Bill Text: AZ SB1083 | 2012 | Fiftieth Legislature 2nd Regular | Engrossed
Bill Title: Arizona state guard
Spectrum: Partisan Bill (Republican 9-0)
Status: (Engrossed - Dead) 2012-03-29 - House majority caucus: Do pass [SB1083 Detail]
Download: Arizona-2012-SB1083-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SENATE BILL 1083 |
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AN ACT
Amending section 13-4315, Arizona Revised Statutes; amending section 41‑1758.01, Arizona Revised Statutes, as amended by Laws 2011, chapter 113, section 4, chapter 177, section 3 and chapter 203, section 4; repealing section 41-1758.01, Arizona Revised Statutes, as amended by Laws 2011, chapter 190, section 33; amending title 41, Arizona Revised Statutes, by adding chapter 20; amending title 41, chapter 27, article 2, Arizona Revised Statutes, by adding section 41‑3022.01; relating to the Arizona special missions unit.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-4315, Arizona Revised Statutes, is amended to read:
13-4315. Allocation of forfeited property
A. Any property, including all interests in property, forfeited to the state under this title shall be transferred as requested by the attorney for the state to the seizing agency or to the agency or political subdivision employing the attorney for the state, which may do any of the following:
1. Sell, lease, lend or transfer the property to any local or state government entity or agency or political subdivision, law enforcement agency or prosecutorial agency or any federal law enforcement agency which operates within this state for official federal, state or political subdivision use within this state, with expenses for keeping and transferring such property to be paid by the recipient. Property may not be allocated for official use if the fair market value of the property substantially exceeds the agency's probable cost of purchasing other property equally suited for the intended official use. Property that is allocated for official use may not be assigned for use by any person who supervised or exercised discretion in its forfeiture unless the use is approved in writing by the head of the agency.
2. Sell forfeited property by public or otherwise commercially reasonable sale with expenses of keeping and selling the property and the amount of all valid interests established by claimants paid out of the proceeds of the sale with the balance paid into the anti‑racketeering fund of the state or of the county in which the political subdivision seizing the property or prosecuting the action is located. A sale of forfeited property may not be made to any employee of the seizing agency, any person who participated in the forfeiture, any employee of a contractor selling the property on behalf of the seizing agency or any member of the immediate family of any of these employees or persons.
3. Destroy or use for investigative purposes any illegal or controlled substances or other contraband at any time more than twenty days after seizure, on written approval of the attorney for the state, preserving only such material as may be necessary for evidence.
4. Sell, use or destroy all raw materials, products and equipment of any kind used or intended for use in manufacturing, compounding or processing a controlled substance.
5. Compromise and pay claims against property forfeited pursuant to any provision of this section.
6. Make any other disposition of forfeited property authorized by law for the disposition of property of the state, government entity, agency or political subdivision.
B. Notwithstanding subsection A of this section or any other provision of law to the contrary:
1. If the property forfeited is money, and a law enforcement agency can specifically identify monies as being from its investigative funds or as being exchanged for property from its investigative property, the monies shall be remitted to the investigative fund. If there are additional forfeited monies or monies tendered on satisfaction by an interest holder which cannot be specifically identified, the court shall order the monies returned to each law enforcement agency that makes a showing of costs or expenses which it incurred in connection with the investigation and prosecution of the matter and shall order all excess monies remaining after such returns deposited in the anti‑racketeering fund of this state or of the county in which the political subdivision seizing the monies or prosecuting the action is located, established pursuant to section 13‑2314.01 or 13‑2314.03.
2. If the property declared forfeited is an interest in a vehicle, the court shall order it forfeited to the local, state or other law enforcement agency seizing the vehicle for forfeiture or to the seizing agency.
C. Monies in any anti‑racketeering fund established pursuant to this title may be used, in addition to any other lawful use, for:
1. The payment of any expenses necessary to seize, detain, appraise, inventory, protect, maintain, preserve the availability of, advertise or sell property that is subject to forfeiture and that is seized, detained or forfeited pursuant to this title or of any other necessary expenses incident to the seizure, detention, preservation or forfeiture of the property. The payments may include payments for contract services and payments to reimburse any federal, state or local agency for any expenditures made to perform the functions of the seizing agency.
2. The payment of awards for information or assistance leading to a civil or criminal proceeding under this title.
3. The payment of compensation from forfeited property to injured persons as provided in section 13‑4311, subsection N, paragraph 3.
D. Each attorney for the state shall submit a copy of each forfeiture judgment, including each order of forfeiture, to the Arizona criminal justice commission within sixty days after the forfeiture judgment becomes final or after the conclusion of appellate review, if any.
E. Notwithstanding any other law, for the purposes of this section, the Arizona special missions unit is considered a seizing agency in cases in which the special missions unit participates and cooperates with state or local law enforcement agencies in activities that result in a seizure of property for forfeiture under this chapter.
Sec. 2. Section 41‑1758.01, Arizona Revised Statutes, as amended by Laws 2011, chapter 113, section 4, chapter 177, section 3 and chapter 203, section 4, is amended to read:
41-1758.01. Fingerprinting division; duties
The fingerprinting division is established in the department of public safety and shall:
1. Conduct fingerprint background checks for persons and applicants who are seeking licenses from state agencies, employment with licensees, contract providers and state agencies or employment or educational opportunities with agencies that require fingerprint background checks pursuant to sections 8‑105, 8‑322, 8-509, 8‑802, 15‑183, 15‑503, 15‑512, 15‑534, 15‑782.02, 15‑1330, 15‑1881, 17-215, 26-103, 32‑2108.01, 32‑2123, 32‑2371, 36‑207, 36‑411, 36‑425.03, 36‑446.04, 36‑594.01, 36‑594.02, 36‑882, 36‑883.02, 36‑897.01, 36‑897.03, 36‑3008, 41‑619.52, 41‑619.53, 41‑1964, 41‑1967.01, 41‑1968, and 41‑1969, and section 41-2352, subsection E, paragraph 2, section 41‑2814, section 46‑141, subsection A and section 46‑321.
2. Issue fingerprint clearance cards. On issuance, a fingerprint clearance card becomes the personal property of the cardholder and the cardholder shall retain possession of the fingerprint clearance card.
3. On submission of an application for a fingerprint clearance card, collect the fees established by the board of fingerprinting pursuant to section 41‑619.53 and deposit, pursuant to sections 35‑146 and 35‑147, the monies collected in the board of fingerprinting fund.
4. Inform in writing each person who submits fingerprints for a fingerprint background check of the person's right to petition the board of fingerprinting for a good cause exception pursuant to sections 41‑1758.03 and 41‑1758.07.
5. Administer and enforce this article.
Sec. 3. Repeal
Section 41‑1758.01, Arizona Revised Statutes, as amended by Laws 2011, chapter 190, section 33, is repealed.
Sec. 4. Title 41, Arizona Revised Statutes, is amended by adding chapter 20, to read:
CHAPTER 20
ARIZONA SPECIAL MISSIONS UNIT
ARTICLE 1. GENERAL PROVISIONS
41-2351. Arizona special missions unit; mission
A. The Arizona special missions unit is established for the purpose of securing the safety and protection of the lives and property of the citizens of this state. The intent of the special missions unit is to provide a mission-ready volunteer force for use by this state in homeland security and community service activities as a supplement to state and local law enforcement agencies.
B. The mission of the Arizona special missions unit is:
1. To support this state in securing the border with Mexico and supplement the efforts of law enforcement and state agencies, including the pursuit, arrest and detention of individuals engaging in cross-border criminal activity. In the case of unilateral operations ordered by the governor, the special missions unit may detain and arrest until a law enforcement agency takes over.
2. To support county and municipal leaders in combating international criminal activity. A municipal chief of police or a county sheriff may request the activation of the special missions unit to supplement local law enforcement assets in specifically identified circumstances. The commander may enter into agreements and memoranda of understanding as necessary to clarify the extent and procedures of operation.
3. To respond to natural and manmade disasters.
4. For search and rescue efforts.
5. To support community activities.
6. For other missions directed by the governor.
C. The commander shall adopt rules to govern administration and organization of the special missions unit. For this purpose, the Arizona special missions unit is exempt from the provisions of chapter 6 of this title, but shall submit proposed rules to the governor, the president of the senate and the speaker of the house of representatives for review. Unless superseded by legislation enacted in the next regular session of the legislature, the proposed rule becomes effective on the first day of the next month beginning at least thirty days after the regular session of the legislature adjourns sine die.
41-2352. Commander; personnel; qualifications; recruitment of volunteers
A. Pursuant to section 38‑211, the governor shall appoint and commission a commander of the Arizona special missions unit based on the applicant's background, age, education, experience and performance in law enforcement or in the armed forces of the United States and the applicant's willingness to serve.
B. The commander may appoint commissioned officers, warrant officers and enlisted personnel and organize and shall maintain the special missions unit pursuant to this chapter. The commander shall:
1. Appoint key command and staff positions. The personnel complement of the special missions unit shall not exceed four full-time equivalent employees.
2. Investigate and evaluate members of the special missions unit.
3. Promote and establish standard operating procedures, unit regulations and other orders and publications to maintain efficient operations for mission accomplishment.
4. Maintain and preserve the individual, unit and organization records of the special missions unit.
5. Submit the following reports to the president of the senate, the speaker of the house of representatives and the governor:
(a) On January 1 of each year a report including the current readiness of the special missions unit, critical factors affecting the assigned mission, a record of all property seized pursuant to section 13‑4315, subsection E, including the manner in which the seized property was disposed and a proposed operating budget for the next fiscal year.
(b) On reaching mission capability status, a monthly readiness report on the capability of the special missions unit to conduct its primary and secondary missions.
C. The commander shall Provide for the recruitment of volunteers from throughout this state.
D. A person shall not be commissioned or enlisted in the special missions unit:
1. Unless the person is a citizen, or a legal resident who has declared the intention to become a citizen, of the United States.
2. If the person has been expelled or dishonorably discharged from any military or naval force of the United States, this state or another state.
E. All members, including volunteers, of the special missions unit:
1. Must possess the following current documentation:
(a) A United States passport.
(b) A birth certificate.
(c) A driver license issued by this state.
(d) For former members of the uniformed services of the United States, a certificate of release or discharge, DD form 214 for active service members or NGB form 22 for national guard members.
2. Must submit a full set of fingerprints to the special missions unit unless the person has a full set of fingerprints on file with the department of public safety. The special missions unit shall submit the fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.
3. Are subject to oral and written psychological screening, interviews, polygraph testing and physical testing, as provided by rules adopted by the commander, to ensure the physical, psychological, emotional and mental fitness of members of the special missions unit in their assigned level of responsibility.
F. The commander shall establish standards and levels of mandatory and optional training for personnel assigned to the respective functional programs in the special missions unit, including:
1. Qualifications for applying for and engaging in specialized advanced training programs.
2. External evaluation of training programs and of the ability of trained units to accomplish their assigned missions.
G. At the time of commission or enlistment, each member joining the special missions unit shall take and subscribe the following oath, in addition to the oath required by law of officers:
I do solemnly swear that I will well and faithfully perform my duties as a member of the Arizona special missions unit to the best of my ability. I will bear true faith and allegiance to the United States Constitution, the Arizona Constitution and the laws of the state of Arizona. I will serve the state of Arizona honestly and faithfully against all enemies. I will obey the orders of the governor and the officers placed over me, according to law, so help me God (or so I do affirm).
H. Commission or enlistment in the special missions unit does not exempt a person from service in the uniformed service of the United States under federal law.
41-2353. Operations
The commander may authorize:
1. The cooperation and participation of the special missions unit with state or local law enforcement agencies, including law enforcement activities that result in the seizure of property for forfeiture under title 13, chapter 39 and accept an allocation of such forfeited property under section 13-4315.
2. The close continuous pursuit of ongoing cross-border criminal activity, including entering state trust land and, pursuant to a memorandum of understanding, adjacent states and federal lands. The commander shall immediately notify the governor of the action and circumstances involved.
41-2354. Discipline and order
A. The commander of the Arizona special missions unit shall adopt and implement high standards for maintaining discipline and order.
B. The uniform code of military justice (10 United States Code section 801 et seq.) and the regulations adopted under the uniform code and the manual for courts-martial of the United States (Executive Order 12473 of April 13, 1984) are adopted as guidelines for application to the special missions unit when not inconsistent with state law.
41-2355. Assets and financial support; appropriation
A. The sum of one million four hundred thousand dollars is appropriated from the gang and immigration intelligence team enforcement mission border security and law enforcement subaccount established by section 41-1724 each fiscal year to the Arizona special missions unit for its training, operations and maintenance costs. The legislature may appropriate additional amounts if necessary. The special missions unit may also accept unconditional gifts, grants and donations from any:
1. Public or private source, including from state and local government entities, agencies, instrumentalities, political subdivisions and budget units.
2. Nonprofit charitable organizations and foundations that qualify under section 501(c)(3) or 501(c)(4) of the United States internal revenue code.
B. The special missions unit shall submit an annual budget to the legislature.
C. Full-time special missions unit personnel are eligible for compensation according to the pay grade and tables established by the commander. Subject to appropriation, other members of the special missions unit shall be compensated not more than:
1. One hundred dollars per day of initial training, not to exceed five days.
2. One hundred dollars per day of annual training, not to exceed five days of training exercises per year.
3. One hundred dollars for not more than one day of monthly drill.
D. With the governor's approval, the commander may purchase workers' compensation insurance for members of the special missions unit covering and insuring members AGAINST injury while serving under competent orders of activation or attending training. The estate of a member who dies as a result of injury or disability incurred while performing official duties under orders of activation or training is entitled to a death benefit calculated pursuant to rules adopted by the commander.
E. The special missions unit is exempt from the requirements of chapter 23 of this title, relating to state procurement. For the use of the special missions unit, the governor, adjutant general and school superintendents may make available whenever practicable national guard armories, equipment and other state premises and property on terms prescribed by the commander.
41-2356. Immunities and exemptions while on active duty
A. In any civil action, a member of the Arizona special missions unit is entitled to the same immunity protection afforded public employees and law enforcement for acts that occur within the scope of the member's duties if those acts are performed as a result of a direct order from a commanding officer or are otherwise consistent with current standard operating procedures and protocols.
B. A member of the special missions unit is not liable for jury duty while on active duty.
41-2357. Employment rights while on active duty; violation; classification
A. An employer shall not refuse to permit members of the Arizona special missions unit to take leaves of absence from employment for the purpose of complying with competent orders for active duty, or to attend training, camps, maneuvers, formations or drills. The leaves of absence shall not affect vacation rights that employees otherwise have, except that an employer need not consider the period of absence as a period of work in determining eligibility for vacation and the amount of vacation pay to which the employee is entitled.
B. A member of the special missions unit shall not lose seniority or precedence while absent under competent orders. On return to employment the employee shall be returned to the employee's previous position, or to a higher position commensurate with the employee's ability and experience as seniority or precedence would ordinarily entitle the employee.
C. An officer or employee of this state, or any department or political subdivision of this state, who is a member of the special missions unit, is entitled to a leave of absence from the individual's duties, in the same manner as provided by section 38‑610, without loss of time or efficiency rating on all days during which the individual is engaged in training pursuant to this chapter, and for a period during leave of absence not to exceed thirty days in any two consecutive years the individual is entitled to pay. For the purposes of this section, an officer or employee shall not be charged with leave for days on which the individual was not otherwise scheduled for work.
D. A person who violates any provision of subsection A or B of this section is guilty of a class 1 misdemeanor. The county attorney shall prosecute violations in superior court.
Sec. 5. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41‑3022.01, to read:
41‑3022.01. Arizona special missions unit; termination July 1, 2022
A. The Arizona special missions unit terminates on July 1, 2022.
B. Title 41, chapter 20 is repealed on January 1, 2023.
Sec. 6. Purpose
Pursuant to section 41‑2955, subsection E, Arizona Revised Statutes, the legislature establishes the Arizona special missions unit to supplement law enforcement efforts in combating international criminal activity and other law enforcement and community activities as provided by law under the direction of the governor.
Sec. 7. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.
