AS PASSED BY COMMITTEE AMENDED ARIZONA STATE SENATE RESEARCH STAFF TO: MEMBERS OF THE SENATE GOVERNMENT COMMITTEE DATE: February 20, 2025 SUBJECT: Strike everything amendment to S.B. 1111, relating to government Purpose Prescribes a fee to be collected from any person that initiates a foreign wire transfer for deposit into the Arizona Deportations Fund (Deportations Fund) to provide grants to law enforcement agencies for each illegal immigrant apprehended and deported. Allows a tax credit in the amount paid by the taxpayer for a foreign wire transfer during the taxable year. Background A person may not engage in the business of money transmission or advertise, solicit or hold itself out as providing money transmission unless the person is licensed with the Department of Insurance and Financial Institutions (DIFI). A money transmitter license is required for any entity that sells or issues payment instruments, receives money for transmission, exchanges payment instruments, or receives money for obligors for the purpose of paying bills, invoices or accounts (A.R.S. § 6-1207; DIFI). Within 30 days after any transaction or series or pattern of transactions that is conducted or attempted by, at or through a business and that involves or aggregates $5,000 or more in funds or assets, each person licensed to engage in the business of money transmission (licensee) must file a prescribed form with the Attorney General's Office. The prescribed form must report of a transaction or series of pattern of transactions if the licensee knows, suspects or has reason to suspect that the activity: 1) involves funds that are derived from illegal activities or is intended or conducted to hide or disguise funds or assets that derive from illegal activities; or 2) has no business or apparent lawful purpose or is not the sort of activity the particular customer would normally be expected to engage in (A.R.S. § 6-1242). If establishing a tax credit for the amount of fees paid for foreign money transmissions results in a change to individual income tax collections, there may be a fiscal impact to the state General Fund. Provisions Foreign Wire Transmission Fee 1. Requires a licensee to charge a fee from any person that initiates a foreign wire transmission of money. ANNA NGUYEN LEGISLATIVE RESEARCH ANALYST GOVERNMENT COMMITTEE Telephone: (602) 926-3171 STRIKER MEMO – Amended S.B. 1111 Page 2 2. Sets the amount of the assessment for a foreign wire transmission of money as: a) $25, for each foreign wire transmission transaction that is less than $500; or b) $25, plus five percent of the amount that is more than $500 for each foreign wire transmission that is $500 or more. 3. Requires a licensee to pay the fees to the Arizona Department of Revenue (ADOR) at the same time the licensee pays the transaction privilege tax. 4. Deems that, if the licensee for any reason does not pay transaction privilege tax, the fee is due and payable to ADOR and delinquent if not paid. 5. Requires ADOR to separately account for monies paid as part of the fee and deposit the net revenues in the Deportations Fund. 6. Establishes an individual income tax credit allowed against an individual's income tax liability for the amount of fees paid by a taxpayer for foreign wire transmissions of money during the taxable year. Deportations Fund 7. Establishes the Deportations Fund consisting of monies from the fee charged to any person that initiates a foreign wire transmission of money by a licensee. 8. Requires the State Treasurer to administer the Deportations Fund. 9. Requires monies in the Deportations Fund to be used to provide grants to law enforcement agencies in Arizona for direct involvement in apprehending an illegal immigrant. 10. Requires grant monies to be distributed on confirmation from the U.S. Immigration and Customs Enforcement or another federal agency that the illegal immigrant was deported. 11. Sets the grant amount as $2,500 for each illegal immigrant who is apprehended and deported. 12. Stipulates that monies in the Deportations Fund are subject to legislative appropriations. 13. Exempts appropriations to the Deportations Fund from lapsing Miscellaneous 14. Defines licensee and law enforcement agency. 15. Contains a purpose statement. 16. Becomes effective on the general effective date. STRIKER MEMO – Amended S.B. 1111 Page 3 Amendments Adopted by Committee 1. Removes the requirement that a law enforcement agency distribute and equally divide the grant monies to law enforcement officers who have direct involvement in apprehending an illegal immigrant. 2. Removes the cap on the tax credit. 3. Removes the definition of law enforcement officer. 4. Defines law enforcement agency. 5. Makes conforming changes. Senate Action GOV 2/20/25 DPA/SE 4-3-0