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Committee recommends House Bill 2099 constitutional; counsel says state may opt into implementing federal programs
Summary
The Arizona House Rules Committee recommended that House Bill 2099 is constitutional and in proper form by a 4-3-1 vote after counsel said the bill reflects a state decision to participate in implementing federal programs, while acknowledging possible as-applied legal questions.
The Arizona House Rules Committee recommended that House Bill 2099 is constitutional and in proper form, voting 4 ayes, 3 nays and 1 absent.
Legal counsel told the committee that HB 2099 assigns certain implementation and administrative duties to state officers and that, unlike the federal government compelling state officers, this bill reflects the state’s choice to participate in implementing federal regulatory programs. "This bill, however, deals with the state itself deciding that it wants to participate in the implementation and administration of them," Mr. Holder said. "So it's not the same fact pattern we believe that was present in Prince."
The committee record shows counsel referenced the Tenth Amendment concern and a U.S. Supreme Court case addressing whether the federal government may compel state or local officers to carry out federal regulatory programs. Counsel said that, on its face, HB 2099 is constitutional and in proper form but acknowledged that as-applied challenges could arise and would require factual analysis. "Because this is just the state deciding what it wants to do amongst themselves... on its base, we do think that 02/1999 is constitutional," Mr. Holder said.
Representative Mathis asked whether the same concern from the Prince case applied; Mr. Holder distinguished Prince as a federal law compelling county law enforcement officers to act and said HB 2099 presents a different fact pattern because it expresses the state's own decision to participate.
The roll call recorded Carbone, Speaker Montenegro, Vice Chairman Carter and Chairman Hendricks voting aye; Representatives Contreras, De Los Santos and Mathis voting no; one member recorded absent. The secretary announced the committee’s recommendation that HB 2099 is constitutional and in proper form.
The committee did not adopt or refer amendments on the floor at this hearing. Counsel noted that potential as-applied constitutional challenges could be considered later if factual circumstances giving rise to a claim appear.
