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REFERENCE TITLE: corporation commission actions; investigation |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2737 |
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Introduced by Representatives Parker: Barton, Biasiucci, Blackman, Bolick, Bowers, Burges, Cobb, Cook, Dunn, Fillmore, Finchem, Grantham, Griffin, Hoffman, John, Kaiser, Kavanagh, Nguyen, Nutt, Payne, Pingerelli, Toma, Wilmeth
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AN ACT
Amending Title 41, chapter 1, article 5, Arizona Revised Statutes, by adding section 41-194.02; relating to the attorney general.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 1, article 5, Arizona Revised Statutes, is amended by adding section 41-194.02, to read:
41-194.02. Violations of law by the corporation commission; attorney general investigation; report; action; budget withholding; applicability
A. At the request of one or more members of the legislature, the attorney general shall investigate:
1. Any decision, order or rule adopted or amended by the corporation commission that the member alleges is beyond the corporation commission's statutory or constitutional authority.
2. Whether the corporation commission is not executing or enforcing a statute.
B. The attorney general shall make a written report of findings and conclusions as a result of the investigation within thirty days after receipt of the request and shall provide a copy of the report to the governor, the president of the senate, the speaker of the house of representatives, the member or members of the legislature making the original request and the secretary of state.
C. If the attorney general concludes that the corporation commission:
1. Either does not have the statutory or constitutional authority to adopt or amend the decision, order or rule under investigation or is not executing or enforcing the statute that is the subject of the investigation, the attorney general shall provide notice to the corporation commission, by certified mail, of the violation and shall indicate that the corporation commission has thirty days to amend, repeal or otherwise resolve the corporation commission's action or inaction. If the attorney general determines that the corporation commission has failed to resolve the violation within thirty days, the attorney general shall file a special action in the supreme court to resolve the issue, and the supreme court shall give the action precedence over all other cases.
2. May have the statutory or constitutional authority to adopt or amend the decision, order or rule under investigation or may be executing or enforcing the statute that is the subject of the investigation, the attorney general shall file a special action in the supreme court to resolve the issue, and the supreme court shall give the action precedence over all other cases.
3. Does have the statutory or constitutional authority to adopt the decision, order or rule under investigation or is executing or enforcing the statute that is the subject of the investigation, the attorney general shall take no further action.
D. If the supreme court determines that the corporation commission did not have the statutory or constitutional authority to adopt the decision, order or rule, or is not executing or enforcing the statute, the attorney general shall inform the general accounting office of the department of administration, which shall withhold ten percent of the corporation commission's operating lump sum budget for the current fiscal year equally over the next four consecutive quarterly budget allocations. The quarterly budget allocations may be in different fiscal years, if necessary.
E. This section does not apply to any order or decision setting rates for public service corporations.