ARIZONA STATE SENATE
Forty-seventh Legislature, Second Regular Session
FINAL AMENDED
FACT SHEET FOR S.B. 1264
claims adjustment; technical correction
(NOW: Arizona department of homeland security)
Purpose
Establishes the Arizona Department of Homeland Security (DHLS), the DHLS Coordinating Council, five DHLS regional advisory councils and the Joint Legislative Committee on Homeland Security. Specifies duties of each organization.
Background
The Arizona Office of Homeland Security (OHS) was established in 2003 at the direction of Governor Napolitano. The stated goal of OHS is to enhance the ability of the state to prevent and respond to acts of terrorism and other disasters. Many local, state, tribal and federal agencies participate in homeland security activities in Arizona, and many of those agencies receive homeland security grants. The Arizona Department of Emergency and Military Affairs (DEMA) currently serves as the state administering agency for homeland security funds. DEMA receives homeland security grants from the U.S. Department of Homeland Security (USDHS), which it redistributes to agencies or governments based on allocations made by OHS. The total amount available for USDHS grants is established by Congress each year during the budget process.
As part of the 2006 Strategic Program Area Review (SPAR) for homeland security, staff of the Joint Legislative Budget Committee (JLBC) and the Governor’s Office of Strategic Planning and Budgeting (OSPB) completed a report that includes findings and recommendations about the homeland security program. The President of the Senate assigned the SPAR to the Senate Government Accountability and Reform (GAR) Committee, in addition to the Appropriations Committee. The GAR Committee held a public hearing on the homeland security SPAR on February 15, 2006. The GAR Committee recommended to the Appropriations Committee that the current OHS be eliminated and that legislation be immediately introduced to reestablish OHS in statute. The GAR Committee also recommended that, in the process of reestablishment, the Legislature take into consideration the recommendations presented by JLBC and OSPB in the SPAR report, and that Senate confirmation be required for the position of Director of OHS.
S.B. 1264 creates DHLS. DHLS is required to receive all monies appropriated or granted to Arizona by the federal government for homeland security purposes. No state appropriation is authorized for DHLS in this legislation; however, DHLS is not prohibited from requesting future or supplementary state funding.
Provisions
DHLS Director and Employees
1. Establishes DHLS and gives responsibility for the direction, operation and control of DHLS to the Director of DHLS (DHLS Director).
2. Requires the Governor to appoint the DHLS Director, subject to Senate confirmation, to administer DHLS. The DHLS Director serves at the pleasure of the Governor and is entitled to receive compensation.
3. Requires the DHLS Director to have background or experience in public administration, disaster response, law enforcement or business administration to be eligible for appointment.
4. Requires the DHLS Director to appoint a Deputy Director and allows, subject to legislative appropriation, the DHLS Director to appoint Assistant Directors.
5. Exempts the DHLS Director and Deputy Director from the state merit system.
6. Allows the DHLS Director to organize DHLS into divisions.
7. Requires the DHLS Director to employ, determine the conditions of employment and specify the duties of any administrative, secretarial and clerical employees the DHLS Director deems necessary, subject to the requirements of the state merit system.
DHLS Powers and Duties
8. Requires DHLS to formulate policies, plans and programs to enhance the ability of Arizona to prevent and respond to acts of terrorism and other critical hazards, including developing a statewide homeland security strategy (SHSS).
9. Requires DHLS to request appropriations or grants for homeland security and to provide the list of requests to the DHLS Coordinating Council.
10. Requires DHLS to receive all monies appropriated or granted to Arizona by the federal government for homeland security purposes and distribute the monies to local jurisdictions and other organizations based on criteria contained in the SHSS and federal grant guidelines.
11. Directs DHLS to coordinate with other state and federal agencies to publish a guide for grantees that receive homeland security monies. The guide must ensure that monies are coordinated across all levels of government, that grants are not duplicated and that security gaps in every level of government are eliminated.
12. Instructs DHLS to conduct preparedness training exercises to put state disaster plans into practice and identify shortcomings in the plans.
13. Requires DHLS to assist in the development of regional response plans, including collaborative efforts with other states, and to partner with the private sector in preparedness efforts.
Joint Legislative Committee on Homeland Security
14. Establishes the Joint Legislative Committee on Homeland Security (JLCHLS) consisting of five members of the Senate and five members of the House of Representatives, with one member from each house of the Legislature designated as cochair.
15. Requires the JLCHLS to meet at least annually to review grant allocations and expenditures reported by DHLS, but prohibits the JLCHLS from meeting more than ten times each year unless the President of the Senate and the Speaker of the House of Representatives agree to additional meetings.
16. Gives the JLCHLS access to all homeland security grant information on request of a cochair or a majority vote of the JLCHLS.
17. Requires the JLCHLS to provide a forum for persons to express their concerns about state homeland security programs, and to make administrative and legislative recommendations concerning homeland security issues.
18. Grants the JLCHLS the authority conferred by law on legislative committees, allows the JLCHLS to use the services of legislative staff and provides that JLCHLS members are reimbursed by their respective houses of the Legislature in the same manner as a legislator who attends a standing committee meeting.
DHLS Allocations and Expenditures Report
19. Requires DHLS and the Department of Health Services to annually report, by September 1, on homeland security allocations and expenditures to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Chairpersons of the Senate and House Appropriations committees, the staff and Cochairpersons of the Joint Legislative Budget Committee and the JLCHLS.
20. Instructs the DHLS Director to provide a copy of the annual report to the Secretary of State and the Director of the Arizona State Library, Archives and Public Records, and allows DHLS to redact sensitive information in the report if necessary.
21. Requires the annual report to include each project that was awarded funding for the current year, expenditures for each local and state project award and for administrative purposes, a narrative description and the goals of each state project awarded funding, the progress made on each project since the last report, project awards and expenditures from prior years beginning with FY 2001-2002 and a detailed plan on how homeland security efforts will be continued in the event of decreased federal funding.
DHLS Coordinating Council
22. Establishes the 25-member DHLS Coordinating Council (Council), consisting of legislators, agency directors, law enforcement and emergency management personnel and representatives of local and tribal governments.
23. Requires the Council to receive requests for state homeland security grant program monies, receive from the DHLS Director the amount of homeland security appropriations or grants to Arizona by the federal government and the Director’s allocation of these monies, and provide advice to the DHLS Director regarding homeland security issues.
24. Makes members of the Council eligible for reimbursement of expenses, but ineligible for compensation.
25. Requires the Council to elect a chairperson and vice-chairperson and to meet at least quarterly and on the call of the chairperson.
DHLS Regional Advisory Councils
26. Establishes five DHLS regional advisory councils (RACs) in the north, east, south, west and central regions of Arizona and specifies boundaries for each RAC.
27. Specifies that each RAC consists of 12 members appointed by the Governor based on the recommendation of the Council. RAC members represent local government officials, law enforcement, other emergency management personnel and members of the public.
28. Requires each RAC to develop and implement regional homeland security strategies, assist in implementation of Arizona’s comprehensive statewide risk assessment, request state homeland security grant program monies and recommend allocation of these monies to eligible jurisdictions and other organizations.
29. Requires each RAC to collaborate with other RACS and support an integrated regional approach to homeland security.
30. Makes members of the RACs eligible for reimbursement of expenses, but ineligible for compensation.
Miscellaneous
31. Sunsets DHLS on July 1, 2016.
32. Repeals DHLS statutes on January 1, 2017.
33. Contains a purpose statement.
34. Defines terms.
35. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Adopted the strike everything amendment.
Amendments Adopted by Committee of the Whole
1. Establishes the JLCHLS, specifies membership and duties and grants the authority of legislative committees to the JLCHLS.
2. Expands the information DHLS must include in the annual report and the persons who receive a copy of the annual report, and requires the Department of Health Services to participate in preparing the annual report.
3. Changes the due date for the DHLS annual report from December 1, to September 1.
Amendments Adopted by House of Representatives
1. Removes the appropriation of federal homeland security monies.
2. Modifies the duties of DHLS to include requesting appropriations or grants for homeland security and providing to the Council the list of appropriations or grants requested from the federal government.
3. Establishes the 25-member Council instead of the DHLS Advisory Commission and specifies membership and duties of the Council.
4. Establishes five DHLS RACs and specifies membership and duties of the RACs.
Senate Action House Action
APPROP 2/22/06 DPA/SE 9-0-2-0 FMPR 3/27/06 DPA 4-2-0-0
3rd Read 3/6/06 28-1-1-0 APPROP (P) 4/5/06 DP 8-5-0-2
Final Read 6/5/06 22-2-6-0 3rd Read 5/25/06 48-9-3-0
Signed by the Governor 6/13/06
Chapter 317
Prepared by Senate Research
July 5, 2006
KM/jas