Arizona House of
Representatives
House Majority Research
MEMORANDUM
René Guillen 1700 W. Washington
Committee Analyst, Banking & Insurance Phoenix, AZ 85007-2848
and Water and Energy
(602) 542-3072 FAX (602) 417-3096
To: Rep. Nichols
cc: Steve Moortel
Re: HB 2162 (NOW: immigration; border security)
Date: April 29, 2010
HB 2162 was amended in the Senate with a strike-everything amendment and has passed on Third Read 18-11-1. Since this bill has appeared on Blue Sheet #9 for your concurrence or refusal, I would like to give you an overview of the Senate amendments.
House Engrossed
As passed by the House, HB 2162 establishes a new individual and corporate income tax credit for research and development, production, and delivery system costs associated with solar liquid fuel for TY 2011 through TY 2026.
Senate Amendments
The Senate Appropriations Committee adopted a strike-everything amendment establishing the 18-member Arizona Border Security Commission (Commission).
Arizona Border Security Commission
· Prescribes Commission membership and states that members are not eligible for compensation but are eligible for reimbursement of expenses pursuant to statute.
· Requires the Commission to meet monthly and:
Ø Report on the status of the United States and Mexico border.
Ø Analyze border crossing statistics and related crime statistics.
Ø Recommend methods and procedures to increase border security.
Ø Recommend the establishment of 12 forward operating bases (FOBs) along the United States-Mexico border, prescribe locations for these bases and urge the federal government and New Mexico to establish additional FOBs.
Ø Recommend the following to the appropriate federal authority:
§ Immediate deployment of operational units of the United States military to the United States-Mexico border in Arizona.
§ Deployment of an additional 3,000 border patrol agents in Arizona on or before December 21, 2011.
§ Expediting the deployment of new generation digital radio technology to border patrol agents in Arizona and New Mexico on or before December 31, 2010.
§ Substantial increases in certain classes of border patrol surveillance units in Arizona along the United States-Mexico border including operational personnel.
Ø Urge the governor to deploy Arizona National Guard Units along the United-States Mexico border.
Ø Analyze and report on the fraudulent procurement of public benefits by illegal aliens in Arizona.
· Allows the Commission to use the services of legislative staff as required.
· Requires the submission of a written report of Commission findings and recommendations on or before October 1, 2010 and each month thereafter to the President of the Senate, the Speaker of the House of Representatives and the Secretary of State.
Appropriation & Pilot Program
· Distributes $200,000 from the monies appropriated to the Department of Public Safety (DPS) for the Gang and Immigration Intelligence Team Enforcement Missions (GIITEM) in Fiscal Year 2010-11 to the Cochise County Sheriff’s Office for border security.
· Further states that the GIITEM transfer of $200,000 shall be used for the costs of equipment related to a pilot program to dispatch a volunteer security force to the United States-Mexico border.
· Requires the Director of DPS to use GIITEM monies for the purpose of directing DPS officers to Cochise County for to secure the United States-Mexico border or to establish a pilot program for this purpose.
Miscellaneous
· Contains a repeal date of December 31, 2014 for the Commission.
· Requires that in court actions regarding the violation of the proper disbursement of federal, state and local public benefits, the prevailing party be awarded reasonable attorney fees.
· Modifies the definition of state or local public benefit.
HB 2162 was additionally amended on the floor to make the following changes to SB 1070 – NOW: safe neighborhoods; immigration; law enforcement.
· Strikes “or practice” to limit actions that may be brought by AZ residents to policies against entities that have adopted or implemented a policy that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law.
· Reduces the minimum civil penalty that the court must order an entity to pay from $1,000 to $500 if there is a judicial finding that an entity has adopted or implemented a policy that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law.
Conference Committee Amendment
· Inserts the original definition of state or local public benefit, but retains the exclusion of services widely available to the general population as a whole.
· Rewords the provision relating to the awarding of attorney fees.
Arizona Border Security Commission
· Renames the Commission to the Joint Border Security Advisory Committee (Committee).
· Makes various changes to the makeup of the Committee.
· Reduces the duties of the Committee.
· Removes the appropriation clause.
SB 1070: NOW: safe neighborhoods; immigration; law enforcement
· Changes “lawful contact” to “lawful stop, detention or arrest.”
· Stipulates that a lawful stop, detention or arrest must be in the enforcement of any other law or ordinance of a county, city or town or this state.
· Stipulates that a reasonable attempt must be made, when practicable, to determine the immigration status of a person, except if the determination may hinder or obstruct an investigation when reasonable suspicion exists that the person is an alien and is unlawfully present in the U.S.
· Removes “solely” from the provision relating the prohibition on discriminatory enforcement.
· Stipulates that for the Enforcement of Immigration Law, Unlawfully Picking up Passengers for Work and Unlawfully Transporting or Harboring Unlawful Aliens the immigration status may be determined by:
Ø A law enforcement officer who is authorized by the federal government to verify or ascertain an alien’s immigration status.
Ø ICE or CBP pursuant to 8 U.S.C. § 1373(c).
· Specifies that 8 U.S.C § 1373 and 8 U.S.C § 1644 are included in the federal immigration laws relating to challenges regarding policies adopted or implemented by an entity.
· Stipulates that for the enforcement of Willful Failure to Complete or Carry an Alien Registration Document, Unlawfully Picking up Passengers for Work and Unlawfully Transporting or Harboring Unlawful Aliens a law enforcement official or agency cannot consider race, color or national origin when implementing these provisions, except as permitted by the U.S. or Arizona Constitution.
· Removes the addition assessments for those found to be in violation of Willful Failure to Complete or Carry an Alien Registration Document.
· Eliminates certain violations of Willful Failure to Complete or Carry an Alien Registration Document that were class 3 and class 4 felonies.
· Limits fines for first time violators of Willful Failure to Complete or Carry an Alien Registration Document to $100.
· Prohibits the courts from sentencing first time violators of Willful Failure to Complete or Carry an Alien Registration Document to more than 20 days in jail.
· Prohibits the courts from sentencing second or subsequent violators of Willful Failure to Complete or Carry an Alien Registration Document to more than 30 days in jail.
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