Bill Text: AZ HB2609 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: Actions against government officials.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-18 - Referred to House JUD Committee [HB2609 Detail]
Download: Arizona-2012-HB2609-Introduced.html
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REFERENCE TITLE: actions against government officials. |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2609 |
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Introduced by Representative Mesnard
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AN ACT
amending title 12, Arizona Revised Statutes, by adding chapter 23; relating to actions against government officials.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, Arizona Revised Statutes, is amended by adding chapter 23, to read:
CHAPTER 23
ACTIONS AGAINST GOVERNMENT OFFICIALS
ARTICLE 1. GENERAL PROVISIONS
12-3151. Actions against government officials; unlawful expenditures; traditionally reserved powers of the state; jurisdiction; pleadings
A. Notwithstanding any other law, a taxpaying resident of this state may bring a cause of action in superior court against any state or federal official in an individual capacity who, under color of any statute, ordinance, regulation, custom or usage of the United States, any state or territory or the District of Columbia, enforces any federal law, federal grant condition or federal regulation that purports to displace, supersede, control or condition the exercise of the traditionally reserved powers of this state in violation of the United States Constitution.
B. A taxpaying resident who files an action pursuant to subsection A of this section may seek any equitable remedy, including injunctive or declaratory relief.
C. The court may award a taxpaying resident who prevails in an action filed pursuant to this section the party's costs, reasonable litigation expenses and attorney fees against each losing party.
D. In any action commenced pursuant to subsection A of this section, the superior court has jurisdiction only if the initial pleading specifically alleges the following:
1. Each plaintiff has paid and will likely be liable for state or federal taxes during the pendency of the suit, the revenue of which has been and will likely be placed in this state's or the federal government's general fund.
2. The claim is premised solely on taxpayer standing.
3. The claim does not present a case or controversy over which federal courts have the power to exercise subject matter jurisdiction under article III of the United States Constitution.
4. Each plaintiff objects to removal of the lawsuit to any federal court on jurisdictional grounds.
5. Each plaintiff acknowledges and consents to the United States supreme court's appellate jurisdiction over a final judgment.
6. Each defendant is responsible for spending state or federal government general fund revenues for the purpose of enforcing federal laws, federal grant conditions or federal regulations that purport to displace, supersede, control or condition the exercise of one or more of the following traditionally reserved powers of this state:
(a) The establishment or regulation of local government.
(b) The regulation of real property.
(c) The regulation of personal property outside of commerce.
(d) The regulation of domestic and family affairs, including marriage and guardianship.
(e) Local criminal law enforcement.
(f) The administration of civil justice between citizens of the same state and outside of bankruptcy, including personal injury torts, contracts and nuisance laws.
(g) The establishment or regulation of schools.
(h) The regulation of agriculture.
(i) The regulation of nonagricultural businesses outside the immediate stream of commerce.
(j) The construction of local infrastructure outside of postal roads.
(k) Control over the voting franchise.
(l) Control over the structure and mechanics of state government.
(m) Control over wages or qualifications of government employees, who directly perform legislative, executive or judicial tasks for this state or a political subdivision of this state.
7. No plaintiff claims any injury from the conduct of any defendant other than the expenditure of state or federal government general fund revenues to enforce federal laws, federal grant conditions or federal regulations that purport to displace, supersede, control or condition the exercise of the traditionally reserved powers of this state in violation of the United States Constitution.
