Bill Text: AZ SB1469 | 2014 | Fifty-first Legislature 2nd Regular | Introduced
Bill Title: Ballot measures; enforcement; civil actions
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2014-02-10 - Referred to Senate RULES Committee [SB1469 Detail]
Download: Arizona-2014-SB1469-Introduced.html
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REFERENCE TITLE: ballot measures; enforcement; civil actions |
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State of Arizona Senate Fifty-first Legislature Second Regular Session 2014
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SB 1469 |
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Introduced by Senators Driggs: Farnsworth D, McComish, Shooter, Yarbrough; Representative Forese
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AN ACT
amending title 19, chapter 1, article 5, Arizona Revised Statutes, by adding section 19-162; relating to initiative and referendum.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 19, chapter 1, article 5, Arizona Revised Statutes, is amended by adding section 19-162, to read:
19-162. Civil actions; affected persons; ballot measures; enforcement; defense; costs; equitable relief
A. Except as provided in subsection B of this section, For any provision of the CONSTITUTION or any statute or other law that was enacted by an initiative or referendum measure approved by a vote of the people:
1. any person having an interest that is or may be adversely affected:
(a) may file a civil action in the SUPERIOR court on that person's own behalf or may join in an action as a matter of right alleging a violation of any portion of that measure.
(b) may defend any action in the SUPERIOR court on that person's own behalf or may join in the defense of any action as a matter of right in defense of any portion of that measure.
2. Any person, this state or any political subdivision of this state may be joined as a party if appropriate to obtain relief in the action.
B. An action may not be commenced pursuant to this section if the attorney general has COMMENCED and is DILIGENTLY PROSECUTING a civil action in the SUPERIOR court to require compliance with the measure or is DILIGENTLY defending the measure in a civil action against the measure.
C. in issuing a final order in an action or defense brought pursuant to this section, The court may:
1. Award costs of LITIGATION, INCLUDING reasonable attorney and expert witness fees, to any party when the court determines it is appropriate, including against any party for a frivolous action or defense.
2. Provide for INJUNCTIVE or other equitable relief as determined by the court.
