ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
national guard; counter-drug
activities
Allows the Arizona National
Guard to conduct counter-drug and demand reduction activities in accordance
with the Governor’s Counter-Drug Support Plan and to enter agreements for
aerial counter-drug activity and training with the national guard of other
states. Requires out-of-state training
and aerial counter-drug activities to be conducted in accordance with the
Governor’s plan. Requires permission of
appropriate tribal authorities for the Arizona National Guard to engage in
counter-drug activities on Indian reservation land.
Adopted in 1992, the
National Guard Mutual Assistance Counter-Drug Activities Compact is intended to
provide for the mutual assistance and support among the party states in the
utilization of the national guard in drug interdiction, counter-drug and demand
reduction activities. Under the
compact, the Arizona National Guard can enter into mutual assistance and
support agreements with a national guard of another state for activities within
or without of Arizona. Mission 5b of
the Arizona National Guard’s policy governing the National Guard Counter-Drug
Support Program relating to aerial reconnaissance requires the
reconnaissance/observation of airspace or surface areas for illegal drug
activities. However, another policy
requires operational counter-drug missions by the Arizona National Guard within
the borders of other states to first establish written memoranda of
understanding with the other state or provide notice of the intent to cross the
state’s borders. At the present time,
no specific authorization exists for the Arizona National Guard to cross state
lines while supporting local law enforcement entities’ antidrug activities
unless the other state has adopted the compact.
The combination of removing
statutory limitations regarding antidrug operations outside of this state and
the repeal of the compact would allow the Arizona National Guard to operate in
accordance with the Governor’s Counter-Drug Support Plan, an annual plan
required by federal law. The Governor’s
annual state plan allows operations to be conducted outside of Arizona pursuant
to a memorandum of agreement with the other state only if required by state
law. This legislation, in essence,
removes the requirement and allows for aerial counter-drug operations and
training in other states.
No fiscal impact has been
determined for this legislation.
1. Allows the Arizona National Guard to engage in counter-drug and demand reduction activities in accordance with the Governor’s annual state plan.
2. Allows the Arizona National Guard to enter into agreements with the national guard of other states to conduct aerial counter-drug operations and training in accordance with the Governor’s Counter-Drug Support Plan.
3. Allows the Arizona National Guard to engage in counter-drug and demand reduction activities on reservation land only after:
a. a request by a law enforcement agency or the Arizona National Guard, and
b. the permission of tribal authorities.
4. Stipulates that the Arizona National Guard may enter into counter-drug activity agreements with law enforcement entities operating in Arizona.
5. Removes limitation that Arizona National Guard counter-drug and demand reduction activities be conducted in the state.
6. Removes limitation that the Arizona National Guard may enter into mutual assistance and support agreements only for activities within the state.
7. Removes ability of Arizona National Guard to request national guard members to serve as volunteers to conduct drug interdiction activities.
8. Repeals the National Guard Mutual Assistance Counter-Drug Activities Compact.
9. Makes conforming changes.
10. Provides for a general effective date.
Amendments Adopted by Committee of the Whole
1. Allows the Arizona National Guard to engage in counter-drug and demand reduction activities on reservation land only after:
a. a request by a law enforcement agency or the Arizona National Guard, and
b. the permission of tribal authorities.
2. Restricts the activities that the Arizona National Guard may conduct, through agreements with the national guard of other states, to training and aerial counter-drug operations.
3. Requires out-of-state training and aerial counter-drug activities to be in accord with the Governor’s annual state plan.
Senate Action
GOV 1/8/01 DP 6-0-0-0
3rd Read 1/17/01 28-1-1-0
Prepared by Senate Staff
January 17, 2001