HB 2059
Initials CW Page 1 Caucus & COW
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)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note