REFERENCE TITLE: attorney general; initiation of action





State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session




HB 2841


Introduced by

Representatives Parker: Grantham, Hoffman





amending section 41-193, Arizona Revised Statutes; relating to the attorney general and the department of law.





Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 41-193, Arizona Revised Statutes, is amended to read:

START_STATUTE41-193. Department of law; composition; powers and duties

A. The department of law shall be composed of the attorney general and the subdivisions of the department created as provided in this article. Unless otherwise provided by law the department shall:

1. Prosecute and defend in the supreme court all proceedings in which the this state or an officer thereof of this state in his the officer's official capacity is a party.

2. At the direction of the governor or when, alternatively, if deemed necessary by the attorney general, prosecute and defend any proceeding in a state court other than the supreme court in which the this state or an officer thereof of this state is a party or has an interest.

3. Represent the this state in any action in a federal court, the cost thereof and the expenses of the attorney general incurred therein to be a charge against the this state.

4. Exercise supervisory powers over county attorneys of the several counties in matters pertaining to that office and require reports relating to the public business thereof.

5. At the direction of the governor, or when if deemed necessary, assist the county attorney of any county in the discharge of the county attorney's duties.

6. Maintain a docket of all proceedings in which the attorney general is required to appear, showing the condition thereof, the proceedings therein, the proceedings subsequent to judgment and the reasons for any delay of execution.

7. Upon On demand by the legislature, or either house or any member thereof of the legislature, any public officer of the this state or a county attorney, render a written opinion upon on any question of law relating to their offices. Such These opinions shall be are public records.

8. Perform other duties prescribed by law.

B. The department of law, in the name of the this state and under the direction of the governor, shall purchase property offered for sale under execution issued upon on a judgment in favor of or for the use of the this state, and shall enter satisfaction, wholly or in part, of such the judgment as consideration for the purchase. If the property of the judgment debtor has been sold under a prior judgment or is subject to a prior judgment, lien or encumbrance, the department of law, under direction of the governor, shall redeem the property from the prior judgment, lien or encumbrance. All money necessary for the redemption shall, upon on the order of the governor, be paid from money appropriated for such purpose.

C. The department of law shall institute investigations for discovery of property which that may have escheated or would escheat to the this state, and for such purpose may require any person before the superior court to answer investigations, produce books and render accounts relating to the property. The department may institute action in the superior court of in the county in which the property is located for recovery of escheats or may require the county attorney to conduct such proceedings.

d. The department of law may initiate, prosecute and defend any action in court to uphold and ensure compliance with article XI, section 6, Constitution of Arizona. END_STATUTE