ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session
	Senate: NREW DP 7-0-0-0 | 3^rd Read 25-4-1-0

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SB1391: department of environmental quality; counsel

Sponsor: Senator Kerr, LD 25

Committee on Natural Resources, Energy & Water

Overview

Authorizes the Arizona Department of Environmental Quality (ADEQ) to employ legal counsel to represent it and allows, instead of requires, the Attorney General to serve as the department's legal advisor and provide legal advice to the department.

History

As the chief legal officer of the State, the Attorney General is the legal advisor to state agencies and additionally provides any necessary legal services for these agencies. For example, the Attorney General serves as the legal advisor to ADEQ and provides legal services as necessary. Any compensation for this work comes out of the department's appropriations. The Attorney General also prosecutes and defends in the state's name all actions needed to carry out the state's environmental programs.

Consequently, state agencies are generally prohibited from employing legal counsel or expending monies or incurring indebtedness for legal services. However, this prohibition does not apply to 11 agencies listed in statute, including the Arizona Department of Water Resources, the Water Infrastructure Finance Authority and the Arizona Corporation Commission (A.R.S. §§ 41-192 and 49-103). Instead, those agencies may hire their own legal counsel. For example, legal counsel employed by the Arizona Department of Water Resources advise and represent the department regarding legal matters before other state agencies and represent the department and this State in litigation involving the department's affairs (A.R.S. § 45-104).

Provisions

1. Adds ADEQ to the list of agencies that may employ legal counsel or expend monies or incur indebtedness for legal services. (Sec. 1)

2. Allows, instead of requires, the Attorney General to serve as the legal advisor of and provide legal services to ADEQ. (Sec. 2)

3. Clarifies that the Attorney General will prosecute and defend in the name of this state all actions necessary to carry out the state's environmental laws as requested by ADEQ. (Sec 2)

4. Authorizes the ADEQ Director to employ attorneys to represent the department. (Sec. 2)

5. Makes technical changes. (Sec. 1 and 2)

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9.                   SB 1391

10. Initials PAB Page 0 Natural Resources, Energy & Water

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