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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
ENACTED
FACT SHEET FOR S.B. 1666/H.B. 2749
endangered species conservation; confidential information
Purpose
Beginning January 1, 2021, deems information collected in an endangered species survey as confidential information. Prescribes requirements for collecting information and penalties for disclosure of confidential species information.
Background
Under the federal Endangered Species Act, an endangered species is any species which is in danger of extinction throughout all or a significant portion of its range, except certain species of insects. The Act directs the U.S. Secretary of the Interior to list a species as an endangered species based on any the following factors: 1) the present or threatened destruction, modification, or curtailment of its habitat or range; 2) overutilization for commercial, recreational, scientific, or educational purposes; 3) disease or predation; 4) the inadequacy of existing regulatory mechanisms; or 5) other natural or manmade factors affecting its continued existence (U.S. ESA).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Deems information collected by or on behalf of a state agency in an endangered species survey or other species research as confidential information.
2. Prohibits disclosure of confidential information collected in an endangered species survey or other species research, if the information relates to the specific location, species identification or quantity of any animal or plant life under consideration, development or implementation of an endangered species survey or other species research or a conservation plan.
3. Subjects the violation of species confidentiality requirements to a $25,000 civil penalty for each violation.
4. Allows a state agency to disclose confidential collected species information only to the person who provided the information unless the person consents in writing to full or specific partial disclosure.
5. Requires confidential species information to be collected only through a standardized form in which the property owners provide express written consent to the survey or enrollment in a conservation plan.
6. Defines terms.
7. Becomes effective on January 1, 2021.
Amendments Adopted by Committee
1. Appropriates $450,000 from the state General Fund to the University of Arizona for the statewide species survey.
2. Makes conforming changes.
Committee of the Whole Action
· Withdrew the committee amendment.
Amendments Adopted by Committee of the Whole
· Makes technical changes.
Senate Action House Action
NRE 2/19/20 DPA 4-2-1 NREW 2/11/20 DPA 6-5-0-2
3rd Read* 3/3/20 17-13-0 3rd Read 2/25/20 31-29-0
(H.B. 2749 was substituted for S.B. 1666 on 3rd Read)
Signed by the Governor 3/10/20
Chapter 5
Prepared by Senate Research
March 10, 2020
KN/gs