Bill Text: AZ SB1333 | 2012 | Fiftieth Legislature 2nd Regular | Engrossed
Bill Title: Evaluation; response; federal law
Spectrum: Partisan Bill (Republican 7-0)
Status: (Engrossed - Dead) 2012-03-22 - Referred to House RULES Committee [SB1333 Detail]
Download: Arizona-2012-SB1333-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SENATE BILL 1333 |
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AN ACT
amending title 41, Arizona Revised Statutes, by adding chapter 2.2; relating to the evaluation of federal law advisory council.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, Arizona Revised Statutes, is amended by adding chapter 2.2, to read:
CHAPTER 2.2
EVALUATION AND RESPONSE TO FEDERAL LAW
ARTICLE 1. GENERAL PROVISIONS
41-411. Definitions
In this chapter, unless the context otherwise requires:
1. "Council" means the evaluation of federal law advisory council.
2. "Federal governmental entity" means:
(a) The President of the United States.
(b) The United States Congress.
(c) A United States agency.
(d) An employee or official who is appointed by the President of the United States.
3. "Federal law" means:
(a) An executive order by the President of the United States.
(b) A statute passed by the United States Congress.
(c) A regulation adopted by a United States agency.
(d) A policy statement, guidance or action by:
(i) A United States agency.
(ii) An employee or official appointed by the President of the United States.
4. "United States agency" means a department, agency, authority, commission, council, board, office, bureau or other administrative unit of the executive branch of the United States government.
41-412. Evaluation of federal law advisory council; members; duties
A. The evaluation of federal law advisory council is established consisting of:
1. The governor or the governor's designee, who is the chairperson of the council.
2. A person who is appointed by the governor.
3. The attorney general or the attorney general's designee.
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. Four county board of supervisors from different counties of this state who are appointed by the governor.
B. The purpose of the council is to evaluate federal law and policy pursuant to this chapter.
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 is required for discretionary decisions of the council. an elective member whose term has expired is no longer entitled to serve on the council and shall be replaced as provided by this section.
D. Members are not eligible to receive compensation or reimbursement for expenses.
41-413. Duties of council; appointment of attorneys
A. The council shall assist the governor and the legislature on the following types of issues:
1. The constitutionality of federal mandates.
2. When making recommendations to challenge the federal mandates and regulations, the rationale for and effectiveness of those federal mandates or regulations.
3. The advisability, feasibility, estimated cost and likelihood of success of challenging:
(a) Federal court rulings that:
(i) Hinder the management of the state's prison system and place undue financial hardship on the state's taxpayers.
(ii) Impact a power or a right reserved to the state or its citizens by the United States constitution, amendment IX or X.
(iii) Expand or grant a power to the United States government beyond the limited, enumerated powers granted by the United States constitution.
(b) A federal law or regulation that reduces or negates water rights or the rights of owners of private property, or the rights and interest of state and local governments, including sovereignty interests and the power to provide for the health, safety and welfare and promote the prosperity of their inhabitants.
(c) Federal intervention that would damage the state's mining, timber and ranching industries.
(d) The authority of the United States environmental protection agency and congress to mandate local air quality standards and penalties.
(e) Other issues that are relevant to this chapter.
B. The council chairperson may request the attorney general or a designee to provide testimony on potential legal actions that would enhance the state's sovereignty or authority on issues affecting this state and the well‑being of its citizens.
C. Subject to the provisions of this section, the council may select and employ attorneys to implement the purposes and duties of the council. The council chairperson, in consultation with the council, may direct any council attorney in any manner considered appropriate by the attorney general to best serve the purposes of the council.
D. The attorney general shall negotiate a contract for services with any attorney selected and approved for employment under this section.
E. The council chairperson, only with the concurrence of the council, may review and approve all claims for payments for:
1. Legal services that are submitted to the council.
2. An action filed pursuant to state law.
3. Costs related to a constitutional defense plan approved pursuant to section 41‑415 that are submitted by the attorney general.
F. Within five business days' notice, the council chairperson, with the concurrence of the council, may order the attorney general or an attorney employed by the council to cease work to be charged to the constitutional defense fund.
G. The council shall submit to each legislator a report on December 1 of each year by electronic mail that summarizes the council's activities and provide a copy of the report to the secretary of state.
41-414. Constitutional defense fund
A. The constitutional defense fund is established consisting of monies appropriated by the legislature. The council shall administer the fund. Monies in the fund are subject to legislative appropriation. Monies in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
B. The council may accept and spend private grants, gifts, contributions and devises to assist in carrying out the purposes of this chapter. These monies do not revert to the state general fund at the end of a fiscal year.
C. Monies in the fund may be used for:
1. The council for the council's duties as established in this chapter.
2. The office of the governor, to be used only for the purpose of asserting, defending or litigating state and local government rights pursuant to a plan developed and approved by section 41‑415.
3. A county or association of counties to assist counties, consistent with the purposes of the council, in pursuing issues affecting the counties.
4. The office of the attorney general to be used only for an action filed pursuant to state law or to advise the council.
D. The council shall require that any entity that receives monies from the constitutional defense fund provide financial reports and litigation reports to the council.
41-415. Constitutional defense plans
A. The council shall develop and approve a constitutional defense plan that outlines actions and expenditures to fulfill the council's duties established under this chapter.
B. The council shall:
1. Review expenditures, at least quarterly, made to further a plan approved under this section.
2. Approve an update to a plan under this section at least annually or more often if necessary.
3. Present the plan approved under this section, with any updates, to the president of the senate and the speaker of the house of representatives and forward a copy of the plan to the secretary of state.
41-416. Evaluation of federal law; response
A. Pursuant to section 41‑417, the council shall evaluate a federal law submitted to the council by a council member.
B. The council may request information regarding a federal law under evaluation from a United States senator or representative elected from this state.
C. If the council finds that a federal law is not authorized by the United States Constitution or violates the principle of federalism as described in section 41‑417, the council chairperson may:
1. Request from a United States senator or representative elected from this state:
(a) Information about the federal law.
(b) Assistance in communicating with a federal governmental entity regarding the federal law.
2. Give written notice of the evaluation required by subsection A of this section to the federal governmental entity responsible for adopting or administering the federal law and request a response by a specific date to the evaluation from the federal governmental entity.
3. Request a meeting, conducted in person or by electronic means, with the federal governmental entity and a council member, a representative from another state or a United States senator or representative elected from this state to discuss the evaluation of federal law and any possible remedy.
D. The council may recommend to the governor that the governor call a special session of the legislature to give the Legislature an opportunity to respond to the council's evaluation of a federal law.
E. The council chairperson may coordinate the evaluation of and response to the federal law with another state as provided in section 41‑418.
F. The council shall submit a report by electronic mail that summarizes action taken pursuant to this section to the governor, the president of the senate and the speaker of the house of representatives on May 20 and October 20 of each year and forward the report to the secretary of state.
41-417. Standard for evaluation of federal law
A. The council shall evaluate whether a federal law submitted under section 41‑416 is authorized by:
1. Article I, section 2, Constitution of the United States, to provide for the decennial census.
2. Article I, section 4, Constitution of the United States, to override state laws regulating the times, places and manner of congressional elections, other than the place of senatorial elections.
3. Article I, section 7, Constitution of the United States, to veto bills, orders and resolutions by Congress.
4. Article I, section 8, Constitution of the United States, to:
(a) Lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States, but all duties, imposts and excises shall be uniform throughout the United States.
(b) Borrow money on the credit of the United States.
(c) Regulate commerce with foreign nations, among the several states and with the Indian tribes.
(d) Establish a uniform rule of naturalization and uniform laws on the subject of bankruptcies throughout the United States.
(e) Coin money, regulate the value of coin money and of foreign coin, and fix the standard of weights and measures.
(f) Provide for the punishment of counterfeiting the securities and current coin of the United States.
(g) Establish post offices and post roads.
(h) Promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.
(i) Constitute tribunals inferior to the supreme court.
(j) Define and punish piracies and felonies committed on the high seas and offences against the law of nations.
(k) Declare war, grant letters of marque and reprisal and make rules concerning captures on land and water.
(l) Raise and support armies, but no appropriation of money to that use shall be for a longer term than two years.
(m) Provide and maintain a navy.
(n) Make rules for the government and regulation of the land and naval forces.
(o) Provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions.
(p) Provide for organizing, arming, and disciplining the militia and for governing the part of the militia that may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers and the authority of training the militia according to the discipline prescribed by Congress.
(q) Exercise exclusive legislation in all cases whatsoever over such district, which may not exceed ten miles square, as may, by cession of particular states and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the place shall be, for the erection of forts, magazines, arsenals, dock-yards and other needful buildings.
(r) Make all laws which shall be necessary and proper for carrying into execution the powers listed in this paragraph, and all other powers vested by the United States Constitution in the government of the United States, or in any department or officer of the United States.
5. Article I, section 9, Constitution of the United States, to authorize a federal officer to receive benefits from a foreign nation.
6. Article I, section 6, Constitution of the United States, to fix the pay of members of Congress and of federal officers.
7. Article II, section 1, Constitution of the United States, to:
(a) Set the time for choosing electors.
(b) Establish who succeeded to the presidency after the vice president.
8. Article II, section 2, Constitution of the United States, to:
(a) Serve as commander-in-chief of the armed forces.
(b) Require the written opinions of executive officers.
(c) Grant reprieves and pardons.
(d) Make vacancy appointments.
(e) Make treaties, subject to the advice and consent of the United States senate.
(f) Appoint foreign affairs officers subject to the advice and consent of the United States senate.
(g) Appoint domestic affairs officers subject either to the advice and consent of the United States senate or pursuant to law.
(h) Appoint judges subject to the advice and consent of the United States senate.
(i) Authorize the president to fill designated inferior offices without senatorial consent.
9. Article II, section 3, Constitution of the United States, to:
(a) Receive representatives of foreign powers.
(b) Execute the laws.
(c) Commission United States officers.
(d) Give Congress information.
(e) Make recommendations to Congress.
(f) Convene Congress on extraordinary occasions.
(g) Adjourn Congress if it cannot agree on a time.
10. Article III, section 1, Constitution of the United States, to:
(a) Create exceptions to the supreme court's appellate jurisdiction.
(b) Fix the jurisdiction of federal courts inferior to the supreme court.
(c) Declare the punishment for treason.
11. Article IV, section 1, Constitution of the United States, to establish the rules by which the records and judgments of states are proved in other states.
12. Article IV, section 3, Constitution of the United States, to:
(a) Manage federal property.
(b) Dispose of federal property.
(c) Govern the federal territories.
(d) Consent to admission of new states or the combination of existing states.
13. Article IV, section 4, Constitution of the United States, to defend states from invasion, insurrection and nonrepublican forms of government.
14. Article V, Constitution of the United States, to propose constitutional amendments.
15. Article VI, Constitution of the United States, to prescribe the oath for federal officers.
16. Amendment XIII, Constitution of the United States, to abolish slavery.
17. Amendment XIV, Constitution of the United States, to guard people from certain state abuses.
18. Amendment XVI, Constitution of the United States, to impose taxes on income from any source without having to apportion the total dollar amount of tax collected from each state according to each state's population in relation to the total national population.
19. Amendment XX, Constitution of the United States, to revise the manner of presidential succession.
20. Amendment XV, XIX, XXIII or XXIV, Constitution of the United States, to extend and protect the right to vote.
21. Amendment XVII, Constitution of the United States, to grant a pay raise to a sitting Congress.
B. The council shall evaluate whether a federal law submitted under section 41‑416 violates the principle of federalism by:
1. Affecting the distribution of power and responsibility among the states and national government.
2. Limiting the policymaking discretion of this state.
3. Impacting a power or a right reserved to this state or this state's citizens by Amendment IX or X, Constitution of the United States.
4. Impacting the sovereignty rights and interest of this state or a political subdivision of this state to provide for the health, safety and welfare and promote the prosperity of this state's or political subdivision's inhabitants.
C. In the evaluation of a federal law, the council:
1. Shall rely on:
(a) The text of the United States Constitution, as amended.
(b) The meaning of the text of the United States Constitution, as amended, at the time of its drafting and ratification.
(c) A primary source document that is either:
(i) Directly relevant to the drafting, adoption, ratification or initial implementation of the United States Constitution, as amended.
(ii) Created by a person directly involved in the drafting, adoption, ratification or initial implementation of the United States Constitution, as amended.
2. May rely on other relevant sources, including federal court decisions.
3. Is not bound by a holding by a federal court.
41-418. Communication with other states
The council chairperson may correspond with the presiding officer of the legislative branch of another state or an entity of another state that has powers and duties that are similar to the council to discuss and coordinate the evaluation of and response to federal law as provided in section 41‑416.
