41-1711

41-1711. Department of public safety; purpose;
location; qualifications of director; responsibilities

A. There shall be a department of public safety which is responsible for creating
and coordinating services for use by local law enforcement agencies in protecting the
public safety. The principal office and headquarters of the department shall be in
Phoenix.

B. The department shall formulate plans with a view to establishing modern
services for prevention of crime, apprehension of violators, training of law enforcement
personnel, and the promotion of public safety. The department shall in no way preempt
the authority and jurisdiction of established agencies of political subdivisions of the
state.

C. The director shall be selected on the basis of training and experience with a
minimum of five years' experience in the administration of law enforcement.

D. The director shall be appointed by the governor pursuant to section 38-211 to
serve for a term of five years and shall be subject to removal for cause, including but
not limited to malfeasance, misfeasance and nonfeasance in office. The term shall expire
on the third Monday in January of the appropriate year. The director shall receive
annual compensation as determined pursuant to section 38-611.

E. The director shall be directly responsible to the governor for the conduct and
the administration of the department. If the director is unable to act, the deputy
director shall direct the activities of the department during the period in which the
director is unable to act. If the director and deputy director are unable to act, the
governor shall direct the activities of the department during the period in which the
director and deputy director are unable to act.

F. The director shall prescribe procedures for use of department personnel,
facilities, equipment, supplies and other resources in assisting search or rescue
operations.

G. The director shall be responsible for the establishment, operation and
maintenance of the statewide emergency medical services communication system prescribed
by section 41-1835.

H. The director may purchase, lease, equip, staff and operate air ambulances,
including ambulance helicopters, pursuant to section 41-1834.

I. To limit the expenditures of monies derived from the state highway fund
established pursuant to article IX, section 14, Constitution of Arizona, to traffic
safety and traffic law enforcement purposes, the department of public safety shall:

1. Maintain a strict account of all costs incurred by each function of the
department. Such costs shall be determined and allocated between traffic safety or
traffic law enforcement functions and all other departmental functions and shall include
such costs as wages or salaries, materials or supplies and equipment or facility use.

2. Immediately following the determination of all such costs certify to the office
of strategic planning and budgeting the full amount of all such costs relating to the
various functions within the department.

J. The office of strategic planning and budgeting shall annually submit a separate
report to the legislature compiled from the department's functional costs certification
indicating the complete breakdown between those costs which are related to traffic
safety or traffic law enforcement functions and the various other functions within the
department. The director of the department of administration shall include within the
director's annual report to the legislature a recommendation for a separate
appropriation to reimburse the state highway fund from the state general fund for any
expenditures from the state highway fund during the prior fiscal year in excess of the
total of all costs related to traffic safety or traffic law enforcement functions of the
department.

K. The director shall establish a special hazardous materials emergency response
organizational unit within the department to function as the initial response element of
the hazardous materials emergency management program pursuant to section 26-305.02.

L. The department is designated as this state's recipient of federal victims of
crime act grants.