HB2582 - 472R - House Bill Summary

House of Representatives

HB 2582

immigration enforcement mission; council; appropriations

Sponsors: Representatives Pearce, Barnes, Biggs, Boone, et al

DPA S/E	Committee on Federal Mandates and Property Rights
DPA S/E	Committee on Appropriations (P)
X	Caucus and COW
	As Engrossed and As Passed the House	This bill as introduced contains *an Appropriation clause.*

HB 2582 authorizes peace officers to investigate, apprehend, detain or remove aliens in the United States in the enforcement of immigration laws. The bill establishes the Border Security Council to provide grants to political subdivisions for costs associated with immigration enforcement creates the Border Security Fund and makes appropriations to the Fund along with the Department of Public Safety for immigration enforcement.

Summary of the proposed Appropriations (P) strike-everything amendment to HB 2582:

History

Title 8 of the United States Code (Immigration and Naturalization) regulates immigration into the United States (US). 8 U.S.C. Section 1325 provides penalties for an alien who:

Enters or attempts to enter the US at any time or place other than as designated by immigration officers;
Eludes examination or inspection by immigration officers; or
Attempts to enter/obtains entry into the US by false representation.

8 U.S.C. Section 1357, Subsection (g) allows the Attorney General (AG) to enter into an agreement with a state or political subdivision to allow an officer or employee of the state/political subdivision who the AG has determined is qualified to perform immigration officer functions in relation to the investigation, apprehension or detention of aliens in the US (including transportation of aliens to detention centers). The function must be carried out at the expense of the state/political subdivision to the extent consistent with state and local law. The officer or employee is subject to the direction and supervision of the AG when performing an immigration function and must receive adequate training on the federal law relating to the function performed by the officer/employee. Paragraph 10 provides that nothing in this subsection shall be construed to require an agreement under this subsection in order for any officer or employee of a state or political subdivision to:

(A) Communicate with the AG regarding the immigration status of any individual, including reporting knowledge that a particular alien is not lawfully present in the United States; or

(B) Cooperate with the AG in the identification, apprehension, detention, or removal of aliens not lawfully present in the US.

H.R. 3137, known as the CLEAR Act of 2005, is currently assigned to the House Committee on Judiciary. This piece of legislation states that:

"Notwithstanding any other provision of law and reaffirming the existing inherent authority of States, law enforcement personnel of a State or a political subdivision of a State have the inherent authority of a sovereign entity to investigate, identify, apprehend, arrest, detain, or transfer to Federal custody aliens in the United States (including the transportation of such aliens across State lines to detention centers), for the purposes of assisting in the enforcement of the immigration laws of the United States in the course of carrying out routine duties. This State authority has never been displaced or preempted by the Congress."

Immunity

· Exempts a public employee from liability for:

1. The enforcement of immigration laws.

2. The detention or arrest of any person for immigration law violations or the questioning of any person about the person’s immigration status.

Heading Change

· Changes the heading of Title 41, Chapter 12, Article 1 of Arizona Revised Statute form Definitions to General Provisions.

Federal Immigration Laws and Enforcement

· Authorizes peace officers to investigate, apprehend, detain or remove aliens in the United States, including transporting aliens across state lines to detention centers, in the enforcement of the immigrations laws of the United States.

Border Security Council

· Establishes a Border Security Council that will consist of a total of 11 members who will serve staggered terms of three years and make grants to political subdivision for border security and be made of the following people:

a) The director of DPS or a person designated by the director.

b) One member of the House of Representatives appointed by the Speaker of the House.

c) One member of the Senate appointed by the President of the Senate.

d) One member of the public appointed by the Speaker of the House and one member of the public appointed by the President of the Senate.

e) One municipal law enforcement member who is appointed by the Arizona Association of Chiefs of Police from a southern Arizona border city.

f) Two county law enforcement members who are appointed by the Arizona County Sheriffs Association, one of whom will be from a county with a population of more than 1,500,000 thousand people.

g) One city prosecutor appointed by the Arizona Prosecuting Attorneys Advisory Council.

h) Two county attorneys appointed by the Arizona Prosecuting Attorneys Advisory Council one of whom will be from a county with a population of more than 1,500,000 people.

· Sets the initial terms for the Border Security Council to be as follows:

1. Two terms ending in January 1, 2008.

2. Three terms ending January 1, 2009.

3. Three terms ending January 1, 2010.

· Specifies that the director of DPS of the designee, member of the House of Representatives and member of the Senate shall serve as advisory nonvoting members of the council.

· Stipulates that the voting members of the council will annually elect a chairperson from among the members. A member may serve as chairperson for consecutive terms.

· Prohibits members of the council from being eligible for compensation with the exception of specified members being eligible for reimbursement of expenses.

· Establishes that the Border Security Council will be allowed to use the facilities and staff of DPS and may enter into interagency agreements for council business.

· Designates the Border Security Council to:

1. Make grants from ½ of the monies in the Border Security Fund to counties for temporary and movable detainment facilities and tents for immigration control, including operating and personnel costs for such detainment facilities.

2. Make grants from ½ of the monies in the Border Security Fund to city, town, and county law enforcement agencies, including prosecutors, and county attorneys, that apply for monies for border security personnel, physical barriers and any other immigration enforcement purposes.

3. Receive quarterly reports from the entities receiving grants and evaluate their effectiveness.

4. Submit a written report on a written report on the effectiveness of the grants provided to the Governor, Speaker of the House of Representatives and the President of the Senate and provide a copy to the Secretary of the State and the Director of the Arizona State Library, Archives and Public Records.

· Establishes the Border Security Fund (Fund) that consists of legislative appropriations, gifts, grants, any criminal surcharges for any offense related to immigration control and for FY 2006-2007 through 2010-2011, all assessments received by the State Treasurer and directs the Border Security Council to administer the fund.

· Stipulates that monies in the Fund are continuously appropriated and are exempt from lapsing.

· Directs that on notice from the Border Security Council, the State Treasurer will invest and divest monies in the Fund as directed under ARS §35-313.

· Mandates that monies earned from investments will be credited to the Fund.

· Prohibits the Border Security Fund from being granted to an city, town or county:

1. That has stated or implied sanctuary policy involving any form of aid to illegal immigrants or any reduced enforcement of illegal immigration.

2. That does not either detain or refer all illegal immigrants to appropriate federal agencies.

· Appropriates the following amounts from the state General Fund in fiscal year 2006-2007 for the purposes indicated:

1. $15,000,000 to the Border Security Fund for grants to counties only for incarceration operating expenses, including temporary and movable detainment facilities and tents for immigration control.

2. $15,000,000 to the Border Security Fund for grants to city, town and county law enforcement agencies, city and town prosecutors and county attorneys for border security personnel, physical barriers and other immigration enforcement purposes.

3. $10,000,000 to DPS for the director to expand the existing gang intelligence team enforcement mission into a gang and immigration intelligence team enforcement mission for all existing gang functions, and new functions relating to immigration enforcement, including border security, border personnel, incarceration, including temporary and movable detainment structures and tents, and design and construction or reconstruction to border physical barriers.

4. $10,000,000 to DPS for additional highway patrol officers exclusively for border security.

· Directs the director of DPS will provide quarterly reports to the Joint Legislative Budget Committee beginning October 1, 2006, regarding the use and effectiveness of the monies appropriated.

· Designates that the Department of Administration will send billing invoices to the federal government to recover the amount of the appropriations for deposit in the state General Fund.

· Terminates the Border Security Council on July 1, 2016.

· Repeals Title 41, Chapter 20 on January 1, 2017.

Amendments

Appropriations (P):

· The strike-everything amendment was adopted.

Federal Mandates and Property Rights:

The FMPR Committee proposed strike-everything amendment was adopted with the following provisions:

Immunity

· Exempts a public employee from liability for:

1. The enforcement of immigration laws.

2. The detention or arrest of any person for immigration law violations or the questioning of any person about the person’s immigration status.

Trespassing

· Specifies that it is unlawful for a person who is a citizen of any country other than the US to enter into or be on any public or private land in this state if the person is in violation of 8 U.S.C. §§1323, 1324, 1325, 1326, or 1328.

· Requires the arresting authority to fingerprint a person arrested for entering into or being on any public or private land, in violation of 8 U.S.C. §§1323, 1324, 1325, 1326, or 1328 and to transmit the fingerprints to DPS.

· Allows discretion by the arresting authority for an arrested person entering public or private land, in violation of 8 U.S.C. §§1323, 1324, 1325, 1326, or 1328 as to whether the person be deported to the person’s country of origin, transferred to the federal agency with jurisdiction or referred for prosecution.

· Creates the crime of trespassing if a person has entered this state and found to be in violation of 8 U.S.C. §§1323, 1324, 1325, 1326, or 1328 and makes a first offense a Class 1 misdemeanor and any subsequent violations a Class 4 felony.

Heading Change

· Changes the heading of Title 41, Chapter 12, Article 1 of Arizona Revised Statute form Definitions to General Provisions.

Federal Immigration Laws and Enforcement

Arizona Rangers

· Stipulates that the Arizona Rangers may be included as a part of the Department of Public Safety Reserve if the group designated is organized as a nonprofit organization in this state. The director may use the Arizona Rangers to assist the Department in the enforcement of the immigration laws of the United States.

· Specifies that while on duty, the Arizona Rangers will be deemed state employees for the purpose of securing workers’ compensation.

· Establishes that monies in the Arizona Highway Patrol Fund will be used to administer the provisions of law relating to the Arizona Rangers and all matters pertaining to those laws.

Border Security Council

i) The director of DPS or a person designated by the director.

j) One member of the House of Representatives appointed by the Speaker of the House.

k) One member of the Senate appointed by the President of the Senate.

l) One member of the public appointed by the Speaker of the House and one member of the public appointed by the President of the Senate.

m) One municipal law enforcement member who is appointed by the Arizona Association of Chiefs of Police from a southern Arizona border city.

n) Two county law enforcement members who are appointed by the Arizona County Sheriffs Association, one of whom will be from a county with a population of more than 1,500,000 thousand people.

o) One city prosecutor appointed by the Arizona Prosecuting Attorneys Advisory Council.

p) Two county attorneys appointed by the Arizona Prosecuting Attorneys Advisory Council one of whom will be from a county with a population of more than 1,500,000 people.

· Sets the initial terms for the Border Security Council to be as follows:

1. Two terms ending in January 1, 2008.

2. Three terms ending January 1, 2009.

3. Three terms ending January 1, 2010.

· Specifies that the director of DPS of the designee, member of the House of Representatives and member of the Senate shall serve as advisory nonvoting members of the council.

· Stipulates that the voting members of the council will annually elect a chairperson from among the members. A member may serve as chairperson for consecutive terms.

· Prohibits members of the council from being eligible for compensation with the exception of specified members being eligible for reimbursement of expenses.

· Establishes that the Border Security Council will be allowed to use the facilities and staff of DPS and may enter into interagency agreements for council business.

· Designates the Border Security Council to:

5. Make grants from ½ of the monies in the Border Security Fund to counties for temporary and movable detainment facilities and tents for immigration control, including operating and personnel costs for such detainment facilities.

6. Make grants from ½ of the monies in the Border Security Fund to city, town, and county law enforcement agencies, including prosecutors, and county attorneys, that apply for monies for border security personnel, physical barriers and any other immigration enforcement purposes.

7. Receive quarterly reports from the entities receiving grants and evaluate their effectiveness.

8. Submit a written report on a written report on the effectiveness of the grants provided to the Governor, Speaker of the House of Representatives and the President of the Senate and provide a copy to the Secretary of the State and the Director of the Arizona State Library, Archives and Public Records.

· Stipulates that monies in the Fund are continuously appropriated and are exempt from lapsing.

· Directs that on notice from the Border Security Council, the State Treasurer will invest and divest monies in the Fund as directed under ARS §35-313.

· Mandates that monies earned from investments will be credited to the Fund.

· Prohibits the Border Security Fund from being granted to an city, town or county:

3. That has stated or implied sanctuary policy involving any form of aid to illegal immigrants or any reduced enforcement of illegal immigration.

4. That does not either detain or refer all illegal immigrants to appropriate federal agencies.

· Appropriates the following amounts from the state General Fund in fiscal year 2006-2007 for the purposes indicated:

5. $15,000,000 to the Border Security Fund for grants to counties only for incarceration operating expenses, including temporary and movable detainment facilities and tents for immigration control.

6. $15,000,000 to the Border Security Fund for grants to city, town and county law enforcement agencies, city and town prosecutors and county attorneys for border security personnel, physical barriers and other immigration enforcement purposes.

7. $10,000,000 to DPS for the director to expand the existing gang intelligence team enforcement mission into a gang and immigration intelligence team enforcement mission for all existing gang functions, and new functions relating to immigration enforcement, including border security, border personnel, incarceration, including temporary and movable detainment structures and tents, and design and construction or reconstruction to border physical barriers.

8. $10,000,000 to DPS for additional highway patrol officers exclusively for border security.