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REFERENCE TITLE: interstate compact; birth certificates |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HB 2562 |
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Introduced by Representatives Kavanagh, Burges, Fann, Fillmore, Gowan, McLain, Proud, Seel, Smith D, Stevens, Ugenti, Senators Gould, Pearce R: Representatives Barton, Crandell, Goodale, Gray R, Harper, Judd, Lesko, Pratt, Senators Biggs, Bundgaard, Gray, Klein, Melvin, Murphy, Smith
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AN ACT
amending title 36, chapter 3, Arizona Revised Statutes, by adding article 6; relating to the interstate birth certificate compact.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 3, Arizona Revised Statutes, is amended by adding article 6, to read:
ARTICLE 6. INTERSTATE BIRTH CERTIFICATE COMPACT
36-361. Adoption of compact; text of compact
The governor is authorized and directed to enter into a compact on behalf of this state with any of the United States lawfully joined in the compact in a form substantially as follows:
ARTICLE I
Findings and declaration of policy
It is the purpose of this compact through the joint and cooperative action among the party states to make a distinction in the birth certificates, certifications of live birth or other birth records issued in the party states between a person born in the party state who is born subject to the jurisdiction of the United States and a person who is not born subject to the jurisdiction of the United States. A person who is born subject to the jurisdiction of the United States is a natural born United States citizen.
ARTICLE II
Definition
As used in this compact, "subject to the jurisdiction of the United States" has the meaning that it bears in section 1 of the fourteenth amendment to the United States Constitution, namely that the person is a child of at least one parent who owes no allegiance to any foreign sovereignty, or a child without citizenship or nationality in any foreign country. For the purposes of this compact a person who owes no allegiance to any foreign sovereignty is a United States citizen or national, or an immigrant accorded the privilege of residing permanently in the united states, or a person without nationality in any foreign country.
ARTICLE III
Terms
Notwithstanding any state or federal law to the contrary, each party state shall make a distinction in the birth certificates, certifications of live birth or other birth records issued in the party states, between a person born in the party state who is born subject to the jurisdiction of the United States and a person who is not born subject to the jurisdiction of the United States. A person who is born subject to the jurisdiction of the United States is a natural born United States citizen.
ARTICLE IV
Enforcement
Notwithstanding any state or federal law to the contrary:
1. The governor of each party state shall enforce this agreement and compact.
2. A taxpaying resident of any party state has standing in the courts of any party state to require the governor of any party state to enforce this agreement and compact.
ARTICLE V
Compact administrator and interchange of information
A. The governor of each party state or the governor's designee is the compact administrator. The compact administrator shall:
1. Maintain an accurate list of all party states.
2. Formulate all necessary and proper procedures to effectuate this compact.
3. Delegate needed tasks to other state agencies.
B. The compact administrator of each party state shall furnish to the compact administrator of each party state any information or documents that are reasonably necessary to facilitate the administration of this compact.
ARTICLE VI
Entry into effect and withdrawal
A. This compact is deemed accepted when at least two states deliver a notice of confirmation, which is duly executed by their respective authorized representative and which acknowledges complete agreement to the terms of this compact, to each other's governor, the office of the clerk of the United States house of representatives, the office of the secretary of the United States senate, the president of the United States senate and the speaker of the United States house of representatives. Thereafter, the compact is deemed accepted by any state when a respective notice of confirmation, which is duly executed by the state's respective authorized representative and which acknowledges complete agreement to the terms of this compact, is delivered to each party state's compact administrator, the office of the clerk of the United States house of representatives, the office of the secretary of the United States senate, the president of the United States senate and the speaker of the United States house of representatives.
B. This compact shall not take effect until the United States congress has given its consent pursuant to article I, section 10, clause 3 of the United States Constitution.
C. Four years after this compact first becomes effective, any party state may withdraw from this compact by enacting a joint resolution declaring such withdrawal and delivering notice of the withdrawal to each other party state. A withdrawal does not affect the validity or applicability of the compact to states remaining party to the compact.
ARTICLE VII
Construction and severability
A. This compact shall be liberally construed so as to effectuate its purposes.
B. This compact is intended to operate as the law of the nation with respect to the party states under 4 United States Code section 112, to supersede any inconsistent state and federal law and to establish vested rights in favor of residents of the party states.
C. If any phrase, clause, sentence or provision of this compact is declared in a final judgment by a court of competent jurisdiction to be contrary to the constitution of the United States or is otherwise held invalid, the validity of the remainder of this compact shall not be affected.
D. If the applicability of any phrase, clause, sentence or provision of this compact to any government, agency, person or circumstance is declared in a final judgment by a court of competent jurisdiction to be contrary to the constitution of the United States or is otherwise held invalid, the validity of the remainder of this compact and the applicability of the remainder of this compact to any government, agency, person or circumstance shall not be affected.
E. If this compact is held to be contrary to the constitution of any party state, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the affected party state as to all severable matters.