AZ SB 1094 legislative intent mocks the legislature

Legislative intents are frowned upon according to the AZ bill drafting manual. However, ARS 41-1107 does require a statement of intent by the legislature.

“All legislation that diminishes a previous grant of authority to a political subdivision of this state shall contain an intent clause that explains the reason for the diminution of authority.”

The expressed intent is not the view of the sponsor, but a statement of opinion by all the legislators’ justifying the bill. This bill, as argued earlier in Sun Cities rec centers: politics at the AZ legislature, removes the authority of the Arizona Legislature to make law and gives it to the homeowners. The AZ decision in McLoughlin (McLoughlin v. Pima County (CA-CV 2001-0198, Div. 2, 2001) ) spells out the well-settled doctrine prohibiting the legislative delegation of authority to private parties.

The intent of this bill, as expressed, is laughable and mocks the integrity of the Arizona Legislature as a just and fair supporter of our democratic system of government. It’s a special bill for 2 HOAs out of some 10,000 in Arizona, plain and simple.

 

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HOAGOV

"The Voice for HOA Constitutionality". I have been a long-term homeowner rights authority, advocate and author of "The HOA-Land Nation Within America" (2019) and" Establishing the New America of independent HOA principalities" (2008). See HOA Constitutional Government at http://pvtgov.org. My efforts with HOAs took me to a broader concern that was deeply affecting the constituionality of HOAs. Those broad societal and plotical concerns caused me to start this new blog for my commentaries on the State of the New America.

One thought on “AZ SB 1094 legislative intent mocks the legislature”

  1. I agree with both of you, especially on the constitution. What I have looked at seems to sperate class of people thereby there is no equal justice accordingly. Just maybe this could have merit of argument according to Equal Protection Clause 14th amendment.

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