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Arizona lawmakers raid consumer protection fund to send emergency dollars to state troopers

DPS troopers responding to a car accident on I-17
Al Macias/KJZZ
DPS troopers respond to an accident on southbound I-17 just south of Black Canyon City on Memorial Day — Monday, May 27, 2024.

A Republican plan to send much-needed emergency funding to Arizona’s state troopers would take the money from a fund the attorney general uses to protect consumers against fraud.

In a February letter to Gov. Katie Hobbs, the Arizona State Troopers Association said the Department of Public Safety needs $6.4 million in supplemental funding this year to replace old vehicles and pay for overtime hours to ensure the safety of Arizonans.

“Public safety is a foundational responsibility of state government. Without this supplemental funding, Arizona risks diminished highway enforcement capacity, increased traffic fatalities, and greater strain on already limited personnel resources,” wrote Jeff Hawkins, the association’s president.

Hawkins said that money would help pay for “fatal suppression overtime efforts.” Those are targeted deployments of troopers that have resulted in a 7% decrease in roadway fatalities, according to the letter.

It would also help fund general overtime for troopers working statewide as the department continues to deal with a trooper shortage.

“Without that overtime money, they won’t have backup,” Hawkins told lawmakers.

On Monday, Republican lawmakers sent Hobbs a bill that would provide that money to the agency.

Democratic lawmakers unanimously opposed House Bill 2993.

They argued it funds the Department of Transportation at the expense of everyday Arizonans.

That’s because it would transfer the $6.4 million out of the Consumer Protection-Consumer Fraud Revolving Fund. That is a fund administered by the Attorney General’s office to provide consumer fraud education along with investigation and enforcement of the state’s consumer protection laws.

“I can't believe that that's something we are actively trying to take away,” House Minority Leader Priya Sundareshan (D-Tucson) said.

Democrats pointed to high-profile settlements Attorney General Kris Mayes’ office has secured since she took office in 2022, including an $11.8 million settlement with a home warranty company accused of defrauding customers.

Democrats said they support sending the emergency funding to DPS, but argued it could come from a different source.

Sundareshan said the Arizona Highway Patrol Fund would be a better source for the emergency funding for the Department of Public Safety.

That fund will end this fiscal year with a balance of around $66 million, more than double its recent annual expenses, according to estimates by legislative budget analysts.

The Consumer Protection-Consumer Fraud Revolving Fund is expected to have an ending balance of around $26 million at the end of this fiscal year, about $9 million more than its recent annual expenditures.

The Department of Public Safety declined to comment on the bill.

“As a rule we never comment on pending legislation,” spokesman Bart Graves said.

Other changes

Montenegro’s bill would also let the Department of Public Safety hire its own attorneys to represent it in court.

State law requires most state agencies to rely on the Attorney General’s Office for that legal representation, with some exceptions. Eleven agencies, boards and public bodies are already entitled to hire their own lawyers, including the Auditor General, Arizona Board of Regents, Corporation Commission and the Governor’s Office.

HB2993 would add DPS to that list.

Montenegro justified that change by pointing to controversial comments Mayes made earlier this year about the dangers posed by a possible confrontation between federal immigration agents and Arizonans lawfully carrying firearms.

“So DPS isn't forced to rely on the AG's office when she's choosing politics over professionalism,” Montenegro said.

The Attorney General’s Office called the bill a “PR stunt.”

“The only people politicizing law enforcement are legislative Republicans,” Richie Taylor, Mayes’ spokesman, said. “This bill is a slap in the face to the dedicated attorneys and staff at the Attorney General’s Office who represent the interests of DPS and other state agencies on a daily basis.”

Montenegro did not point to any incidents or cases in which he believes the Attorney General did not provide adequate representation to the Department of Transportation.

“DPS hasn’t needed legal representation yet for any cases since Attorney General Mayes publicly suggested deadly force against police officers could be justified,” Montenegro said in a statement. “HB 2993 makes sure DPS can get independent counsel immediately if it’s ever needed, instead of being forced to rely on an AG who has already shown reckless judgment on officer safety.”

Mayes is currently seeking re-election. Senate President Warren Petersen (R-Gilbert), Montenegro’s counterpart in the Arizona Senate, is one of the Republicans seeking the party’s nomination to face her in the general election.

HB 2993 will now be sent to Hobbs for her consideration.

More Arizona politics news

Wayne Schutsky is a senior field correspondent covering Arizona politics on KJZZ. He has over a decade of experience as a journalist reporting on local communities in Arizona and the state Capitol.