Arizona 2023 Regular Session

Arizona Senate Bill SB1713 Latest Draft

Bill / Engrossed Version Filed 03/14/2023

                            Senate Engrossed   nonprofit security grant program fund             State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023           SENATE BILL 1713                  An Act   amending title 41, chapter 41, article 1, Arizona Revised Statutes, by adding section 41-4256; appropriating monies; relating to the Arizona department of homeland security.      (TEXT OF BILL BEGINS ON NEXT PAGE)   

 

 

 

Senate Engrossed   nonprofit security grant program fund
State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
SENATE BILL 1713

Senate Engrossed

 

nonprofit security grant program fund

 

 

 

 

State of Arizona

Senate

Fifty-sixth Legislature

First Regular Session

2023

 

 

 

SENATE BILL 1713

 

 

 

An Act

 

amending title 41, chapter 41, article 1, Arizona Revised Statutes, by adding section 41-4256; appropriating monies; relating to the Arizona department of homeland security. 

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

 Be it enacted by the Legislature of the State of Arizona: Section 1. Title 41, chapter 41, article 1, Arizona Revised Statutes, is amended by adding section 41-4256, to read: START_STATUTE41-4256. Arizona state nonprofit security grant program; fund; definitions A. The Arizona state nonprofit security grant program is established to provide funding for safety and SECURITY projects to nonprofit organizations that are at high risk of a terrorist attack or at risk of hate crimes or attacks because of the nonprofit's ideology, BELIEFS or mission for target hardening and other security enhancements and ACTIVITIES. The department shall administer the grant program and shall begin issuing grants from the Arizona State Nonprofit Security Grant Program Fund established by this section on January 1, 2024.  B. Permissible activities for target hardening and other SAFETY AND SECURITY PROJECTS shall include internal and external facility hardening structures, devices or equipment that mitigates vulnerabilities identified in a vulnerability assessment that is completed by the nonprofit organization, as a self-assessment, or by a vendor with whom the nonprofit organization has contracted. The activities shall include planning, equipment, training and security personnel. The department may prescribe requirements for a vulnerability assessment and may allow other activities for target hardening and safety and security projects in addition to those activities prescribed by this subsection. C. The department shall award up to $1,000,000 in any grant year. A nonprofit organization may not receive more than $100,000 in any grant year. The department shall give priority to nonprofit organizations that are unable to apply for federal funding due to their size or inability to wait for reimbursements for projects and to nonprofit organizations that are unable to secure a contractor to conduct a vulnerability assessment. Grant monies may not be used to supplant a nonprofit organizations current expenses for target hardening, safety or security projects but may be used for additional needs beyond the nonprofit organization's current expenses. The nonprofit organization may not use grant monies to purchase EQUIPMENT for security personnel. D. An applicant for a grant must meet either of the following: 1. Have applied for the federal nonprofit SECURITY grant and not received funding for the same year the applicant is applying for the state grant. 2. Have been unable to apply for the federal nonprofit security grant due to an inability to fund the request up front and wait for reimbursement.  E. Applicants shall submit an application on a form prescribed by the Department. The Department may accept an application submitted to the federal government for the federal nonprofit security grant instead of the state application prescribed by the department if the applicant applied for a federal nonprofit security grant and did not receive funding for the same year the applicant applied for the state grant.  F. The Arizona State Nonprofit Security Grant Program Fund is established consisting of grants, gifts, donations and legislative appropriations. The director shall administer the fund. Monies in the fund are continuously appropriated. Monies in the fund shall be spent only on grants to applicants who qualify for the Arizona State Nonprofit Security Grant Program. On notice from the director, The state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. Interest or other income derived from the Arizona state nonprofit security grant program fund may be used only for the purposes of this section and may not be used to supplant other appropriations. G. For the PURPOSEs of this section: 1. "EQUIPMENT" INCLUDES TARGET HARDENING, PHYSICAL AND Information technology SECURITY ENHANCEMENTS, ACQUISITION AND INSTALLATION OF SECURITY EQUIPMENT ON REAL PROPERTY, INCLUDING BUILDINGS AND IMPROVEMENTS, that is OWNED OR LEASED BY THE NONPROFIT ORGANIZATION, REINFORCED DOORS AND GATES, PERIMETER LIGHTING, EXTERIOR AND INTERIOR DOOR LOCKING, ALARM SYSTEMS, CAMERA-BASED SECURITY SYSTEMS, ACCESS CONTROL SYSTEMS, BLAST RESISTANT FILM FOR WINDOWS or SHATTER RESISTANT GLASS, LOCK-DOWN SYSTEMS, PUBLIC ADDRESS SYSTEMS, HIGH-INTENSITY LIGHTING AND ALARMS, INSPECTION AND SCREENING SYSTEMS AND ACCESS CONTROL. 2. "planning": (a) Means those activities that are related to protecting a facility, the people within the facility and those with access to the facility and providing for their functional needs. (b) Includes developing and enhancing a nonprofit organization's security plans and protocols, emergency contingency plans and evacuation or shelter-in-place plans and the materials that are required to conduct planning activities. 3. "Security personnel" includes personnel who are contracted with and employed by the nonprofit.  4. "Training": (a) Means training that addresses a specific threat or vulnerability. (b) Includes: (i) attendance and travel fees for training the nonprofit organization's staff or members and security training and exercises or drills, including stop the bleed, active shooter and shelter-in-place, for the nonprofit organization's staff, members and visitors. (ii) Training-related expenses, including supplies, materials and equipment. END_STATUTE Sec. 2. Appropriation; Arizona state nonprofit security grant program fund; exemption A. The sum of $5,000,000 is appropriated from the state general fund in fiscal year 2023-2024 to the Arizona state nonprofit security grant program fund established by section 41-4256, Arizona Revised Statutes, as added by this act. B. The department of homeland security may use not more than five percent of the monies appropriated pursuant to subsection A of this section for administering the Arizona state nonprofit security grant program. C. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations. 

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

Section 1. Title 41, chapter 41, article 1, Arizona Revised Statutes, is amended by adding section 41-4256, to read:

START_STATUTE41-4256. Arizona state nonprofit security grant program; fund; definitions

A. The Arizona state nonprofit security grant program is established to provide funding for safety and SECURITY projects to nonprofit organizations that are at high risk of a terrorist attack or at risk of hate crimes or attacks because of the nonprofit's ideology, BELIEFS or mission for target hardening and other security enhancements and ACTIVITIES. The department shall administer the grant program and shall begin issuing grants from the Arizona State Nonprofit Security Grant Program Fund established by this section on January 1, 2024. 

B. Permissible activities for target hardening and other SAFETY AND SECURITY PROJECTS shall include internal and external facility hardening structures, devices or equipment that mitigates vulnerabilities identified in a vulnerability assessment that is completed by the nonprofit organization, as a self-assessment, or by a vendor with whom the nonprofit organization has contracted. The activities shall include planning, equipment, training and security personnel. The department may prescribe requirements for a vulnerability assessment and may allow other activities for target hardening and safety and security projects in addition to those activities prescribed by this subsection.

C. The department shall award up to $1,000,000 in any grant year. A nonprofit organization may not receive more than $100,000 in any grant year. The department shall give priority to nonprofit organizations that are unable to apply for federal funding due to their size or inability to wait for reimbursements for projects and to nonprofit organizations that are unable to secure a contractor to conduct a vulnerability assessment. Grant monies may not be used to supplant a nonprofit organizations current expenses for target hardening, safety or security projects but may be used for additional needs beyond the nonprofit organization's current expenses. The nonprofit organization may not use grant monies to purchase EQUIPMENT for security personnel.

D. An applicant for a grant must meet either of the following:

1. Have applied for the federal nonprofit SECURITY grant and not received funding for the same year the applicant is applying for the state grant.

2. Have been unable to apply for the federal nonprofit security grant due to an inability to fund the request up front and wait for reimbursement. 

E. Applicants shall submit an application on a form prescribed by the Department. The Department may accept an application submitted to the federal government for the federal nonprofit security grant instead of the state application prescribed by the department if the applicant applied for a federal nonprofit security grant and did not receive funding for the same year the applicant applied for the state grant. 

F. The Arizona State Nonprofit Security Grant Program Fund is established consisting of grants, gifts, donations and legislative appropriations. The director shall administer the fund. Monies in the fund are continuously appropriated. Monies in the fund shall be spent only on grants to applicants who qualify for the Arizona State Nonprofit Security Grant Program. On notice from the director, The state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. Interest or other income derived from the Arizona state nonprofit security grant program fund may be used only for the purposes of this section and may not be used to supplant other appropriations.

G. For the PURPOSEs of this section:

1. "EQUIPMENT" INCLUDES TARGET HARDENING, PHYSICAL AND Information technology SECURITY ENHANCEMENTS, ACQUISITION AND INSTALLATION OF SECURITY EQUIPMENT ON REAL PROPERTY, INCLUDING BUILDINGS AND IMPROVEMENTS, that is OWNED OR LEASED BY THE NONPROFIT ORGANIZATION, REINFORCED DOORS AND GATES, PERIMETER LIGHTING, EXTERIOR AND INTERIOR DOOR LOCKING, ALARM SYSTEMS, CAMERA-BASED SECURITY SYSTEMS, ACCESS CONTROL SYSTEMS, BLAST RESISTANT FILM FOR WINDOWS or SHATTER RESISTANT GLASS, LOCK-DOWN SYSTEMS, PUBLIC ADDRESS SYSTEMS, HIGH-INTENSITY LIGHTING AND ALARMS, INSPECTION AND SCREENING SYSTEMS AND ACCESS CONTROL.

2. "planning":

(a) Means those activities that are related to protecting a facility, the people within the facility and those with access to the facility and providing for their functional needs.

(b) Includes developing and enhancing a nonprofit organization's security plans and protocols, emergency contingency plans and evacuation or shelter-in-place plans and the materials that are required to conduct planning activities.

3. "Security personnel" includes personnel who are contracted with and employed by the nonprofit. 

4. "Training":

(a) Means training that addresses a specific threat or vulnerability.

(b) Includes:

(i) attendance and travel fees for training the nonprofit organization's staff or members and security training and exercises or drills, including stop the bleed, active shooter and shelter-in-place, for the nonprofit organization's staff, members and visitors.

(ii) Training-related expenses, including supplies, materials and equipment. END_STATUTE

Sec. 2. Appropriation; Arizona state nonprofit security grant program fund; exemption

A. The sum of $5,000,000 is appropriated from the state general fund in fiscal year 2023-2024 to the Arizona state nonprofit security grant program fund established by section 41-4256, Arizona Revised Statutes, as added by this act.

B. The department of homeland security may use not more than five percent of the monies appropriated pursuant to subsection A of this section for administering the Arizona state nonprofit security grant program.

C. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.