ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

Senate: GOV DP 5-2-1-0 | 3rd Read 16-12-2-0

House: GOV DPA 5-4-0-0

SB 1021: attorney general; legislature; legal challenges

Sponsor: Senator Kavanagh, LD 3

Caucus & COW

Overview

Requires the Attorney General to defend all laws passed in Arizona against all legal challenges.

History

The Attorney General oversees and directs the Department of Law (DOL) and serves as chief legal officer of Arizona. The Attorney General is the legal advisor of the departments of Arizona and renders legal services as the departments require (A.R.S. § 41-192).

The DOL is composed by the Attorney General, the DOL must:

1)   prosecute and defend in the Supreme Court all proceedings in which the state of Arizona or an officer Arizona, in the officer's official capacity, is a party; and

2)   at the direction of the Governor or the Attorney General, prosecute and defend any proceeding in a state court other than the Supreme Court in which the state of Arizona or an officer of Arizona is a party or has an interest in (A.R.S. § 41-193).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteMandates the Attorney General defend all laws passed by the Legislature and signed by the Governor against all legal challenges. (Sec.1)

2.   Stipulates that the Attorney General may petition to be relieved from this duty if at least two-thirds of the members of both the Senate and House Judiciary committees or their successor committees, vote to grant relief. (Sec. 1)

3.   Makes technical and conforming changes. (Sec. 1)

Amendments

Committee on Government

1.   Adds that the clerk of the court must notify the Speaker of the House of Representatives and the President of the Senate when a preceding of constitutionality has no party alleging that the state statute is unconstitutional.

2.   Changes that the Attorney General defend all laws to the constitutionality of a law.

3.   Adds that the Attorney General must request to be relieved from defending the constitutionality of laws at least 10 days before any substantive or dispositive pleading.

4.   Adds that when the Legislature is not session, the Speaker of the House of Representatives and the President of the Senate may grant relief if they both agree.

5.   Specifies that when in session, at least two-thirds of the members of both the Senate and House Judiciary committees or their successor committees, vote to grant relief.

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9.                     SB 1021

10.  Initials FK/JB        Page 0 Caucus & COW

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