HB2236 - 511R

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

Section 1. Section 41-108, Arizona Revised Statutes, is amended to read:

START_STATUTE41-108. Interstate compact to build border fence; requirements; joint border security advisory committee; trust fund; drug trafficking; revenue projections; appropriation; drug trafficking fund

A. The governor may enter into a compact with other states to provide for the construction and maintenance of a secure fence along the Arizona‑Mexico border line that is located on private, state or federal property if permitted. The governor may enter into such a compact as part of any broader compact relating to the same or a similar issue. A compact entered into pursuant to this section shall contain at least the following:

1. A provision making it available for joinder by all states.

2. A provision for withdrawal from the compact on written notice to the parties no sooner than one year after the date of the notice.

3. A provision for the establishment of an organization:

(a) To administer and manage the construction and maintenance of the border fence.

(b) To administer any monies obtained for the construction and maintenance of the border fence.

4. A provision that provides for allows a state to develop the state's own funding mechanism to construct and maintain the border fence through private or public donations from whatever source and that is administered provides for administration by the organization established pursuant to paragraph 3 of this subsection.

5. A requirement that a state use correctional inmates as well as private contractors to construct and maintain the border fence.

6. The option to construct and maintain the secure fence on state or federal land.

7. Other provisions necessary to implement the compact.

B. If this state does not enter into the compact authorized by subsection A of this section, this state may still construct and maintain a secure fence along the Arizona‑Mexico border line that is located on private, state or federal property if permitted. Subsection A, paragraph 4 of this section, regarding developing the state's own funding mechanism, and subsection A, paragraphs 5 and 6 of this section apply to the border fence.

C. The joint border security advisory committee is established consisting of the following members:

1. The president of the senate or the president's designee as a nonvoting member.

2. The speaker of the house of representatives or the speaker's designee as a nonvoting member.

3. Two members of the house of representatives who are appointed by the speaker of the house of representatives as nonvoting members.

4. Two members of the senate who are appointed by the president of the senate as nonvoting members.

5. Six members who are appointed by the governor.

6. A county sheriff from a county that has a population of more than three million persons.

7. A county sheriff from a county that has a population of more than three hundred thousand persons but less than six hundred thousand persons.

8. A county sheriff from a county that is located along the Arizona‑Mexico border and that has a population of more than one hundred thousand persons but less than one hundred fifty thousand persons.

9. A county sheriff from a county that is located along the Arizona‑Mexico border and that has a population of at least one hundred fifty thousand persons but less than six hundred thousand persons.

D. Committee members are not eligible to receive compensation or reimbursement of expenses for committee activities.

E. The president and the speaker of the house of representatives shall each appoint a cochairperson of the committee.

F. The committee shall meet on the call of the two cochairpersons, but no more frequently than monthly.

G. The committee may:

1. Take testimony and other evidence regarding the international border with Mexico.

2. Analyze border crossing statistics.

3. Analyze related crime statistics.

4. Make recommendations designed to increase border security.

5. Administer and manage the construction and maintenance of the border fence.

6. Grant monies to county sheriffs to assist local drug control operations to prevent drug trafficking.

6. 7. Make other recommendations deemed essential by the committee.

H. The committee may use the services of legislative staff as required.

I. Beginning November 30, 2011 and Each month thereafter, the committee shall submit a written report of its findings and recommendations to the speaker of the house of representatives, the president of the senate and the governor. The committee shall provide a copy of the report to the secretary of state.

J. Notwithstanding any law to the contrary, the committee may vote to go into executive session to take testimony or evidence it considers sensitive or confidential in nature, 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.

K. The border security trust fund is established consisting of monies collected pursuant to this section. The state treasurer shall administer the trust fund as trustee for the purposes of the compact entered into pursuant to subsection A of this section or for the purposes of subsection B of this section. The compact entered into pursuant to subsection A of this section or the border fence pursuant to subsection B of this section is the beneficiary of the trust fund. All monies in the trust fund shall be used exclusively to carry out the purposes of this section. The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury, which are considered to be trust monies as defined in section 35‑310 and which shall not be commingled with any other monies in the state treasury except for investment purposes. The state treasurer shall invest and divest any trust fund monies deposited in the state treasury as provided by sections 35‑313 and 35‑314.03, and monies earned from investment shall be credited to the trust fund. Monies in the trust fund are subject to legislative appropriation and are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.

L. On or before December 15, 2013 and on or before each December 15 of each year thereafter:

1. The directors of the joint legislative budget committee and the governor's office of strategic planning and budgeting shall project the state general fund revenues for that fiscal year, which shall include all state general fund revenues and one‑time revenues for that fiscal year, but not including the beginning balance for that fiscal year.

2. If the amount projected pursuant to paragraph 1 of this subsection exceeds all budgeted state general fund revenues, including one‑time revenues, but not including the beginning balance, for that fiscal year, the first fifty million dollars of the difference shall be allocated and is appropriated from the state general fund to the drug trafficking fund established by subsection N of this section.

3. The directors of the joint legislative budget committee and the governor's office of strategic planning and budgeting shall jointly report to the governor, the president of the senate and the speaker of the house of representatives whether the amount projected pursuant to paragraph 1 of this subsection exceeds all budgeted state general fund revenues, including one‑time revenues, but not including the beginning balance, for that fiscal year, and, if so, the total projected excess amount.

M. If the report in subsection L of this section indicates an excess amount of revenues, on or before December 25 of that year the governor shall issue a public notice stating the amounts appropriated from the state general fund to the drug trafficking fund, not to exceed fifty million dollars in any fiscal year.

N. The drug trafficking fund is established consisting of monies appropriated to the fund pursuant to subsection L of this section. The department of administration shall administer the fund. The joint border security advisory committee may grant Monies in the fund to county sheriffs to assist local drug control operations to prevent and combat drug trafficking. The drug trafficking fund monies granted under this section may be spent on personnel, training, equipment and any other drug enforcement activities that will increase law enforcement's ability to control drug trafficking. Monies appropriated to the drug trafficking fund may not be used by the joint border security advisory committee for any purposes other than the purposes specified in this subsection. All unencumbered and unexpended Monies remaining in the fund on June 30 of each year shall revert to the state general fund. END_STATUTE