Arizona 2023 2023 Regular Session

Arizona House Bill HB2756 Comm Sub / Analysis

Filed 02/15/2023

                      	HB 2756 
Initials NM 	Page 1 	Caucus & COW  
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
House: MAPS DPA 8-7-0-0 
 
HB 2756: law enforcement; defunding; prohibition 
Sponsor: Representative Marshall, LD 7 
Caucus & COW 
Overview 
Mandates that a city or town (municipality) must not reduce the annual operating budget (budget) 
of a law enforcement agency below the previous year's budget.  
History 
The Urban Revenue Sharing (URS) program provides that a percentage of state individual and 
corporate income tax revenues are to be shared with municipalities in Arizona. The amount 
currently distributed to municipalities is 15% of net income tax collections from the fiscal year two 
years prior to the current fiscal year. URS monies are distributed to municipalities based on 
population (A.R.S. § 43-206; JLBC FY 2024 Baseline, GF Revenue; DOR Tax Handbook, 
Individual Income Tax). 
Revenues collected through state transaction privilege tax (TPT), often called "sales tax", are also 
shared with Arizona’s counties and municipalities through a complex system of formulas 
established in statute. The Department of Revenue transmits all TPT revenues to the State 
Treasurer, a portion of which are designated for distribution to counties, municipalities, and other 
purposes. After the required distributions, remaining monies are credited to the General Fund 
(A.R.S. § 42-5029; DOR Tax Handbook, TPT).  
Provisions 
1. Prohibits a municipality from reducing the budget of a law enforcement agency below the 
previous year's budget. (Sec. 1)  
2. Requires a municipality that reduces a law enforcement agency's budget to notify the State 
Treasurer. (Sec. 1)  
3. Requires the State Treasurer to withhold URS and state-shared TPT monies, from a 
municipality that reduces a law enforcement agency's budget, in an amount equal to the 
budget reduction. (Sec. 1, 2, 3)  
4. Specifies that the State Treasurer is to continue withholding state shared monies until the 
municipality restores the law enforcement agency's budget. (Sec. 1, 2, 3)  
5. Stipulates that the State Treasurer is not to withhold any amount of state shared monies which 
the municipality certifies as being necessary to make required payments for debt service on 
bonds or other long-term obligations issued or incurred before the reduction in the law 
enforcement agency's budget. (Sec. 2, 3)  
6. Provides that if a municipality does not have the monies required, to continue the law 
enforcement agency's budget at the same amount as the previous year, that the municipality 
will not have its state shared monies withheld. (Sec. 1)  
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	HB 2756 
Initials NM 	Page 2 	Caucus & COW  
7. Defines law enforcement agency. (Sec. 1, 2, 3)  
8. Makes technical and conforming changes. (Sec. 2, 3)  
Amendments  
Committee on Military Affairs and Public Safety  
1. Requires a municipality that reduces the budget of a law enforcement agency to reduce the 
budget of all other departments within the municipality by an equal amount.  
2. Asserts that the budget of a law enforcement agency must be the last budget to be reduced.  
3. Stipulates that onetime capital improvement is not considered part of a law enforcement 
agency's budget.  
4. Specifies and delineates what is considered severe financial hardship, for the purposes of 
exempting a municipality from the requirement to continue a law enforcement agency's budget 
at the same amount as the previous year.  
5. Alters the calculation of the budget to be the per capita annual operating budget.