HB 2059 — natural resources; federal law; requirements

HOUSEHouse FLOOREngrossed AMENDMENTnatural EXPLANATIONresources; Bill Number:

HB 2059 Fink Floor Amendment - Changes the prohibited actions of the state, state agencies, political subdivisions or state employee to enforcing, administering or cooperating with a list of federal actionslaw; and programs.

-requirements ProvidesState thatof grantsArizona fromHouse anyof sourceRepresentatives areFifty-seventh prohibitedLegislature toFirst beRegular receivedSession byHOUSE anyBILL agency2059 orAN politicalACT subdivisionAMENDING thatTITLE enforces,1, administersCHAPTER or2, cooperatesARTICLE with4, theARIZONA listedREVISED federalSTATUTES, actionsBY orADDING programs.SECTION 1-273;

AmendmentRELATING explanationTO preparedSOVEREIGN byAUTHORITY. Corbin W Phone Number 63458 ls 2/24/2025 Fifty-seventh Legislature Fink First Regular Session H.B.

2059(TEXT FINKOF FLOORBILL AMENDMENTBEGINS HOUSEON OFNEXT REPRESENTATIVESPAGE) AMENDMENTS- TOi - H.B.

2059 (ReferenceBe toit printedenacted bill)by Amendmentthe instructionLegislature key:of the State of Arizona:

[GREEN UNDERLINING IN BRACKETS] indicates text added to statute or previously enacted session law.

[Green underlining in brackets] indicates text added to new session law or text restoring existing law.

[GREEN STRIKEOUT IN BRACKETS] indicates new text removed from statute or previously enacted session law.

[Green strikeout in brackets] indicates text removed from existing statute, previously enacted session law or new session law.

<<Green carets>> indicate a section added to the bill.

<<Green strikeout in carets>> indicates a section removed from the bill.

The bill as proposed to be amended is reprinted as follows:

PURSUANT TO [THE SOVEREIGN AUTHORITY OF THIS STATE AND] ARTICLE II, SECTION 3, CONSTITUTION OF ARIZONA, THIS STATE[,]STATE, [AND] ANY [AGENCYAGENCY OR]OR POLITICAL SUBDIVISION OF THIS STATE[,STATE ORAND AN] [AND ANY ]EMPLOYEEEMPLOYEE OF [AN AGENCY OF] THIS STATE OR ANY [AGENCYAGENCY OR ]POLITICALPOLITICAL SUBDIVISION OF THIS STATE ACTING IN THE EMPLOYEE'S OFFICIAL CAPACITY[,CAPACITY ] MAY NOT [DOUSE ANY OF THE] [USE ANY PERSONNEL OR FINANCIAL RESOURCES TO ENFORCE, ADMINISTER OR COOPERATE WITH ANY OF THE]THE FOLLOWING [FEDERALFEDERAL ACTIONS OR PROGRAMS]:PROGRAMS:

[1.1.

KNOWINGLY AND WILLINGLY PARTICIPATE IN ANY WAY IN THE ENFORCEMENT OF ANY FEDERAL ACT, LAW, ORDER, RULE OR REGULATION THAT RELATES TO COAL, OIL, GAS, TIMBER OR OTHER EXTRACTIVE RESOURCES OR DOWNSTREAM INDUSTRIES RELATED TO THE EXTRACTIVE RESOURCES, IF THE FEDERAL ACT, LAW, ORDER, RULE OR REGULATION DOES NOT EXIST PURSUANT TO THE LAWS OF THIS STATE.

2.

USE ANY ASSETS, STATE MONIES, OR MONIES ALLOCATED BY THIS STATE TO A LOCAL ENTITY ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, IN WHOLE OR IN PART, TO ENGAGE IN ANY ACTIVITY THAT AIDS A FEDERAL AGENCY, FEDERAL AGENT OR CORPORATION PROVIDING SERVICES TO THE FEDERAL GOVERNMENT IN THE ENFORCEMENT OR ANY INVESTIGATION PURSUANT TO THE ENFORCEMENT OF ANY FEDERAL ACT, LAW, ORDER, RULE OR REGULATION THAT RELATES TO COAL, OIL, GAS, TIMBER OR OTHER EXTRACTIVE RESOURCES OR DOWNSTREAM INDUSTRIES RELATED TO THE EXTRACTIVE RESOURCES IF THE FEDERAL ACT, LAW, ORDER, RULE OR REGULATION DOES NOT EXIST PURSUANT TO THE LAWS OF THIS STATE.] House Amendments to H.B.

2059 [1.

16 UNITED STATES CODE SECTIONS 1536 THROUGH 1539).]1539). B.

THISB. SECTION DOES NOT PROHIBIT THIS STATE OR [ANY] [AN AGENCY OR] POLITICAL SUBDIVISION OF THIS STATE, OR AN EMPLOYEE OF [AN AGENCY OF] THIS STATE OR [ANY] [AN AGENCY OR] POLITICAL SUBDIVISION OF THIS STATE ACTING IN THE EMPLOYEE'S OFFICIAL CAPACITY, FROM COMPLYING WITH A COURT ORDER.

THIS SECTION DOES NOT PROHIBIT THIS STATE OR AN AGENCY OR POLITICAL SUBDIVISION OF THIS STATE, OR AN EMPLOYEE OF THIS STATE OR AN AGENCY OR POLITICAL SUBDIVISION OF THIS STATE ACTING IN THE EMPLOYEE'S OFFICIAL CAPACITY, FROM COMPLYING WITH A COURT ORDER.

IN ANY PROCEEDING [ININ SUPERIOR COURT]COURT TO ENFORCE COMPLIANCE WITH A FEDERAL [ACT,ACTION LAW, ORDER, RULE OR REGULATION THAT RELATES TO COAL, OIL, GAS, TIMBER OR OTHER EXTRACTIVE RESOURCES OR DOWNSTREAM INDUSTRIES RELATED TO THE EXTRACTIVE RESOURCES] [ACTION OR PROGRAM LISTED IN SUBSECTION A OF THIS SECTION],SECTION, THE COURT SHALL DECIDE ALL QUESTIONS OF LAW AND [ALL]ALL QUESTIONS OF FACT RELATING TO THE [DESIGNATED]DESIGNATED FEDERAL [ACT,ACTION LAW, ORDER, RULE OR REGULATION]PROGRAM [ACTION OR PROGRAM] WITHOUT DEFERENCE TO ANY PREVIOUS DETERMINATION THAT MAY HAVE BEEN MADE ON THE QUESTION BY A FEDERAL AGENCY.

D.- 1 - H.B.

ANY2059 [AGENTD. OR] EMPLOYEE OF THIS STATE OR OF ANY [AGENCY OR] POLITICAL SUBDIVISION OF THIS STATE WHO KNOWINGLY VIOLATES THIS SECTION, ON A FIRST VIOLATION, IS SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN $3,000 AND, ON A SECOND OR SUBSEQUENT VIOLATION, IS GUILTY OF A CLASS 1 MISDEMEANOR.

AANY PERSONEMPLOYEE WHOOF ISTHIS GUILTYSTATE OR OF AANY CLASSAGENCY 1OR MISDEMEANORPOLITICAL [PURSUANTSUBDIVISION TOOF THIS SUBSECTION]STATE ISWHO NOTKNOWINGLY ELIGIBLEVIOLATES FORTHIS PROBATION,SECTION, PARDON,ON SUSPENSIONA FIRST VIOLATION, IS SUBJECT TO A CIVIL PENALTY OF SENTENCENOT ORMORE RELEASETHAN ON$3,000 ANYAND, BASISON UNTILA THESECOND PERSONOR HASSUBSEQUENT SERVEDVIOLATION, NOTIS LESSGUILTY THANOF SIXTYA DAYSCLASS IN1 JAIL.MISDEMEANOR.

-2-A HousePERSON AmendmentsWHO toIS H.B.GUILTY OF A CLASS 1 MISDEMEANOR PURSUANT TO THIS SUBSECTION IS NOT ELIGIBLE FOR PROBATION, PARDON, SUSPENSION OF SENTENCE OR RELEASE ON ANY BASIS UNTIL THE PERSON HAS SERVED NOT LESS THAN SIXTY DAYS IN JAIL.

2059 E.

[AAN ] [AN AGENCY OR]OR POLITICAL SUBDIVISION OF THIS STATE MAY NOT RECEIVE [STATE] GRANT MONIES [FROMFROM ANY SOURCE]SOURCE IF THE [AGENCYAGENCY OR]OR POLITICAL SUBDIVISION ADOPTS A RULE, ORDER, ORDINANCE[,ORDINANCE, REGULATION]REGULATION OR POLICY [THEOR POLITICAL SUBDIVISION UNDER WHICH] [OR OTHERWISE TAKES ANY ACTION THAT]THAT VIOLATES THIS SECTION.

[THE]AN [AN AGENCY OR]OR POLITICAL SUBDIVISION MAY NOT RECEIVE [ANY STATE] GRANT MONIES [FROMFROM ANY SOURCE]SOURCE IN THE FISCAL YEAR FOLLOWING THE YEAR IN WHICH A FINAL JUDICIAL DETERMINATION IN AN ACTION BROUGHT PURSUANT TO THIS SECTION IS MADE [THATTHAT FINDS]FINDS THAT THE [AGENCYAGENCY OR]OR POLITICAL SUBDIVISION [HASADOPTED INTENTIONALLY REQUIRED ACTIONS] [ADOPTED A RULE, ORDER, ORDINANCE, REGULATION OR POLICY OR OTHERWISE TOOK ACTION]ACTION THAT [VIOLATE]VIOLATED [VIOLATED] THIS SECTION.

Sec.- 2 - H.B.

2059 Sec.

-3-Sec. House Amendments to H.B.

2059 Sec.

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