Arizona 2024 2024 Regular Session

Arizona House Bill HB2120 Comm Sub / Analysis

Filed 02/28/2024

                      	HB 2120 
Initials NM 	Page 1 	House Engrossed 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
Second Regular Session 
House: MAPS DP 8-7-0-0 
 
HB 2120: law enforcement; defunding; prohibition 
Sponsor: Representative Marshall, LD 7 
House Engrossed 
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 state 
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. Provides that a municipality that reduces its law enforcement agency's budget will not 
have its state shared monies withheld if:  
a) The municipality does not have sufficient monies;  
b) The budgets of all other departments and agencies are reduced by an equal or greater 
amount as the reduction in the law enforcement agency's budget;  
c) The municipality has not experienced population growth; or  
d) The municipality increased the law enforcement agency's budget in the previous year 
for a onetime capital expense. (Sec. 1)  
3. Requires a municipality that reduces its law enforcement agency's budget to reduce all 
other department and agency budgets by at least 50% or the same amount. (Sec. 1)  
4. Prohibits law enforcement agencies from having their budgets reduced first. (Sec. 1)  
5. Requires a municipality that reduces a law enforcement agency's budget to notify the 
State Treasurer. (Sec. 1) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	HB 2120 
Initials NM 	Page 2 	House Engrossed 
6. 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) 
7. 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, 4) 
8. Stipulates that the State Treasurer is not to withhold any amount of state shared monies 
which a 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, 4) 
9. Contains a delayed effective date of January 1, 2025. (Sec. 5)  
10. Defines law enforcement agency. (Sec. 1, 2, 3, 4) 
11. Makes technical and conforming changes. (Sec. 2, 3)