Assigned to APPROP                                                                                                  AS PASSED BY THE SENATE






Forty-ninth Legislature, Second Regular Session





technical correction; revenue bond authority

(NOW: immigration; border security)




            Distributes $200,000 of the monies appropriated to the Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) in FY 2011 to the Cochise County Sheriffs Office for border security.  Establishes the Arizona Border Security Commission.




The federal Homeland Security Act of 2002 established the Department of Homeland Security (DHS) an executive department of the United States (U.S).  It established the primary mission of DHS to prevent terrorism within the United States.  In 2003 several federal agencies became part of DHS, including the U.S. Customs Service and the Immigration and Naturalization Service.  As a result of combining these agencies under the umbrella of DHS, the U.S. Customs and Border Protection  (CBP) and the U.S. Immigration and Customs Enforcement (ICE) were created.


CBP was created with a priority mission of keeping terrorists and their weapons out of the U.S. It also has a responsibility for securing and facilitating trade and travel while enforcing hundreds of U.S. regulations, including immigration and drug laws.  ICE is an investigative branch of the DHS created to protect the security of the people of the U.S. and the homeland by enforcing the nation's immigration and customs laws.


There is no anticipated impact to the state General Fund associated with this legislation.




1.      Awards attorney fees to a prevailing party in a suit regarding public benefits and proof of citizenship.


2.      Defines state or local public benefit to include contracts, grants or loans for welfare, health, disability public or assisted housing, postsecondary education, food assistance or other similar benefit.


3.      Specifies that the penalty for a city or town that adopts a policy limiting immigration enforcement is not less than $500 and not more than $5000. 


4.      Establishes the Arizona Border Security Commission (Commission) to:

a)   report on the status of the United States and Mexico border (border);

b)   analyze border crossing and crime statistics;

c)   measure border security success by comparing the monthly number and severity of illegal alien caused burglaries, home invasions and ranching infrastructure or livestock losses;

d)   recommend the establishment of twelve forward operating bases along the border;

e)   make recommendations to the appropriate federal authorities regarding the deployment of military units to secure the border, the addition of Border Patrol agents and the use of enhanced technologies;

f)   explore and determine measures to increase border security; and

g)   urge the Governor to deploy Arizona National Guard units to the border.


5.      Defines the Commission members as follows:

a)      the Governor, or the Governor’s designee, who serves as chairperson;

b)      the President of the Senate or designee;

c)      the Speaker of the House of Representatives or designee;

d)     two members of the Senate, appointed by the President;

e)      two members of the House of Representatives, appointed by the Speaker;

f)       the Attorney General;

g)      the Adjutant General or designee;

h)      the Director of the Department of Public Safety or designee;

i)        the Director of the Department of Homeland Security or designee ;

j)        the President of the Association of County Sheriffs or designee;

k)      a representative from the United States Customs and Border Protection;

l)        a representative from the Federal Bureau of Investigation;

m)    the president of an association of county attorneys or designee;

n)      a representative of a chief of police association;

o)      a representative from the Civil Air Patrol; and

p)      a representative of a city that is adjacent to the United States and Mexico border, appointed by the Governor.


6.      Allows members to be reimbursed for expenses.


7.      Requires the Commission to meet and report monthly to the, Speaker of the House of Representatives, the President of the Senate and the Governor.


8.      Requires the distribution of $200,000 of the monies appropriated to GIITEM in FY 2011 to the Cochise County Sheriff’s Office for border security, including the costs of equipment related to a pilot program to dispatch a volunteer security force to the border.


9.      Requires the Director of the Department of Public Safety (DPS) to use GIITEM monies to direct DPS officers to Cochise County for border security or to establish a border security pilot program.


10.  Allows the Commission to use the services of the legislative staff as required.


11.  Repeals the Commission on December 31, 2014.


12.  Conditions the enactment of this legislation on the passage of Senate Bill 1070.


13.  Becomes effective on the general effective date or later, subject to the provisions of the conditional enactment.


Amendments Adopted by Committee


1.    Adopted the strike everything amendment.


2.    Expanded the charge of the Commission.


Amendments Adopted by Committee of the Whole


1.      Awards attorney fees to the prevailing party in a public benefits suit.


2.      Defines terms.


3.      Makes technical changes.


Senate Action


APPROP         4/6/10      DPA/SE      8-1-0-0

3rd Read           4/26/10                       18-11-1-0