Assigned to APPROP                                                                                                                                 AS VETOED

 

 

 

 

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

 

VETOED

 

FINAL AMENDED

FACT SHEET FOR H.B. 2701

 

national guard mobilization; border; appropriation

 

Purpose

 

            Appropriates $10 million from the state General Fund to the Department of Emergency and Military Affairs (DEMA) in FY 2006-2007 and mobilizes the Arizona National Guard to the border due to the declaration of a State of Emergency issued on August 15, 2005.

 

Background

 

            The Arizona Army National Guard is part of the reserve component of the U.S. Army and provides the armed services with trained and equipped units in case of a state or national emergency.  The Army National Guard is accessible under federal mobilization and can be called-up for operations, national emergencies or war.  Unless federalized, the National Guard is under the command of the Governor, through the direction of the Adjutant General.  In the event of emergency mobilization at the request of the Governor, the state is responsible for the payment of expenses incurred by the National Guard.

 

            According to the Office of the Governor, unauthorized immigrants entering the United States have risen from 140,000 each year in the 1980s to over 700,000 in 2004. This has led to an increase in illegal activity along the Arizona-Mexico international border.

 

            On August 15, 2005, the Governor declared a State of Emergency for Cochise, Pima, Santa Cruz and Yuma counties due to the increase in unauthorized border crossings and the related increase in deaths, crime and property damage.

 

            There is a $10 million appropriation for FY 2006-2007 from the state General Fund to DEMA to pay for costs associated with this legislation.

 

Provisions

 

1.      Requires the Governor to mobilize the Arizona National Guard if the Governor declares a state of emergency for the protection of the lives or property of citizens of this state resulting from unauthorized border crossing and illegal activity.

 

2.      Appropriates $10 million from the state General Fund in FY 2006-2007 to DEMA for payment of expenses incurred by the National Guard related to any mobilization due to a declaration by the Governor relating to the protection of Arizona lives and property resulting from an increase in unauthorized border crossings and the related deaths, crime and property damage, including the declaration issued on or after August 15, 2005.

 

3.      Exempts the appropriation from lapsing.

 

4.      Makes technical changes.

 

5.      Becomes effective on the general effective date, retroactive to August 15, 2005.

 

Amendments Adopted by Committee

 

1.      Increases the appropriation to $10 million.

 

2.      Makes the legislation retroactive.

 

Governor’s Veto Message

 

            In her veto message, the Governor states that the Legislature has no constitutional authority to control when or how the National Guard is deployed and that this legislation is a violation of the separation of powers.

 

House Action                                                              Senate Action

 

FMPR               2/6/06     DP       3-1-2                      APPROP         2/28/06     DPA     7-4-0

3rd Read             2/9/06                 37-20-3                   GOV               2/27/06     W/D

 

Vetoed by the Governor 3/9/06

 

Prepared by Senate Research

March 10, 2006

NS/jas