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REFERENCE TITLE: ADOT; ports of entry; reporting |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2447 |
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Introduced by Representative Fillmore
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AN ACT
amending section 28‑369, Arizona Revised Statutes; relating to the department of public safety.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-369, Arizona Revised Statutes, is amended to read:
28-369. Law enforcement powers; ports of entry; violation; classification
A. The director and officers, agents and employees of the department or local or state law enforcement agencies the director designates are peace officers. The director may designate:
1. Regular peace officers with like authority of other peace officers of this state or cities and towns of this state.
2. specialty peace officers whose powers are limited to the enforcement of motor vehicle laws and rules.
B. The director and designated officers, agents and employees may exercise the powers prescribed in subsection A of this section throughout this state within five miles of a port of entry that is controlled by this state and within one mile of a port of entry that is on the border between this state and mexico.
C. A regular specialty peace officer designated pursuant to subsection A, paragraph 1 of this section:
1. Shall meet the minimum qualifications established for peace officers pursuant to section 41‑1822.
2. Except as provided in title 38, chapter 5, article 4, is not eligible to participate in the public safety personnel retirement system.
D. This section does not preempt the authority and jurisdiction of established agencies and political subdivisions of this state.
E. A peace officer as defined in section 41‑1701 or a peace officer designated in subsection A of this section may require a vehicle that is subject to the fee in section 28‑5433 or the requirements of sections 28‑2321, through 28-2322, 28-2323 and 28‑2324 to stop at a port of entry in this state for the purpose of enforcing a motor vehicle law prescribed in this title. A person who fails to stop as required by this subsection is guilty of a class 1 misdemeanor.
Sec. 2. Department of transportation; report
A. On or before November 1, 2021, the department of transportation shall report to the joint legislative budget committee the following information:
1. The number of vehicles that are used for law enforcement activities.
2. The type of equipment that is used for law enforcement activities.
3. The number of officers in the enforcement compliance division and the salaries of those officers.
4. The number of civilian employees in the enforcement compliance division and the salaries of those employees.
5. The number of citations issued and vehicles stopped by the department of transportation enforcement compliance division.
6. All other information relating to funding sources and expenditures for the department of transportation enforcement compliance division.
B. The purpose of this report is to allow the department of public safety to evaluate a transition of law enforcement activities from the department of transportation enforcement compliance division to the department of public safety.