 |
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
residential
property; transient occupant; remedies
(NOW: Pacific conflict; assessment)
As passed by the Senate, S.B. 1638 established a process for a property owner to remove a transient occupant from the property owner's residential property and deemed that a person who fails to comply with the direction of law enforcement to leave the property is violating criminal trespass in the first degree.
The House of Representatives adopted a strike-everything amendment that does the following:
Purpose
Requires the Department of Emergency and Military Affairs (DEMA), to the extent possible, to: 1) identify any threats posed to Arizona in the event of a Pacific conflict; 2) complete a comprehensive risk assessment, including all vulnerabilities and recommendations for emergency response strategies for outlined areas; and 3) provide mitigation strategies and suggestions to limit or eliminate the risk posed to critical infrastructure and other assets as well as the safety and security of Arizona or the United States. Requires DEMA, by December 31 of each year, to conduct an annual briefing before the Governor and the Legislature.
Background
The Adjutant General serves as the head of DEMA and, except for the authority expressly reserved for the Governor, is responsible for emergency management and all emergency activities. The Adjutant General also acts as the military chief of staff to the Governor as well as the commanding general of all branches of the militia and must: 1) coordinate the functions of the divisions and offices of DEMA; 2) adopt, with the approval of the Governor, rules necessary for operating DEMA and for organizing, governing, arming, equipping, instructing and compensating the National Guard and authorized employees; and 3) annually submit to the Governor and the Legislature by September 1 a report for the preceding fiscal year that includes the strength and condition of the National Guard as well as other prescribed requirements (A.R.S. § 26-102).
The Department of Public Safety (DPS) operates the statewide critical infrastructure information system and makes critical infrastructure information available to all state, local, federal and tribal law enforcement agencies, DEMA, public health organizations, the Arizona Department of Agriculture, the Department of Health Services, fire departments and other organizations, as necessary to safeguard personnel and property in Arizona. The critical infrastructure information program is implemented based on the state-wide assessment of threat and vulnerability by the Arizona Counterterrorism Information Center (ACTIC) under DPS.
DPS also coordinates the critical infrastructure information program that is implemented based on the statewide assessment of threat and vulnerability by ACTIC. DPS must implement state of the art technologies to address as many critical infrastructure facilities in Arizona as funding allows (A.R.S. §§ 41-1802 and 41-1803).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires DEMA, to the extent possible, to:
a) identify any threats posed to Arizona in the event of a Pacific conflict;
b) complete a comprehensive risk assessment, including all vulnerabilities and recommendations for emergency response strategies, for all of the following areas:
i. critical infrastructure;
ii. telecommunications infrastructure;
iii. military installations located within Arizona;
iv. the state supply chain and vendor supply chain for critical procurements;
v. state cybersecurity; and
vi. public health, safety and security in Arizona; and
c) provide mitigation strategies and suggestions to limit or eliminate the risk posed to all of the following in the event of a Pacific conflict:
i. critical infrastructure and other assets; and
ii. the safety and security of Arizona or the United States.
2. Requires DEMA, on or before December 31 of each year, to conduct an annual briefing before the Governor, or the Governor's designee, the President of the Senate, or the President's designee and the Speaker of the House of Representatives or the Speaker's designee.
4. Requires agencies in Arizona to cooperate with DEMA in carrying out the outlined requirements relating to the comprehensive risk assessment.
5. Exempts DEMA from statutory requirements relating to public meetings and proceedings and certain public records laws for the purpose of conducting the comprehensive risk assessment.
6. States that it is the policy of Arizona to:
a) support the civilian and military command of the United States and its efforts to promote and maintain prosperity, peace and security for the United States and U.S. allies;
b) enhance the defensive posture of Arizona to protect the citizens and assets of Arizona and to contribute to the defensive posture of the United States by reducing security vulnerabilities within Arizona; and
c) exercise foresight and make reasonable preparations for a potential regional or global conflict centered in the Pacific that could:
i. involve attacks on the United States and U.S. allies in the Pacific;
ii. involve asymmetrical attacks on the United States; and
iii. cause the disruption or complete severing of supply chains between Arizona, its vendors and other countries in the Pacific.
7. Specifies that critical infrastructure:
a) means systems and assets, whether physical or virtual, that are so vital to Arizona and the United States that the incapacity or destruction of those systems and assets would have a debilitating impact on security, economic security, public health or safety; and
b) includes:
i. gas and oil production, storage or delivery systems;
ii. water supply refinement, storage or delivery systems;
iii. electrical power delivery systems;
iv. telecommunications networks;
v. transportation systems and services; and
vi. personal data or otherwise classified information storage systems, including cybersecurity.
8. Specifies that Pacific conflict:
a) means a declared war or armed conflict between the United States or any of the allies of the United States and another nation that occurs on land or sea or in the air in the Pacific Ocean and threatens or could reasonably escalate to threaten the supply chains, critical infrastructure, safety or security of Arizona or the United States; and
b) includes a serious deterioration of diplomatic ties or economic engagement between the United States or the allies of the United States and another nation that threatens the status quo of Pacific trade, travel and military operations or exercises.
9. Defines state supply chain as the end-to-end process for shipping goods, purchased by Arizona or shipped to Arizona, beginning at the point of origin through a point or points of distribution to the destination.
10. Defines state vendor supply chain as the end-to-end process for shipping goods, purchased by Arizona from state vendors or shipped to the vendors, beginning at the point of origin through a point or points of distribution to the destination.
11. Designates this legislation as the Pacific Conflict Stress Test Act.
12. Repeals the outlined requirements relating to DEMA's risk assessment and annual briefing on January 1, 2029.
13. Makes conforming changes.
14. Becomes effective on the general effective date.
Amendments Adopted by the House of Representatives
· Adopted the strike everything amendment relating to Pacific conflict.
House Action
JUD 3/20/24 DPA/SE 6-3-0-0
3rd Read 6/4/24 45-15-0
Prepared by Senate Research
June 7, 2024
ZD/SB/cs