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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: PSLE DP 8-6-0-1 |
HB 2904: sovereign authority; border; health crisis
Sponsor: Representative Montenegro, LD 29
Caucus & COW
Overview
Declares the movement of illicit drugs across the Arizona-Mexico border is a public health crisis and directs the Department of Health Services (DHS) to do everything within its authority to address the crisis.
History
Article I, Section 10 and Article IV, Section 4 of the United States (U.S.) Constitution are known as the Contract Clause and the Guarantee Clause, respectively. The Contract Clause proscribe states' powers regarding contracts, imports and exports, and describe acts requiring the consent of Congress. Alternatively, the Guarantee Clause guarantees a republican form of government for each state and the physical protections that are provided by the U.S. Government to states (U.S. Const. art. I, § 10; art. IV § 4).
Article II, Section 3 of Arizona's Constitution states that the U.S. Constitution is the supreme law of the land and asserts that Arizona may exercise its sovereign authority to restrict the actions of its personnel and use of its financial resources by passing legislation or pursuing other legal remedies. Lastly, the section prohibits the State from cooperating with a designated federal action or program if its people or their representatives exercise their authority pursuant to the section (Arizona Constitution, Art. II § 3).
Established in 1973, DHS is responsible for: 1) the licensing and regulation of health care and childcare facilities; 2) disease control, immunization and the promotion of health programs and education; 3) the maintenance of emergency medical services and state laboratories; and 4) producing public health statistics and vital records which include birth and death certificates (Arizona State Library, DHS).
Provisions
1. Declares, pursuant to the U.S. Constitution's Contract Clause and Guarantee Clause, and the Constitution of Arizona, that it is the public policy of Arizona to protect the State from drug cartels that threaten the health and safety of the public. (Sec. 1)
2. Declares that the Federal Government's failure to secure the Arizona-Mexico border to protect the State from an unlawful invasion is dangerous and unprecedented. (Sec. 1)
3. Requires Arizona's laws be interpreted and construed to protect the State's sovereign authority against any unlawful invasion at the Arizona-Mexico border. (Sec. 1)
4. Declares the trafficking of fentanyl across the Arizona-Mexico border as a public health crisis. (Sec. 2)
5. Asserts that the overdose deaths involving synthetic opioids are primarily driven by illicitly manufactured fentanyl. (Sec. 2)
6. Directs DHS to do everything within its authority to address the prescribed crisis. (Sec. 2)
7. Defines drug cartel to mean an ongoing formal or informal association of person in which members or associates individually or collectively engage in specified crimes. (Sec. 1)
8. Defines unlawful invasion to mean illicit activities of a drug cartel. (Sec. 1)
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Initials NM/AI HB 2904
2/9/2026 Page 0 Caucus & COW
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