House of Representatives

SB 1108

military airports; school construction; expansion

Sponsor: Senator Cirillo

f	Committee on Military, Veterans' Affairs & Aviation
	Committee on Education
	Caucus and COW
	Third Read
	As Passed the House

SB 1108 prohibits a school district governing board from constructing any new school building or expanding an existing school building located in a high noise or accident potential zone of a military airport.

Current Status

SB 1108 failed to pass in the Military, Veterans’ Affairs & Aviation Committee.

There will be a proposed strike-everything amendment offered in the Military, Veterans’ Affairs & Aviation Committee.

The proposed strike-everything amendment to SB 1108 enacts measures to secure Arizona homeland security, especially pertaining to terrorist activities.

Provisions of the proposed strike-everything amendment

Banks and Financial Institutions

· Defines money accumulation business and trade or business.

· Removes the provision that defines a class three felony with regard to making a false statement or omitting a material entry on any financial application, statement, account record and other miscellaneous financial documents.

· Expands the provision that defines a class six felony to include the crime of refusing to make records available to the appropriate authorities.

· Includes a county attorney, along with the superintendent and the attorney general, to be allowed access to financial records pursuant to an investigation.

· Requires a money transmitter, licensee, or authorized delegate, to report to the attorney general any transaction activity aggregating five thousand dollars or more in funds, or other assets, if the money transmitter or licensee knows or suspects that the activity either:

· Involves funds that are derived from illegal activities, or is part of a plan to violate or evade any law or regulation or to avoid any transaction reporting requirement.

· Has no business or apparent lawful purpose or is not the sort of activity in which the particular customer would normally be expected to engage in.

· Changes the time period allowed to file a report with the attorney general of suspicious money transfer activity from fifteen to thirty days.

· Requires a license or authorized delegate to retain a record of each transaction that involves transmitting money in an amount of three thousand dollars or more, and requires that each record contain the following information:

· Name and social security number or taxpayer identification number, or 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 and residential address.

· The signature and an inkless fingerprint of the right index finger.

· Exempts the above requirement if 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 turned over to the attorney general.

· Restricts the use of these records to purposes of criminal and civil prosecution and the prevention and detection of fraud or other criminal conduct.

· Authorizes the attorney general to have the same power as the superintendent regarding requirements of additional record keeping.

· Allows the attorney general and the superintendent to exempt any group of licensees or authorized delegates from the requirements of keeping records for transactions of three thousand dollars or more.

· Changes the time period that additional requirements of record keeping and/or exemption from record keeping shall be effective from sixty to one hundred eighty days unless renewed by the superintendent.

· Ensures that any person/entity complying with the provisions of the section shall not be liable to any other person/entity under any law, rule, contract or disclosure.

Homicide

· Classifies an act of terrorism that causes a death as murder in the first degree.

Organized Crime and Fraud

· Expands the list of activities that are considered terrorism, and outlines the circumstances by which specified persons are exempt from these classifications.

Money Laundering

· Establishes the definition of money laundering in the first degree.

· Adds to the definition of money laundering in the second degree.

· States that, in addition to any other criminal or civil remedy, money laundering in the first or second degree as part of a pattern of violations involving $100,000 or more in any twelve month period subjects the person to forfeiture of substitute assets in an amount three times the amount involved in the pattern, including conduct that occurred before and after the twelve month period.

Escape and Related Offenses

· Establishes that hindering prosecution in the first degree that involves terrorism or murder is a class three felony.

Terrorism Hoax

· Creates the new crime of committing a terrorism hoax and allows a person to be charged under this crime if the person intentionally or knowingly engages in conduct that both:

· Is likely to impart the false impression that an act of terrorism is taking place or will take place.

· Would reasonably be expected to cause or that causes an emergency response by a government agency.

· States that persons convicted of the crime are liable for any expenses incurred incident to the emergency response and investigation costs. Public agencies and for profit and nonprofit entities that incur expenses may collect the debt Proportionally.

· Establishes joint and several liability for persons convicted of this offense.

· Classifies terrorism hoax as a class four felony.

Eavesdropping and Communication

· Expands the definitions of pen register and trap and trace device.

· Exempts a provider who reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies the disclosure of the contents to a law enforcement agency without delay.

· Exempts a person who divulges records or other information pertaining to a customer if the information is released either:

· As authorized by law.

· With the customer’s consent.

· Because release is necessary incident to the rendition of the service or for the protection of the rights or property of the provider of that service.

· To any person other than a governmental agency.

· States that a judge’s order to allow the installation and use of a pen register or trap and trace device must be in accordance with an ongoing criminal investigation. The order applies to any person or entity that provides wire or electronic communication service in this state, or that does business in this state, and whose assistance may facilitate the execution of the order.

Weapons & Explosives

· Establishes it is a class three felony if a person commits misconduct involving weapons by knowingly using, possessing or exercising control over a deadly weapon during any act of terrorism or possessing or exercising control over a deadly weapon knowing or having reason to know that it will be used to facilitate any act of terrorism.

Miscellaneous Offenses

· Clarifies that the crime of poisoning food, drink or medicine includes adding bacterium, virus or chemical compounds.

· Allows the court to delay, for a reasonable period of time, the required receipt (necessary for any property taken with a search warrant) if all of the following apply:

· Delay is necessary to protect the safety of any person or to prevent flight from prosecution, tampering with evidence, intimidation of witnesses or jeopardizing an investigation.

· Reasonable necessity for the seizure, the warrant prohibits the seizure of any tangible property, any wire or electronic communication, or any stored wire or electronic information.

· An extension may be granted on an application and judicial finding for a period of not more than ten days.

· Defines electronic communication and wire communication.

· States that a person who engaged in conduct constituting a violent offense imposes a substantial danger to another person or the community and shall not be admitted to bail. A violent offense includes a dangerous crime against children and/or terrorism.

National Guard

· Provides that if the governor orders the National Guard to perform training or duty, the members of the National Guard shall have the same protections afforded to persons on federal active duty.

· Allows the governor to 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.

Public Health and Safety; Pure Food Control

· Prohibits introducing, adding or mingling any poison, bacterium, virus or chemical compound with any food and establishes this crime as a class six felony.

Public Records

· Provides that a request by a law enforcement agency to inspect or copy a public record held by another public body, the custodian’s response to the request and any information that would identify the public record that the law enforcement agency requested or the custodian provided, are exempt from section 39-1212, which state that public records must be made available to the public at all times, during the period in which the information contained in the public record constitutes active criminal intelligence information or active criminal investigative information.

· Requires the law enforcement agency to give written notice to the public body when the criminal intelligence information or criminal investigative information is no longer active. The public body’s response to the request and information that would identify the public record requested shall be made available to the public.

Department of Public Safety

The following provision is 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 Department of Public Safety to exchange criminal justice information between the central state repository of the Arizona criminal justice information system and licensees of the U.S. Nuclear Regulatory Commission for the purpose of determining whether an individual should be granted unescorted access to the protected area of a commercial nuclear generating station on submission of the person’s fingerprints and the prescribed fee.

Miscellaneous

· Makes changes that conform Arizona law to federal law.

· Makes technical and conforming changes.

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· 45th Legislature

· Second Regular Session 5 April 19, 2002

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