PREFILED JAN 08 2025 REFERENCE TITLE: natural resources; federal law; requirements State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2059 Introduced by Representatives Fink: Keshel, Powell AN ACT amending Title 1, chapter 2, article 4, Arizona Revised Statutes, by adding section 1-273; relating to SOVEREIGN authority. (TEXT OF BILL BEGINS ON NEXT PAGE)
PREFILED JAN 08 2025
REFERENCE TITLE: natural resources; federal law; requirements
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HB 2059
Introduced by Representatives Fink: Keshel, Powell
REFERENCE TITLE: natural resources; federal law; requirements
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HB 2059
Introduced by
Representatives Fink: Keshel, Powell
AN ACT
amending Title 1, chapter 2, article 4, Arizona Revised Statutes, by adding section 1-273; relating to SOVEREIGN authority.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Title 1, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 1-273, to read: START_STATUTE1-273. Sovereign authority; natural resources; anticommandeering; exception; standard of review; civil penalty; violation; classification A. Pursuant to the sovereign authority of this state and article II, section 3, Constitution of Arizona, this state and any political subdivision of this state, or an employee of an agency of this state or any political subdivision of this state acting in the employee's official capacity, may not do any of the following: 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. B. This section does not prohibit this state or any political subdivision of this state, or an employee of an agency of this state or any political subdivision of this state acting in the employee's official capacity, from complying with a court order. C. In any proceeding to enforce compliance with a 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, the court shall decide all questions of law and questions of fact relating to the federal act, law, order, rule or regulation without deference to any previous determination that may have been made on the question by a federal agency. D. Any agent or employee of this state or of any 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. A person who is guilty of a class 1 misdemeanor 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. E. A political subdivision of this state may not receive state grant monies if the political subdivision adopts a rule, order, ordinance or policy under which the political subdivision violates this section. The political subdivision may not receive any state grant monies in the fiscal year following the year in which a final judicial determination in an action brought pursuant to this section is made that the political subdivision has intentionally required actions that violate this section. END_STATUTE Sec. 2. Legislative findings The legislature finds that: 1. In enacting this act, the legislature intends to protect Arizona employees, including law enforcement officers, from being directed, through federal executive orders, agency orders, statutes, laws, rules or regulations in effect on or after the effective date of this act, to violate the person's oath of office and rights affirmed under the Tenth Amendment to the United States Constitution. 2. Pursuant to and in furtherance of the principles of federalism enshrined in the United States Constitution, and recognized by the Supreme Court of the United States, the federal government may not commandeer this state's officers, agents or employees to participate in the enforcement or facilitation of any federal act or regulatory program. 3. The right to be free from the commandeering hand of the federal government has been recognized by the Supreme Court of the United States in New York v. United States, 505 U.S. 144 (1992) and Printz v. United States, 521 U.S. 898 (1997), among other cases, with the court consistently holding that the federal government may neither issue directives requiring the states to address particular problems, nor command the states' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. 4. The anticommandeering principles recognized by the Supreme Court of the United States in New York v. United States, 505 U.S. 144 (1992) and Printz v. United States, 521 U.S. 898 (1997), among other cases, are predicated on the advice of James Madison, who in Federalist Number 46 advised "a refusal to cooperate with officers of the Union" in response to either unconstitutional federal measures or constitutional but unpopular federal measures. Sec. 3. Severability If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. Sec. 4. Short title This act may be cited as the "Natural Resources Anticommandeering Act".
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 1, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 1-273, to read:
START_STATUTE1-273. Sovereign authority; natural resources; anticommandeering; exception; standard of review; civil penalty; violation; classification
A. Pursuant to the sovereign authority of this state and article II, section 3, Constitution of Arizona, this state and any political subdivision of this state, or an employee of an agency of this state or any political subdivision of this state acting in the employee's official capacity, may not do any of the following:
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.
B. This section does not prohibit this state or any political subdivision of this state, or an employee of an agency of this state or any political subdivision of this state acting in the employee's official capacity, from complying with a court order.
C. In any proceeding to enforce compliance with a 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, the court shall decide all questions of law and questions of fact relating to the federal act, law, order, rule or regulation without deference to any previous determination that may have been made on the question by a federal agency.
D. Any agent or employee of this state or of any 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. A person who is guilty of a class 1 misdemeanor 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.
E. A political subdivision of this state may not receive state grant monies if the political subdivision adopts a rule, order, ordinance or policy under which the political subdivision violates this section. The political subdivision may not receive any state grant monies in the fiscal year following the year in which a final judicial determination in an action brought pursuant to this section is made that the political subdivision has intentionally required actions that violate this section. END_STATUTE
Sec. 2. Legislative findings
The legislature finds that:
1. In enacting this act, the legislature intends to protect Arizona employees, including law enforcement officers, from being directed, through federal executive orders, agency orders, statutes, laws, rules or regulations in effect on or after the effective date of this act, to violate the person's oath of office and rights affirmed under the Tenth Amendment to the United States Constitution.
2. Pursuant to and in furtherance of the principles of federalism enshrined in the United States Constitution, and recognized by the Supreme Court of the United States, the federal government may not commandeer this state's officers, agents or employees to participate in the enforcement or facilitation of any federal act or regulatory program.
3. The right to be free from the commandeering hand of the federal government has been recognized by the Supreme Court of the United States in New York v. United States, 505 U.S. 144 (1992) and Printz v. United States, 521 U.S. 898 (1997), among other cases, with the court consistently holding that the federal government may neither issue directives requiring the states to address particular problems, nor command the states' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program.
4. The anticommandeering principles recognized by the Supreme Court of the United States in New York v. United States, 505 U.S. 144 (1992) and Printz v. United States, 521 U.S. 898 (1997), among other cases, are predicated on the advice of James Madison, who in Federalist Number 46 advised "a refusal to cooperate with officers of the Union" in response to either unconstitutional federal measures or constitutional but unpopular federal measures.
Sec. 3. Severability
If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
Sec. 4. Short title
This act may be cited as the "Natural Resources Anticommandeering Act".