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REFERENCE TITLE: right of intervention; initiative; referendum |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SB 1210 |
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Introduced by Senators Biggs, Allen, Driggs, Gould, Lewis, Murphy, Yarbrough: McComish, Melvin
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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
12-921. 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.