Rogue AZ Senate violates AZ Constitution

In a unanimous 30 – 0 vote the AZ Senate approved HB 2411 even though it contains 2 subjects but only 1 in the title, thus violating the Arizona Constitution (emphasis added):

Article 4, Section 13, Part 2:

  1. Subject and title of bills

Section 13. Every act shall embrace but one subject and matters properly connected therewith, which subject shall be expressed in the title; but if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be embraced in the title.

 

The bill violates the constitution, and the Senators well know it.  It is a repeat of the 2013 SB 1454 bill that also violated the constitution in this manner and was found unconstitutional and invalid after a court challenge was filed (Staropoli v. State of Arizona, CV 2013-009991).  They cannot hide behind the “all laws are presumed constitutional” doctrine when the bill is facially unconstitutional and such a violation was supported in the courts with the Attorney General, for the State, so admitting.

Based on the foregoing, the Court determines that the provisions of SB 1454 enumerated above that relate to planned communities/homeowner associations violate Article 4, pt. 2, § 13 of the Arizona Constitution and are void and unenforceable.

This unanimous vote can only be viewed as a concerted and cooperative effort pushed by the leaders of both parties.  I see it as a dangerous example of the tyranny of the legislature (“The tyranny of the legislature is really the danger most to be feared,” Thomas Jefferson letter to James Madison in Federal Papers #51) and a total disregard of the law.

The Senators seemed to have circled the wagons, saying: Try to tell us our job? Hah! We are everything!  You, the people, are nothing!   Take that!  Sue us again!

Will the Arizona House reject the Senate bills?  I think not.  It’s a top-down act by the legislative leaders with the legislators following orders.

 

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Published in: on April 13, 2017 at 6:42 pm  Comments (7)  

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  1. This bill was amended in the Senate Gov. committee and that’s where all the trouble began. The amendment contained the amendment to ARS33-440 which is not an HOA statute. I have an email from the individual who had this amendment put on the bill saying: “Our belief and hope is that ARS § 33-440 was inserted to cover areas where there is, quite literally, no “mandatory membership, mandatory dues” community association.” The intent was to amend the bill to include a non-HOA statute. All HOA statutes are found in Title 33, Chapter 9 (condos) and Chapter 16 (planned communities). ARS33-440 is found in Title 33, Chapter 4 (conveyances and deeds). It’s very clear that this bill violates the AZ State Constitution’s one subject rule which says: “Every act shall embrace but one subject. ..which subject shall be expressed in the title.” But, the bill addresses two subjects: HOAs and Non-HOAs. The title of the Senate engrossed bill states: “An act amending Sections 33-440, 33-1248, 33-1250 et.al . . . relating to condominiums and planned communities.” Note that the title does not include conveyances and deeds which is the title of Chapter ARS33-440 is located in; however, 33-440 is stated as being amended in the title. This is the second violation of the AZ State Constitution.
    I, and several other HOA advocates, have written to the sponsor of the bill, the Speaker of the House, the Pres. of the Senate, the Chairman and members of the Gov.Committee and all 90 legislators. Everything I have written has fallen on deaf ears. Every single Senator has voted “yes” on this bill!!! It’s very disheartening when legislators don’t care about violating their duty which is to ensure that all legislation is constitutionally correct.
    In an email today, I’ve asked the Speaker of the House to hold the bill. However if it is scheduled for Final Read on 4/18 (the last day of the session) below are the emails for all the State Representatives should you be inclined to write urging them to defeat this bill. (Just do a simple cut and paste.) Maybe they’ll listen if they get a ton of emails instead of just 3 or 4.

    Thank you!

    House Members:
    dhernandez@azleg.gov; jallen@azleg.gov ; lalston@azleg.gov; randrade@azleg.gov; bbarton@azleg.gov; wbenally@azleg.gov; rbolding@azleg.gov; pmosley@azleg.gov; rbowers@azleg.gov; pboyer@azleg.gov; kbutlerazleg.gov; ncampbell@azleg.gov; mcardenas@azleg.gov; hcarter@azleg.gov; kenclark@azleg.gov; rcobb@azleg.gov; dcoleman@azleg.gov; despinoza@azleg.gov; dstringer@azleg.gov; efarnsworth@azleg.gov; cfernandez@azleg.gov; mfinchem@azleg.gov; rgabaldon@azleg.gov; sgonzales@azleg.gov; djohn@azleg.gov; kpayne@azleg.gov; edescheenie@azleg.gov; akern@azleg.gov;ppowershannley@azleg.gov; rmartinez@azleg.gov; jlawrence@azleg.gov; vleach@azleg.gov; dlivingston@azleg.gov; plovas@azleg.gov; tclodfelter@azleg.gov; tnavarrete@azleg.gov; iblanc@azleg.gov; jmesnard@azleg.gov; msyns@azleg.gov; dmitchell@azleg.gov; jnorgaard@azleg.gov; mudall@azleg.gov; jrubalcava@azleg.gov; tgrantham@azleg.gov; asalman@azleg.gov; trivero@azleg.gov; rrios@azleg.gov ; mepstein@azleg.gov; msaldate@azleg.gov; dcook@azleg.gov; bnutt@azleg.gov; bthorpe@azleg.gov; ktownsend@azleg.gov; mugenti@azleg.gov; cchavez@azleg.gov; jweninger@azleg.gov; kengel@azleg.gov;
    rfriese@azleg.gov; dshooter@azleg.gov; tshope@azleg.gov

    • Thanks Mary for the important facts surrounding the Legislature’s conduct, and the emails of the legislators. Folks, read her comments and my posts and make your voice heard!

      • Thanks Shelly. Sorry, but my secretary was out today 🙂

  2. George, What can we do to make our concern noticed? Write a letter to someone? Who?

    • AT this critical time the person in power is the Speaker of the House, Javan Mesnard. He controls what is heard or not heard. If the House Concurs with Senate version the bill goes off to the Governor for signing. If not, a conference committee is set up to reconcile differences.

      Email Speaker Mesnard, jmesnad@azleg.gov, along with all republican and democratic leaders urging them not to place the Legislature in the unconscionable position of an illegitimate government — failing to uphold the AZ Constitution. Like the rejection of SB1240, the other facially unconstitutional bill, FAIL HB 2411.

  3. Although I live in Florida and this pertains to Ariz, I follow and share everything you write. Thank you for all of your time and knowledge you put into these articles.

  4. Thank you for all your hard work with the HOA information and detail.
    I appreciate the time and effort and your diligence.


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