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REFERENCE TITLE: federal mandates; proof of constitutionality |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2437 |
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Introduced by Representative Gowan
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AN ACT
changing the designation of title 41, chapter 7, article 13, Arizona Revised Statutes, to "federal mandates"; amending title 41, chapter 7, article 13, Arizona Revised Statutes, by adding section 41‑1293.01; relating to the legislature.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Heading change
The article heading of title 41, chapter 7, article 13, Arizona Revised Statutes, is changed from "JOINT LEGISLATIVE COMMITTEE ON FEDERAL MANDATES" to "FEDERAL MANDATES".
Sec. 2. Title 41, chapter 7, article 13, Arizona Revised Statutes, is amended by adding section 41-1293.01, to read:
41-1293.01. Federal mandates; proof of constitutionality before passage of act
A. The legislature shall not enact any statute that appropriates state monies pursuant to a federal mandate or that complies with a federal mandate unless the federal mandate contains a report or document prescribing reasonable and logical arguments based on United States constitutional law that the federal mandate is a function of the federal government and will pass a constitutional challenge if contested in a court of law.
B. The report or document required by subsection a of this section shall specifically address whether the federal mandate violates the sovereign rights of this state that are guaranteed to the states by the tenth amendment of the United States Constitution.