terrorism; Arizona homeland
security act
HB 2688 enacts measures to secure Arizona homeland security, especially pertaining to terrorist activities.
The following provisions are effective through December 31, 2007.
· Allows the director to establish rules governing aircraft used for aerial application as well as seeds, fertilizer materials and pesticides used in aerial application. These rules include:
· Record keeping.
· Annual aircraft registration.
· Secure storage of aircraft.
· Secure storage and distribution of seeds, fertilizer materials and pesticides.
· Information regarding area of application.
· Reporting any purchase, sale, lease, rental or transfer of such an aircraft to another person.
· Strikes the provision that it is a class three felony to knowingly make any type of false statement, misrepresentation or omit a material entry in any application, statement, record, receipt, report or any other document relating to transmitting money.
· Expands on the types of activities that should be reported to the attorney general by a licensee, authorized delegate of a licensee or money transmitter, and stipulates that these activities must involve five thousand dollars or more in funds or other assets.
· Changes the time period allowed for a licensee, authorized delegate of a licensee or money transmitter to file a report with the attorney general of any suspicious activity from fifteen to thirty days.
· Defines money accumulation business and trade or business.
· Requires a licensee or authorized delegate to retain a record of each transaction that involves transmitting money, whether sending or receiving, in an amount of one thousand dollars or more, and requires that each record contain the following information: Name and social security number, or taxpayer identification number, of both of the parties/entities involved in the transaction, the type and number of the customer’s verified photographic identification, the customer’s current occupation, current residential address, signature and an inkless fingerprint of the right index finger. This provision exempts transactions by which the licensee’s customer is making a bill payment to a commercial creditor or to a utility company.
· Adds to the information required in a licensee’s records, regarding an authorized delegate, to include the identification of the provider and the material and instruction that was provided.
· Requires the records created pursuant to this section to be made available at all times to the attorney general, a county attorney or the superintendent and requires the licensee or authorized delegate to maintain these records for three years, after which they shall be delivered to the attorney general.
· Requires the attorney general to make these records available only to a county attorney or the superintendent and only for the purpose of civil or criminal prosecution, the prevention or detection of fraud or other criminal conduct.
· Allows the attorney general, along with the superintendent, to determine whether reasonable grounds exist for requiring additional record keeping and reporting to carry out the purposes of and prevent the evasion of this chapter, and changes the time period that this provision shall be effective from sixty to one hundred eighty days, unless renewed by the superintendent.
· Allows the attorney general, along with the superintendent, to exempt any group of licensees or authorized delegates from the requirements of keeping records for transactions of one thousand dollars or more.
· Ensures that any person/entity complying with the provisions of this section shall not be liable to any other person/entity under any law, rule, contract or disclosure.
· Classifies an act of terrorism that causes a death as murder in the first degree, through December 31, 2007.
· The following provisions are effective through December 31, 2007.
· Defines biological agent, communication service provider, material support or resources, public establishment, terrorism, toxin, vector and weapon of mass destruction.
· Expands the definition of financial institution and racketeering.
· Adds the definition of money laundering in the first degree, and expands the definition of money laundering in the second degree.
· Adds the definition money laundering in the third degree and establishes it as a class 6 felony.
· States that, in addition to any other criminal or civil remedy, if a person commits first or second degree money laundering as part of a pattern of violations that involve a total of one hundred thousand dollars or more in any twelve month period, the person is subject to forfeiture of substitute assets in an amount that is three times the amount that was involved in the pattern, including conduct that occurred before and after the twelve month period.
· Establishes that authorized delegate, licensee, money transmitter and transmitting money have the same meaning as prescribed in section 6-1201.
· Establishes that falsely alters a written instrument, falsely completes a written instrument, falsely makes a written instrument, forged instrument, personal identifying information and written instrument have the same meaning as prescribed in section 13-2001.
· Establishes that financial institution, financial instrument and racketeering have the same meaning as prescribed in section 13-2301.
· Establishes that acquire and proceeds have the same meaning as prescribed in section 13-2314.
· Establishes that superintendent has the same meaning as prescribed in section 6-101, trade or business has the same meaning as prescribed in section 162 of the Internal Revenue Code of 1954 and includes the money accumulation business.
· Mandates that through December 31, 2007 impersonating a peace officer or fire fighter is a class 6 felony.
· Clarifies that when a person commits the crime of adding poison, poison includes any bacterium, virus or chemical compound.
· States that, through December 31, 2007, a person is considered to pose a substantial danger to another person or the community and is therefore not admitted to bail if the crime the person committed is terrorism, as defined in section 13-2308.01.
· Provides that the governor may order the national guard to perform training or any other duty that is authorized under the act of August 10, 1956 and under regulations that are prescribed by the President of the United States, the Secretary of Defense, the Secretary of the Army, the Secretary of the Air Force or the Chief of the National Guard Bureau.
· Provides that if the governor orders any or all part of the National Guard or the unorganized militia to perform training or duty, the members of the National Guard or the unorganized militia shall have the same protections that are afforded to persons on federal active duty.
Arizona National Guard Computer Emergency Response Team
· Requires the Adjutant General to organize an Arizona National Guard Computer Emergency Response Team for the purpose of protecting the state National Guard networks, and shall adopt procedures for the protection of physical and information infrastructure, through December 31, 2007.
· Allows the Arizona National Guard Computer Emergency Response Team to establish a memorandum of agreement with the United States Department of Defense Computer Emergency Response Team to establish information sharing for both threat and vulnerability information.
Statewide Infrastructure Protection Center
· Establishes a Statewide Infrastructure Protection Center, through December 31, 2007, to coordinate and integrate the protection of physical and information infrastructure for this state.
· Requires the duties of the Statewide Infrastructure Protection Center to:
· Provide a state focal point for gathering information on threats to information infrastructures and serve as a statewide critical infrastructure threat assessment, warning, vulnerability and response entity.
· Provide the principal means of facilitating and coordinating the state government’s response to an incident, investigating incidents, mitigating attacks, investigating threats and monitoring reconstitution efforts.
·
Coordinate
with political subdivisions of this state, and share information with the private
sector, to achieve a statewide information assurance awareness which will emphasize the
improvement of infrastructure security in alerting and reporting of attacks and
developing of safeguards.
·
Assist
state agencies in the implementation of both physical and information assurance
of the infrastructure.
·
Establish
a memorandum of agreement with the Arizona National Guard Computer Emergency Response Team to
establish information
sharing for both threat and vulnerability information.
·
Adopt
rules for the implementation of the procedures for protecting the physical and
information
infrastructure as required by this article.
·
Authorize
funding for the information infrastructure protection requirements to come from the
Information Technology Fund.
·
Submit
an annual report and a schedule for completion of a plan, on or before December
31 of each year, to the Governor, the Director, the Government Information
Technology Agency, or its successor, the President of the Senate, the Speaker
of the House of Representatives, the chairperson of the Senate Government
Committee, or its successor committee and the chairperson of the House Energy,
Utilities and Technology Committee, or its successor committee.
·
Forbids
any state agency or political subdivision or any employee of said agency or
subdivision to furnish any plans or specifications of any public buildings or
public works facilities to any person for inspection or copying.
·
Allows
any state agency or political subdivision or any employee of said agency or
subdivision to furnish any plans or specifications of any public buildings or
public works facilities for inspection or copying to any of the following
persons:
·
A
governmental entity that owns said building or facility.
·
A
contractor that is engaged in the construction of or bidding on the
construction of the building or facility.
·
Any
person or entity if it is determined that the release of the information will
not jeopardize the safety of the public or create a risk of damage to the
public property.
·
Any
person if it is required by law.
·
Defines
pubic works facility.
The
following provisions are effective through December 31, 2007.
·
Excludes
the following from being subject to the provisions of article 38-431.01 which
states that all meetings of any public body shall be public meetings:
·
Any
portion of a public meeting that would reveal information related to a
comprehensive emergency management plan that addresses the response of a
hospital to an act of terrorism.
·
Any
portion of a meeting that would reveal a security system plan or portion of
said plan that is confidential and exempt pursuant to section 39-127.
·
Excludes
the following from section 39-121 which states that public records shall be
available to any person:
·
The
portions of a comprehensive emergency management plan that addresses the
response of a public or private hospital to an act of terrorism.
·
The
portions of a security system plan for any public or private property that is
in the possession of any agency or political subdivision of this state.
·
Lists
the specific portions of a comprehensive emergency management plan and a
security system plan that are excluded pursuant to 39-121.
·
Includes
cellular telephone numbers and pager numbers to the items of personal
information pertaining to peace officers and prosecutors that are not required
to be disclosed by a law enforcement agency or employing state or local
governmental entity and allows peace officers who are no longer employed as
peace officers to be included in this section.
·
Provides
that information concerning the type or amount of pharmaceutical materials or
the location of any pharmaceutical depository maintained or directed by an
agency of this state or an agency of a political subdivision of this state as a
response to an act of terrorism to be exempt from section 39-121 which requires
all records from a public entity be available to any person.
·
Allows
a public body that is the custodian of a public record, except for an arrest
record or a record of initial appearance, to delay the inspection or copying of
that public record for up to forty-eight hours at the request of the attorney
general or county attorney if all of the following are certified in writing:
·
The
specific public record.
·
The
public record is necessary for an investigation related to the threat of an act
of terrorism.
·
The
public record is part of active criminal intelligence information or active
criminal investigative information related to the threatened act of terrorism.
·
The
inspection or copying of the specified public record would jeopardize the
ability of law enforcement to prevent or reduce the threat of an act of
terrorism.
·
The
specific time period during which inspection or copying is to be delayed.
·
The
request is made pursuant to this section.
·
Prohibits
the public body to which the request is made for a public record from
permitting the specified record to be inspected, copied or released in any form
or as part of a more comprehensive request for information during the period
specified for delay, of not more than 48 hours, unless that record is an arrest
record or a record of first appearance.
·
Allows
a law enforcement agency to petition for an extension of the period during
which inspection or copying of a public record is delayed by applying to the
superior court for an extension before the expiration of the period already
specified for delay.
·
Allows
the court to extend the period during which inspection or copying of a public
record is delayed for an additional fourteen days provided the requesting law
enforcement agency establishes by clear and convincing evidence that all of the
following apply:
·
There
is a viable threat of an act of terrorism.
·
The
public record constitutes active criminal intelligence information or active
criminal investigative information related to that threatened act of terrorism.
·
Inspection
or copying of the public record would jeopardize the ability of law enforcement
to prevent or reduce the threatened act of terrorism.
·
The
requesting law enforcement agency has complied with all other requirements of
this section.
·
Exempts
the record of a request from a law enforcement agency for a record held by
another public agency and the response from said agency from section 39-121
during the period in which the information contained in the public record
constitutes active criminal intelligence information or active criminal
investigative information. The law
enforcement agency shall notify the public body when the investigations are no
longer active and the records will be made available to the public.
·
Allows
the director to contract with a county or municipality or with a private
security agency to provide and maintain the security of buildings and grounds
on any terms that the director determines to be in the best interest of this
state.
·
Allows
the director to establish rules relating to the reporting of suspicious persons
or incidents involving buildings or grounds under the director’s
jurisdiction.
·
Allows
the director to establish rules relating to emergency procedures and evacuation
routes in the event of fire, security threats, incidents prompting a need for
evacuation, acts of terrorism and natural or manmade disasters.
·
Requires
the director to employ only police officers who are certified by the Arizona
Peace Officer Standards and Training Board for protection and security of state
buildings and grounds.
The
following provisions are effective through December 31, 2007.
·
Requires
DPS to work closely with different agencies with respect to counterterrorism
efforts, responses to acts of terrorism within or affecting this state and
other matters affecting the domestic security of this state as it relates to
terrorism. These agencies include, the
Division of Emergency Management, other federal, state and local law
enforcement agencies, fire and rescue agencies, first responder agencies and any
other agencies or persons that are involved in preparing against or responding
to acts of terrorism in this state.
·
Requires
the director of DPS to compile a report, including recommendations from the
Chief of Domestic Security, and prioritize items that require funding,
highlighting any critical domestic security needs that require immediate or
top-priority funding. The director shall submit this report to the Governor,
the President of the Senate, the Speaker of the House of Representatives and
others.
·
Adds
two divisions to DPS: Fingerprinting and Domestic Security &
Counterterrorism Intelligence.
·
Requires
DPS, in cooperation with the Department of Emergency and Military Affairs and
the Government Information Technology Agency, to conduct a vulnerability
assessment of this state’s critical infrastructure and to issue a report that
includes a monthly activity summary from the Statewide Infrastructure
Protection Center.
· Requires DPS to submit this report to the Governor, the President of the Senate, the Speaker of the House of Representatives and shall be made available to the public so long as the report does not compromise security or expose any vulnerabilities.
· Defines critical infrastructure.
· Requires DPS to provide security and protection for the governor’s office in addition to the Governor and the governor’s family as already provided in statute.
· Requires DPS, on the request of the governor, to provide security and protection to any of the following:
· Visiting governors and their families.
· Persons who are visiting this state if the primary purpose of the visit is for a public purpose and to promote this state’s development.
· Persons for whom the failure to provide transportation or security could result in a clear and present danger to the person or could result in public embarrassment to this state.
· Requires DPS to submit a report, on January 15 and July 15 of each year, that includes a list of all security services that were performed in the last six months, including the names of the persons who received the security services, and the nature of the state business that was performed, along with a detailed accounting of the cost of the services. This report shall be submitted to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Secretary of State and the director of the Arizona State Library.
Domestic Security and Counterterrorism Intelligence Division
· Establishes the Domestic Security and Counterterrorism Intelligence Division in the Department of Public Safety and mandates that the division shall:
· Gather, document and analyze active criminal intelligence and investigative information relating to terrorism, including groups that operate in this state or otherwise commit acts affecting this state.
· Maintain and operate the Domestic Security and Counterterrorism Database.
· Provide support and assistance to federal, state and local law enforcement agencies and prosecutors that investigate or prosecute terrorism.
Domestic Security and Counterterrorism Database
· Establishes the Domestic Security and Counterterrorism Database and requires it to include active criminal intelligence and investigative information that is submitted by federal, state or local law enforcement agencies and prosecutors, as well as information that is available from any other law enforcement database.
· Requires the database to be capable of performing data review and processing that may reveal patterns, trends or correlations that are indicative of potential or actual terrorist activities within or affecting this state.
· Allows DPS to establish the methods and parameters by which information and data are transferred to the Domestic Security and Counterterrorism Intelligence Division for inclusion in the database. The information in the database shall be available to federal, state and local law enforcement agencies and prosecutors as prescribed by law.
· Outlines the parameters by which information in the database are not subject to public disclosure.
Chief of Domestic Security
· Authorizes the director of DPS to appoint a Chief of Domestic Security who is exempt from the state personnel system and is compensated pursuant to section 38-611.
· Requires the Chief of Domestic Security to:
· Coordinate the efforts of the Department in the ongoing assessment of this state’s vulnerability and ability to detect and respond to acts of terrorism.
· Conduct specific security assessments of buildings and facilities that are owned or leased by this state, or any city, town or county of this state, and to prepare reports that include recommendations for minimum security standards or security enhancement needs, a prioritization of said needs, and recommendations on ways in which to maximize federal funding in support of building and facility security. The report shall be submitted to the Governor, the President of the Senate, the Speaker of the House of Representatives, the director of DPS, the Secretary of State and the director of the Arizona State Library.
· Develop and submit best practices for safety and security to the Governor, the President of the Senate, the Speaker of the House of Representatives and the director of DPS, and shall review the best practices at least once each year.
· Collect proposals to limit this state’s vulnerability to terrorism.
· Cooperate with the Domestic Security Task Force to accomplish said duties.
· Use public or private resources to perform said duties.
· Work in conjunction with the Division of Emergency Management, the Domestic Security Task Force and any other state entity that is responsible for establishing training standards for law enforcement, fire, emergency and other first responder personnel and identify both:
· Appropriate equipment and training needs, curricula and materials relating to an effective response to suspected or actual acts of terrorism or incidents involving real or hoax weapons of mass destruction.
· Funding sources for the purposes of equipping, training and outfitting response personnel.
· Perform any other duties that are prescribed by law.
· Authorizes the Chief of Domestic Security to solicit private entities for the purpose of conducting security assessments and, on request of a private entity, conduct specific security assessments of any building or facility owned by the private entity.
Domestic Security Task Force
· Establishes the Domestic Security Task Force consisting of the following members:
· The director of DPS or the director’s designee. This member shall act as chairperson of the task force in odd-numbered years.
· The director of the Division of Emergency Management or the director’s designee. This member shall act as chairperson of the task force in even-numbered years.
· The director of the Department of Health Services or the director’s designee.
· For each set of the following governor appointed members, one shall be from a county with a population of one million or more persons and one from a county with a population of less than one million persons:
· Two sheriffs.
· Two police chiefs.
· Two fire chiefs
· Two volunteers of a medical rescue program.
· Two county attorneys.
· The Chief of Domestic Security.
· Employees of DPS who are appointed by the director of DPS.
· Requires the task force to:
· Coordinate counterterrorism efforts among local, state and federal resources to ensure that counterterrorism efforts are not fragmented or unnecessarily duplicated.
· Coordinate training for local and state personnel to counter terrorism.
· Coordinate the collection and dissemination of criminal investigative and intelligence information.
· Facilitate responses to terrorist incidents.
· Work to ensure that hate-driven acts against ethnic groups that may have been targeted as a result of acts of terrorism are investigated and responded to appropriately.
· Meet quarterly, or more frequently, on the call of the chairperson or a majority of the members of the task force.
· Mandates that the governor appointed members shall serve five year terms and not more than two terms.
· States that members of the task force will not receive compensation, but may be eligible for reimbursement of specified expenses.
· States that the task force is subject to statutes relating to public meetings and public records except that the task force is exempt from disclosing records that reveal the identity of a confidential informant, endanger the life or physical safety of any person, or jeopardize any ongoing criminal investigation.
· Allows DPS the option of providing staff and other administrative support for the task force.
· Establishes the program termination date of December 31, 2007.
Computer Emergency Response Team
The following provisions are effective through December 31, 2007.
· Establishes a Computer Emergency Response Team under the director of DPS as chief information officer for information technology, or the director’s designee.
· Requires the team to:
· Coordinate and implement information infrastructure protection in cooperation with the Statewide Infrastructure Protection Center.
· Establish a strategic plan for information assurance.
· Coordinate with political subdivisions of this state and share information with the private sector for statewide information assurance awareness, emphasizing improving information assurance in alerting and reporting of attacks and developing of safeguards.
· Assist state agencies in the implementation of information assurance within the individual agencies including assigned information assurance functions within the strategic planning and performance measurement framework of their information technology plans. Each state agency shall develop a capability to detect and report to the computer emergency response team attacks and intrusions on their systems from unauthorized and authorized users. DPS may investigate any incident arising under this article.
· Coordinate a review of existing federal, state and local entities charged with information assurance tasks and provide recommendations on how these institutions can cooperate most effectively.
· Establish a memorandum of agreement with the Arizona National Guard Computer Emergency Response Team to establish information sharing for both threat and vulnerability information.
· Provide a state focal point for gathering information on information technology vulnerability, threats and attacks, and to serve as a statewide assessment and response entity.
· Provide the principal means of facilitating and coordinating the state government’s response to information systems threats and attacks, investigating incidents, mitigating attacks and monitoring reconstitution efforts.
· Adopt rules for the implementation of the procedures for information assurance as required by this article.
· Provide funding for the requirements of this section from the Information Technology Fund.
· Submit an annual report and a schedule for completion of a plan, with milestones for accomplishing its computer emergency response duties, on or before December 31 of each year, to the following people:
· The Governor.
· The director of Emergency Management of the Department of Emergency and Military Affairs.
· The director of the Government Information Technology Agency.
· The President of the Senate.
· The Speaker of the House of Representatives.
· The chairperson of the Senate Government Committee, or its successor committee.
· The chairperson of the House Energy, Utilities and Technology Committee, or its successor committee.
· Requires, through December 31, 2007, all applicants for a paid sworn fire fighter position or a reserve fire fighter position to submit a full set of fingerprints to the applicable fire district who shall submit the fingerprints to DPS.
· Clarifies existing language and makes technical and conforming changes throughout.
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45th Legislature
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Second Regular Session 9 March
20, 2002
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