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House Engrossed |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HOUSE BILL 2699 |
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AN ACT
amending title 17, chapter 3, article 1, Arizona Revised Statutes, by adding section 17‑321; amending title 17, chapter 4, Arizona Revised Statutes, by adding article 6; relating to endangered species programs.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 17, chapter 3, article 1, Arizona Revised Statutes, is amended by adding section 17-321, to read:
17-321. Taking of wolf
A landowner or lessee who is a livestock operator or the agent of the landowner or lessee may take a wolf in self-defense or the defense of the lives of others, if the taking is reported within twenty-four hours to the United States department of agriculture animal and plant health inspection service or a designated representative of the service.
Sec. 2. Title 17, chapter 4, Arizona Revised Statutes, is amended by adding article 6, to read:
ARTICLE 6. FEDERAL PROGRAM RESCISSION AND REIMBURSEMENT
17-486. Reimbursement from federal government; rescission of participation in programs; land use agreements
A. The attorney general shall take all steps necessary to obtain from the federal government monies sufficient to pay for all reimbursements pursuant to this section, including tracking failures by the federal government to comply with this section. These monies are in addition to monies received by the department from the federal government for implementing programs for threatened or endangered species. The attorney general shall deposit, pursuant to sections 35‑146 and 35‑147, all monies collected from the federal government for reimbursement in the federal reimbursement fund established by section 17‑487.
B. The reimbursements shall be for the use of property of this state or private property owners or damage to these properties, at the current market rates, in the current areas of the Mexican wolf recovery program. These damages include the costs of injury or death of livestock, including medical expenses and diminished value, and the costs of reduced value, reduced use or loss of use of private property.
C. The attorney general shall work with the state land department and private landowners to establish land use agreements with the federal government to compensate the state and private landowners for the use and diminution in value of their lands as a result of the Mexican wolf recovery program.
D. If the federal government does not enter into land use agreements pursuant to subsection C of this section or make the reimbursements prescribed by this section within six months after the effective date of this section or does not continue the land use agreements or make the reimbursements in any following year The legislature at its next regular session shall consider enacting legislation:
1. To prohibit the continued participation by this state in the Mexican wolf recovery program.
2. To require that Mexican wolves be removed from Arizona state land and private land and be restricted to federally controlled land.
17-487. Federal reimbursement fund; purpose
A. The federal reimbursement fund is established consisting of monies obtained from the federal government pursuant to section 17‑486. The attorney general shall administer the fund. Monies in the fund are continuously appropriated.
B. The attorney general shall use fund monies to reimburse persons who sustained losses from actions by wildlife described in section 17‑486, subsection B or from other aspects of the program, including loss of property, restricted access to property and other financial impacts.
C. The attorney general shall prescribe procedures for administering and determining the merits of claims made for reimbursement from the fund. Payment of valid claims for reimbursement may be made only from fund monies.
Sec. 3. Legislative findings
The legislature finds:
1. The Fifth Amendment to the United States Constitution establishes essential constitutional rights and protections of property. The Third Amendment forbids even a temporary and limited use of property without permission. Under the Endangered Species Act of 1973, the Mexican Wolf Recovery program in Arizona has violated the United States Constitution and Arizona's Enabling Act by imposing nonenumerated federal programs on state trust lands and private property owners without permission and without just compensation. In addition, the potential of federal prosecution for harming a wolf has forced citizens to forfeit their Fifth Amendment right, which prohibits deprivation of life, liberty or property without due process.
2. Unlike most threatened and endangered species programs, the Mexican Wolf Recovery program does not protect a currently residing native species, but instead introduces a brand new population of dangerous alpha-level predators and varmints into vast areas of land that have not seen wolves since the 1930s. Human settlements in these areas have dramatically increased and changed. Because these wolves have been bred and raised by humans, on release these predators, unlike wild wolves, have displayed little or no fear of humans, have congregated near human dwellings and have mated with domestic dogs. Therefore, these wolves are more unpredictable and dangerous than wild wolves to humans, family pets and livestock.
Sec. 4. Transmittal of this act
The secretary of state shall transmit a copy of this act to the President of the United States, the Secretary of the United States Department of the Interior and each Member of Congress from this state.