Assigned to GOV FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR S.B. 1021
attorney general; legislature; legal challenges
Purpose
Requires the Attorney General (AG) to defend all laws passed by the Legislature and
signed by the Governor against all legal challenges.
Background
The AG serves as the chief legal officer of Arizona. The AG's duties include: 1) act as the
legal advisor of the departments of the state and render legal services as requested; 2) represent
school districts and governing boards of school districts in any lawsuits involving a conflict of
interest with other counties; 3) represent political subdivisions, school districts and municipalities
in suits to enforce certain state or federal laws; and 4) publish and distribute the Arizona Agency
Handbook that explains the major state laws governing state agencies at least every 10 years to
state agencies, departments, boards, commissions and councils and other persons and government
entities upon request. If the AG determines they are disqualified from providing judicial or
quasi-judicial legal representation or services on behalf of a state agency, the AG must provide a
written notification to the state agency affected (A.R.S. ยง 41-192).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires the AG to defend all laws passed by the Legislature and signed by the Governor
against all legal challenges.
2. Allows the AG to petition the Legislature for relief from the duty of defending all laws against
all legal challenges.
3. Requires relief to be granted if at least two-thirds of the members of both the Senate Judiciary
Committee and the House of Representatives Judiciary Committee, or their successor
committees, vote to grant relief.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
January 13, 2023
AN/slp