HB 2469 — fentanyl; border; public health crisis

Senate Engrossed House BillEngrossed fentanyl;

public health crisis (now:State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session HOUSE BILL 2469 AN ACT AMENDING TITLE 36, CHAPTER 1, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 36-116;

sovereignRELATING authority;TO THE DEPARTMENT OF HEALTH SERVICES.

border;

health crisis) State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session HOUSE BILL 2469 AN ACT AMENDING TITLE 1, CHAPTER 2, ARTICLE 4, ARIZONA REVISED STATUTES, BY ADDING SECTION 1-273;

AMENDING TITLE 36, CHAPTER 1, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 36-116;

RELATING TO PUBLIC HEALTH AND SAFETY.

Title 1, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 1-273, to read:

1-273.

Sovereign authority;

self-defense and invasion;

definitions A.

PURSUANT TO ARTICLE I, SECTION 10 AND ARTICLE IV, SECTION 4, UNITED STATES CONSTITUTION, AND ARTICLE II, SECTION 3, CONSTITUTION OF ARIZONA, THE LEGISLATURE DECLARES IT IS THE PUBLIC POLICY OF THIS STATE TO PROTECT THIS STATE FROM DRUG CARTELS THAT THREATEN THE PUBLIC SAFETY, HEALTH OR GENERAL WELFARE OF THE PEOPLE.

B.

THE LEGISLATURE FURTHER DECLARES THAT THE FEDERAL GOVERNMENT'S FAILURE TO SECURE THE ARIZONA BORDER TO PROTECT THIS STATE FROM AN UNLAWFUL INVASION IS DANGEROUS AND UNPRECEDENTED.

C.

THE LAWS OF THIS STATE SHALL BE INTERPRETED AND CONSTRUED TO PROTECT THIS STATE'S SOVEREIGN AUTHORITY AGAINST ANY UNLAWFUL INVASION AT ARIZONA'S BORDER WITH MEXICO.

D.

FOR THE PURPOSES OF THIS SECTION:

1.

"DRUG CARTEL" MEANS AN ONGOING FORMAL OR INFORMAL ASSOCIATION OF PERSONS IN WHICH MEMBERS OR ASSOCIATES INDIVIDUALLY OR COLLECTIVELY ENGAGE IN:

(a) UNLAWFUL HUMAN SMUGGLING.

(b) TRAFFICKING OF FENTANYL OR ANY OTHER LETHAL DRUG FOR PROFIT.

(c) ANY ACT OF TERRORISM AS DEFINED IN SECTION 13-2301.

2.

"UNLAWFUL INVASION" MEANS ILLICIT ACTIVITIES OF A DRUG CARTEL.

Sec.

2.

public health crisis THIS STATE DECLARES THAT THE TRAFFICKING OF FENTANYL COMING ACROSS OUR BORDER IS A PUBLIC HEALTH CRISIS.

THISTHE STATEDEPARTMENT FURTHEROF DECLARESHEALTH THATSERVICES OVERDOSESHALL DEATHSDO INVOLVINGEVERYTHING SYNTHETICWITHIN OPIOIDSITS AREAUTHORITY PRIMARILYTO DRIVENSTEM BYTHIS ILLICITLYCRISIS. MANUFACTURED FENTANYL.

THE DEPARTMENT SHALL DO EVERYTHING WITHIN ITS AUTHORITY TO ADDRESS THIS CRISIS.