Arizona 2023 2023 Regular Session

Arizona Senate Bill SB1021 Comm Sub / Analysis

Filed 03/13/2023

                      	SB 1021 
Initials FK/JB 	Page 1 	Government 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
Senate: GOV DP 5-2-1-0 | 3rd Read 16-12-2-0 
 
SB 1021: attorney general; legislature; legal challenges 
Sponsor: Senator Kavanagh, LD 3 
Committee on Government 
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. Mandates 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) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note