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ARIZONA STATE SENATE

Fifty-Sixth Legislature, Second Regular Session

 

FACT SHEET FOR H.C.R. 2038

 

drug cartels; terrorist organizations

Purpose

Declares drug cartels as terrorist organizations and requires the Arizona Department of Homeland Security (AZDOHS) to do everything within its authority to address the threat posed by drug cartels.

Background

AZDOHS must formulate policies, plans and programs to enhance the ability of the State of Arizona to prevent and respond to acts of terrorism, cybersecurity threats and other critical hazards (A.R.S. § 41-4254). Terrorism means any felony, including any completed or preparatory offense, that involves the use of a deadly weapon or a weapon of mass destruction, or the intentional or knowing infliction of serious physical injury with the intent to do any of the following: 1) influence the policy or affect the conduct of the State of Arizona or any of the political subdivisions, agencies or instrumentalities of Arizona; 2) cause substantial damage to or substantial interruption of public communications, communication service providers, public transportation, common carriers, public utilities, public establishments or other public services; 3) intimidate or coerce a civilian population; or 4) further the goals, desires, aims, public pronouncements, manifestos or political objectives of any terrorist organization. Terrorist organization means any organization that is designated by the U.S. Department of State as a foreign terrorist organization under section 219 of the federal Immigration and Nationality Act (A.R.S. § 13-2301)

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Declares drug cartels as terrorist organizations.

2.   Requires AZDOHS to do everything within its authority to address the threat posed by drug cartels.

3.   Prohibits this legislation from being used to support an alien's claim for asylum under federal law.

4.   Defines drug cartel as an ongoing formal or informal association of persons in which members or associates individually or collectively engage in unlawful human smuggling, drug trafficking for profit or any act of terrorism as statutorily prescribed.

5.   Defines threat as anything designed to disturb, violate or cause harm to individual rights guaranteed under the state and federal constitutions or to the public safety, health or general welfare of the people.

6.   Requires the Secretary of State to submit the proposition to the voters at the next general election.

7.   Becomes effective if approved by the voters and on proclamation of the Governor.

House Action

GOV               2/15/24      DPA             8-0-0-1

3rd Read          2/28/24                           31-28-0-0-1

Prepared by Senate Research

March 11, 2024

ZD/KK/cs