Yesterday I noticed that ARS shows the statutes as in Ch. 254 (SB 1454) that includes those found unconstitutional. This is misleading to the average person as there is no annotation that the court ruled certain statutes unconstitutional.
The status of these unconstitutional statutes must be brought to the attention of the court if an attempt is made to enforce any of them.
I can understand the need to formally remove these statutes by repealing them through the legislative process. But, until and if then, keeping them on ALIS with no annotation on the official records is mind boggling. The repeal is taking place within SB 1482, and the statutes are being replaced by almost exactly the same laws now shown in ARS. What’s the point? This is a win-win – pass the bill and minor changes to SB 1454 take place, kill the bill and the unconstitutional changes remain.
I believe it only proper that an annotation be placed in ALIS to alert the public as to the facts, and a separate bill filed that deals solely with the repeal of the unconstitutional statutes in SB 1454 in the event SB 1482 or a House version fails. This repeal bill should have been introduced at the start of the session, as “unfinished business,” and passed without delay. To allow unconstitutional laws to remain on the books is unconscionable.
Please call this sorrowful state of affairs to the attention of your media contacts ASAP!