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REFERENCE TITLE: endangered species programs; rescission; reimbursement |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2699 |
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Introduced by Representatives Thorpe, Stevens: Gowan, Lesko, Shope, Senator Melvin
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AN ACT
amending title 17, chapter 4, Arizona Revised Statutes, by adding article 6; relating to endangered species programs.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 17, chapter 4, Arizona Revised Statutes, is amended by adding article 6, to read:
ARTICLE 6. FEDERAL PROGRAM RESCISSION AND REIMBURSEMENT
17-486. Rescission of participation in programs; removal of wildlife; legislative approval required; definition
A. The department shall cease participation in all programs under the endangered species act of 1973 (P.L. 93-205; 87 Stat. 884; 16 United States Code sections 1531 through 1544) if they are programs that were not cooperatively implemented. All species of wildlife that were introduced under programs that were not cooperatively implemented and offspring of the wildlife must be removed from this state on or before January 1, 2015.
B. All threatened or endangered species programs in effect on the effective date of this section are terminated on August 31, 2014 unless each individual program is approved by a majority vote in each house of the legislature. Each individual new threatened or endangered species program must be approved by a majority vote in each house of the legislature before it may be implemented in this state. The legislature may terminate any threatened or endangered species act in this state at any time.
C. For the purposes of this section, "programs that were not cooperatively implemented" means programs that are not in accordance with the endangered species act and for which this state did not first create and submit a plan to the secretary of the United States department of the interior or the United States fish and wildlife service for approval by the secretary or the secretary's designee.
17-487. Federal reimbursement fund; purpose
A. The federal reimbursement fund is established consisting of monies obtained from the federal government. The attorney general shall administer the fund. Monies in the fund are continuously appropriated.
B. The attorney general shall use fund monies to reimburse persons who sustained losses from actions by wildlife described in section 17‑486, subsection B or from other aspects of the programs, including loss of property, restricted access to property and other financial impacts.
C. The attorney general shall prescribe procedures for administering and determining the merits of claims made for reimbursement from the fund. Payment of valid claims for reimbursement may be made only from fund monies.
D. The attorney general shall take all steps necessary to obtain from the federal government monies sufficient to pay for all reimbursements pursuant to this section. The attorney general shall deposit, pursuant to sections 35‑146 and 35‑147, all monies collected from the federal government for reimbursement in the fund.
Sec. 2. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.