Assigned to GOV FOR
COMMITTEE
Assigned to GOV FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
state law; local government violations
Purpose
Outlines eligibility requirements for a member of the Legislature (Member) to request an Attorney General (AG) investigation into a county, city or town (local government) ordinance that allegedly violates state law. Increases the period for a local government to resolve a violation of state law or the Arizona Constitution (Constitution) and allows appeal to the Arizona Supreme Court (Supreme Court).
Background
The AG serves as the chief legal officer of the state and is the legal advisor for state departments. The AG is responsible for representing political subdivisions, school districts and municipalities in suits to enforce state or federal statute (A.R.S. § 41-192).
Members may request an AG investigation if the Member suspects that a local ordinance or regulation violates state law or the Constitution. Within 30 days after receipt of the request, the AG is required to write a report of findings and conclusions of the investigation. If the governing body is found to have violated state law or the Constitution, the AG is required to notify the local government of the violation and to provide 30 days for the local government to resolve the violation. If the AG determines that the local government has failed to resolve the violation within 30 days, the AG must notify the State Treasurer to withhold and redistribute state shared monies from the local government (A.R.S. § 41-194.01).
If the AG finds that the governing body may have violated state law or the Constitution the AG files a special action in the Supreme Court to resolve the issue. No further action is pursued if the AG finds no violation (A.R.S. § 41-194.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Outlines eligibility requirements for a Member to request an AG investigation into local government ordinances that allegedly violate state law.
2. Requires the AG to notify the local government alleged to violate state law or the Constitution of the investigation request.
3. Grants the local government at least 30 days to respond before an AG determination.
4. Modifies the timeframe for the AG to make a written report of findings and conclusions from the investigation from 30 days to 60 days after notifying the local government.
5. Allows the local government to resolve the violation within 60 days, or appeal the determination by filing a special action in the Supreme Court.
6. Directs the AG to take no further action if the local government: 1) resolves the violation within 60 days after the determination; or 2) appeals the determination within 60 days after the determination, pending the Supreme Court decision.
7. Requires the Supreme Court to give precedence to an appeal by a local government of the AG's determination.
8. Increases the period from 30 days to 60 days for local governments to resolve the violation.
9. Adds the local government to the parties notified by the AG upon resolution of the violation.
10. Removes requirement for the local government to post a bond equal to the amount of state shared revenue paid for the preceding six months
11. Requires the State Treasurer, within 60 days after the determination that there is no violation, to reimburse the local government for reasonable fees and costs incurred in response to the request.
12. Establishes the reimbursement amount may not exceed _______ thousand dollars for each determination.
13. Prohibits the State Treasurer from withholding any amount of state shared revenues that the local government certifies as being necessary to make any required deposits or payments for debt service on bonds or other long-term obligations that were issued or incurred before the AG's determination.
14. Makes technical and conforming changes.
15. Becomes effective on the general effective date.
Prepared by Senate Research
February 12, 2018
JO/MG/lat