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Interstate Compact to Build a Border Fence

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Interstate Compact to Build a Border Fence
Formation date: 2011
Member jurisdictions: 1
Issue(s): Boundaries
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The Interstate Compact to Build a Border Fence is an interstate compact of which Arizona is the only member state. The compact authorizes the governor to construct and maintain "a physical or virtual fence as close as practicable to the Arizona-Mexico border line that is located on private, state or federal property if permitted." Unlike many other interstate compacts, the Arizona law empowers the governor to proceed with construction of the fence without any other states enacting the compact.[1]

Text of the compact

The legislature of each member state passes the laws with certain modifications, but the core of the legislation remains the same.

A. The governor may enter into a compact with other states to provide for the construction and maintenance of a physical or virtual fence as close as practicable to the Arizona-Mexico border line that is located on private, state or federal property if permitted. The governor may enter into such a compact as part of any broader compact relating to the same or similar issue. A compact entered into pursuant to this section shall contain at least the following:

  1. A provision making it available for joinder by all states.
  2. A provision for withdrawal from the compact on written notice to the parties no sooner than one year after the date of the notice.
  3. A provision for the establishment of an organization:
    • (a) To administer and manage the construction and maintenance of the physical or virtual border fence.
    • (b) To administer any monies obtained for the construction and maintenance of the physical or virtual border fence.
  4. A provision that provides for a state to develop the state's own funding mechanism to construct and maintain the physical or virtual border fence through private or public donations from whatever source and that provides for the funding mechanism to be administered by the organization established pursuant to paragraph 3 of this subsection.
  5. A requirement that a state use correctional inmates as well as private contractors to construct and maintain the physical or virtual border fence.
  6. The option to construct and maintain the physical or virtual fence on state or federal land.
  7. Other provisions necessary to implement the compact.

B. The joint border security advisory committee is established consisting of the following members:

  1. The president of the senate or the president's designee as a nonvoting member.
  2. The speaker of the house of representatives or the speaker's designee as a nonvoting member.
  3. Two members of the house of representatives who are appointed by the speaker of the house of representatives as nonvoting members.
  4. Two members of the senate who are appointed by the president of the senate as nonvoting members.
  5. Six members who are appointed by the governor.
  6. A county sheriff from a county that has a population of more than three million persons.
  7. A county sheriff from a county that has a population of more than three hundred thousand persons but less than six hundred thousand persons.
  8. A county sheriff from a county that is located along the Arizona-Mexico border and that has a population of more than one hundred thousand persons but less than one hundred fifty thousand persons.
  9. A county sheriff from a county that is located along the Arizona-Mexico border and that has a population of at least one hundred fifty thousand persons but less than six hundred thousand persons.

D. Committee members are not eligible to receive compensation or reimbursement of expenses for committee activities.

E. The president and the speaker of the house of representatives shall each appoint a cochairperson of the committee.

F. The committee shall meet on the call of the two cochairpersons, but no more frequently than monthly.

G. The committee may:

  1. Take testimony and other evidence regarding the international border with Mexico.
  2. Analyze border crossing statistics.
  3. Analyze related crime statistics.
  4. Make recommendations designed to increase border security.
  5. Administer and manage the construction and maintenance of the physical or virtual border fence, using technology to the maximum extent practicable..
  6. Make other recommendations deemed essential by the committee.

H. The committee may use the services of legislative staff as required.

I. Beginning November 30, 2011 and each month thereafter, the committee shall submit a written report of its findings and recommendations to the speaker of the house of representatives, the president of the senate and the governor. The committee shall provide a copy of the report to the secretary of state.

J. Notwithstanding any law to the contrary, the committee may vote to go into executive session to take testimony or evidence it considers sensitive or confidential in nature, which if released could compromise the security or safety of law enforcement or military personnel or a law enforcement or national guard law enforcement support operation.

See also

External links

Footnotes

  1. ↑ Az. Stat. §§ 41-113, accessed February 19, 2021
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