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Committee backs bill to bar transfer of RICO funds to state general fund
Summary
The House Public Safety and Law Enforcement Committee voted to give House Bill 2102 a due-pass recommendation; the bill would prohibit transferring anti-racketeering (RICO) revolving fund monies into the state general fund and leaves existing forfeiture rules unchanged.
The House Committee on Public Safety and Law Enforcement gave House Bill 2102 a due-pass recommendation after a brief hearing that included sponsor remarks, staff explanation and testimony from law enforcement advocates.
House Bill 2102, introduced to the committee as described by staff, forbids anti-racketeering revolving fund monies from being transferred back to the state general fund. Committee staff explained the funds are generated by seizures and forfeitures and are used by agencies to support activities such as seizures, gang prevention programs, audits and related reports “as listed in the statutes.”
State Representative Teresa Martinez, the bill sponsor, told the committee she drafted the measure after learning the Legislature swept RICO funds in last year’s budget. “We, the state legislature, took their money,” Martinez said, arguing the bill does not change how funds are seized or what they may be used for but would stop the Legislature from appropriating those monies to cover general budget shortfalls. “This simply says that the legislature will not seize the money and use the money that's supposed to be for equipment and for bullets and for dogs for our mismanagement,” Martinez said.
Bridal Castillo, a House Research intern who introduced the measure for staff, told the committee she would follow up on questions about administrative discretion. During questions, staff confirmed the attorney general administers the fund and that the AG has discretion to approve or deny applications consistent with statute; staff said they would research specific discretionary authorities and return with details.
Justin Thornton, executive director of the Arizona Fraternal Order of Police and a retired DPS officer, testified in support. Thornton described department uses for the funds, including canine medical costs, video equipment for interviews and interdiction training, and said agencies rely on the monies to maintain public-safety equipment and investigations.
After discussion, Vice Chair Pamela Carter moved that House Bill 2102 be returned with a due-pass recommendation. The roll call returned 14 ayes, 0 nays, 1 present and 0 absent; the committee chair announced the bill received a due-pass recommendation.
The measure moves to the House floor; staff said they would provide follow-up on the AG’s administrative discretion and other statutory specifics requested by members.
