REFERENCE TITLE: intrastate commerce act

State of Arizona Senate Fiftieth Legislature First Regular Session 2011

SB 1178

Introduced by Senators Allen, Gray, Griffin; Representatives Barton, Burges: Senators Antenori, Biggs, Melvin, Shooter; Representative Crandell

 

AN ACT

 

amending title 44, Arizona Revised Statutes, by adding chapter 35; relating to the intrastate commerce act.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

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

Section 1.  Title 44, Arizona Revised Statutes, is amended by adding chapter 35, to read:

CHAPTER 35

INTRASTATE COMMERCE ACT

ARTICLE 1.  GENERAL PROVISIONS

START_STATUTE44-7801.  State goods and services not subject to congressional authority under commerce clause power

A.  All goods grown, manufactured or made in this state and all services performed in this state when the goods or services are sold, maintained or retained in this state are not subject to the authority of Congress under its constitutional power to regulate commerce among the several states.

B.  This chapter applies to goods and services that are produced and retained in this state after the effective date of this chapter.END_STATUTE

START_STATUTE44-7802.  Violation; classification

A.  Any official, agent or employee of the United States government or any employee of an entity providing services to the United States government who enforces or attempts to enforce an act, order, law, statute, rule or regulation of the United States government in violation of this chapter is guilty of a class 6 felony, except that any fine imposed shall not exceed two thousand dollars.

B.  Any public officer or employee of this state who enforces or attempts to enforce an act, order, law, statute, rule or regulation of the United States government in violation of this chapter is guilty of a class 1 misdemeanor, except that any fine imposed shall not exceed five hundred dollars.END_STATUTE

Sec. 2.  Legislative findings

The legislature finds that:

1.  The Tenth Amendment to the Constitution of the United States codifies in law that the only powers that the federal government may exercise are those that have been delegated to it in the Constitution of the United States.

2.  The Ninth Amendment to the Constitution of the United States guarantees to the people rights not enumerated in the Constitution and reserves to the people of this state those rights.

3.  Under article I, section 8, clause 3 of the Constitution of the United States, the federal government is empowered to regulate commerce among the several states.

4.  The power to regulate intrastate commerce is reserved to the state or the people under the Ninth and Tenth Amendments to the Constitution of the United States.

5.  During the constitutional convention, the founders considered a plan that would have authorized the federal government to not only regulate commerce among the several states, but also any activity having spillover effects across state lines.  They rejected it.

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.