Chapter 0099 - 502R - H Ver of HB2440

Senate Engrossed House Bill

State of Arizona

House of Representatives

Fiftieth Legislature

Second Regular Session

2012

HOUSE CONCURRENT RESOLUTION 2004

A CONCURRENT RESOLUTION

Proposing an amendment to the Constitution of Arizona; amending the Constitution of Arizona by adding article II.I; amending article XX, paragraphs 4 and 12, Constitution of Arizona; relating to state sovereignty.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:

1. Article II.I, Constitution of Arizona, is proposed to be added as follows if approved by the voters and on proclamation of the Governor:

ARTICLE II.I. DECLARATION OF STATE SOVEREIGNTY

START_STATUTE1. Declaration of sovereignty

Section 1. A. Each state of the Union possesses full attributes of sovereignty on an equal footing with all other states, the retention of which is recognized, acknowledged and guaranteed by the Constitution of the United States.

B. State sovereignty is fundamental to the security of individual rights, the perpetuity of free government and the inherent political power of the people.

C. The state of Arizona declares its sovereign and exclusive authority and jurisdiction over the air, water, public lands, minerals, wildlife and other natural resources within its boundaries except for:

1. Territory established as Indian reservations by the government of the United States.

2. Lands of the United States or lands over which jurisdiction has been ceded, in a manner prescribed by law, to the United States pursuant to article I, section 8, clause 17, Constitution of the United States. END_STATUTE

2. Article XX, paragraphs 4 and 12, Constitution of Arizona, are proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

Fourth. Public lands; Indian lands

Fourth. The people inhabiting this state do agree and declare that they forever disclaim all right and title to the unappropriated and ungranted public lands lying within the boundaries thereof and to all lands lying within said the boundaries of this state owned or held by any Indian or Indian tribes, the right or title to which shall have been acquired through or from the United States or any prior sovereignty, and that, until the title of such Indian or Indian tribes shall have been extinguished, the same shall be, and remain, subject to the disposition and under the absolute jurisdiction and control of the Congress of the United States.

Twelfth. Lands granted to state

Twelfth. The state of Arizona and its people hereby consent to all and singular the provisions of the enabling act approved June 20, 1910, concerning the lands thereby granted or confirmed to the state, except for the terms and conditions upon on which said grants and confirmations are made, and the means and manner of enforcing such terms and conditions, all in every respect and particular as in the aforesaid enabling act provided and the terms and conditions for the use and disposition of the lands.

3. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.