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REFERENCE TITLE: constitutional defense council |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SB 1234 |
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Introduced by Senators Griffin, Allen, Gould, Smith; Representatives Gowan, Judd, Stevens: Senators Antenori, Barto, Melvin, Murphy, Pierce S, Shooter; Representatives Barton, Jones
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AN ACT
repealing section 41‑401, Arizona Revised Statutes; amending title 41, chapter 2.1, article 1, Arizona Revised Statutes, by adding a new section 41‑401 and sections 41‑402, 41‑403, 41‑404 and 41‑405; relating to the constitutional defense council.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Repeal
Section 41-401, Arizona Revised Statutes, is repealed.
Sec. 2. Title 41, chapter 2.1, article 1, Arizona Revised Statutes, is amended by adding a new section 41-401 and sections 41‑402 through 41‑405, to read:
41-401. Definitions
In this article, unless the context otherwise requires:
1. "Advisory member" means a member who gives advice to the other members of the council at meetings of the council but who is not eligible to vote, is not a member of the council for purposes of determining whether a quorum is present and is not eligible to receive any compensation or reimbursement of expenses by the council.
2. "Council" means the constitutional defense council.
41-402. Constitutional defense council; members; purpose; meetings; issues
A. The constitutional defense council is established consisting of:
1. The governor or the governor's designee, who shall be the chairperson of the council.
2. A person who is appointed by the governor.
3. The attorney general.
4. A person who is appointed by the President of the Senate.
5. A person who is appointed by the Speaker of the House of Representatives.
6. An advisory member who is appointed by the President of the Senate.
7. An advisory member who is appointed by the Speaker of the House of Representatives.
B. The purpose of the council is to restore, maintain and advance this state's sovereignty and authority to restore principles of dual sovereignty and protect individual liberty.
C. Meetings of the council shall be held in public and at least quarterly. Any member may call for additional meetings. A majority vote of the members are required for discretionary decisions of the council.
D. The council shall hold regular quarterly public meetings or hearings regarding any of the following:
1. Federal preemption, mandates and conditional grants.
2. Court rulings.
3. The authority granted to, or assumed by, the federal government.
4. Laws, regulations and practices of the federal government.
5. Regulatory primacy.
6. Strategic litigation.
7. Interstate compacts and other forms of cooperative action among the states.
8. Article V of the United States Constitution.
9. The development of model legislation.
10. The use and management of federal lands.
11. The exercise of coordination rights enjoyed by this state or the political subdivisions of this state under federal law.
41-403. Complaints regarding alleged unconstitutional actions
A. The council shall establish a process for receiving and evaluating the merits of complaints from the public regarding alleged unconstitutional actions by the federal government that violate the constitutional rights of the citizens of this state or interfere with the following reserved powers of this state:
1. Control over the structure and mechanics of state government.
2. The establishment and regulation of public education.
3. Local criminal law enforcement.
4. The regulation of health care.
5. The regulation of personal property outside of commerce, such as firearms.
6. The regulation of domestic and family affairs, such as marriage and guardianship.
7. The administration of civil justice between citizens of the same state and outside of bankruptcy, such as laws concerning personal injury torts, contracts and nuisance laws.
8. The control of wages and qualifications of government employees who directly perform legislative, executive or judicial tasks for this state or the state agencies or political subdivisions of this state.
9. The establishment and regulation of local government.
10. The regulation of real property, such as the regulation of land title, land use and land transfers.
11. The regulation of agriculture.
12. The regulation of nonagricultural businesses that do not engage in commerce across state lines.
B. At each of its quarterly public meetings, or more frequently as determined by majority vote, the council shall discuss and consider appropriate responses and remedies for potentially unconstitutional actions taken by the federal government based on meritorious complaints received from the public, including the development of model legislation, the pursuit of cooperative interstate action and the initiation and pursuit of litigation.
C. The council may require the attorney general or the attorney general's designee, as well as outside experts, to provide testimony on potential model legislation, interstate cooperative action or legal actions that would further the council's purposes.
D. The council may select and employ attorneys to implement its purposes, including the pursuit of litigation in the name of this state. The attorney general may assist any council attorney in any manner deemed appropriate by the council. If requested by the council, agencies and departments of this state, except the department of law, shall provide reasonable personnel and resources to assist in any matter pursued by the council. The council shall not hire permanent staff.
41-404. Constitutional defense council fund; receipts and expense report
A. The constitutional defense council fund is established to be administered by the council under the conditions and for the purposes prescribed by this article. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35‑190 relating to lapsing of appropriations. At the beginning of each fiscal year, the Attorney General shall deposit in the fund _______ per cent of the total annual budget from all sources appropriated to the office of the Attorney General. The council shall use monies in the fund to pay the fees and costs of legal actions initiated pursuant to section 41‑403 and other expenses authorized by a majority vote of the council, including the reasonable expenses of expert witnesses and the reasonable cost of any study, analysis or report. The chair of the council shall transmit all claims approved by a majority vote of the council to the director of the department of administration for payment. Members are not eligible to receive compensation but are eligible to receive reimbursement for expenses from the constitutional defense council fund.
B. On or before the fifteenth day of each month, the council's designated ombudsman shall file with the council members, the President of the Senate, the Speaker of the House of Representatives and the Governor a full and complete account of the receipts and disbursements for the constitutional defense council fund for the preceding month. Within five business days' notice, the council may order an attorney employed by the council to cease all work to be charged to the constitutional defense council fund.
41-405. Report; standing to file action
A. The council shall submit a report on December 1 of each year to the Speaker of the House of Representatives, the President of the Senate and the Governor that summarizes the council's activities and forward a copy of the report to the secretary of state.
B. Taxpaying residents of this state have legal standing in state court to file an appropriate action at law or equity to compel the constitutional defense council to fulfill its statutory duties. END_STATUTE