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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
sovereign authority; law enforcement
(NOW: law enforcement; sovereign authority)
Purpose
Asserts that it is the public policy of Arizona to protect Arizona's sovereign authority against federal actions inconsistent with the authority of state and local law enforcement agencies. Allows the Legislature and its members to direct the Attorney General (AG) to render an opinion to determine the constitutionality of any federal action.
Background
The AG is required to, on demand by the Legislature, either house of the Legislature, any Legislative member, any public officer of Arizona or any county attorney, render an opinion on any question of law relating to the respective office. The AG is also required to, pursuant to the Arizona Constitution and on demand by the Legislature, either house of the Legislature or any Legislative member, review an executive order issued by the President of the United States that has not been affirmed by a vote of Congress and signed into law as prescribed by the U.S. Constitution to determine the constitutionality of the order and whether Arizona should seek exemption from the application of the order, or seek to have the order declared an unconstitutional legislative authority by the President (A.R.S. § 41-193).
Pursuant to the Arizona Constitution, the state may exercise its sovereign authority to restrict the actions of its personnel and the use of its financial resources to purposes that are consistent with the Arizona Constitution by passing initiatives or referendums, passing bills and pursuing any other legal remedy. If authority is exercised in this manner, Arizona and all political subdivisions are prohibited from using any personnel or financial resources to enforce, administer or cooperate with the designated federal action or program (Ariz Const. art. 2 § 3).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Asserts that it is the public policy of Arizona to protect Arizona's sovereign authority against federal laws, treaties, orders, rules, regulations, actions and programs that are inconsistent with the authority of state and local law enforcement agencies.
2. Allows the Legislature, either house of the Legislature or any Legislative member to direct the AG to render a written opinion determining the constitutionality of any federal law, treaty order, rule, regulation, action or program that is alleged to be inconsistent with or contrary to the authority of state and local law enforcement agencies.
3. Requires the laws of Arizona to be interpreted and construed to protect Arizona's sovereign authority against federal actions, including in any proceeding in which Arizona or its political subdivisions are exercising their constitutional authority under the Arizona Constitution.
4. States that, to the extent that any law, treaty, executive order, rule or regulation of the U.S. government has been found by a court of competent jurisdiction to violate Article II, Section 3 of the Arizona Constitution or the Tenth Amendment to the U.S. Constitution, the federal law, treaty, executive order, rule or regulation is null, void and unenforceable in Arizona.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Specifies that any federal law or other action found to violate the sovereign authority of Arizona law enforcement agencies is unenforceable to the extent that it is found to violate Article II, Section 3 of the Arizona Constitution or the 10th Amendment to the U.S. Constitution.
2. Specifies that such federal laws and other actions are unenforceable if they are found to be unconstitutional by any court of competent jurisdiction, rather than just the Arizona or U.S. Supreme Court.
House Action Senate Action
MAPS 2/13/23 DPA/SE 8-6-0-1 MAPS 3/15/23 DP 4-2-1
3rd Read 2/28/23 31-28-1
Prepared by Senate Research
April 3, 2023
ZD/sr