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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
practice of law; legislative authority
Purpose
Subject to voter approval, constitutionally delegates to the Arizona Legislature and the people, through the power of initiative, the ability to enact laws concerning the practice of law.
Background
The legislative authority of the state is vested in the Legislature, consisting of a Senate and a House of Representatives, but the people reserve the power to propose laws and amendments to the Arizona Constitution and to enact or reject such laws and amendments at the polls, independently of the Legislature. The people also reserve, for use at their own option, the power to approve or reject at the polls any act, item, section, or part of any act, of the Legislature (Ariz. Const. art 4, pt. 1, § 1).
Initiative power is the first of these reserved powers, under this power 10 percent of the qualified electors shall have the right to propose any measure, and 15 percent shall have the right to propose any amendment to the Arizona Constitution (Ariz. Const. art 4, pt. 1, § 1).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Delegates to the Arizona Legislature and the people, through initiative power, the ability to enact laws concerning the practice of law.
2. Specifies that enactments of the Legislature or the people supersede conflicting court rules and regulations.
3. Makes technical and conforming changes.
4. Requires the Secretary of State to submit the proposition to the voters at the next general election.
5. Becomes effective if approved by the voters and on proclamation of the Governor.
Prepared by Senate Research
February 5, 2024
ZD/KK/cs