Bill Text: AZ HB2538 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Federal mandates; proof of constitutionality
Spectrum: Partisan Bill (Republican 13-0)
Status: (Introduced - Dead) 2010-02-17 - Referred to House RULES Committee [HB2538 Detail]
Download: Arizona-2010-HB2538-Introduced.html
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REFERENCE TITLE: federal mandates; proof of constitutionality |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2538 |
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Introduced by Representatives Gowan, Burges, Lesko, Montenegro, Seel, Senator Pearce R: Representatives Antenori, Boone, Goodale, Mason, Stevens, Weiers JP, Senator Melvin
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AN ACT
changing the designation of title 41, chapter 7, article 13, Arizona Revised Statutes, to "federal mandates"; amending title 41, chapter 7, article 13, Arizona Revised Statutes, by adding section 41‑1293.01; relating to the legislature.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Heading change
The article heading of title 41, chapter 7, article 13, Arizona Revised Statutes, is changed from "JOINT LEGISLATIVE COMMITTEE ON FEDERAL MANDATES" to "FEDERAL MANDATES".
Sec. 2. Title 41, chapter 7, article 13, Arizona Revised Statutes, is amended by adding section 41-1293.01, to read:
41-1293.01. Federal mandates; proof of constitutionality before passage of act
A. The legislature shall not enact any statute that appropriates state monies pursuant to a federal mandate or that complies with a federal mandate unless the federal mandate contains a report or document prescribing reasonable and logical arguments based on United States constitutional law that the federal mandate is a function of the federal government and will pass a constitutional challenge if contested in a court of law.
B. The report or document required by subsection a shall specifically address whether the federal mandate violates the sovereign rights of this state that are guaranteed to the states by the tenth amendment of the United States Constitution.
