House of Representatives

SB 1406

interstate compact; border fence

Sponsors: Senators Smith: Allen, Antenori, et al.

 

DP

Committee on Military Affairs & Public Safety
DPA

Committee on Appropriations
X

Caucus and COW
 

House Engrossed

Overview

SB 1406 allows the governor to enter into an interstate compact to create a border fence along the Arizona-Mexico border located on private property.

History

The United States shares a border with Mexico that is approximately 2,000 miles, 376 miles of which are in Arizona. This border area with Mexico consists of sparsely populated areas, vast expanses of rugged, mountainous terrain aligned in north-south corridors, and broad valleys and desert. Currently, 323 miles of the 376-mile Arizona-Mexico border has some type of fencing.

Provisions

·          Allows the governor to enter into a compact with other states to provide for the construction and maintenance of a secure fence along the Arizona-Mexico border that is located on private property if landowners consent.

·          Permits the governor to enter into any broader compact relating to the same or similar issue.

·          Requires a compact to contain the following:

Ř        Provision making joinder available to all states.

Ř        Provision for withdrawal from the compact on written notice to the parties no sooner than one year after the date of notice.

Ř        Provision to establish an organization to administer and manage the construction and maintenance of the fence.

Ř        Provision to allow states to opt-out of utilizing states monies for constructing and maintaining the border fence.

Ř        Provision that allows a state to develop a funding mechanism to construct and maintain the border fence.

Ř        Requirement that a state utilize inmate labor and services as well as private contractors to construct and maintain the border fence.

Ř        Option to construct and maintain the secure fence on state or federal land.

Amendments

Committee on Appropriations

Changes to the Interstate Compact

·          Requires the organization in the interstate compact to administer any monies obtained for the construction and maintenance of the border fence.

·          Deletes the required provision in the interstate compact that allows states to opt-out of utilizing states monies for construction and maintaining the border fence.

·          Specifies that in the provision in the compact that provides for the state to develop their own funding mechanism to construct and maintain the border fence through private or public donations from whatever source.

Border Fence – Non-Interstate Compact

·          Stipulates that if the state does not enter into the interstate compact established in this act:

Ř       The state may still construct and maintain a secure fence along the Arizona-Mexico border that is located on private property if a landowner consents according to the same applicable provisions in the interstate compact.

Ř       Creates the Joint Arizona-Mexico Border Security Fence Committee (Committee) to administer and manage the construction and maintenance of the border fence.

Joint Arizona-Mexico Border Security Fence Committee

·          Establishes that the Committee consisting of the following members:

Ř       The President of the Senate or the President’s designee,

Ř       The Speaker of the House of the Representatives or the Speaker’s designee,

Ř       Two members of the House of Representatives appointed by the Speaker,

Ř       Two members of the Senate appointed by the President,

Ř       Three members appointed by the Governor of Arizona.

·          Stipulates that the President of the Senate and the Speaker of the House are to appoint a cochairperson.

·          Requires the Committee to meet on the call of the cochairpersons, but shall not meet more than monthly.

·          Prohibits the Committee members from receiving compensation but allows them to receive reimbursement of expenses.

·          Requires the Committee to administer and manage the construction and maintenance of the border fence.

Border Security Fund

·          Establishes the Border Security Fund (Fund) consisting of monies collected pursuant to this Act.

·          Specifies that the Fund shall be used for the construction and maintenance of a secure fence along the Arizona-Mexico border line that is located on private property if a landowner consents.

·          Requires the state treasurer to administer the Fund.

·          Makes the monies in the Fund subject to legislative appropriation and exempt from lapsing.

Miscellaneous

·          Makes technical and conforming changes.

 

 

 

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Fiftieth Legislature

First Regular Session  2          March 17, 2011

 

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