House of
Representatives
SB 1406
interstate compact; border fence
Sponsors: Senators Smith: Allen, Antenori, et al.
DP |
Committee on Military Affairs & Public Safety |
DPA |
Committee on Appropriations |
DPA |
Caucus and COW |
X |
Overview
SB 1406 allows the governor to enter into an interstate compact to create a border fence along the Arizona-Mexico border located on private, state or federal property if permitted. Permits the state to construct the border fence if the governor does not enter into an interstate compact.
History
The United States shares a border with Mexico that is approximately 2,000 miles, 376 miles of which are in Arizona. This border area with Mexico consists of sparsely populated areas, vast expanses of rugged, mountainous terrain aligned in north-south corridors, and broad valleys and desert. Currently, 323 miles of the 376-mile Arizona-Mexico border has some type of fencing.
Laws 2010 Chapter 211 established the Joint Boarder Security Advisory Committee (Committee) consisting of three members of the House of Representatives, three members of the Senate and six members appointed by the governor. The Speaker and President shall appoint a cochairperson and Committee members are not eligible to receive compensation but may be reimbursed for expenses.
The Committee is to meet on the call of the two cochairpersons and may meet no more than monthly. The Committee may take testimony and other evidence regarding the international border with Mexico, analyze border crossing statistics, analyze related crime statistics, make recommendations designed to increase border security and make other recommendations deemed essential by the Committee. The Committee is to submit a monthly report on its findings and recommendations may go into executive session and is repealed from and after December 31, 2014.
Provisions
Interstate Compact – Border Fence
· Allows the governor to enter into an interstate compact with to provide for the construction and maintenance of a secure fence along the Arizona-Mexico border located on private, state or federal property if permitted.
· Permits the governor to enter into a compact as part of a broader compact relating to the same or similar issue.
· Requires a compact to contain at least the following:
Ø Provision making joinder available to all states.
Ø Provision for withdrawal from the compact on written notice to the parties no sooner than one year after the date of notice.
Ø Provision to establish an organization to administer and manage the construction and maintenance of the fence and to administer any monies obtained for the construction and maintenance of the border fence.
Ø Provision that a state develop a funding mechanism to construct and maintain the border fence through private or public donations from whatever source which is to be administered by the organization.
Ø Requirement that a state employ inmate labor and services as well as private contractors to construct and maintain the border fence.
Ø Option to construct and maintain the secure fence on state or federal land.
Non-Interstate Compact – Border Fence
· Stipulates that if the state does not enter into the interstate compact established in this act that this state may construct and maintain a secure fence along the Arizona-Mexico border line that is located on private, state or federal land if permitted according to the same applicable provisions of the interstate compact.
Joint Border Security Advisory Committee
· Establishes the Joint Border Security Advisory (Committee) in permanent law consisting of the following members:
Ø The President of the Senate or the President’s designee acting as a non-voting member,
Ø The Speaker of the House of the Representatives or the Speaker’s designee acting as a non-voting member,
Ø Two members of the House of Representatives appointed by the Speaker acting as a non-voting member,
Ø Two members of the Senate appointed by the President acting as a non-voting member,
Ø Six members appointed by the Governor of Arizona,
Ø A county sheriff from a county with a population of more than 3,000,000 persons,
Ø A county sheriff from a county with a population between 300,000 and 600,000 persons,
Ø A county sheriff from a county that is located along the Arizona-Mexico border and that has a population between 100,000 and 150,000 persons,
Ø A county sheriff from a county that is located along the Arizona-Mexico border and that has a population between 150,000 and 600,000 persons.
· Prohibits the Committee members from receiving compensation but permits them to receive reimbursement of expenses.
· Specifies that the President of the Senate and the Speaker of the House of Representatives are to appoint a cochairperson of the Committee.
· Requires the Committee to meet on the call of the two cochairpersons, but shall meet no more than monthly.
· Permits the Committee to:
Ø Take testimony and other evidence regarding the international border with Mexico,
Ø Analyze border crossing statistics,
Ø Analyze related crime statistics,
Ø Make recommendations designed to increase border security,
Ø Administer and manage the maintenance of the border fence,
Ø Make other recommendations deemed essential by the committee.
· Permits the Committee to use the services of legislative staff as required.
· Requires the Committee to submit or provide a report of it findings and recommendations beginning November 30, 2011 and each month thereafter to:
Ø The Speaker of the House of Representatives,
Ø The President of the Senate,
Ø The Governor,
Ø The Secretary of State.
· Permits the Committee to enter into executive session to take testimony or evidence it considers sensitive or confidential, which if released could compromise the security or safety of law enforcement or military personnel or a law enforcement or national guard law enforcement support operation.
Border Security Trust Fund
· Establishes the Border Security Trust Fund (BST Fund) consisting of monies collected pursuant to this act.
· Requires the state treasurer to administer the Fund as trustee for the purposes of this act.
· Specifies that the border fence interstate compact or the border fence pursuant to this act are the beneficiaries of the BST Fund and shall be used exclusively to carry out the purposes of this act.
· Requires the state treasurer to separately account and hold in trust monies deposited in the BST Fund, and that monies are not to be commingled with any pother monies except for investment purposes.
· Requires the state treasurer to invest and divest monies in the BST Fund and any monies earned from the investment shall be credited to the BST Fund.
· Makes the monies in the Fund subject to legislative appropriation and exempt from lapsing.
Miscellaneous
· Repeals the session law that previously established the Joint Border Security Advisory Committee.
· Makes technical and conforming changes.
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Fiftieth Legislature
First Regular Session 3 April 21, 2011
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