House of Representatives

HB 2434

flag presentation; deceased peace officers

Sponsors: Representatives Poelstra, Marsh, Loredo, May, et al

dpa	Committee on Military, Veterans' Affairs & Aviation
DP	Committee on Retirement and Government Operations
X	Committee on Appropriations
	Caucus and COW
	Third Read	This bill as introduced contains an Appropriation clause.
	As Passed the House

HB 2434 expands the duties of a funeral director regarding the death of a law enforcement officer, requires the governor’s office to send a certificate of condolence and gratitude to the next of kin of a deceased law enforcement officer and provides that the Arizona Peace Officer Standards and Training Board (Board) shall provide, upon request, a state flag to the next of kin of a deceased law enforcement officer.

Current Status

HB 2434 was amended in the Military, Veterans’ Affairs & Aviation committee to change the responsibilities of the funeral director, allow the governor the choice of sending a condolence letter, stipulate that no general fund monies will be used and redefine law enforcement officer. HB 2434 passed the Retirement and Government Operations Committee unamended.

History

Law enforcement officer is defined in different ways in different Arizona statutes; for example, ARS §38-1001 defines it as an appointed and paid deputy sheriff or police officer and ARS §8-201 defines it as a peace officer, sheriff, deputy sheriff, municipal police officer and constable. Currently, when the death of a law enforcement officer occurs, decisions to provide honors funeral and memorial services are at the discretion of the officer’s individual law enforcement agency. Tribute Programs are available to agencies to provide services regarding honors funerals and memorials.

Provisions

· Expands the duties of a funeral director to include the responsibility of notifying the next of kin of a deceased law enforcement officer that upon request they are eligible to receive a state flag, at no cost, from the Board.

· States that when a funeral director collects personal information for the death certificate, he should include whether or not the deceased was a law enforcement officer.

· Requires the Board to report the law enforcement officer’s death to the governor’s office.

· Requires the Governor to send, to the next of kin of a deceased law enforcement officer, a certificate that expresses condolences and gratitude on behalf of the governor and the people of this state for the officer’s service.

· Allows the next of kin of a deceased law enforcement officer (including former officers) to obtain a state flag, at no cost, from the Board.

· Defines law enforcement officer.

· Makes technical and conforming changes.

Amendments

HB 2434 was amended in the Military, Veterans’ Affairs & Aviation Committee as follows:

· Strikes the additional responsibilities of the funeral director and instead states that upon the request from the deceased officer’s next of kin, the funeral director will inform the Arizona Peace Officer Standards and Training Board of the death.

· Rescinds the requirement that the governor send a letter of condolences and gratitude to the next of kin of a deceased officer and leaves this provision to the governor’s discretion.

· Stipulates that no general fund monies will be used to carry out the purposes of this section.

· Redefines law enforcement officer to mean an Arizona police officer, sheriff, deputy sheriff or marshal who has served at least ten years and includes former Arizona officers.

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· 45th Legislature

· Second Regular Session 2 March 20, 2002

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