REFERENCE TITLE: right of intervention; initiative; referendum

 

 

 

 

State of Arizona

Senate

Fiftieth Legislature

Second Regular Session

2012

 

 

SB 1210

 

Introduced by

Senators Biggs, Allen, Driggs, Gould, Lewis, Murphy, Yarbrough: McComish, Melvin

 

 

AN ACT

 

amending title 12, chapter 7, Arizona Revised Statutes, by adding article 6.1; relating to the right of intervention.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 12, chapter 7, Arizona Revised Statutes, is amended by adding article 6.1, to read:

ARTICLE 6.1.  RIGHT OF INTERVENTION

START_STATUTE12-921.  Proceedings involving initiative or referendum measures; standing to intervene; attorney fees or costs

A.  In any proceeding in which the constitutionality, legality or application of a law that was enacted through an initiative is at issue, the official initiative proponent, whether an individual, a group of individuals or an organization, that wishes to defend the law shall have the right to intervene as a party and is deemed to have proper standing in the matter.

B.  In any proceeding in which the constitutionality, legality or application of a law that was enacted through a referendum is at issue, the legislator who was the first prime sponsor of the referendum and who wishes to defend the law shall have the right to intervene as a party and is deemed to have proper standing in the matter.

C.  The only defense that may be raised to a motion to intervene as of right pursuant to this section is that the proposed intervenor does not have a good faith intention to defend the law.  Any party or proposed intervenor may raise this defense.

D.  A party who intervenes to defend a law pursuant to this section is not liable for attorney fees or costs of any party who is challenging the constitutionality, legality or application of the law. END_STATUTE