PREFILED NOV 19 2019
REFERENCE TITLE: DPS; ports of entry
State of Arizona
House of Representatives
Second Regular Session
amending sections 28‑369, 28‑4846, 41‑1711 and 41‑1742, 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 specialty 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. A specialty peace officers whose officer's 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.
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 specialty 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. Section 28-4846, Arizona Revised Statutes, is amended to read:
28-4846. Stolen vehicles; inspection; violation; classification
A. For the purposes of enforcing this title or locating stolen vehicles or parts of those vehicles, peace officers may:
1. Inspect a vehicle to examine any vehicle identification number, serial number or other unique distinguishing number, sign or symbol in any public garage, vehicle storage, repair, leasing or rental lot or facility, vehicle equipment rental yard, vehicle salvage pool or other similar establishment.
2. Inspect the title or registration of those vehicles in order to establish their rightful ownership or possession.
B. Peace officers may also inspect a bicycle, an implement of husbandry, special construction equipment and a motor vehicle designed for off‑highway use that is on the premises described in subsection A of this section or if such a vehicle is incidentally operated or transported on a highway.
C. Inspections shall be conducted at a time and in a manner that minimizes any unreasonable interference with or delay of the business operation.
D. If information comes to the attention of the person conducting an inspection pursuant to this section that may necessitate obtaining a search warrant and if steps are promptly initiated for the procurement of a search warrant, the persons conducting the inspection may take all necessary steps to secure the premises under inspection until the warrant application is acted on by a judicial officer.
E. Off‑duty officers and officers employed in a law enforcement capacity to conduct inspections pursuant to this section, including specialty peace officers designated by the director pursuant to section 28‑369, may access any state or national criminal information system to determine if a vehicle is stolen.
F. A person who refuses to permit inspection under this section is guilty of a class 1 misdemeanor.
Sec. 3. Section 41-1711, Arizona Revised Statutes, is amended to read:
41-1711. Department of public safety; purpose; location; qualifications of director; responsibilities
A. There shall be a department of public safety which that is responsible for creating and coordinating services for use by local law enforcement agencies in protecting the public safety. The principal office and headquarters of the department shall be in Phoenix.
B. The department shall formulate plans with a view to establishing modern services for prevention of preventing crime, apprehension of apprehending violators, training of law enforcement personnel, and the promotion of promoting public safety. The department shall in no way not preempt the authority and jurisdiction of established agencies of political subdivisions of the this state.
C. The director shall be selected on the basis of training and experience with a minimum of five years' experience in the administration of law enforcement.
D. The director shall be appointed by the governor pursuant to section 38‑211 to serve concurrently with the appointing governor and shall be is subject to removal for cause, including but not limited to malfeasance, misfeasance and nonfeasance in office. The director shall receive annual compensation as determined pursuant to section 38‑611.
E. The director shall be is directly responsible to the governor for the conduct and the administration of the department. If the director is unable to act, the deputy director shall direct the activities of the department during the period in which the director is unable to act. If the director and deputy director are both unable to act, the governor shall direct the activities of the department during the period in which the director and deputy director are both unable to act.
F. The director shall prescribe procedures for use of department personnel, facilities, equipment, supplies and other resources in assisting search or rescue operations.
G. The director shall be is responsible for the establishment, operation and maintenance of the statewide emergency medical services communication system prescribed by section 41‑1835.
H. The director may purchase, lease, equip, staff and operate air ambulances, including ambulance helicopters, pursuant to section 41‑1834.
I. To limit the expenditures of monies derived from the state highway fund established pursuant to article IX, section 14, Constitution of Arizona, to traffic safety and traffic law enforcement purposes, the department of public safety shall:
1. Maintain a strict account of all costs incurred by each function of the department. Such costs shall be determined and allocated between traffic safety or traffic law enforcement functions and all other departmental functions and shall include such costs as wages or salaries, materials or supplies and equipment or facility use.
2. Immediately following the determination of all such costs certify to the governor's office of strategic planning and budgeting the full amount of all such costs relating to the various functions within the department.
J. The governor's office of strategic planning and budgeting shall annually submit a separate report to the legislature compiled from the department's department of public safety's functional costs certification indicating the complete breakdown between those costs which that are related to traffic safety or traffic law enforcement functions and the various other functions within the department of public safety. The director of the department of administration shall include within the director's annual report to the legislature a recommendation for a separate appropriation to reimburse the state highway fund from the state general fund for any expenditures from the state highway fund during the prior fiscal year in excess of the total of all costs related to traffic safety or traffic law enforcement functions of the department of public safety.
K. The director shall establish a special hazardous materials emergency response organizational unit within the department to function as the initial response element of the hazardous materials emergency management program pursuant to section 49‑123.
L. The department is designated as this state's recipient of federal victims of crime act grants.
M. the department has the primary responsibility of enforcing the laws of this state at all ports of entry in this state.
Sec. 4. Section 41-1742, Arizona Revised Statutes, is amended to read:
41-1742. Powers of the division
A. The highway patrol division superintendent may:
1. Adopt rules and regulations governing the policy, procedure and administration of all activities of the patrol.
2. Provide for training the patrolmen.
3. Cause signs to be erected and maintained as are necessary to give notice of any special restrictions.
4. Cooperate with the department of transportation and the Arizona department of agriculture in the enforcement of enforcing laws relating to motor vehicles, except that The highway patrol division may not transfer operational control of a port of entry to the department of transportation or the Arizona department of agriculture.
B. The director of the department of transportation may grant authority to the highway patrol division superintendent to fix temporary speed limits or apply other temporary restrictions when emergency conditions exist. The director of the department of transportation may fix such speed limits, or apply such restrictions when congested traffic or other conditions require restrictions for public safety.
C. The division shall issue to each member of the patrol a badge of authority, with the words "Arizona highway patrol" encircling the badge, and the seal of the this state in the center thereof of the badge and with the designation of the office or rank of the holder below.