Bill
Number: H.B. 2176
Allen
Floor Amendment
Reference
to: House engrossed bill
Amendment
drafted by: Sharon Carpenter
FLOOR
AMENDMENT EXPLANATION
The Allen floor amendment:
a) requires the Attorney
General (AG), rather than the State Land Commissioner, to annually request the
U.S. to relinquish all constitutionally nonenumerated federal lands in, and
transfer title to, Arizona by December 31, 2021;
b) allows, rather than
requires, the AG to initiate proceedings beginning January 1, 2022, if those
lands are not relinquished, subject to legislative appropriation;
c) removes the
requirement to transfer the lands through sale and to the State Land Trust; and
d) asserts that the AG
has the ability to initiate proceedings in state and federal court.
Page 1, line 6, strike "commissioner" insert
"attorney general"
Line 8, strike "through
sale or"; strike "the" insert "this"
Line 9, strike "land
trust"; strike "2025"
insert "2021"
Line 10, strike "2026"
insert "2022";
after the second comma insert “subject
to legislative appropriation,”; strike “SHALL” insert “may”
Line 13, strike "the
state land trust" insert "this state"
Line 26, strike "1"
insert "I"
Between lines 39 and 40, insert:
Sec. 2. Section 41-193, Arizona Revised
Statutes, is amended to read:
START_STATUTE41-193. Department of law; composition; powers and duties
A. The department of law shall be composed of the
attorney general and the subdivisions of the department created as provided in
this article. Unless otherwise provided by law the department shall:
1. Initiate,
prosecute and defend in the supreme court all proceedings in
which the state or an officer thereof
of the state in his the officer's official capacity is a party.
2. At the direction of the governor or, alternatively, when deemed
necessary by the attorney general, initiate,
prosecute and defend any proceeding in a state court other than
the supreme court in which the state or an officer thereof of
the state is a party or has an interest.
3. Represent the state in any action or initiate an action in a federal court, the
cost thereof and the expenses of the attorney general incurred therein to be a
charge against the state.
4. Exercise supervisory powers over county attorneys
of the several counties in matters pertaining to that office and require
reports relating to the public business thereof.
5. At the direction of the governor, or when deemed
necessary, assist the county attorney of any county in the discharge of the
county attorney's duties.
6. Maintain a docket of all proceedings in which the
attorney general is required to appear, showing the condition thereof, the
proceedings therein, the proceedings subsequent to judgment and the reasons for
any delay of execution.
7. Upon
On demand by the
legislature, or either house or any member thereof of
the legislature, any public officer of the state or a county
attorney, render a written opinion upon
on any question of law
relating to their offices. Such opinions shall be public records.
8. Perform other duties prescribed by law.
B. The department of law, in the name of the state
and under the direction of the governor, shall purchase property offered for
sale under execution issued upon
on a judgment in favor of
or for the use of the state, and shall enter satisfaction, wholly or in part,
of such judgment as consideration for the purchase. If the property
of the judgment debtor has been sold under a prior judgment or is subject to a
prior judgment, lien or encumbrance, the department of law, under direction of
the governor, shall redeem the property from the prior judgment, lien or
encumbrance. All money necessary for the redemption shall be paid, upon on
the order of the governor, be
paid from money appropriated for such purpose.
C. The department of law shall institute
investigations for discovery of property which
that may have escheated
or would escheat to the state, and for such purpose may require any person
before the superior court to answer investigations, produce books and render
accounts relating to the property. The department may institute action in the
superior court of in the county in which the
property is located for recovery of escheats, or may require the county
attorney to conduct such proceedings."
Renumber to conform
Amend title to conform