House Engrossed Senate Bill

State of Arizona Senate Fiftieth Legislature Second Regular Session 2012

CHAPTER 84

SENATE BILL 1210

 

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 objection 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 objection.

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

 

 

 

 

 

APPROVED BY THE GOVERNOR MARCH 27, 2012.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 27, 2012.