Bill Text: AZ HB2435 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: Attorney general; removal; federal court
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2012-01-19 - Referred to House JUD Committee [HB2435 Detail]
Download: Arizona-2012-HB2435-Introduced.html
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REFERENCE TITLE: attorney general; removal; federal court |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2435 |
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Introduced by Representative Gowan: Senators Klein, Shooter
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AN ACT
amending section 41-193, Arizona Revised Statutes; relating to the department of law.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-193, Arizona Revised Statutes, is amended to read:
41-193. Department of law; composition; powers and duties; mandatory removal
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 state or an officer thereof in his official capacity is a party.
2. At the direction of the governor or when deemed necessary by the attorney general, prosecute and defend any proceeding in a state court other than the supreme court in which the state or an officer thereof is a party or has an interest.
3. Represent the 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 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 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 demand by the legislature, or either house or any member thereof, any public officer of the state or a county attorney, render a written opinion upon any question of law relating to their offices. Such opinions shall be public records.
8. Perform other duties prescribed by law.
B. The department of law, in the name of the state and under the direction of the governor, shall purchase property offered for sale under execution issued upon a judgment in favor of or for the use of the state, and shall enter satisfaction, wholly or in part, of such 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 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 may have escheated or would escheat to the 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. If the department represents this state in a federal district court pursuant to subsection A, paragraph 3 of this section, the department, if the United States supreme court has original jurisdiction, shall file a motion to remove the action to the United States Supreme Court pursuant to Article III, United States Constitution. END_STATUTE
