Bill Text: AZ HB2176 | 2015 | Fifty-second Legislature 1st Regular | Engrossed
Bill Title: Federal land relinquishment; payments
Spectrum: Partisan Bill (Republican 7-0)
Status: (Vetoed) 2015-04-13 - Governor Vetoed [HB2176 Detail]
Download: Arizona-2015-HB2176-Engrossed.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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HOUSE BILL 2176 |
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AN ACT
Amending title 37, chapter 5, article 1, Arizona Revised Statutes, by adding section 37-910; amending section 41‑193, Arizona Revised Statutes; relating to the attorney general.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 37, chapter 5, article 1, Arizona Revised Statutes, is amended by adding section 37-910, to read:
37-910. Relinquishment of nonenumerated federal land; applicability; definition
A. From and after the effective date of this section, the attorney general shall annually request the United States to relinquish all constitutionally nonenumerated federal land within this state to this state on or before December 31, 2021.
B. Beginning January 1, 2022, subject to legislative appropriation, the attorney general may initiate proceedings against the United States in order to force the relinquishment of all remaining constitutionally nonenumerated federal land within this state to this state.
C. This section does not apply to property:
1. That is held by the United States for the benefit, including water rights, of a federal reclamation project or managed by a political subdivision of this state or a special taxing district organized under title 48.
2. On which permanent improvements are constructed or that is legally encumbered.
3. That is associated with electrical power projects, including generation, transmission or distribution.
D. For the purposes of this section, "constitutionally nonenumerated federal land" means land that is held by the federal government and that does not serve a purpose enumerated in the United States Constitution, including article I, section 8, paragraph 17 of the United States Constitution, and:
1. Includes:
(a) United States bureau of land management holdings.
(b) national forests.
(c) wilderness areas.
(d) wildlife refuges.
(e) national monuments.
(f) national historic sites.
2. Does not include:
(a) national parks.
(b) Indian reservations.
(c) federal military installations.
(d) federal lands that contain permanent improvements such as federal structures for post offices, federal courts and federal agencies.
Sec. 2. Section 41-193, Arizona Revised Statutes, is amended to read:
41-193. Department of law; composition; powers and duties
A. The department of law shall be composed of the attorney general and the subdivisions of the department created as provided in this article. Unless otherwise provided by law the department shall:
1. Initiate, prosecute and defend in the supreme court all proceedings in which the state or an officer thereof of the state in his the officer's official capacity is a party.
2. At the direction of the governor or, alternatively, when deemed necessary by the attorney general, initiate, prosecute and defend any proceeding in a state court other than the supreme court in which the state or an officer thereof of the state is a party or has an interest.
3. Represent the state in any action or initiate an action in a federal court, the cost thereof and the expenses of the attorney general incurred therein to be a charge against the state.
4. Exercise supervisory powers over county attorneys of the several counties in matters pertaining to that office and require reports relating to the public business thereof.
5. At the direction of the governor, or when deemed necessary, assist the county attorney of any county in the discharge of the county attorney's duties.
6. Maintain a docket of all proceedings in which the attorney general is required to appear, showing the condition thereof, the proceedings therein, the proceedings subsequent to judgment and the reasons for any delay of execution.
7. Upon On demand by the legislature, or either house or any member thereof of the legislature, any public officer of the state or a county attorney, render a written opinion upon on any question of law relating to their offices. Such opinions shall be public records.
8. Perform other duties prescribed by law.
B. The department of law, in the name of the state and under the direction of the governor, shall purchase property offered for sale under execution issued upon on a judgment in favor of or for the use of the state, and shall enter satisfaction, wholly or in part, of such judgment as consideration for the purchase. If the property of the judgment debtor has been sold under a prior judgment or is subject to a prior judgment, lien or encumbrance, the department of law, under direction of the governor, shall redeem the property from the prior judgment, lien or encumbrance. All money necessary for the redemption shall be paid, upon on the order of the governor, be paid from money appropriated for such purpose.
C. The department of law shall institute investigations for discovery of property which that may have escheated or would escheat to the state, and for such purpose may require any person before the superior court to answer investigations, produce books and render accounts relating to the property. The department may institute action in the superior court of in the county in which the property is located for recovery of escheats, or may require the county attorney to conduct such proceedings.
Sec. 3. Legislative findings
A. The 42.1 percent of Arizona land (approximately 30,700,000 acres) under the control of the United States:
1. Was not constitutionally conveyed to the United States.
2. Is typically not being used for constitutionally enumerated uses.
3. Has been held since Arizona's 1912 statehood, which is an unreasonable length of time.
4. Is grossly disproportionate to similar federal land holdings within the eastern states, which constitutes a violation of the Equal Footing Doctrine and the principle of basic fairness across sovereign states.
B. In comparison to eastern states, the large presence of the United States as a landholder within this state clearly dilutes state sovereignty, impedes this state's ability to govern (for example, to lay and collect taxes, fund education, fund first responders, fund and maintain infrastructure and exercise policing powers), and begs the question as to whether those lands in question actually comprise a portion of the current state of Arizona or whether they have not fundamentally changed disposition from the territorial status that existed before 1912.
C. According to Professor Robert Natelson of the Independence Institute, the United States Constitution grants the federal government no plenary power to hold land, only to dispose of and to acquire real estate and other property to carry out any enumerated purpose, either in the exercise of a core power or through the implied powers memorialized in the Necessary and Proper Clause. Land acquired or held by the federal government within states may be held only for enumerated purposes, and all federal holdings not being used or needed for enumerated purposes must be disposed of within a reasonable time. Nonenclave federal land held under the Property Clause should be held only for enumerated purposes. The land is subject to state law, and the federal government must be treated like any other landowner. States must respect the discharge of legitimate federal functions associated with federally held lands.
