Bill Text: AZ HB2573 | 2013 | Fifty-first Legislature 1st Regular | Engrossed
Bill Title: Prohibited governmental compliance; 2012 NDAA [Track Bill]
Status: 2013-02-14 - Referred to Senate RULES Committee [HB2573 Detail]
State of Arizona
House of Representatives
First Regular Session
HOUSE BILL 2573
amending title 41, Arizona Revised Statutes, by adding chapter 51; relating to PROHIBITED GOVERNMENTAL COMPLIANCE WITH UNCONSTITUTIONAL AUTHORITIES.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, Arizona Revised Statutes, is amended by adding chapter 51, to read:
PROHIBITED GOVERNMENTAL COMPLIANCE WITH
ARTICLE 1. GENERAL PROVISIONS
41-5100. National defense authorization act of 2012; prohibited acts; report
A. This state and any agency of this state shall not provide material support or participate in any way with the implementation of sections 1021 and 1022 of the national defense authorization act of 2012 (P.L. 112‑81) against any citizen of the United States.
B. The director of the department of public safety or a sheriff of a county shall report to the governor and the legislature any attempt by agencies or agents of the federal government to secure the implementation of sections 1021 and 1022 of the national defense authorization act through the operations of that or any other state department.
41-5101. Rio declaration on environment and development; prohibition; definition
A. Notwithstanding any other law, this state and all political subdivisions of this state consistent with section 38-231, requiring officers and employees to support the Constitution of the United States and the Constitution and laws of this state shall not recognize the United Nations or any of its declarations as legal authority in this state, including the United Nations Rio Declaration on Environment and Development and the Statement of Principles for Sustainable Development adopted at the United Nations Conference on Environment and Development held in Rio de Janeiro, Brazil in June, 1992.
B. This state and all political subdivisions of this state are prohibited from directly and knowingly, for the express purpose of adopting or implementing the United Nations Rio Declaration on Environment and Development and the Statement of Principles for Sustainable Development, expending any sum of money for, being a member of, receiving funding from, contracting services from, or giving financial or other forms of aid to any group that espouses the usurping or overthrow of the Constitution of the United States.
C. For the purposes of this section, "political subdivision" includes this state or a county, city or town in this state including any special districts authorized by a county, city or town.
Sec. 2. Findings
The legislature finds that:
A. The enactment into law by the United States Congress of sections 1021 and 1022 of the National Defense Authorization Act of 2012 is inimical to the liberty, security and well-being of the people of Arizona and that those sections were adopted by Congress in violation of the limits of federal power in the United States Constitution. Sections 1021 and 1022 of the National Defense Authorization Act of 2012, as they purport to authorize the detainment of persons captured within the United States without charge or trial, military tribunals for persons captured within the United States, and the transfer of persons who are captured within the United States to foreign jurisdictions, violate the following rights enshrined in the Constitution of the United States:
1. Article I, section 9, clause 2 relating to the right to seek a writ of habeas corpus.
2. The First Amendment right to petition the government for a redress of grievances.
3. The Fourth Amendment right to be free from unreasonable searches and seizures.
4. The Fifth Amendment right to be free from charge for an infamous or capitol crime until presentment or indictment by a grand jury.
5. The Fifth Amendment right to be free from deprivation of life, liberty or property without due process of law.
6. The Sixth Amendment right in criminal prosecutions to enjoy a speedy trial by an impartial jury in the state and district where the crime was allegedly committed.
7. The Sixth Amendment right to be informed of the nature and cause of the accusation.
8. The Sixth Amendment right to confront witnesses.
9. The Sixth Amendment right to counsel.
10. The Eighth Amendment right to be free from excessive bail and fines, and cruel and unusual punishment.
11. The Fourteenth Amendment right to be free from deprivation of life, liberty or property without due process of law.
B. The United Nations has enlisted the support of numerous independent, nongovernmental organizations to implement its agenda around the world, including organizations that espouse the usurping or overthrow of the Constitution of the United States.
Sec. 3. Short title
This act may be cited as the "Liberty Preservation Act".