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REFERENCE TITLE: immigration; omnibus |
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State of Arizona Senate Forty-seventh Legislature Second Regular Session 2006
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SCR 1039 |
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Introduced by Senators Bee, Bennett, Blendu, Burns, Gould, Huppenthal, Johnson, Leff, Martin: Flake, Tibshraeny (with permission of committee on Rules)
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A CONCURRENT RESOLUTION
ENACTING AND ORDERING THE SUBMISSION TO THE PEOPLE OF A MEASURE RELATING TO IMMIGRATION.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to immigration, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
an act
amending title 11, chapter 7, Arizona Revised Statutes, by adding article 8; amending title 12, chapter 6, article 12, Arizona Revised Statutes, by adding section 12‑717; amending section 12-820.02, Arizona Revised Statutes; amending title 13, chapter 1, Arizona Revised Statutes, by adding section 13‑124; amending title 13, chapter 15, Arizona Revised Statutes, by adding section 13‑1509; Amending sections 13-2002, 15-191.01, 15-232 and 15-1803, Arizona Revised Statutes; amending title 15, chapter 14, article 2, Arizona Revised Statutes, by adding section 15-1825; amending section 26‑172, Arizona Revised Statutes; amending title 26, chapter 2, Arizona Revised Statutes, by adding article 4; amending title 41, chapter 7, article 12, Arizona Revised Statutes, by adding section 41‑1292.01; changing the designation of title 41, chapter 12, article 1, Arizona Revised Statutes, to "general provisions"; amending title 41, chapter 12, article 1, Arizona Revised Statutes, by adding section 41-1702; amending title 41, Arizona Revised Statutes, by adding chapter 20; amending title 41, chapter 27, article 2, Arizona Revised Statutes, by adding section 41-3016.01; amending title 41, Arizona Revised Statutes, by adding chapter 41; amending sections 46-801 and 46-803, Arizona Revised Statutes; providing for the delayed repeal of section 41-1292.01, Arizona Revised Statutes, as added by this act; making appropriations; relating to immigration.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 11, chapter 7, Arizona Revised Statutes, is amended by adding article 8, to read:
ARTICLE 8. ENFORCEMENT OF IMMIGRATION LAWS
11-1051. Cooperation and assistance in enforcement of immigration laws
A. All officials, agencies and personnel of counties, cities and towns shall fully comply with and, to the full extent permitted by law, support the enforcement of federal immigration laws of the United States.
B. Except as provided in federal law, no official, personnel or agent of counties, cities and towns may be prohibited or in any way restricted from sending, receiving or maintaining information relating to the immigration status, lawful or unlawful, of any individual or exchanging that information with any other federal, state or local governmental entity for the following official purposes:
1. Determination of eligibility for any federal, state or local public benefit, service or license that is restricted in whole or in part on the basis of immigration status.
2. Verification of any claim of legal domicile if legal domicile is required by law or contract.
3. Confirmation of the identity of any person who is detained and who claims not to be a citizen of the United States.
C. County sheriffs and police departments of cities and towns shall enter into a memorandum of understanding with the United States department of justice or the United States department of homeland security to designate officers as immigration officers qualified to investigate, apprehend and detain illegal aliens in the United States to the fullest extent consistent with state and federal law. county sheriffs and police departments of cities and towns may request assistance from the immigration ombudsman‑citizens aide in completing and entering into a memorandum of UNDERSTANDING under this subsection.
D. County sheriffs and police departments of cities and towns shall implement a program to train peace officers to investigate violations of federal immigration laws. UPON REQUEST BY A COUNTY SHERIFF OR POLICE DEPARTMENT OF A CITY OR TOWN, THE aRIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD SHALL PROVIDE ASSISTANCE TO IMPLEMENT A TRAINING PROGRAM.
E. The requirements and obligations of this section shall be implemented in a manner fully consistent with federal law regulating immigration and protecting the civil rights of citizens and aliens.
Sec. 2. Title 12, chapter 6, article 12, Arizona Revised Statutes, is amended by adding section 12-717, to read:
12-717. Actions by illegal aliens prohibited
Notwithstanding any law to the contrary, a person who is present in this state in violation of 8 United States code section 1325 shall not be awarded punitive damages in any action in any court in this state.
Sec. 3. Section 12-820.02, Arizona Revised Statutes, is amended to read:
12-820.02. Qualified immunity
A. Unless a public employee acting within the scope of the public employee's employment intended to cause injury or was grossly negligent, neither a public entity nor a public employee is liable for:
1. The failure to make an arrest or the failure to retain an arrested person in custody.
2. An injury caused by an escaping or escaped prisoner or a youth committed to the department of juvenile corrections.
3. An injury resulting from the probation, community supervision or discharge of a prisoner or a youth committed to the department of juvenile corrections, from the terms and conditions of the prisoner's or youth's probation or community supervision or from the revocation of the prisoner's or youth's probation, community supervision or conditional release under the psychiatric security review board.
4. An injury caused by a prisoner to any other prisoner or an injury caused by a youth committed to the department of juvenile corrections to any other committed youth.
5. The issuance of or failure to revoke or suspend any permit, license, certificate, approval, order or similar authorization for which absolute immunity is not provided pursuant to section 12‑820.01.
6. The failure to discover violations of any provision of law when inspections are done of property other than property owned by the public entity in question.
7. An injury to the driver of a motor vehicle that is attributable to the violation by the driver of section 28‑693, 28‑1381 or 28‑1382.
8. The failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under any federal law or any law of this state.
9. Preventing the sale or transfer of a handgun to a person who may lawfully receive or possess a handgun.
10. The failure to detain a juvenile taken into temporary custody or arrested for a criminal offense or delinquent or incorrigible act in the appropriate detention facility, jail or lockup described in section 8‑305.
11. Questioning a person's immigration status pursuant to section 13‑124.
B. The qualified immunity provided in this section applies to a public entity or public employee if the injury or damage was caused by a contractor's employee or a contractor of a public entity acting within the scope of the contract. The qualified immunity provided in this section does not apply to the contractor or the contractor's employee.
Sec. 4. Title 13, chapter 1, Arizona Revised Statutes, is amended by adding section 13-124, to read:
13-124. Peace officers; question immigration status
A. A peace officer who lawfully detains a person based on the reasonable suspicion that the person has committed or is committing a crime or any other violation of law may question that person regarding the person's immigration status.
B. This state and any political subdivision of this state shall not prohibit a peace officer from performing the duty authorized by this section.
Sec. 5. Title 13, chapter 15, Arizona Revised Statutes, is amended by adding section 13-1509, to read:
13-1509. Trespassing by illegal aliens; fingerprinting; civil penalty; classification
A. In addition to any violation of federal law, it is unlawful for a person who is a citizen of any country other than the United States to enter into or be on any public or private land in this state if, at the time of the commission of the offense, the person is in violation of 8 United States Code section 1325.
B. A peace officer shall not stop or arrest a person for a violation of this section unless the peace officer has reasonable suspicion to believe the person has committed or is committing another violation of a law of this state or a federal law.
C. The arresting authority shall fingerprint a person who is arrested for a violation of this section. At the discretion of the arresting authority on the first offense, the person may be transferred to the federal agency with jurisdiction or referred for prosecution.
D. A violation of this section is a class 1 misdemeanor, except that a second or subsequent violation is a class 4 felony. The court shall sentence A person who is convicted of a violation of this section to imprisonment for not less than the MAXIMUM sentence authorized by law. The person is not eligible for suspension or commutation of sentence or release on any basis until the sentence imposed is served. The sentence shall run consecutively to any other sentence imposed on the person and to any undischarged term of imprisonment of the person.
E. In addition to any other fine, the court shall order the person to pay a civil penalty in an amount:
1. Of not less than fifty dollars and not more than two hundred fifty dollars for a first violation.
2. That is twice the amount specified in paragraph 1 of this subsection if the person was previously subject to a civil penalty pursuant to this subsection.
F. A court shall collect the civil penalty prescribed in subsection E of this section and remit the civil penalty to the supreme court, which shall deposit, pursuant to sections 35-146 and 35-147, the civil penalty in the border security fund established by section 41-2351.
G. Notwithstanding subsection D of this section, if the person violates this section while in possession of any of the following, the violation is a class 2 felony:
1. A dangerous drug as defined in section 13-3401.
2. Precursor chemicals that are used in the manufacturing of methamphetamine in violation of section 13-3404.01.
3. A deadly weapon as defined in section 13-3101 or a dangerous instrument as defined in section 13-105.
4. Property that is used for the purpose of committing an act of terrorism as prescribed in section 13-2308.01.
Sec. 6. Section 13-2002, Arizona Revised Statutes, is amended to read:
13-2002. Forgery; classification
A. A person commits forgery if, with intent to defraud, the person:
1. Falsely makes, completes or alters a written instrument; or
2. Knowingly possesses a forged instrument; or
3. Offers or presents, whether accepted or not, a forged instrument or one that contains false information; or .
4. Falsely makes or alters a written instrument that purports to be a document that fulfills the requirements for establishing identity, or eligibility to work in the United States pursuant to the federal immigration reform and control act of 1986, and that is used to obtain employment in this state by a person who is not authorized to work in the United States.
B. The possession of five or more forged instruments may give rise to an inference that the instruments are possessed with an intent to defraud.
C. If the court orders restitution for a violation of subsection A, paragraph 4, the restitution order shall include damages incurred by any employer who relied on a forged INSTRUMENT in hiring or employing a person who was not AUTHORIZED to work in the united states, including the employer's costs, attorney fees and expenses.
C. D. Forgery
pursuant to subsection A, paragraph 4 is a class 3 felony.
Forgery pursuant to
subsection A, paragraph 1, 2 or 3 is a class 4 felony.
Sec. 7. Section 15-191.01, Arizona Revised Statutes, is amended to read:
15-191.01. Family literacy program; procedures; curriculum; eligibility plan
A. The family literacy program is established in the state board of education through the division of early childhood education programs to increase the basic academic and literacy skills of eligible parents and their preschool children in accordance with this article. The state board of education shall establish family literacy projects as part of the overall program at locations where there is a high incidence of economic and educational disadvantage as determined by the state board of education in consultation with the department of economic security and, as appropriate, other state agencies.
B. The state board of education shall adopt procedures necessary to implement the family literacy program.
C. The state board of education shall establish guidelines for requiring family literacy program participants to engage in community service activities in exchange for benefits received from the program. Participants shall be allowed to choose from a variety of community and faith‑based service providers that are under contract with the department to provide community service opportunities or program services. Participants shall be allowed and encouraged to engage in community services within their own communities. Participants shall be allowed to fulfill the requirements of this subsection by providing community services to the program from which they received services.
D. The state board of education shall submit an annual report by December 31 to the governor, the speaker of the house of representatives and the president of the senate regarding the community service activities of family literacy program participants pursuant to subsection C, including information on the number of participants, the types of community service performed and the number of hours spent in community service activities.
E. Local education agencies and adult education programs funded by the department of education are eligible for grants if the state board of education determines that a high percentage of adults in the county, the local school district or the targeted local school service area have not graduated from high school. Selection criteria for grant awards shall include at a minimum the educational needs of the adult population, the incidence of unemployment in the county, district or local targeted school service area, the degree to which community collaboration and partnership demonstrate the ability to bring additional resources to the program and the readiness and likelihood of the proposing organizations to establish a successful family literacy project.
F. Each project team shall include representatives from each of the following:
1. One or more local school districts or the county school superintendent's office.
2. An adult education provider funded by the division of adult education or a provider that complies with the policies, academic standards, performance outcomes, assessment and data collection requirements of adult education as prescribed by the division of adult education.
3. A private or public early childhood education provider.
4. Any other social service, governmental or private agency that may provide assistance for the planning and operation of the project.
G. In addition to the grants prescribed in subsection H, the state board of education shall authorize two grants to existing literacy programs in this state that can offer training and serve as models and training resources for the establishment and expansion of other programs throughout this state. Existing literacy programs shall submit a grant application to the state board of education in the same manner as prescribed in subsection K.
H. The state board of education shall authorize additional grants through the division of early childhood education programs in areas of educational and economic need.
I. Selected projects shall use either:
1. A nationally recognized family literacy model such as models developed by the national center for family literacy or its successor.
2. A model that, in the determination of the project team and the state board of education, is superior to a nationally recognized family literacy model.
J. Eligible parents shall be instructed in adult basic education and general educational development. Preschool children shall receive instruction in developmentally appropriate early childhood programs. Other planned, structured activities involving parents and children in learning activities may be established as a part of the curriculum.
K. Each grant application shall include a plan to address at least the following:
1. Identification and recruitment of eligible parents and children.
2. Screening and preparation of parents and children for participation in the family literacy program.
3. Instructional programs and assessment practices that promote academic and literacy skills and that equip parents to provide needed support for the educational growth and success of their children.
4. A determination that at least ten but no more than twenty parents with children will be eligible for and be enrolled in the family literacy program at all times, or that the family literacy programs shall document efforts to continually recruit eligible families.
5. Provision of child care through either private or public providers.
6. A transportation plan for participants.
7. An organizational partnership involving at a minimum a common school, a private or publicly funded preschool provider and an adult education program funded by the department of education or by an outside funding source.
L. This section shall be enforced without regard to race, religion, gender, ethnicity or national origin.
M. The state board of education shall report on December 31 and June 30 of each year to the joint legislative budget committee the total number of parents who applied to participate in a program under this article and the total number of parents who were not eligible under this article because the parent was not an eligible parent as defined in section 15-191, paragraph 1, subdivision (c).
Sec. 8. Section 15-232, Arizona Revised Statutes, is amended to read:
15-232. Division of adult education; duties
a. There is established a division of adult education within the department of education, under the jurisdiction of the state board for vocational and technological of education, which shall:
1. Prescribe a course of study for adult education in school districts.
2. Make available and supervise the program of adult education in other institutions and agencies of this state.
3. Adopt rules for the establishment and conduct of classes for immigrant and adult education, including the teaching of English to foreigners, in school districts.
4. Devise plans for establishment and maintenance of classes for immigrant and adult education, including the teaching of English to foreigners, stimulate and correlate the Americanization work of various agencies, including governmental, and perform such other duties as may be prescribed by the state board of education and the superintendent of public instruction.
5. Prescribe a course of study to provide training for adults to continue their basic education to the degree of passing a general equivalency diploma test or an equivalency test approved by the state board of education.
B. The department of education shall provide classes under this section only to adults who are citizens or legal residents of the United States or are otherwise lawfully present in the United States. This subsection shall be enforced without regard to race, religion, gender, ethnicity or national origin.
C. The department of education shall report on December 31 and June 30 of each year to the joint legislative budget committee the total number of adults who applied for instruction and the total number of adults who were denied instruction under this section because the applicant was not a citizen or legal resident of the United States or was not otherwise lawfully present in the United States.
Sec. 9. Section 15-1803, Arizona Revised Statutes, is amended to read:
15-1803. Alien in‑state student status
A. An alien is entitled to classification as an in‑state refugee student if such person has been granted refugee status in accordance with all applicable laws of the United States and has met all other requirements for domicile.
B. In accordance with the illegal immigration reform and immigrant responsibility act of 1996 (P.L. 104-208; 110 Stat. 3009), a person who is not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state student pursuant to section 15-1802 or entitled to classification as a county resident pursuant to section 15-1802.01.
C. Each community college and university shall report on December 31 and June 30 of each year to the joint legislative budget committee the total number of students who were entitled to classification as an in-state student and the total number of students who were not entitled to classification as an in-state student under this section because the student was not a citizen or legal resident of the United States or is without lawful immigration status.
Sec. 10. Title 15, chapter 14, article 2, Arizona Revised Statutes, is amended by adding section 15-1825, to read:
15-1825. Prohibited financial assistance; report
A. A person who is not a citizen of the United States, who is without lawful immigration status and who is enrolled as a student at any university under the jurisdiction of the Arizona board of regents or at any community college under the jurisdiction of a community college district in this state is not entitled to tuition waivers, fee waivers, grants, scholarship assistance, financial aid, tuition assistance or any other type of financial assistance that is subsidized or paid in whole or in part with state monies.
B. Each community college and university shall report on December 31 and June 30 of each year to the joint legislative budget committee the total number of students who applied and the total number of students who were not entitled to tuition waivers, fee waivers, grants, scholarship assistance, financial aid, tuition assistance or any other type of financial assistance that is subsidized or paid in whole or in part with state monies under this section because the student was not a citizen or legal resident of the United States or not lawfully present in the United States.
C. This section shall be enforced without regard to race, religion, gender, ethnicity or national origin.
Sec. 11. Section 26-172, Arizona Revised Statutes, is amended to read:
26-172. Emergency mobilization; requests by municipalities for aid of national guard; mobilization into United States service
A. When the governor proclaims an emergency, or deems it necessary to protect lives or property, the governor may mobilize all or any part of the national guard or the unorganized militia into service of the state. The order directing the national guard or the unorganized militia, or any part thereof, to report for active duty shall state the purpose for which it is mobilized and the objectives to be accomplished. If the governor declares that a state of emergency exists for the protection of the lives or property of citizens of this state resulting from an increase in unauthorized border crossings and the related increase in deaths, crime or property damage, the governor may mobilize the national guard to address the emergency by actively performing only duties directly related to border security.
B. The adjutant general shall issue orders for mobilization, appoint troop commanders and act as chief of staff to the governor. The adjutant general shall, with consent of the governor and in the name of the adjutant general, shall issue orders designating local commanders, giving tactical and administrative instructions, and defining the objectives of each mobilized unit.
C. The civil authorities of a county or municipality requiring aid of the national guard to quell any riot, insurrection or other civil disturbance shall submit to the governor a written request for aid, setting forth the particular object to be accomplished and the area affected. Upon receipt of the request the governor may by proclamation mobilize all or any part of the national guard or the unorganized militia, and the governor shall designate the adjutant general or an officer of the national guard to take command of the troops mobilized and to designate the troops to be used.
D. To request assistance of the national guard, or the unorganized militia, or any part thereof in a search or rescue operation involving the life or health of any person, the sheriff or other officer of a political subdivision who is conducting the search or rescue operation shall by the most rapid and suitable means of communication available convey the need to the state director of emergency management for transmittal to the governor. If the governor grants the request the sheriff or other officer shall, within two days, shall transmit a written confirmation of the request to the governor.
E. If the president of the United States directs mobilization of the national guard into the armed forces of the United States, the adjutant general shall effect the mobilization speedily and in the manner prescribed. Upon mobilization into the armed forces of the United States, the national guard shall pass to federal control and shall not be subject to military laws of the state until the time it reverts to control of the state.
Sec. 12. Title 26, chapter 2, Arizona Revised Statutes, is amended by adding article 4, to read:
article 4. border Radar
26-371. Border radar fund
A. The border radar fund is established consisting of legislative appropriations, monies received from the federal department of homeland security, gifts and grants to the fund for border radar along the southern border of Arizona.
B. The department of emergency and military affairs shall administer the border radar fund and monies in the fund are continuously appropriated.
C. The state treasurer shall invest and divest monies in the fund as provided in section 35-313, and monies earned from investment shall be credited to the fund.
Sec. 13. Title 41, chapter 7, article 12, Arizona Revised Statutes, is amended by adding section 41-1292.01, to read:
41-1292.01. Joint legislative committee on immigration
A. The joint legislative committee on immigration is established. The committee consists of:
1. Three members of the senate who are appointed by the president of the senate, no more than two of whom are members of the same political party.
2. Three members of the house of representatives who are appointed by the speaker of the house of representatives, no more than two of whom are members of the same political party.
B. The committee shall review the implementation and enforcement of the following statutes:
1. Enforcement of immigration laws PURSUANT TO Title 11, chapter 7, article 8.
2. TRESPASSING by illegal aliens PURSUANT TO section 13‑1509.
3. sMUGGLING OF HUMAN BEINGS PURSUANT TO SECTION 13-2319.
4. Border Radar PURSUANT TO title 26, chapter 2, article 4.
5. Arizona border enforcement security team pursuant to chapter 20 of this title. the committee shall specifically review the grants that are made pursuant to chapter 20 of this title, including a review of the total number of grants, the total amount of grants and the USEFULNESS and effectiveness of the grants that were made.
6. Secure and verifiable identification PURSUANT TO chapter 41 of this title.
C. The committee shall annually make recommendations to the legislature that will secure the borders, prevent unauthorized border crossings and Improve the enforcement of immigration laws in this state.
D. The committee shall submit a report with its recommendations on or before December 1 of each year to the governor, the president of the senate and the speaker of the house of representatives.
E. The committee shall provide a copy of the report to the secretary of state and the director of the arizona state library, archives and public records.
Sec. 14. Heading change
The article heading of title 41, chapter 12, article 1, Arizona Revised Statutes, is changed from "DEFINITIONS" to "GENERAL PROVISIONS".
Sec. 15. Title 41, chapter 12, article 1, Arizona Revised Statutes, is amended by adding section 41-1702, to read:
41-1702. Federal immigration laws; enforcement; memorandum; program; definition
A. To the extent permitted by federal law and notwithstanding any other state law, peace officers are fully authorized to investigate OR apprehend ILLEGAL aliens in the United States, including transferring ILLEGAL aliens to federal law enforcement agencies and transporting ILLEGAL aliens across state lines to detention centers, in the enforcement of the immigration laws of the United States.
B. The director shall enter into a memorandum of understanding with the United States department of justice or the United States department of homeland security to designate officers as immigration officers qualified to investigate, apprehend and detain illegal aliens in the United States to the fullest extent consistent with state and federal law.
C. The director shall implement a program to train peace officers to investigate violations of federal immigration laws.
D. The requirements and obligations of this section shall be implemented in a manner fully consistent with federal law regulating immigration and protecting the civil rights of citizens and aliens.
E. For the purposes of this section, "peace officer" has the same meaning prescribed in section 13-105.
Sec. 16. Title 41, Arizona Revised Statutes, is amended by adding chapter 20, to read:
CHAPTER 20
ARIZONA BORDER ENFORCEMENT SECURITY TEAM
ARTICLE 1. GENERAL PROVISIONS
41-2351. Arizona border enforcement security team; members; powers and duties; fund; limitation
A. The Arizona border enforcement security team is established consisting of the following members:
1. The director of the department of public safety or the director's designee.
2. One member of the house of representatives who is appointed by the speaker of the house of representatives.
3. One member of the senate who is appointed by the president of the senate.
4. One member of the public who is appointed by the speaker of the house of representatives.
5. One member of the public who is appointed by the president of the senate.
6. One municipal law enforcement member who is appointed by the Arizona association of chiefs of police from a southern Arizona border city.
7. Two county law enforcement members who are appointed by the Arizona county sheriffs association, one of whom shall be from a county with a population of more than one million five hundred thousand persons and one of whom shall be from a southern Arizona border county.
8. One city prosecutor who is appointed by the Arizona prosecuting attorneys advisory council.
9. Two county attorneys who are appointed by the Arizona prosecuting attorneys advisory council, one of whom shall be from a county with a population of more than one million five hundred thousand persons.
B. Members serve at the pleasure of the appointing officer and, in the case of elected officials, until their elective term of office expires.
C. Members appointed pursuant to subsection A, paragraphs 4 through 9 of this section shall serve staggered three year terms.
D. Members appointed pursuant to subsection a, paragraphs 2 and 3 of this section shall serve as advisory nonvoting members and are not members for purposes of determining whether a quorum is present.
E. The voting members shall annually elect a chairperson from among the members and a member shall not serve consecutive terms as chairperson.
F. Members are not eligible to receive compensation but voting members are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
G. The team may use the staff of the department of emergency and military affairs and the department's facilities for meetings.
H. The team may enter into interagency agreements for team business.
I. the team shall:
1. After review by the joint legislative budget committee, Make grants from one-half of the monies in the border security fund established by subsection K of this section to counties for incarceration operating expenses, including temporary and movable detainment facilities, tents for immigration control and operating and personnel costs for the detainment facilities.
2. After review by the joint legislative budget committee, make grants from one-half of the monies in the border security fund established by subsection K of this section to city, town and county law enforcement agencies, city and town prosecutors and county attorneys for border security personnel, physical barriers and any other immigration enforcement purposes. The team may also make a grant to the department of transportation or the state department of corrections to use prisoners to construct an unimproved, one and one-half lane, unpaved southern Arizona border road.
3. Receive quarterly reports from the entities receiving grants and evaluate their effectiveness.
4. On or before December 1 of each year, submit to the governor, the president of the senate, the speaker of the house of representatives and the joint legislative budget committee a written report on the effectiveness of the grants provided and provide a copy of this report to the secretary of state and the director of the Arizona state library, archives and public records.
J. The team shall not make grants to any city, town or county that is not in full compliance with section 11-1051, OR THAT HAS ANY SANCTUARY POLICY INVOLVING ANY FORM OF AID TO ILLEGAL aliens OR ANY REDUCED ENFORCEMENT OF ILLEGAL IMMIGRATION, as determined by the team.
K. The border security fund is established consisting of civil penalties deposited pursuant to section 13-1509, legislative appropriations, gifts and grants. The team shall administer the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. On notice from the team, the state treasurer shall invest and divest monies in the fund as provided in section 35-313, and monies earned from investments shall be credited to the fund.
Sec. 17. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3016.01, to read:
41-3016.01. Arizona border enforcement security team; termination July 1, 2016
A. The Arizona border enforcement security team terminates on July 1, 2016.
B. Title 41, chapter 20 is repealed on January 1, 2017.
Sec. 18. Title 41, Arizona Revised Statutes, is amended by adding chapter 41, to read:
CHAPTER 41
SECURE AND VERIFIABLE IDENTIFICATION
ARTICLE 1. GENERAL PROVISIONS
41-4251. Identification requirements; exceptions; consequences; definitions
A. For the disbursement of public services, including law enforcement services, in this state that require recipients to produce identification, a department, agency, commission, board or district of this state or a political subdivision of this state shall not accept or recognize any identification document unless the document was issued by a political subdivision of this state, a federally recognized Indian tribe or a state or federal authority and is verifiable by a law enforcement or homeland security agency. Law enforcement services shall not be withheld because of the presentation of an unverifiable identification document, but the unverifiable document cannot be used to establish identity. A political subdivision of this state shall not authorize acceptance of an unverifiable identification document and a public official acting in the capacity of a public official shall not accept, acknowledge or recognize anything other than a verifiable identification document. For the purpose of issuing any form of identification, license, permit or official document to any person, a political subdivision of this state shall not rely on, or use in any manner, any document other than a verifiable identification document.
B. An exception to this section shall be made only as required by treaty or federal law or for the purpose of reporting a crime. An action that is knowingly taken and that is inconsistent with this section is deemed to be outside of the official capacity of the agency, officer, elected official, agent or employee and is not protected by governmental immunity.
C. For the purposes of this article:
1. "Law enforcement agency" means any law enforcement or intelligence agency, department or authority of the United States government, a state government or a political subdivision of the United States government or a state government.
2. "Public services" means services funded in whole or in part by state or local tax revenues.
3. "Verifiable" means that the issuance of a document by the issuing agency to the individual named on the document is capable of being confirmed on request by a United States law enforcement agency.
Sec. 19. Section 46-801, Arizona Revised Statutes, is amended to read:
46-801. Definitions
In this chapter, unless the context otherwise requires:
1. "Caretaker relative" means a relative who exercises responsibility for the day-to-day physical care, guidance and support of a child who physically resides with the relative and who is by affinity or consanguinity or by court decree a grandparent, great-grandparent, sibling of the whole or half blood, stepbrother, stepsister, aunt, uncle, great-aunt, great-uncle or first cousin.
2. "Cash assistance" has the same meaning prescribed in section 46‑101.
3. "Child" means a person who is under thirteen years of age.
4. "Child care" means the compensated service that is provided to a child who is unaccompanied by a parent or guardian during a portion of a twenty-four hour day.
5. "Child care assistance" means any money payments for child care services that are paid by the department and that are paid for the benefit of an eligible family.
6. "Child care home provider" means a person who is at least eighteen years of age, who is not the parent, guardian, caretaker relative or noncertified relative provider of a child needing child care and who is certified by the department to care for four or fewer children for compensation with child care assistance monies.
7. "Child care providers" means child care facilities licensed pursuant to title 36, chapter 7.1, article 1, child care group homes certified pursuant to title 36, chapter 7.1, article 4, child care home providers, in-home providers, noncertified relative providers and regulated child care on military installations or for federally recognized Indian tribes.
8. "Eligible family" means citizens or legal residents of the United States or individuals who are otherwise lawfully present in the United States and who are parents, legal guardians or caretaker relatives with legal residence in this state and children in their care who meet the eligibility requirements for child care assistance.
9. "Federal poverty level" means the poverty guidelines that are issued by the United States department of health and human services pursuant to section 673(2) of the omnibus budget reconciliation act of 1981 and that are reported annually in the federal register.
10. "In-home provider" means a provider who is certified by the department to care for a child of an eligible family in the child's own home and is compensated with child care assistance monies.
11. "Noncertified relative provider" means a person who is at least eighteen years of age, who provides child care services to an eligible child, who is by affinity or consanguinity or by court decree the grandparent, great-grandparent, sibling not residing in the same household, aunt, great‑aunt, uncle or great-uncle of the eligible child and who meets the department's requirements to be a noncertified relative provider.
12. "Parent" or "parents" means the natural or adoptive parents of a child.
Sec. 20. Section 46-803, Arizona Revised Statutes, is amended to read:
46-803. Eligibility for child care assistance
A. The department shall provide child care assistance to eligible families who are attempting to achieve independence from the cash assistance program and who need child care assistance in support of and as specified in their personal responsibility agreement pursuant to chapters 1 and 2 of this title.
B. The department shall provide child care assistance to eligible families who are transitioning off of cash assistance due to increased earnings or child support income in order to accept or maintain employment. Eligible families must request this assistance within six months after the cash assistance case closure. Child care assistance may be provided for up to twenty‑four months after the case closure and shall cease whenever the family income exceeds one hundred sixty‑five per cent of the federal poverty level.
C. The department shall provide child care assistance to eligible families who are diverted from cash assistance pursuant to section 46‑298 in order to obtain or maintain employment. Child care assistance may be provided for up to twenty‑four months after the case closure and shall cease whenever the family income exceeds one hundred sixty‑five per cent of the federal poverty level.
D. The department may provide child care assistance to support eligible families with incomes of one hundred sixty‑five per cent or less of the federal poverty level to accept or maintain employment. Priority for this child care assistance shall be given to families with incomes of one hundred per cent or less of the federal poverty level.
E. The department may provide child care assistance to families referred by child protective services and to children in foster care pursuant to title 8, chapter 5 to support child protection.
F. The department may provide child care assistance to special circumstance families whose incomes are one hundred sixty‑five per cent or less of the federal poverty level and who are unable to provide child care for a portion of a twenty‑four hour day due to a crisis situation of domestic violence or homelessness, or a physical, mental, emotional or medical condition, participation in a drug treatment or drug rehabilitation program or court ordered community restitution. Priority for this child care assistance shall be given to families with incomes of one hundred per cent or less of the federal poverty level.
G. In lieu of the employment activity required in subsection B, C or D of this section, the department may allow eligible families with teenaged custodial parents under twenty years of age to complete a high school diploma or its equivalent or engage in remedial education activities reasonably related to employment goals.
H. The department may provide supplemental child care assistance for department approved education and training activities if the eligible parent, legal guardian or caretaker relative is working at least a monthly average of twenty hours per week and this education and training are reasonably related to employment goals. The eligible parent, legal guardian or caretaker relative must demonstrate satisfactory progress in the education or training activity.
I. Beginning March 12, 2003, the department shall establish waiting lists for child care assistance and prioritize child care assistance for different eligibility categories in order to manage within appropriated and available monies. Priority of children on the waiting list shall start with those families at one hundred per cent of the federal poverty level and continue with each successive ten per cent increase in the federal poverty level until the maximum allowable federal poverty level of one hundred sixty‑five per cent. Priority shall be given regardless of time spent on the waiting list.
J. The department shall establish criteria for denying, reducing or terminating child care assistance that include:
1. Whether there is a parent, legal guardian or caretaker relative available to care for the child.
2. Financial or programmatic eligibility changes or ineligibility.
3. Failure to cooperate with the requirements of the department to determine or redetermine eligibility.
4. Hours of child care need that fall within the child's compulsory academic school hours.
5. Reasonably accessible and available publicly funded early childhood education programs.
6. Whether an otherwise eligible family has been sanctioned and cash assistance has been terminated pursuant to chapter 2 of this title.
7. Other circumstances of a similar nature.
8. Whether sufficient monies exist for the assistance.
K. Families receiving child care assistance under subsection D or F of this section are also subject to the following requirements for such child care assistance:
1. Each child is limited to no more than sixty cumulative months of child care assistance. The department may provide an extension if the family can prove that the family is making efforts to improve skills and move towards self-sufficiency.
2. Families are limited to no more than six children receiving child care assistance.
3. Copayments shall be imposed for all children receiving child care assistance. Copayments for each child may be higher for the first child in child care than for additional children in child care.
L. The department shall review each case at least once a year to evaluate eligibility for child care assistance.
M. The department shall report on December 31 and June 30 of each year to the joint legislative budget committee the total number of families who applied for child care assistance and the total number of families who were denied assistance under this section because the parents, legal guardians or caretaker relatives who applied for assistance were not citizens or legal residents of the United States or were not otherwise lawfully present in the United States.
N. This section shall be enforced without regard to race, religion, gender, ethnicity or national origin.
M. O. Notwithstanding section 35‑173, monies appropriated for the purposes of this section shall not be used for any other purpose without the approval of the joint legislative budget committee.
N. P. The department shall refer all child care subsidy recipients to child support enforcement and to local workforce services and provide information on the earned income tax credit.
Sec. 21. Appropriations; purposes; reports; billing; exemption
A. The following sums are appropriated from the budget stabilization to the border security fund established by section 41-2351, Arizona Revised Statutes, as added by this act, in fiscal year 2006-2007 for the purposes indicated:
1. $27,000,000 for grants to counties for incarceration operating expenses, including temporary and movable detainment facilities, tents for immigration control and operating and personnel costs for the detainment facilities.
2. $27,000,000 for grants to city, town and county law enforcement agencies, city and town prosecutors and county attorneys for border security personnel, physical barriers and any other immigration enforcement purposes.
3. $850,000 for grants to the state department of corrections and county sheriffs for border clean-up restoration costs.
4. $1,000,000 for grants to the department of transportation or the state department of corrections to use prisoners to construct a southern Arizona border road.
B. The department of administration shall send billing invoices to the federal government to recover the amount of the appropriations in subsection A of this section for deposit in the budget stabilization fund.
C. The appropriations made in subsection A of this section are exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
D. Any federal monies provided to this state for the purposes described in subsection A of this section shall be used to offset the appropriations made in subsection A of this section and the offset amount reverts to the budget stabilization fund.
Sec. 22. Appropriation; department of public safety; southern Arizona crime laboratory; exemption; reimbursement
A. The sum of $14,300,000 is appropriated from the budget stabilization fund in fiscal year 2006-2007 to the department of public safety for establishment of a southern Arizona crime laboratory.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
C. Any federal monies provided to this state for establishing a southern Arizona crime laboratory shall be used to offset the appropriation made in subsection A of this section and the offset amount reverts to the budget stabilization fund.
Sec. 23. Appropriations; border radar; reimbursement
A. The sum of $25,000,000 is appropriated from the budget stabilization fund in each of the fiscal years 2006-2007 and 2007-2008 to the border radar fund established by section 26-371, Arizona Revised Statutes, as added by this act.
B. Any federal monies provided to this state for border radar shall be used to offset the appropriation made in subsection A of this section and the offset amount reverts to the budget stabilization fund.
Sec. 24. Appropriations; GITEM; border security; exemption; reimbursement
A. The sum of $28,952,900 is appropriated from the budget stabilization fund and and 161.8 FTE positions are appropriated in fiscal year 2006-2007 to the department of public safety which shall be used for:
1. The operating expenses of the existing GITEM mission and to expand the existing gang intelligence team enforcement mission into a multijurisdiction task force known as the gang and immigration intelligence team enforcement mission. If the department of public safety uses any of the monies appropriated for GITEM for an agreement or contract with a city, town, county or other entity to provide services for the GITEM program, the city, town, county or other entity shall provide fifteen per cent of the cost of the services and the department of public safety shall provide eighty-five per cent of the cost for each agreement or contract. The monies shall also be used for new functions relating to immigration enforcement, including border security and border personnel. This appropriation is for the purpose of expanding GITEM and not to add a new unit or increased administration to the mission. Prior to expending the appropriated monies, the department shall submit an expenditure plan to the joint legislative budget committee for review. Within thirty days after the last day of each calendar quarter, the department shall provide a summary of quarterly and year-to-date expenditures to the joint legislative budget committee.
2. An additional one hundred department of public safety sworn personnel, fifty of whom shall be used for immigration and border security. Prior to expending the appropriated monies, the department shall submit an expenditure plan to the joint legislative budget committee for review. Within thirty days after the last day of each calendar quarter, the department shall provide a summary of quarterly and year-to-date expenditures to the joint legislative budget committee.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
C. Any federal monies provided to this state for border security and the immigration enforcement purposes described in subsection A of this section shall be used to offset the appropriation made in subsection A of this section and the offset amount reverts to the budget stabilization fund.
Sec. 25. Border radar; implementation
A. The department of emergency and military affairs shall lease or purchase a ground based radar system integrated with cameras for the southern Arizona border for border protection. The location and implementation of the radar system shall be established by the department of emergency and military affairs in cooperation and consultation with the contractor and federal, state and local governments, Indian tribes and private property owners on the border. The contract shall require immediate notification to the United States border patrol by the implementing contractor for each illegal crossing of the border detected by the radar.
B. The department of emergency and military affairs shall:
1. Submit a draft of the request for proposals to the joint committee on capital review within ninety days after the effective date of this act for review.
2. Enter into a contract with the contractor for installation, management and maintenance costs and personnel and associated equipmenet costs of the project within one hundred twenty days after the release of the request for proposals. The contract shall contain a list including the number of proposed radar facility locations, the miles of border covered by the proposed radar facility locations and the estimated time for completion of the first and last radar sites.
3. Submit quarterly reports beginning December 1, 2006, until completion of the project, to the joint committee on capital review and the joint legislative committee on immigration for review. The reports shall detail expenditures, progress on implementation of the project and the timeframes for completion of the first and last radar facility locations.
Sec. 26. Initial terms of members of the Arizona border enforcement security team
A. Notwithstanding section 41-2351, Arizona Revised Statutes, as added by this act, the initial terms of members of the Arizona border enforcement security team appointed pursuant to section 41-2351, subsection A, paragraphs 4 through 9, Arizona Revised Statutes, as added by this act, are:
1. Two terms ending January 1, 2008.
2. Three terms ending January 1, 2009.
3. Three terms ending January 1, 2010.
B. The appointing authorities shall make all subsequent appointments as prescribed by statute.
Sec. 27. Purpose
Pursuant to section 41-2955, subsection E, Arizona Revised Statutes, the purpose of the Arizona border enforcement security team is to make grants to political subdivisions for border security.
Sec. 28. Report by governor; border emergency
A. If the governor declares that a state of emergency exists due to the increase in unauthorized border crossings and the related increase in deaths, crime or property damage, the governor shall prepare a report outlining the governor's plan to stabilize the emergency. The report shall include all of the following:
1. The number of troops to be mobilized to address the emergency.
2. The role of the troops in resolving the emergency, including delineation of specific duties that will prevent illegal aliens from entering Arizona.
3. The estimated time until the emergency is resolved.
4. Whether the required training schedule for national guard troops prescribed in section 26-171, Arizona Revised Statutes, can be altered to use these troops to address the border emergency and to reduce the cost to the state.
5. Whether the governor has determined that the national guard does not have sufficient troops to meet the emergency and plans to authorize the adjutant general to accept service from volunteers to form an unorganized militia pursuant to section 26-124, Arizona Revised Statutes, and the reasons to support or reject this service.
B. The governor shall present this report to the speaker of the house of representatives and the president of the senate within thirty days after the declaration of the emergency or by the effective date of this act, whichever date is later.
Sec. 29. Conditional appropriation; national guard mobilization; exemption; reimbursement
A. If the governor presents the report as prescribed in section 38 of this act, the sum of $10,000,000 is appropriated from the budget stabilization fund in fiscal year 2006-2007 to the department of emergency and military affairs for payment of expenses incurred by the national guard pursuant to any mobilization due to a declaration of emergency by the governor relating to the protection of Arizona lives and property resulting from an increase in unauthorized border crossings and the related increase in deaths, crime and property damage.
B. Any federal monies provided to this state for national guard deployment shall be used to offset the appropriation made in subsection A of this section and the offset amount reverts to the budget stabilization fund.
C. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
D. Any federal monies provided to this state for national guard mobilization shall be used to offset the appropriation made in subsection A of this section and the offset amount reverts to the budget stabilization fund.
Sec. 30. Appropriation; border environmental study; report; exemption; reimbursement
A. The sum of $200,000 is appropriated from the budget stabilization fund in fiscal year 2006-2007 to the state land department to enter into a contract with a private contractor for an environmental impact study of the effects of illegal immigration on state lands in the southern Arizona border counties.
B. The request for proposals shall be developed by the state land department in consultation with the department of environmental quality and the Arizona game and fish department.
C. The study shall include the vehicular and foot traffic effects of illegal immigration on habitat, animal and plant life and any other adverse environmental effects.
D. A report of the findings of the study shall be submitted by the state land department to the speaker of the house of representatives and the president of the senate by December 1, 2007.
E. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
F. Any federal monies provided to this state for a border environmental study shall be used to offset the appropriation made in subsection A of this section and the offset amount reverts to the budget stabilization fund.
Sec. 31. Appropriation; auditor general; federal audits; exemption; reimbursement
A. The sum of $150,000 is appropriated from the budget stabilization fund in fiscal year 2006-2007 to the auditor general for the purpose of contracting with a third party to conduct any fiscal audits that are federally required.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
C. Any federal monies provided to this state for the auditor general to conduct audits shall be used to offset the appropriation made in subsection A of this section and the offset amount reverts to the budget stabilization fund.
Sec. 32. Funding for peace officer training; investigating violations of federal immigration laws
Programs to train peace officers to investigate violations of federal immigration laws by the department of public safety, county sheriffs and police departments of cities and towns pursuant to section 11-1051, subsection D, Arizona Revised Statutes, as added by this act, shall be funded by federal funds that are received by this state.
Sec. 33. Severability; construction
A. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
B. All provisions in this act that are relevant to immigration or the classification of aliens shall be construed to be in conformity with federal immigration law.
Sec. 34. Delayed repeal
Section 41-1292.01, Arizona Revised Statutes, as added by this act, is repealed from and after December 31, 2009.
Sec. 35. Legislative intent
It is the intent of the legislature that law enforcement agencies and personnel fully comply with sections 11-1051 and 41-1702, Arizona Revised Statutes, as added by this act, to accomplish the goal of supplementing the efforts of federal law enforcement agencies to stop human smuggling and trespassing by illegal aliens and by transferring illegal aliens to such agencies, notwithstanding any local law enforcement policies that would otherwise inhibit such compliance.