SB1083 - 502R - House Bill Summary

House of Representatives

SB 1083

Arizona special missions unit

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

X	Committee on Military Affairs and Public Safety
	Committee on Appropriations
	Caucus and COW
	House Engrossed

Overview

SB 1083 is an emergency measure that establishes the Arizona Special Missions Unit (ASMU) and appropriates $1.4 million each year from the Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) Border Security and Law Enforcement Subaccount (Subaccount) to the ASMU.

History

Arizona Revised Statutes (A.R.S.) § 41-1724 establishes the Subaccount consisting of monies deposited by the state treasurer from an assessment imposed on certain offenses and civil traffic violations, as well as monies appropriated by the Legislature. Monies in the Subaccount are to be used for law enforcement purposes related to border security, including border personnel. According to the Joint Legislative Budget Committee, the Subaccount’s estimated balance for FY 2013 is approximately $2.4 million.

A.R.S. § 13-4315 prescribes the protocols for selling, leasing, or transferring forfeited property to a seizing agency. Under current law, if the property forfeited is money, and a law enforcement agency can identify the monies as being from its investigation, the money is returned to that agency. Additionally, unidentified forfeited monies may be returned to each law enforcement agency that makes a showing of costs or expenses it incurred during its investigation under a court order.

A.R.S. § 41-1758.01 was amended last session by Laws 2011, Chapter 203, 190, 177, and 113. SB 1083 inserts the language from Laws 2011, Chapter 190 that requires the Department of Public Safety’s Fingerprinting Division to conduct fingerprint background checks for persons who own 20% or more of a professional driver training school and are seeking a valid fingerprint card.

Provisions

Arizona Special Missions Unit

· Establishes the ASMU for the purpose of securing the safety and protection of the lives and property of the citizens of Arizona.

· States the intent of the ASMU 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.

· Prescribes the ASMU’s mission as follows:

Ø To support the securing of the Arizona-Mexico border and supplement the efforts of law enforcement and state agencies, including the pursuit, arrest, and detention of persons engaging in cross-border criminal activity.

Ø To support municipal and county leaders in combating international criminal activity.

Ø To respond to natural and manmade disasters.

Ø For search and rescue efforts.

Ø To support community activities.

Ø For other missions directed by the Governor.

ASMU Commander and Personnel

· Requires the Governor to appoint a Commander of the ASMU, subject to Senate confirmation, based on specified qualifications.

· Permits the Commander to appoint commissioned officers, warrant officers, and enlisted personnel.

· Directs the Commander to:

Ø Maintain the ASMU.

Ø Appoint key command and staff positions, but limits the personnel to four full-time equivalent employees.

Ø Investigate and evaluate members of the ASMU.

Ø Promote and establish standard operating procedures, regulations, and other orders and publications to maintain efficient operations.

Ø Maintain and preserve the ASMU records.

Ø Submit specified reports to the Governor, President of the Senate, and Speaker of the House of Representatives.

· Requires the Commander to provide for the recruitment of volunteers from throughout Arizona.

· States a person commissioned or enlisted in the ASMU must:

Ø Be a citizen, or legal resident who has declared intention to become a citizen of the United States (U.S.).

Ø Not have been expelled or dishonorably discharged from any military or naval force of the U.S., Arizona, or another state.

· Requires all members and volunteers of the ASMU to:

Ø Possess a current U.S. passport, birth certificate, Arizona driver license, and, if applicable, a certificate of release or discharge from the U.S. Armed Forces.

Ø Submit a full set of fingerprints to the ASMU.

· States all members and volunteers of the ASMU are subject to oral and written psychological screening, interviews, polygraph testing, and physical testing, as provided by the rules adopted by the Commander.

· Directs the Commander to establish standards and levels of mandatory and optional training for personnel assigned to respective functional programs, including:

Ø Qualifications for applying for and engaging in specialized advanced training programs.

Ø External evaluation of training programs and of the ability of units to accomplish assigned missions.

· Requires ASMU members to take and subscribe to an oath, as provided in the act, at the time of commission or enlistment.

· Clarifies that commission or enlistment in the ASMU does not exempt a person from U.S. military service.

· Permits the Commander to enter into agreements and memoranda of understanding as necessary to clarify the extent and procedures of operation.

· Specifies the ASMU full-time personnel are eligible for compensation at rates established by the Commander.

· Limits the compensation of other ASMU members, subject to appropriation, as follows:

Ø $100 per day of initial training, not to exceed five days.

Ø $100 per day of annual training, not to exceed five days of training exercises per year.

Ø $100 for one day of monthly drills.

· Requires the Commander to adopt rules to govern the administration and organization of the ASMU, and exempts the ASMU from the rulemaking process for this purpose.

· Requires the Commander to submit proposed rules to the Governor, President of the Senate, and Speaker of the House of Representatives for review.

· Stipulates that the proposed rules become effective on the first day of the next month beginning at least 30 days after the next regular session of the Legislature adjourns sine die, unless superseded by legislation enacted in the next regular session.

· Allows the Commander, with the Governor’s approval, to purchase workers’ compensation insurance for ASMU members serving under competent orders of activation or attending training.

· Provides death benefits to the estate of an ASMU member who dies as a result of injury or disability incurred while performing official duties, pursuant to rules adopted by the Commander.

· Grants ASMU members the same immunity afforded to public employees and law enforcement for acts that occur within the scope of a member’s duties that are conducted as a result of a direct order or are consistent with standard operating procedures.

ASMU Operations and Funding

· Designates the ASMU as a seizing agency in cases in which the ASMU participates and cooperates with state or local law enforcement agencies that results in the seizure of property for forfeiture.

· Permits the Commander, with immediate notification to the Governor, to authorize the close continuous pursuit of ongoing cross-border criminal activity.

· Directs the Commander to adopt and implement high standards for maintaining discipline and order.

· Specifies the provisions of the Uniform Code of Military Justice (Code), regulations adopted under the Code, and the manual for the U.S. Courts-Martial that are consistent with state law are adopted as guidelines for the ASMU.

· Appropriates $1.4 million from the Subaccount to the ASMU each fiscal year for training, operations, and maintenance costs.

· Requires the ASMU to submit an annual budget to the Legislature.

· Allows the ASMU to receive additional funding from the Legislature, as well as unconditional gifts, grants, and donations from specified sources.

Miscellaneous

· Authorizes the ASMU to detain and arrest, until a law enforcement agency takes over, in cases of unilateral operations ordered by the Governor.

· Authorizes a municipal chief of police or a county sheriff to request the activation of the ASMU to supplement local law enforcement assets in specifically identified circumstances.

· Exempts the ASMU from the state procurement code.

· Allows the Governor, Adjutant General, and school superintendents to make available National Guard armories, equipment, and other state property to the ASMU on terms prescribed by the Commander.

· States ASMU members are not liable for jury duty while on active duty.

· Prohibits employers from refusing to permit ASMU members to take leaves of absence for the purpose of complying with competent orders for active duty or to attend trainings.

· Specifies that leaves of absence do not affect an employee’s vacation rights, but an employer does not need to consider that time when determining vacation time and pay.

· States that ASMU members will not lose seniority or precedence at their place of employment while under competent orders.

· Specifies that an officer or employee of this state, any department, or any political subdivision of this state who is an ASMU member is entitled to a leave of absence in the same manner as a person who is employed on training duty with any branch, reserve, or auxiliary of the U.S. Armed Forces, or by the National Disaster Medical System.

· Clarifies an officer or employee of this state, any department, or any political subdivision of this state will not be charged with leave for days on which they were not otherwise scheduled for work.

· Classifies violating any leaves of absence protocols as a Class 1 misdemeanor ($2,500/6 months). States violations will be prosecuted in superior court.

· Provides a sunset date for the ASMU of July 1, 2022 and repeals provisions relating to the ASMU on January 1, 2023.

· Makes technical and conforming changes.

· States the purpose of the ASMU is 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.

· Contains an emergency clause.

· ---------- DOCUMENT FOOTER ---------

· Fiftieth Legislature