HB2309 is a bill that asserts Arizona's public policy to protect its sovereign authority against federal actions that are inconsistent with the authority of state and local law enforcement agencies. The bill allows the Legislature, either house, or any member to direct the Attorney General to render a written opinion on the constitutionality of any federal law, treaty, order, rule, regulation, action, or program that is alleged to be inconsistent with state or local law enforcement authority. Additionally, the bill requires Arizona laws to be interpreted to protect the state's sovereign authority and declares any federal law or action found to violate the Arizona Constitution or the Tenth Amendment to the U.S. Constitution as null, void, and unenforceable in Arizona.

The bill was vetoed by the Governor, who indicated that it would create ambiguity within law enforcement and conflict with federally funded programs in Arizona. The bill had been amended to specify that any federal law or action found to violate Arizona's sovereign authority is unenforceable to the extent of the violation, and that such federal laws and actions are unenforceable if found unconstitutional by any court of competent jurisdiction, not just the Arizona or U.S. Supreme Court.

Statutes affected:
Introduced Version: 1-273
House Engrossed Version: 1-273
Senate Engrossed Version: 1-273