AN ACT

Amending title 26, chapter 2, Arizona Revised Statutes, by adding article 4; making an appropriation; relating to border security.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 26, chapter 2, Arizona Revised Statutes, is amended by adding article 4, to read:

article 4.  border security

26-371.  Border security fund

A.  The border security fund is established consisting of legislative appropriations, gifts and grants to the fund for border security purposes along the southern border of Arizona.  The fund is subject to legislative appropriations.

B.  the department of emergency and military affairs shall administer the border security fund and monies in the fund.

C.  the state treasurer shall invest and divest monies in the fund as provided in section 35-313, and monies earned from investment shall be credited to the fund.

Sec. 2.  Appropriations; border radar; exemption

A.  The sum of $25,000,000 is appropriated from the state general fund in each of the fiscal years 2006-2007 and 2007-2008 to the department of emergency and military affairs to lease or purchase a ground based radar system integrated with cameras for the Southern Arizona border for border protection as soon as possible.  The location and implementation of the radar system shall be established by the department of emergency and military affairs in cooperation and consultation with the contractor and federal, state and local governments, Indian tribes and private property owners on the border.

B.  The department of emergency and military affairs shall:

1.  Submit a draft of the request for proposals to the joint committee on capital review within sixty days after the effective date of this act for review.

2.  Enter into a contract with the contractor for installation, management and maintenance of the project within ninety days after the release of the request for proposals. The contract shall contain a list including the number of proposed radar facility locations, the miles of border covered by the proposed radar facility locations and the estimated time for completion of the first and last radar sites.

3.  Submit quarterly reports beginning October 1, 2006, until completion of the project, to the joint committee on capital review for review.  The reports shall detail expenditures, progress on implementation of the project and the timeframes for completion of the first and last radar facility locations.

C.  The appropriations in subsection A of this section shall be reduced by any amount of monies expended by the United States government on a ground‑based radar system as determined by the department of emergency and military affairs and the amount of the reduction shall revert to the border security fund established by this act.

D.  Any monies appropriated in subsection A of this section that are unencumbered and unexpended by July 1, 2008 shall revert to the border security fund established by this act.

Sec. 3.  Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.