ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
AMENDED
municipalities;
counties; law enforcement budgets
(NOW: executive orders; review; attorney general)
Purpose
Requires the Executive Director of Legislative Council, on request of a member of the Legislature, to review a Presidential executive order. Allows a member of the Legislature to request the Attorney General (AG) further review an executive order to determine the legality of the order.
Background
Legislative Council consists of the Senate President, the Speaker of the House of Representative (Speaker of the House) and six members appointed by each the Senate President and Speaker of the House. The Senate President and Speaker of the House must cooperate in the selection of members to serve on Legislative Council so that each geographic area of the state is represented insofar as possible (A.R.S. 41-1301). Legislative Council must appoint clerical, technical and professional assistants deemed necessary to carry out statutory requirements, procure information at the request of members of the Legislature and prepare and file an analysis of each ballot proposal or proposed amendment to the Arizona Constitution (A.R.S. 41-1304).
The Department of Law consists of the AG and statutorily outlined subdivisions. The AG and Department of Law are charged with: 1) prosecuting and defending all proceedings in the Arizona Supreme Court in which Arizona is a party; 2) prosecuting and defending any proceeding in a court other than the Arizona Supreme Court as necessary; 3) representing Arizona in federal court; and 4) writing written opinions upon demand by the Legislature, either house of the Legislature or any member of the Legislature (A.R.S. 41-193).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the Executive Director of Legislative Council, on request of one or more members of the Legislature, to review a Presidential executive order that has not been affirmed by a vote of Congress and signed into law.
2. Allows a member of the Legislature to recommend that the AG further examine a Presidential executive order to determine the legality of the order.
3. Allows the AG, on a determination that a Presidential executive order is illegal, to file a declaratory judgement action in federal district court.
4. Contains an applicability clause specifying the bill applies only to executive orders issued after the general effective date.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Allows a member of the Legislature to request the Executive Director of Legislative Council, rather than Legislative Council, review of an executive order issued by the U.S. President.
2. Requires, rather than allows, the Executive Director to review an executive order on request of a member of the Legislature.
3. Allows any member of the Legislature, rather than Legislative Council, to recommend that the AG further examine an executive order to determine the legality of the order.
4. Allows, rather than requires, the AG to file a declaratory judgment action in federal district court if the AG determines an executive order is illegal.
5. Adds an applicability clause specifying the bill applies only to executive orders issued after the general effective date.
Senate Action House Action
GOV 3/8/21 DP 4-3-1-0 MAPS 2/15/21 DPA/SE 8-6-0-0
3rd Read 2/24/21 31-29-0
Prepared by Senate Research
March 29, 2021
MH/gs