HB2140 - 552R

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

Section 1. Section 22-136, Arizona Revised Statutes, is amended to read:

START_STATUTE22-136. Constable ethics standards and training board

A. A The constable ethics standards and training board is established consisting of the following voting members:

1. One constable who is from a county with a population of less than one million persons and who is appointed by a statewide constables association established prior to before January 1, 2010.

2. One constable who is from a county with a population of one million or more persons and who is appointed by a statewide constables association established prior to before January 1, 2010.

3. One justice of the peace who is appointed by the chief justice of the supreme court.

4. One county administrator or designee who is appointed by the county supervisors association.

5. The director of the Arizona peace officer standards and training board or the director's designee.

6. One member of the public who represents a federally recognized native american tribe and who is appointed by the governor.

7. One member who is a board member of the Arizona multihousing association at the time of appointment and who is appointed by the governor.

B. The board shall annually elect a chairperson, vice-chairperson vice chairperson and secretary from among its members. The chairperson may establish committees to assist and advise the board in carrying out its responsibilities. A majority of the board constitutes a quorum and a majority vote of the quorum is necessary for the board to take any action.

C. Terms of the board members are four years. If a member ceases to hold the position that qualified the member for the appointment, the member's membership terminates and the appointing authority pursuant to subsection A of this section fills the vacancy for the unexpired term.

D. Members of the board are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. END_STATUTE

Sec. 2. Section 41-1821, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1821. Arizona peace officer standards and training board; membership; appointment; term; vacancies; meetings; compensation; acceptance of grants

A. The Arizona peace officer standards and training board is established and consists of thirteen members appointed by the governor. The membership shall include:

1. Two sheriffs, one of whom is appointed from a county having a population of two hundred thousand or more persons and the remaining sheriff who is appointed from a county having a population of less than two hundred thousand persons.

2. Two chiefs of police, one of whom is appointed from a city or federally recognized Native American tribe having a population of sixty thousand or more persons and the remaining chief who is appointed from a city or federally recognized Native American tribe having a population of less than sixty thousand persons.

3. A college faculty member in public administration or a related field.

4. The attorney general.

5. The director of the department of public safety.

6. The director of the state department of corrections.

7. One member who is employed in administering county or municipal correctional facilities.

8. Two certified law enforcement officers who have knowledge of and experience in representing peace officers in disciplinary cases. One of the certified law enforcement officers must have a rank of officer and the other must have a rank of deputy. One of the appointed officers must be from a county with a population of less than five hundred thousand persons.

9. Two One public members member.

10. ONe member who represents a federally recognized native american tribe.

B. Before appointment by the governor, a prospective member of the board shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

C. The governor shall appoint a chairman from among the members at its first meeting and every year thereafter, except that an ex officio member shall not be appointed chairman. The governor shall not appoint more than one member from the same law enforcement agency. No board member who was qualified when appointed becomes disqualified unless the member ceases to hold the office that qualified the member for appointment.

D. Meetings shall be held at least quarterly or on the call of the chairman or by the written request of five members of the board or by the governor. A vacancy on the board shall occur when a member except an ex officio member is absent without the permission of the chairman from three consecutive meetings. The governor may remove a member except an ex officio member for cause.

E. The term of each regular member is three years unless a member vacates the public office that qualified the member for this appointment.

F. The board members are not eligible to receive per diem but are eligible to receive reimbursement for travel expenses pursuant to title 38, chapter 4, article 2.

G. On behalf of the board, the executive director may seek and accept contributions, grants, gifts, donations, services or other financial assistance from any individual, association, corporation or other organization having an interest in police training, and from the United States of America and any of its agencies or instrumentalities, corporate or otherwise. Only the executive director of the board may seek monies pursuant to this subsection. Such monies shall be deposited in the fund created by section 41-1825.

H. Membership on the board shall not constitute the holding of an office, and members of the board shall not be required to take and file oaths of office before serving on the board. No member of the board shall be disqualified from holding any public office or employment nor shall such member forfeit any such office or employment by reason of such member's appointment, notwithstanding the provisions of any general, special or local law, ordinance or city charter. END_STATUTE

Sec. 3. Section 41-2404, Arizona Revised Statutes, is amended to read:

START_STATUTE41-2404. Arizona criminal justice commission; members; compensation; terms; meetings

A. The Arizona criminal justice commission is established consisting of the following members:

1. The attorney general or the attorney general's designee.

2. The director of the department of public safety or the director's designee.

3. The director of the state department of corrections or the director's designee.

4. Fourteen members who are appointed by the governor or their designees. No Not more than seven of these members may be from the same political party.

5. The administrative director of the courts or the director's designee.

6. The chairman of the board of executive clemency or the chairman's designee.

B. The members who are appointed pursuant to subsection A, paragraph 4 of this section shall include at least one police chief, one county attorney and one county sheriff from a county with a population of one million five hundred thousand or more persons, one police chief, one county attorney and one county sheriff from a county with a population equal to or greater than eight hundred thousand persons but fewer than one million five hundred thousand persons and one police chief, one county attorney and one county sheriff from counties with a population of fewer than eight hundred thousand persons. The remaining members shall include one law enforcement leader, one former judge, one mayor, one member of a county board of supervisors and one chief probation officer. In addition to the requirements of this subsection, At least one member who is appointed pursuant to Subsection A, paragraph 4 of this section must also be a member of an Arizona indian tribe.

C. Members who are appointed pursuant to subsection A, paragraph 4 of this section shall serve for terms of two years terminating on the convening of the first regular session of the legislature. Any appointive member who ceases to be a member of the body the member represents on the commission is deemed to have resigned. Appointments to fill a vacancy shall be made in the same manner as the original appointment.

D. The commission shall meet and organize by electing from among its membership such officers as are deemed necessary or advisable. The commission shall meet at least once during each calendar quarter and additionally as the chairman deems necessary, and a majority of the members constitutes a quorum for the transaction of business.

E. Members of the commission are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. END_STATUTE

Sec. 4. Retention of members

Notwithstanding sections 22-136, 41-1821 and 41-2404, Arizona Revised Statutes, as amended by this act, all persons serving on a board or commission included in this act on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.