Bill Text: AZ HB2252 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced
Bill Title: Land management; federal regulations; nullification
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-22 - House read second time [HB2252 Detail]
Download: Arizona-2020-HB2252-Introduced.html
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REFERENCE TITLE: land management; federal regulations; nullification |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2252 |
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Introduced by Representative Blackman
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AN ACT
amending title 37, chapter 2, Arizona Revised Statutes, by adding article 21; relating to federal regulations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 37, chapter 2, Arizona Revised Statutes, is amended by adding article 21, to read:
ARTICLE 21. FEDERAL REGULATIONS
37-620.41. Federal regulations; invalidity in this state
A. This state declares that all regulations imposed in this state by the United States bureau of land management or any other federal agency before, on or after July 1, 2020 are void and of no effect in this state.
B. This state shall provide for the proper use, protection and management of the lands and resources within the borders of this state.
C. It is the duty of the legislature of this state to adopt and enact all laws and appropriations concerning land and resource management in this state.
Sec. 2. Legislative findings
The Legislature finds that:
1. The Tenth Amendment to the Constitution of the United States reads as follows: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
2. The Tenth Amendment defines the total scope of federal power as being that which is specifically granted by the Constitution of the United States and no more.
3. The scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the states.
4. Article VI of the Constitution of the United States provides that federal laws are supreme only when made "in pursuance" of the Constitution of the United States.
5. Article I, section 8, clause 17 of the Constitution of the United States provides no authority for the United States government to maintain control over vast sections of lands within any State of the Union once it is no longer a territory. States may not be made into first‑ or second‑class states by Congress refusing to deed public lands to the states. Article I, section 8, clause 17 provides only that the federal government may have jurisdiction over the District of Columbia as the seat of the government of the United States, not exceeding ten square miles. All other places the federal government may control only if "purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock‑Yards, and other needful Buildings." Ownership of forests, deserts and park lands is not authorized for the federal government, nor, therefore, are the United States Bureau of Land Management, United States Forest Service or National Park Service required as the states can manage the lands within their borders.
6. The rulemaking authority of the United States Bureau of Land Management is not authorized by the Constitution of the United States and violates its true meaning and intent as given by the founders and ratifying states.
