Assigned to APPROP                                                                                                                      FOR COMMITTEE

ARIZONA STATE SENATE

Fiftieth Legislature, First Regular Session

FACT SHEET FOR S.B. 1308

interstate compact; birth certificates.

Purpose

            Authorizes and directs the Governor to enter into an Interstate Birth Certificate Compact (Compact) with other states.

Background

            The Citizenship Clause in the 14^th Amendment to the U.S. Constitution states that, “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

            Article 1, Section 10, Clause 3 of the U.S. Constitution reads: “No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.”

            According to A.R.S. § 36-333, birth certificates are required to be registered within seven days after a child’s birth in Arizona.  A local, deputy or state registrar will register a birth certificate if it is accurate, complete and properly submitted.  A.R.S. § 36-333 also specifies the responsibilities for certain persons regarding the requirements for birth certificates, including: a) who must obtain the information, including social security numbers and signatures; b) who must fill out the birth certificate; and c) who must submit the birth certificate to the registrar. 

            The fiscal impact associated with this legislation is undetermined.

Provisions

Terms

1. Requires each party state to make a distinction in the birth certificates, certifications of live births or other birth records issued in the party states between:

a) a person born in the party state who is born subject to the jurisdiction of the U.S.; and

b) a person who is not born subject to the jurisdiction of the U.S.

2. Specifies that a person who is born subject to the jurisdiction of the U.S. is a natural born U.S. citizen.

Definitions

3. Defines subject to the jurisdiction of the U.S. as the meaning that it bears in § 1 of the 14^th Amendment to the U.S. Constitution, which is that the person is a child of at least one parent who does not owe allegiance to any foreign sovereignty, or a child without citizenship or nationality in any foreign country.

4. Specifies that a person who does not owe allegiance to any foreign sovereignty is a U.S. citizen or national, an immigrant accorded the privilege of permanent U.S. residency, or a person without nationality in any foreign country.

Enforcement

5. Requires the governor of each party state to enforce the Compact.

6. States that a taxpaying resident of a party state has standing in the courts of any party state to require the governor of any party state to enforce the Compact.

Administration

7. Designates the governor of each party state or their designee as the Compact administrator.

8. Requires a Compact administrator to:

a) maintain an accurate list of party states;

b) formulate the necessary and proper procedures to effectuate the Compact;

c) delegate tasks to other state agencies; and

d) furnish information or documents that are reasonably necessary to facilitate the administration of the Compact to other party state administrators.

Entry into Effect and Withdrawal

9. States that the Compact is deemed accepted when at least two states deliver a specified notice of confirmation, to each other’s governor, the Office of the Clerk of the U.S. House of Representatives, the Office of the Secretary of the U.S. Senate, the President of the U.S. Senate and the Speaker of the U.S. House of Representatives.

10. Requires Congressional consent pursuant to Article 1, § 10, cl. 3 of the U.S. Constitution for the Compact to take effect.

11. Allows a party state to withdraw four years after the Compact first becomes effective.

Miscellaneous

12. Includes a findings and declaration of policy section.

13. Includes a construction and severability section, which includes an intent clause.

14. Becomes effective on the general effective date.

Prepared by Senate Research

February 3, 2011

GK/tf