Bill Text: AZ HB2309 | 2023 | Fifty-sixth Legislature 1st Regular | Engrossed
Bill Title: Law enforcement; sovereign authority
Spectrum: Partisan Bill (Republican 9-0)
Status: (Vetoed) 2023-05-19 - Governor Vetoed [HB2309 Detail]
Download: Arizona-2023-HB2309-Engrossed.html
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Senate Engrossed House Bill
sovereign authority; law enforcement (now: law enforcement; sovereign authority) |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HOUSE BILL 2309 |
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An Act
amending title 1, chapter 2, article 4, Arizona Revised Statutes, by adding section 1-273; relating to law enforcement authority.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 1, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 1-273, to read:
1-273. Sovereign authority; right
A. Pursuant to the tenth amendment to the United States Constitution and article II, section 3, Constitution of Arizona, it is the public policy of this state to protect this state'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.
B. Pursuant to section 41-193, on demand by the legislature, either house of the legislature or any member of the legislature, the Attorney General shall render a written opinion to determine 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 or local law enforcement agencies.
C. The laws of this state shall be interpreted and construed to protect this state's sovereign authority against federal actions, including in any proceeding in which this state or its political subdivisions are exercising their constitutional authority under article II, section 3, Constitution of Arizona.
D. To the extent that any law, treaty, executive order, rule or regulation of the United States government has been found by a court of competent jurisdiction to violate article II, section 3, Constitution of Arizona, or the tenth amendment to the United States Constitution, the law, treaty, executive order, rule or regulation is null, void and unenforceable in this state.
