AZRRT CALL TO ACTION 150324-1000  

By Jose Borrajero

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NOTE: For full and comprehensive info on 2nd Amendment issues/bills go to the AZCDL website athttp://www.azcdl.org/html/bill_tracking.html

The following table contains legislative bill(s) that are coming up soon for action in our state legislature. Please contact everyone in the “who to contact” column and ask them to vote yes or no, depending on our wishes.

HERE ARE THE PROVISIONS OF THIS BILL. IF YOU THINK THAT IT CONCENTRATES TOO MUCH POWER ON ONE INDIVIDUAL WITHOUT ADEQUATE OVERSIGHT, THEN CONTACT ALL SENATORS AND EXPRESS YOUR OPPOSITION. (THIS IS A STRIKE-ALL BILL)

Provisions

1.       Establishes the Office of the Inspector General and requires the Governor to appoint the Inspector General to serve at the pleasure of the Governor and report directly to the Governor.

2.      Requires the Inspector General to satisfy the following requirements:

a)      have at least 10 years of demonstrated ability in management analysis, public administration, investigations or criminal justice administration or other closely related disciplines; and

b)      not have held any political party office within two years immediately preceding the appointment.

3.      Requires the Inspector General to be selected without regard to political affiliation.

4.      Specifies that the Inspector General is eligible to receive compensation.

5.      Directs the Inspector General to perform the following powers and duties:

a)      examine and investigate the operations, management and affairs of state agencies;

b)      conduct investigations and examinations of contractors, subcontractors, grantees or subgrantees of state agencies regarding waste, fraud, abuse or allegations of criminal or civil wrongdoing that impact the state;

c)      periodically review policies and procedures, monitor operations and make recommendations for improvement of state government;

d)     receive complaints of fraud, waste, abuse, mismanagement and misconduct involving state agencies and determine whether investigation is warranted and establish a system for anonymous reporting; and

e)      submit an annual report that describes the efforts made by the office toward preventing and detecting criminal misconduct, fraud, waste and abuse in state government to the Governor and the Legislature and a copy to the Secretary of State.

6.      Requires the Inspector General, following any examination, review or audit, to allow the affected state agency an opportunity to provide comments before the release of a report and requires the annual report to include the response of state agencies, if any.

7.      Directs all officers and employees of state agencies to extend full cooperation and all reasonable assistance to the Inspector General.

8.      Specifies that the Office of the Inspector General may sue and be sued and that the Inspector General’s authority is subject to the Arizona Rules of Civil Procedure.

9.      Allows the Inspector General to do the following:

a)      administer oaths and issue subpoenas to obtain testimony, records and other necessities to perform required duties; and

b)      apply to the appropriate court for enforcement of subpoenas or for sanctions for a party’s failure to comply.

10.  Requires the Inspector General to have access to all nonprivileged records, information, electronically stored data, reports, plans, projections, matters, contracts, memoranda, correspondence and any other materials of a state agency.

11.  Establishes that the Inspector General is deemed to be an authorized representative and agent of each state agency for the following purposes:

a)      examining and investigating the records of all contractors, subcontractors, grantees or subgrantees of the state agency; and

b)      obtaining access to any records of the state agency in the possession of a third party, including bank account records.

12.  Requires the Inspector General and the Inspector General’s employees to carry credentials and badges that identify their employment with the office.

13.  Requires the Office of the Inspector General to do the following:

a)      adhere to professional standards for initiating and conducting audits, investigations, inspections and reviews that must be consistent with standards adopted by an AIG; and

b)      develop an operations manual that contains standards.

14.  Designates the Office of the Inspector General as a law enforcement agency that confers all investigative powers and privileges appurtenant to a law enforcement agency under state law.

15.  Includes the following in the powers and privileges of the Office of the Inspector General:

a)      access to computer systems;

b)      access to information maintained for the use of law enforcement personnel; and

c)      access to any information contained in the criminal history records and identification files of the Department of Public Safety (DPS).

16.  Gives the Office oversight authority and review responsibilities for investigations performed by the Office within the following state agencies and entities:

a)      Department of Corrections (DOC);

b)      DPS;

c)      Department of Economic Security (DES);

d)     Department of Transportation (ADOT);

e)      Arizona Health Care Cost Containment System Administration (AHCCCSA);

f)       Department of Child Safety (DCS); and

g)      any internal compliance or enforcement units within other state agencies.

17.  Directs the Inspector General to establish an Inspector General Advisory Council (Council) consisting of the following members:

a)      the Inspector General or the Inspector General’s designee;

b)      the director of DOC or the director’s designee;

c)      the director of DPS or the director’s designee;

d)     the director of ADOT or the director’s designee;

e)      the director of AHCCCSA or the director’s designee; and

f)       the director of DCS or the director’s designee.

18.  Requires that the records prepared or obtained by the Inspector General in connection with a conducted investigation be confidential and protected from disclosure.

19.  Specifies that a privilege established by law may not be waived to any records obtained by the Inspector General and that all records and information deemed confidential by other law and obtained by the Inspector General and are to remain confidential.

20.  Establishes that any person who knowingly, intentionally or recklessly makes public any confidential information or record in violation of the aforementioned provisions is guilty of a class one misdemeanor.

21.  Defines office and state agency.

22.   Makes a purpose statement.

23.  Terminates the Council on July 1, 2023.

24.  Terminates the Office of the Inspector General on July 1, 2025.

25.  Repeals Title 41, Chapter 53 on January 1, 2026.

26.  Becomes effective on the general effective date.

Amendments Adopted by Committee

• Adopted the strike everything amendment.

Senate Action

GOV               3/18/15     DPA/SE     4-3-0-0

CRS/BP/ls

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