Arizona 54th Legislature - 2nd Regular Session Status: In Committee 11 R cosponsors

HCR 2036 — sanctuary jurisdiction; prohibition; law enforcement

Last action — House Second Reading

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 54th Legislature - 2nd Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

202 added · 68 removed

Plain-language change summary

The bill HCR 2036 has undergone significant changes. Initially, it proposed an amendment related to state and local cooperation with federal law enforcement, but the revised version focuses on altering the classification of students for tuition purposes. This shift is important because it indicates a new priority for the legislature, aiming to address how students are classified when determining their tuition rates, which could impact access to education for many students in Arizona.

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HCR2036 - 542R - I Ver *Sponsorship has changed since the bill was introduced     REFERENCE TITLE:
HCR2036 - 542R - H-Judiciary - Strike Everything-Proposed   Fifty-fourth Legislature                                                Judiciary Second Regular Session                                                H.C.R.
sanctuary jurisdiction;
  PROPOSED HOUSE OF REPRESENTATIVES AMENDMENTS TO H.C.R.
prohibition;
2036 (Reference to printed resolution)     Strike everything after the resolving clause and insert:
law enforcement         State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session       HCR 2036   *Introduced by Representatives Shope:
"1.  Under the power of the referendum, as vested in the Legislature, the following measure, relating to the classification of students for tuition purposes, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
Allen J, Barto, Biasiucci, Blackman, Carroll, Cobb, Cook, Dunn, Fillmore, Finchem, Grantham, Griffin, Kavanagh, Lawrence, Nutt, Osborne, Petersen, Pierce, Roberts, Toma, Udall, Weninger, Senators Allen S, Pratt     A CONCURRENT RESOLUTION   proposing an amendment to the constitution of arizona;
AN ACT amending sections 1‑502, 15‑1803 and 15‑1825, Arizona Revised Statutes;
amending article II, constitution of arizona, by adding section 38;
relating to the classification of students for tuition purposes.
relating to state and local cooperation with federal law enforcement.
Be it enacted by the Legislature of the State of Arizona:
    (TEXT OF BILL BEGINS ON NEXT PAGE)   Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
Section 1.  Section 1-502, Arizona Revised Statutes, is amended to read:
1.  Article II, Constitution of Arizona, is proposed to be amended by adding section 38 as follows if approved by the voters and on proclamation of the Governor:
START_STATUTE1-502.  Eligibility for state or local public benefits;
38.  Restrictions on law enforcement cooperation;
documentation;
sanctuary jurisdiction;
violations;
prohibitions Section 38.  A.  This state or Any county, city, town or political subdivision of this state may not declare itself a sanctuary jurisdiction that through statute, regulation, ordinance, resolution, policy, rule or procedure prohibits or restricts any law enforcement entity from either:
classification;
1.  Sharing, accepting, preserving, coordinating or collaborating with any federal, state or local government entity in order to determine the immigration status of any individual unless it is determined that the action may impede a law enforcement investigation.
citizen suits;
2.  Complying with a lawful notice, request or order by the United States department of Homeland Security pursuant to the immigration and Nationality Act (66 Stat.
court costs and attorney fees;
163;
definition A.  Notwithstanding any other state law and to the extent permitted allowed by federal law, any agency of this state or a political subdivision of this state that administers any state or local public benefit shall require each natural person who applies for the state or local public benefit to submit at least one of the following documents to the entity that administers the state or local public benefit demonstrating lawful presence in the United States:
8 United States Code sections 1226 and 1357).
1.  An Arizona driver license issued after 1996 or an Arizona nonoperating identification license.
B.  This section does not prevent a law enforcement entity from sharing information with victims of crime regarding federal programs that provide immigration assistance to victims of crime.
2.  A birth certificate or delayed birth certificate issued in any state, territory or possession of the United States.
Sec. 2.  Legislative intent The Legislature finds:
3.  A United States certificate of birth abroad.
1.
4.  A United States passport.
Arizona is a state that welcomes citizens from all over the country and all over the world.  The United States is a nation of immigrants and Arizona has a rich history of being a place that all who come here through legal means can call home.
5.  A foreign passport with a United States visa.
2.  Arizona law enforcement professionals are tasked with working in diverse communities to protect public safety in a way that also protects the constitutional rights of the citizens of Arizona and creates a culture of cooperation and trust.
6.  An I-94 form with a photograph.
3.  Efforts have been made to tie the hands of law enforcement, preventing law enforcement from enforcing the rule of law and putting local resources at risk which is not good for public safety or for the local cities and towns of Arizona.
7.  A United States citizenship and immigration services employment authorization document or refugee travel document.
2.  The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.
8.  A United States certificate of naturalization.
9.  A United States certificate of citizenship.
10.  A tribal certificate of Indian blood.
11.  A tribal or bureau of Indian affairs affidavit of birth.
B.  For the purposes of administering the Arizona health care cost containment system, documentation of citizenship and legal residence shall conform with the requirements of title XIX of the social security act.
C.  To the extent permitted allowed by federal law, an agency of this state or political subdivision of this state may allow tribal members, the elderly and persons with disabilities or incapacity of the mind or body to provide documentation as specified in section 6036 of the federal deficit reduction act of 2005 (P.L.
109-171;
120 Stat.
81) and related federal guidance in lieu of the documentation required by this section.
D.  Any person who applies for state or local public benefits shall sign a sworn affidavit stating that the documents presented pursuant to subsection A of this section are true under penalty of perjury.
E.  Failure to report discovered violations of federal immigration law by an employee of an agency of this state or a political subdivision of this state that administers any state or local public benefit is a class 2 misdemeanor.  If that employee's supervisor knew of the failure to report and failed to direct the employee to make the report, the supervisor is guilty of a class 2 misdemeanor.
F.  This section shall be enforced without regard to race, color, religion, sex, age, disability or national origin.
G.  Any person who is a resident of this state has standing in any court of record to bring suit against any agent or agency of this state or its political subdivisions to remedy any violation of any provision of this section, including an action for mandamus.  Courts shall give preference to actions brought under this section over other civil actions or proceedings pending in the court.
H.  The court may award court costs and reasonable attorney fees to any person or any official or agency of this state or a county, city, town or other political subdivision of this state that prevails by an adjudication on the merits in a proceeding brought pursuant to this section.
I.  For the purposes of this section, "state or local public benefit" has the same meaning prescribed in 8 United States Code section 1621, except that it does not include:
1.  Commercial or professional licenses, benefits provided by the public retirement systems and plans of this state or services widely available to the general population as a whole.
2.  For persons described in section 15‑1803, subsections D and E, postsecondary education.
END_STATUTE Sec. 2.  Section 15-1803, Arizona Revised Statutes, is amended to read:
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START_STATUTE15-1803.  Alien in‑state student status;
deferred action for childhood arrivals in‑state student status A.  An alien is entitled to classification as an in‑state refugee student if such the person has been granted refugee status in accordance with all applicable laws of the United States and has met all other requirements for domicile.
B.  Except as provided in subsections D and E of this section, in accordance with the illegal immigration reform and immigrant responsibility act of 1996 (P.L.
104-208;
110 Stat.
3009), a person who was not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state student pursuant to section 15‑1802 or entitled to classification as a county resident pursuant to section 15‑1802.01.
C.  Each community college and university shall report on December 31 and June 30 of each year to the joint legislative budget committee the total number of students who were entitled to classification as an in-state student and the total number of students who were not entitled to classification as an in-state student under this section because the student was not a citizen or legal resident of the United States or is without lawful immigration status.
D.  Notwithstanding any other law, a student who meets all of the following requirements is eligible for in‑state tuition at any university under the jurisdiction of the Arizona board of regents or any community college as defined in section 15‑1401:
1.  Meets all of the following eligibility criteria prescribed under the federal deferred action for childhood arrivals program established on June 15, 2012, except that this paragraph does not require a student to have applied for or received a grant of deferred action under the federal deferred action for childhood arrivals program established on June 15, 2012:
(a)  Was under the age of thirty‑one as of June 15, 2012.
(b)  Came to the United States before reaching sixteen years of age.
(c)  Has continuously resided in the United States since June 15, 2007, up to the present time.
(d)  Was physically present in the United States on June 15, 2012.
(e)  Had no lawful status on June 15, 2012.
(f)  Has not been convicted of a felony, a significant misdemeanor or three or more other misdemeanors and does not otherwise pose a threat to national security or public safety.
2.  Attended any public or private high school or homeschool equivalent while physically present in this state pursuant to section 15‑802 for at least three years.
3.  Graduated from any public or private high school or homeschool equivalent while physically present in this state pursuant to section 15‑802 or obtained a high school general equivalency diploma in this state.
E.  Persons without lawful immigration status are eligible for in‑state tuition pursuant to subsection D of this section.
Sec. 3.  Section 15-1825, Arizona Revised Statutes, is amended to read:
START_STATUTE15-1825.  Prohibited financial assistance;
exception;
report A.  A person who is not a citizen of the United States, who is without lawful immigration status and who is enrolled as a student at any university under the jurisdiction of the Arizona board of regents or at any community college under the jurisdiction of a community college district in this state is not entitled to tuition waivers, fee waivers, grants, scholarship assistance, financial aid, tuition assistance or any other type of financial assistance that is subsidized or paid in whole or in part with state monies, except that this subsection does not prohibit a person described in section 15‑1803, subsections D and E from receiving in‑state tuition at any university under the jurisdiction of the Arizona board of regents or any community college as defined in section 15‑1401.  B.  Each community college and university shall report on December 31 and June 30 of each year to the joint legislative budget committee the total number of students who applied and the total number of students who were not entitled to tuition waivers, fee waivers, grants, scholarship assistance, financial aid, tuition assistance or any other type of financial assistance that is subsidized or paid in whole or in part with state monies under this section because the student was not a citizen or legal resident of the United States or not lawfully present in the United States.
C.  This section shall be enforced without regard to race, religion, gender, ethnicity or national origin.
END_STATUTE 2.  The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona." Amend title to conform     DIEGO RODRIGUEZ     HCR2036RODRIGUEZ 02/14/2020 03:58 PM C:
HN    
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Action History

  1. House Second Reading

  2. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 24 co-sponsors · 68 not signed on

Sponsors (1)

Co-sponsors (24)

Not signed on (68)

68 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety immigration
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HCR 2036?
HCR 2036 is sponsored by Thomas "T.J." Shope (Republican), Leo Biasiucci (Republican), Frank Carroll (Republican), Timothy "Tim" Dunn (Republican), Mark Finchem (Republican), Gail Griffin (Republican), John Kavanagh (Republican), Jeff Weninger (Republican), Sylvia Allen (Republican), Walt Blackman (Republican), Travis W. Grantham, John Fillmore, David L. Cook, Regina E. Cobb, Frank Pratt, Michelle Udall, Ben Toma, Bret Roberts, Steve Pierce, Warren Petersen, Joanne Osborne, Becky A. Nutt, Jay Lawrence, and Nancy Barto.
What is the current status of HCR 2036?
This bill died with 54th Legislature - 2nd Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HCR 2036?
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