SB1468 - 531R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 1, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 1-272, to read:

START_STATUTE1-272. Sovereign authority; refugee resettlement program; suspension; withdrawal; civil penalties; definitions

A. Pursuant to the sovereign authority of this state and article II, section 3, Constitution of Arizona, this state and all political subdivisions of this state are prohibited from using any personnel or financial resources to enforce, administer or cooperate with the refugee resettlement program, except as otherwise provided in this section.

B. not later than the second business day after the effective date of this section, the director of the department of ECOnomIC security shall notify the director of the office of refugee resettlement of the United States department of health and human services that, pursuant to 45 Code of Federal regulations section 400.301, this state suspends its participation in the refugee resettlement program. The suspension remains in effect until this STATE reviews and evaluates the costs and security implications of the refugee resettlement program and passes a bill pursuant to article IV, part 2 and article V, section 7, Constitution of Arizona, that either:

1. authorizes this state to resume participation in the refugee resettlement program.

2. Requires this state to permanently withdraw from participation in the refugee resettlement program.

C. During the period of suspension or withdrawal from the refugee resettlement program pursuant to subsection B of this section, each charity or other entity that participates in the refugee resettlement program in this State for compensation shall:

1. immediately cease all refugee resettlement activities into or affecting this State.

2. File a report with the department of economic security Not later than fifteen business days after the suspension or withdrawal that contains a statement describing the efforts made by the charity or other entity to comply with this section and the number of refugees affected by the suspension or withdrawal.

D. If a charity or other entity does not cease all refugee resettlement activities into or affecting this State pursuant to subsection C of this section, the department of health services shall impose a civil penalty of one THOUSAND dollars per day per refugee for each refugee placed in this state by the charity or other entity. The charity or other entity shall REIMBURSE this state or its political subdivisions for any costs of arrest, PROSECUTION or incarceration for any refugee who is placed in this STATE by the charity or other entity in violation of subsection C of this section and who commits a crime in this state. This state, its political subdivisions and the victim of a criminal act committed by a refugee placed in this state in violation of subsection C of this section may bring an action against the charity or other entity to recover damages proximately caused by the criminal act.

E. If this state permanently withdraws from participation in the refugee resettlement program pursuant to this section, this state may enact a State‑administered program that adequately addresses the costs and security concerns identified PURSUANT to the review and evaluation required by subsection B of this section.

F. For the purposes of this section:

1. "Refugee" means a person who is admitted into this state pursuant to the refugee resettlement program.

2. "Refugee resettlement program" means the program established pursuant to 45 code of federal regulations part 400. END_STATUTE

Sec. 2. Refugee resettlement program; auditor general; report; delayed repeal; definitions

A. On or before October 27, 2017, the auditor general shall prepare and submit a report to the president of the senate and the speaker of the house of representatives that contains the following information for the ten immediately preceding calendar years:

1. The total number of refugees who entered this state, categorized by country of origin and the specific category of persecution claim that served as the legal basis in support of the refugee status. The report shall identify the nature and source of any claim of religious persecution that served as the legal basis in support of the refugee status. The report shall identify whether the refugee entered this state after previously participating in the refugee resettlement program in another state.

2. The percentage of refugees who received program benefits and the average duration of time the refugees received the program benefits.

3. The annual cost to this state and its political subdivisions for program benefits and other publicly funded services or assistance received by the refugees.

4. The number and percentage of refugees who received program benefits one, three, five and ten years after being admitted to this state.

5. The number of refugees who paid Arizona income tax or Arizona employment tax during the first year after being admitted to this state.

6. The annual total and per refugee amounts paid by the federal government to charities in this state participating in the refugee resettlement program in this state.

7. The annual total and per refugee amounts paid directly and indirectly by charities in this state to refugees participating in the refugee resettlement program in this state, including the actual number of months or years the refugees receive the amounts.

8. For each year, the number and percentage of refugees identified pursuant to paragraph 1 of this subsection who remain in this state.

9. The general role of this state in conducting or otherwise participating in the background check and vetting process of refugee prospects seeking admission into this state to ensure that terrorists or potential terrorists do not enter this state.

10. The general level of coordination between the office of refugee resettlement of the United States department of health and human services and this state, including:

(a) The notification process of available refugee prospects.

(b) The number of refugee prospects that this state chooses to accept based on available resources and budgetary considerations.

(d) The nature and extent of background information provided to this state.

(e) This state's ability to reject any refugee prospect for any reason and the finality of that rejection.

(f) The allocation of refugees approved by this state to the cities or towns identified by this state for resettlement purposes to ensure that cities and towns can accommodate additional refugees.

B. This section is repealed from and after December 31, 2019.

C. For the purposes of this section:

1. "Program benefit" means any of the following provided pursuant to the refugee resettlement program:

(a) Refugee cash assistance.

(b) Refugee medical assistance.

(d) Refugee behavioral health services.

(e) Case management and employment services.

(f) Services pursuant to the unaccompanied refugee minors program.

(g) Services pursuant to the program to serve Cuban and Haitian refugees and entrants.

(h) Services to older refugees.

(i) Refugee school impact services.

(j) Services pursuant to the AmeriCorps VISTA program.

(k) Temporary medical, dental or vision insurance coverage.

(l) Assistance to victims of torture.

(m) Assistance to victims of human trafficking.

2. "Refugee" means a person who is admitted into this state pursuant to the refugee resettlement program.

3. "Refugee resettlement program" means the program established pursuant to 45 Code of Federal Regulations part 400.

Sec. 3. Intent; short title

A. The legislature intends, at a minimum, to suspend the placement of all incoming refugees to this state through the refugee resettlement program to protect the sovereignty of this state.

B. This act may be cited as the "Arizona Resettlement Accountability National Security Act of 2017".