Bill Text: AZ SB1284 | 2024 | Fifty-sixth Legislature 2nd Regular | Introduced
Bill Title: Major incident division; repeal
Spectrum: Partisan Bill (Republican 8-0)
Status: (N/A) - [SB1284 Detail]
Download: Arizona-2024-SB1284-Introduced.html
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REFERENCE TITLE: major incident division; repeal |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SB 1284 |
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Introduced by Senators Hoffman: Kern, Wadsack; Representatives Chaplik, Heap, Hendrix, Parker J, Smith
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An Act
amending section 41-1712, Arizona Revised Statutes, as amended by Laws 2022, chapter 311, section 3; repealing title 41, chapter 12, article 4.1, Arizona Revised Statutes; amending Laws 2023, chapter 133, section 24; amending Laws 2023, chapter 133, section 77; appropriating monies; relating to the major incident division.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-1712, Arizona Revised Statutes, as amended by Laws 2022, chapter 311, section 3, is amended to read:
41-1712. Organization of department; divisions
A. The department shall consist of the following divisions:
1. Arizona highway patrol.
2. Narcotics enforcement and criminal investigation.
3. Scientific criminal analysis.
4. Training and education.
5. Major incident division.
B. The department may establish district headquarters and stations at various places in this state, using existing facilities wherever possible, with the personnel and equipment necessary for the proper functioning and operation of the headquarters and stations.
C. The director may establish other divisions or reserves or reorganize or consolidate the department.
Sec. 2. Repeal
Title 41, chapter 12, article 4.1, Arizona Revised Statutes, is repealed.
Sec. 3. Laws 2023, chapter 133, section 24 is amended to read:
Sec. 24. ARIZONA CRIMINAL JUSTICE COMMISSION
2023-24
FTE positions 11.0
Operating lump sum appropriation $ 1,382,100
Law enforcement crime victim
notification fund deposit 10,000,000
Major incident regional law
enforcement task force 600,000
State aid to county attorneys 973,700
State aid to indigent defense 700,000
State aid for juvenile dependency
proceedings fund deposit 2,000,000
Victim compensation and assistance 6,224,600
Total appropriation — Arizona criminal
justice commission $ 21,880,400 $ 21,280,400
Fund sources:
State general fund $ 14,600,000 $ 14,000,000
Criminal justice enhancement fund 708,900
Resource center fund 647,100
State aid to county attorneys fund 973,700
State aid to indigent defense fund 700,000
Victim compensation and assistance
|| fund 4,250,700
Of the $10,000,000 appropriated in the law enforcement crime victim notification fund deposit line item, the Arizona criminal justice commission may use up to $400,000 in fiscal year 2023-2024 to evaluate, certify and pay for any costs associated with the law enforcement crime victim notification fund established by section 41-180, Arizona Revised Statutes.
All victim compensation and assistance fund monies received by the Arizona criminal justice commission in excess of $4,250,700 in fiscal year 2023-2024 are appropriated to the crime victims program. Before spending any victim compensation and assistance fund monies in excess of $4,250,700 in fiscal year 2023-2024, the Arizona criminal justice commission shall report the intended use of the monies to the joint legislative budget committee.
All monies received by the Arizona criminal justice commission in excess of $973,700 in fiscal year 2023-2024 from the state aid to county attorneys fund established by section 11-539, Arizona Revised Statutes, are appropriated to the state aid to county attorneys program. Before spending any state aid to county attorneys fund monies in excess of $973,700 in fiscal year 2023-2024, the Arizona criminal justice commission shall report the intended use of the monies to the joint legislative budget committee.
Sec. 4. Laws 2023, chapter 133, section 77 is amended to read:
Sec. 77. DEPARTMENT OF PUBLIC SAFETY
2023-24
FTE positions 2,105.7
Operating lump sum appropriation $282,733,100
ACTIC 1,450,000
AZPOST 6,576,000
Border drug interdiction 17,145,900
Local border support 12,232,900
Civil air patrol infrastructure 10,000,000*
Civil air patrol maintenance and
operations 150,000
Department of public safety
crime lab assistance 400,000
Fentanyl prosecution, diversion
and testing fund deposit 3,000,000
GIITEM 25,329,700
GIITEM subaccount 2,396,400
Land mobile radio expansion
and upgrades 44,100,000*
Law enforcement retention
initiatives 2,000,000
Major incident division 17,000,000*
Motor vehicle fuel 9,125,800
Onetime vehicle replacement 11,709,300
Pharmaceutical diversion and
drug theft task force 769,100
Public safety equipment 2,890,000
Real-time crime centers 4,100,000
Total appropriation — department of public
safety $453,108,200 $436,108,200
Fund sources:
State general fund $363,993,000 $346,993,000
State highway fund 8,166,700
Arizona highway patrol fund 38,214,500
Criminal justice enhancement fund 2,989,100
Department of public safety
forensics fund 22,985,300
Gang and immigration intelligence
team enforcement mission border
security and law enforcement
subaccount 2,396,400
Motorcycle safety fund 198,900
Motor vehicle liability insurance
enforcement fund 1,032,000
Risk management revolving fund 1,396,900
Parity compensation fund 4,088,100
Public safety equipment fund 2,894,000
Concealed weapons permit fund 3,172,200
Fingerprint clearance card fund 1,581,100
Of the $25,329,700 appropriated to the GIITEM line item, $13,275,800 shall be used for one hundred department of public safety GIITEM personnel. The additional staff shall include at least fifty sworn department of public safety positions to be used for immigration enforcement and border security and fifty department of public safety positions to assist GIITEM in various efforts, including:
1. Strictly enforcing all federal laws relating to illegal aliens and arresting illegal aliens.
2. Responding to or assisting any county sheriff or attorney in investigating complaints of employment of illegal aliens.
3. Enforcing Arizona's law known as the Legal Arizona Workers Act, strictly enforcing Arizona's SB 1070, Arizona's "Support Our Law Enforcement and Safe Neighborhoods Act" and investigating crimes of identity theft in the context of hiring illegal aliens and the unlawful entry into this country.
4. Taking strict enforcement action.
Any change in the GIITEM mission or allocation of monies shall be approved by the joint legislative budget committee. The department shall submit an expenditure plan to the joint legislative budget committee for review before expending any monies not identified in the department's previous expenditure plans.
Of the $25,329,700 appropriated to the GIITEM line item, only $1,403,400 is deposited in the GIITEM fund established by section 41-1724, Arizona Revised Statutes, and is appropriated for the purposes of that section. The $1,403,400 is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations. This state recognizes that states have inherent authority to arrest a person for any immigration violation.
Any monies remaining in the department of public safety joint account on June 30, 2024 revert to the funds from which they were appropriated. The reverted monies shall be returned in direct proportion to the amounts appropriated.
On or before September 1, 2023, the department of public safety shall submit an expenditure plan for the local border support line item to the joint legislative budget committee and the governor's office of strategic planning and budgeting.
The $12,232,900 appropriated for the local border support line item shall be used to fund local law enforcement officer positions for border drug interdiction to deter and apprehend any individuals who are charged with drug trafficking, human smuggling, illegal immigration and other border-related crimes. The monies shall also be used for grants to cities, towns and counties for costs associated with prosecuting and detaining individuals who are charged with drug trafficking, human smuggling, illegal immigration and other border-related crimes. The department may fund all capital-related equipment.
Until all of the monies in the civil air patrol infrastructure line item have been distributed, on or before December 1 of each year, the department of public safety shall submit a report to the joint legislative budget committee on the monies distributed from the civil air patrol infrastructure line item and the intended purposes of the distributions.
Of the amount appropriated for the department of public safety onetime vehicle replacement line item in fiscal year 2022-2023 pursuant to Laws 2022, chapter 313, section 77, $11,709,300 from the state general fund is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to the lapsing of appropriations, until June 30, 2025 for the purpose of vehicle replacement.
Of the amount appropriated for the onetime vehicle replacement line item, $11,709,300 are exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations, until June 30, 2025.
Of the amount appropriated in the real-time crime centers line item, $2,600,000 shall be distributed to the city of Peoria and $1,500,000 to the city of Tucson to operate real-time crime centers that:
1. Use technology to effectively and safely provide assistance to law enforcement agencies and fire departments and districts.
2. Integrate crime investigation technology to provide real-time information to responding law enforcement agencies and fire departments and districts.
3. Are available for use by law enforcement agencies and fire departments and districts that are located in any city, town or county in the region.
Of the amount appropriated in the total appropriation for the department of public safety, $187,051,200 is designated for personal services and $76,864,000 is designated for employee-related expenditures. The department shall submit an expenditure plan to the joint legislative budget committee for review before spending these monies for other than personal services or employee-related expenditures.
Of the amount appropriated in the fentanyl prosecution, diversion and testing fund deposit line item, up to $50,000 and 0.5 FTE positions may be used for costs associated with administering the fentanyl prosecution, diversion and testing fund.
Of the amount appropriated in the operating lump sum, $798,600 is for a onetime increase from the state general fund in fiscal year 2023-2024 for onetime operating expenses. The $798,600 is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
Of the amount appropriated in the law enforcement retention initiatives line item, $1,000,000 shall be used to acquire coaching resources with a special emphasis on improved retention and development of law enforcement professionals at the department of public safety. Resource providers must have coaches with backgrounds in law enforcement who have been trained in coaching with the best practices for law enforcement coaching from current or former federal bureau of investigation national academy instructors and must provide coaching services on an online platform that allows law enforcement professionals to choose a coach that fits their desired area of improvement. The provider must offer a wide array of subject areas and must have analytics to measure impacts specific to improvement, including officer retention.
Of the amount appropriated in the law enforcement retention initiatives line item, $1,000,000 shall be used for a law enforcement recruitment and retention grant program to provide matching grants to county, city and town law enforcement agencies for the purposes of acquiring coaching resources with a special emphasis on improved retention and development of law enforcement professionals at the county, city and town law enforcement agencies. Resource providers must have coaches with backgrounds in law enforcement who have been trained in coaching with the best practices for law enforcement coaching from current or former federal bureau of investigation national academy instructors and must provide coaching services on an online platform that allows law enforcement professionals to choose a coach that fits their desired area of improvement. The provider must offer a wide array of subject areas and must have analytics to measure impacts specific to improvement, including officer retention. The county law enforcement agencies in Maricopa and Pima counties must provide a fifty percent match to receive a grant and county law enforcement agencies in all other counties must provide a twenty-five percent match to receive a grant. The city law enforcement agencies in Phoenix and Tucson must provide a fifty percent match to receive a grant and city and town law enforcement agencies in all other cities and towns must provide a twenty-five percent match to receive a grant. The department of public safety shall establish procedures for applying for grants, and county, city and town law enforcement agencies that receive grant monies must use the monies to obtain recruitment and retention resources and services.
Of the amount appropriated to the department of public safety for onetime K-9 support in fiscal year 2022-2023 pursuant to Laws 2022, chapter 313, section 77, $1,900,000 from the state general fund is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
Of the amount appropriated in the operating lump sum, $1,500,000 is for a onetime increase from the state general fund in fiscal year 2023-2024 for rapid DNA testing and analysis.
Sec. 5. Transfer of monies; retroactivity
A. All monies remaining unexpended and unencumbered on the effective date of this act from the appropriation made by Laws 2023, chapter 133, section 24 related to the major incident regional law enforcement task force are transferred to the state general fund.
C. This section is retroactive to from and after January 7, 2024.
Sec. 6. Effective date
Section 41-1712, Arizona Revised Statutes, as amended by Laws 2022, chapter 311, section 3 and this act, is effective from and after June 30, 2025.
