SB 1021
Initials FK/JB Page 1 Caucus & COW
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. 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)
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.
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note