ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: NREW DP 5-4-1-0

HB 2059: natural resources; federal law; requirements

Sponsor: Representative Fink, LD 27

Caucus & COW

Overview

Prohibits the state, any political subdivision and state agency employees from knowingly and willingly participating in the enforcement of any federal act, law, order or regulation that relates to coal, oil, gas, timber and other extractive resources.

History

In 2014, voters amended Article II, section 3 of the Arizona Constitution to provide that the state may restrict the actions of its personnel and the use of its financial resources, to purposes that are consistent with the United States Constitution by passing an initiative, referendum or bill (General Election Guide 2014, pg 19).

Provisions

1. Prohibits the state, any political subdivision or employee acting in their official capacity from:

a) knowingly and willingly participating in any way to enforce a federal regulation that relates to coal, oil, gas, timber or other extractive resources of the federal regulation does not exist pursuant to the laws in Arizona; and

b) using state assets or monies to engage in an activity that aids any subdivision of the federal government to enforce regulations of coal, oil, gas, timber or other extractive resources. (Sec. 1)

2. Exempts employees who are acting in their official capacity to comply with a court order. (Sec. 1)

3. Prescribes standards for review civil penalties and judicial requirements for noncompliance with the prohibition. (Sec. 1)

4. Includes a legislative findings clause. (Sec. 2)

5. Contains a severability clause. (Sec. 3)

6. Provides that this act be cited as the "Natural Resources Anticommandeering Act." (Sec. 4)

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10. HB 2059

11. Initials CW Page 0 Caucus & COW

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