Page 28,
strike lines 38 through 42
Page 29,
strike lines 1 through 14
Renumber
to conform
Page 38,
strike lines 37 through 45
Page 39,
strike lines 1 through 14
Reletter
to conform
Line 17,
strike "through June 30, 2023"
Line 19,
strike 'but" insert "AND"; strike
"not"
Line 20,
strike "or incur indebtedness"
Between
lines 21 and 22, insert:
"Sec.
25. Title 41, chapter 1, article 5, Arizona Revised Statutes, is amended to
read:
41-192. Powers and
duties of attorney general; restrictions on state agencies
as to legal counsel; exceptions; compromise and settlement monies
A. The
attorney general shall have charge of and direct the department of law and
shall serve as chief legal officer of the state. The attorney general
shall:
1. Be the
legal advisor of the departments of this state and render such legal services
as the departments require.
2. Establish
administrative and operational policies and procedures within his department.
3. Approve
long-range plans for developing departmental programs therein, and coordinate
the legal services required by other departments of this state or other state
agencies.
4. Represent
school districts and governing boards of school districts in any lawsuit
involving a conflict of interest with other county offices.
5. Represent
political subdivisions, school districts and municipalities in suits to enforce
state or federal statutes pertaining to antitrust, restraint of trade or
price-fixing activities or conspiracies, if the attorney general notifies in
writing the political subdivisions, school districts and municipalities of the
attorney general's intention to bring any such action on its behalf. At any
time within thirty days after the notification, the political subdivisions,
school districts and municipalities, by formal resolution of its governing
body, may withdraw the authority of the attorney general to bring the intended
action on its behalf.
6. In any
action brought by the attorney general pursuant to state or federal statutes
pertaining to antitrust, restraint of trade, or price-fixing activities or
conspiracies for the recovery of damages by this state or any of its political
subdivisions, school districts or municipalities, in addition to the attorney
general's other powers and authority, the attorney general on behalf of this
state may enter into contracts relating to the investigation and prosecution of
such action with any other party plaintiff who has brought a similar action for
the recovery of damages and with whom the attorney general finds it
advantageous to act jointly or to share common expenses or to cooperate in any
manner relative to such action. In any such action, notwithstanding any
other laws to the contrary, the attorney general may undertake, among other
things, to render legal services as special counsel or to obtain the legal
services of special counsel from any department or agency of the United States,
of this state or any other state or any department or agency thereof or any
county, city, public corporation or public district in this state or in any
other state that has brought or intends to bring a similar action for the recovery
of damages or their duly authorized legal representatives in such action.
7. Organize
the civil rights division within the department of law and administer such
division pursuant to the powers and duties provided in chapter 9 of this title.
8. Compile,
publish and distribute to all state agencies, departments, boards, commissions
and councils, and to other persons and government entities on request, at least
every ten years, the Arizona agency handbook that sets forth and explains the
major state laws that govern state agencies, including information on the laws
relating to bribery, conflicts of interest, contracting with the government,
disclosure of public information, discrimination, nepotism, financial
disclosure, gifts and extra compensation, incompatible employment, political
activity by employees, public access and misuse of public resources for
personal gain. A supplement to the handbook reflecting revisions to the
information contained in the handbook shall be compiled and distributed by the
attorney general as deemed necessary.
B. Except as
otherwise provided by law, the attorney general may:
1. Organize
the department into such bureaus, subdivisions or units as he deems most
efficient and economical, and consolidate or abolish them.
2. Adopt
rules for the orderly conduct of the business of the department.
3. Subject
to chapter 4, article 4 of this title, employ and assign assistant attorneys
general and other employees necessary to perform the functions of the
department.
4.
Compromise or settle any action or claim by or against this state or any
department, board or agency of this state. If the compromise or settlement
involves a particular department, board or agency of this state, the compromise
or settlement shall be first approved by the department, board or agency. If no
department or agency is named or otherwise materially involved, the approval of
the governor shall be first obtained.
5. Charge
reasonable fees for distributing official publications, including attorney
general legal opinions and the Arizona agency handbook. The fees received shall
be transmitted to the state treasurer for deposit in the state general fund.
C. The
powers and duties of a bureau, subdivision or unit shall be limited to those
assigned by law to the department.
D.
Notwithstanding any law to the contrary, except as provided in subsections E
and F of this section, no state agency other than the attorney general shall
employ legal counsel or make an expenditure or incur an indebtedness for legal
services, but the following are exempt from this section:
1. The
director of water resources.
2. The
residential utility consumer office.
3. The
industrial commission.
4. The
Arizona board of regents.
5. The
auditor general.
6. The
corporation commissioners and the corporation commission other than the
securities division.
7. The
office of the governor.
8. The
constitutional defense council.
9. The
office of the state treasurer.
10. The
Arizona commerce authority.
11. THE DEPARTMENT OF STATE
E. If the
attorney general determines that he is disqualified from providing judicial or
quasi-judicial legal representation or legal services on behalf of any state
agency in relation to any matter, the attorney general shall give written
notification to the state agency affected. If the agency has received
written notification from the attorney general that the attorney general is
disqualified from providing judicial or quasi-judicial legal representation or
legal services in relation to any particular matter, the state agency is
authorized to make expenditures and incur indebtedness to employ attorneys to
provide the representation or services.
F. If the
attorney general and the director of the department of agriculture cannot agree
on the final disposition of a pesticide complaint under section 3-368, if the
attorney general and the director determine that a conflict of interest exists
as to any matter or if the attorney general and the director determine that the
attorney general does not have the expertise or attorneys available to handle a
matter, the director is authorized to make expenditures and incur indebtedness
to employ attorneys to provide representation or services to the department
with regard to that matter.
G. Any
department or agency of this state authorized by law to maintain a legal
division or incur expenses for legal services from funds derived from sources
other than the general revenue of the state, or from any special or trust fund,
shall pay from such source of revenue or special or trust fund into the general
fund of the state, to the extent such funds are available and upon a
reimbursable basis for warrants drawn, the amount actually expended by the
department of law within legislative appropriations for such legal division or
legal services.
H.
Appropriations made pursuant to subsection G of this section shall not be
subject to lapsing provisions otherwise provided by law. Services for
departments or agencies to which this subsection and subsection F of this
section are applicable shall be performed by special or regular assistants to
the attorney general.
I.
Notwithstanding section 35-148, monies received by the attorney general from
charges to state agencies and political subdivisions for legal services
relating to interagency service agreements shall be deposited, pursuant to
sections 35-146 and 35-147, in an attorney general agency services fund.
Monies in the fund are subject to legislative appropriation and are exempt from
the provisions of section 35-190 relating to lapsing of appropriations.
J. Unless
otherwise provided by law, monies received for and belonging to the state and
resulting from compromises and settlements entered into pursuant to subsection
B of this section, excluding restitution and reimbursement to state agencies
for costs or attorney fees, shall be deposited into the state treasury and
credited to the state general fund pursuant to section 35-142. Monies
received for and belonging to the state and resulting from a compromise or settlement
are not considered custodial, private or quasi-private monies unless
specifically provided by law. On or before January 15, April 15, July 15
and October 15, the attorney general shall file with the governor, with copies
to the director of the department of administration, the president of the
senate, the speaker of the house of representatives, the secretary of state and
the staff director of the joint legislative budget committee, a full and
complete account of the deposits into the state treasury made pursuant to this
subsection in the previous calendar quarter. For the purposes of this
subsection, "restitution" means monies intended to compensate a
specific, identifiable person, including this state, for economic loss."
Renumber to
conform
Page 42,
strike lines 41 through 45
Renumber to
conform
Page 43,
strike lines 1 through 21
Amend title to conform
Bill
Number: S.B. 1819