Assigned to MAPS AS PASSED BY COW ARIZONA STATE SENATE Fifty-Sixth Legislature, First Regular Session AMENDED FACT SHEET FOR S.B. 1369 certified peace officers; hiring reimbursement Purpose Allows a law enforcement agency that pays the certification and training costs for a peace officer that is subsequently hired by another law enforcement agency within a certain number of years to seek reimbursement for the costs at a specified percentage. Background Statute requires the Arizona Peace Officer Standards and Training Board (AZPOST) to set reasonable minimum qualifications for officers to be appointed to enforce the laws of Arizona and political subdivisions of Arizona and requires AZPOST to certify officers in compliance with these qualifications. The qualifications require U.S. citizenship, relate to physical, mental and moral fitness and govern the recruitment, appointment and retention of all agents, peace officers and police officers of every political subdivision of Arizona (A.R.S. § 41-1822). There is no anticipated fiscal impact to the state General Fund associated with this legislation. Provisions 1. Allows a law enforcement agency that pays the costs of an employed peace officer's AZPOST certification and training to seek reimbursement for the costs from another hiring law enforcement agency. 2. Requires the hiring law enforcement agency to reimburse: a) 100 percent of the costs if the officer leaves the original law enforcement agency within one year after employment; b) 75 percent of the costs if the officer leaves the original law enforcement agency between 1 year and two years after employment; or c) 50 percent of the costs if the officer leaves the original law enforcement agency between two years and three years after employment. 3. Specifies that costs related to a peace officer's certification and training include travel, housing and salary during training. 4. Allows an original law enforcement agency to waive reimbursement for a peace officer who voluntarily leaves employment and who is subsequently employed by the hiring law enforcement agency for any reason. FACT SHEET – Amended S.B. 1369 Page 2 5. Requires employee hardship and extenuating family circumstances to be considered presumptive reasons for reimbursement waivers. 6. Prohibits a hiring law enforcement agency from requiring a peace officer to assume responsibility for repaying the peace officer's certification costs or any other related costs in an effort to be reimbursed. 7. Prohibits a hiring law enforcement agency, when making employment decisions, from considering whether the hiring law enforcement agency will be required to make reimbursement for training costs if a particular applicant is employed. 8. Requires the original law enforcement agency to submit an itemized statement to the certified peace officer's hiring law enforcement agency for payment. 9. Allows the original law enforcement agency to enforce collection of any obligation through civil remedies and procedures. 10. Requires a law enforcement agency to include an explanation of hiring reimbursement requirements in employment documentation provided to a certified peace officer during the agency's hiring process. 11. Stipulates that hiring reimbursement requirements do not apply to an employee who leaves the original law enforcement agency, is not employed as a certified peace officer for one year or more and is subsequently hired by a hiring law enforcement agency. 12. Defines hiring law enforcement agency as a law enforcement agency in Arizona, or a city, town or county or a political subdivision that hires a certified peace officer after the certified peace officer voluntarily leaves the employment of the law enforcement agency that paid the peace officer's costs of certification. 13. Becomes effective on the general effective date. Amendments adopted by Committee of the Whole 1. Stipulates that employee hardship and extenuating family circumstances must be considered presumptive reasons for reimbursement waivers. 2. Requires an agency to include an explanation of hiring reimbursement requirements in the employment documentation provided to a certified peace officer during the agency's hiring process. 3. Exempts a law enforcement agency from being liable for reimbursement costs of a law enforcement officer's AZPOST training and certification if the officer leaves the original agency and is not employed as a certified peace officer for one year or more before being hired by another law enforcement agency. 4. Specifies that a hiring law enforcement agency is not liable for AZPOST certification and training costs for a certified peace officer who involuntarily leaves the employment of the original agency. FACT SHEET – Amended S.B. 1369 Page 3 Senate Action MAPS 2/15/23 DP 6-1-0 Prepared by Senate Research March 1, 2023 ZD/sr