House Engrossed

 

sovereign authority; law enforcement

(now:  law enforcement; sovereign authority)

 

 

 

 

State of Arizona

House of Representatives

Fifty-sixth Legislature

First Regular Session

2023

 

 

 

HOUSE BILL 2309

 

 

An Act

 

amending title 1, chapter 2, article 4, Arizona Revised Statutes, by adding section 1-273; relating to law enforcement authority.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 1, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 1-273, to read:

START_STATUTE1-273. Sovereign authority; right

A. Pursuant to the tenth amendment to the United States Constitution and article II, section 3, Constitution of Arizona, it is the public policy of this state to protect this state's sovereign authority against federal laws, treaties, orders, rules, regulations, actions and programs that are inconsistent with the authority of state and local law enforcement agencies.

B. Pursuant to section 41-193, on demand by the legislature, either house of the legislature or any member of the legislature, the Attorney General shall render a written opinion to determine the constitutionality of any federal law, treaty, order, rule, regulation, action or program that is alleged to be inconsistent with or contrary to the authority of state or local law enforcement agencies.

C. The laws of this state shall be interpreted and construed to protect this state's sovereign authority against federal actions, including in any proceeding in which this state or its political subdivisions are exercising their constitutional authority under article II, section 3, Constitution of Arizona.

D. Any law, treaty, executive order, rule or regulation of the United States government that has been found by the supreme court of the United States or the supreme court of this state to violate article II, section 3, Constitution of Arizona, or the tenth amendment to the United States Constitution is null, void and unenforceable in this state.END_STATUTE