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Rules committee clears SB1299 despite voter-intent questions over $2.5 million transfer
Summary
The committee recommended SB1299 is constitutional and in proper form while the rules attorney flagged a VPA analysis and concerns that a $2.5 million transfer from the Smart and Safe Fund to a DPS-administered enforcement fund could conflict with the voter-approved distribution scheme.
The Arizona Senate Rules Committee recommended Senate Bill 1299 is constitutional and in proper form, but the committee's attorney warned that the bill may raise issues under the state's voter-protection analysis because it would transfer $2,500,000 from the Smart and Safe Fund to a Department of Public Safety (DPS) administered enforcement fund for recreational marijuana regulations.
The rules attorney summarized the measure and explained the committee applied a VPA (voter-protection) analysis because recreational-marijuana legalization was voter-approved. The attorney said the fund "establishes the safe enforcement fund under the administration of DPS to enforce the recreational marijuana laws," and added that "we can certainly see an argument that the voters intended to legalize recreational marijuana subject to regulations and, therefore, the enforcement of those regulations." The attorney cautioned, however, that transferring $2,500,000 from the Smart and Safe Fund to a DPS-administered fund "could be problematic" because the Smart and Safe Act contains a statutory distribution scheme that does not include DPS.
The attorney said whether the transfer furthers the purpose of the Smart and Safe Act depends on facts that would need to be developed in court and could implicate whether the voters' distribution scheme is being altered. The attorney concluded that "the bill is otherwise in proper form."
Vice Chairman Carter moved that SB1299 is constitutional and in proper form. The committee recorded the following votes: Representative Carbone (Aye); Representative De Los Santos (Nay); Representative Mathis (Nay); Speaker Montenegro (Aye); Representative Willoughby (Aye); Vice Chairman Carter (Aye); Chairman Hendricks (Aye). The clerk reported the tally as five ayes, two nays, and one absent. The committee recommended the bill move forward as constitutional and in proper form.
The committeediscussion focused on whether the proposed transfer of funds respects the voter-approved distribution scheme for Smart and Safe monies; the rules attorney said resolution of that question could require factual development in litigation. No amendments or staff directions were recorded during committee consideration.
