Fifty-fifth Legislature                         Natural Resources, Energy & Water

First Regular Session                                                   H.B. 2737

 

PROPOSED

HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2737

(Reference to printed bill)

 

 

 


Page 1, line 8, strike the colon

Line 9, strike "1."

Line 10, after "ALLEGES" insert "VIOLATES STATE LAW OR"

Line 11, strike "STATUTORY OR"; after "AUTHORITY" insert ", IF REQUESTED NOt LATER THAN sixty DAYS AFTER THE CORPORATION COMMISSION'S DECISION, ORDER OR RULE IS ADOPTED OR AMENDED. THIS SECTION does NOT APPLY TO LAWS ENACTED before the 2021 LEGISLATIVE SESSION."

Strike lines 12 and 13

Line 22, strike "EITHER" insert "IS VIOLATING STATE LATE OR"; strike "STATUTORY OR"

Line 23, strike "OR IS"

Strike line 24

Line 25, strike "INVESTIGATION"

Line 27, strike "AMEND, REPEAL"

Line 28, strike "OR OTHERWISE"; strike "OR INACTION"

Line 30 after "DAYS" insert "OR has FAILED TO BEGIN REVOLVING THE VIOLATION IN GOOD FAITH WITH A PUBLISHED TIMELINE FOR COMPLETION,"

Line 32, strike "PRECEDENCE OVER ALL OTHER CASES" insert "PRIORITY"; after the period insert "IF THE SUPREME COURT DETERMINES THAT THE CORPORATION COMMISSION IS VIOLATING STATE LAW OR DID NOT HAVE THE CONSTITUTIONAL AUTHORITY TO ADOPT OR AMEND THE DECISION, ORDER OR RULE, THE ATTORNEY GENERAL SHALL:

(a) 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, OR UNTIL THE VIOLATION HAS BEEN RESOLVED. THE QUARTERLY BUDGET ALLOCATIONS MAY BE IN DIFFERENT FISCAL YEARS, IF NECESSARY. IF APPLICABLE, THIS WITHHOLDING SHALL REPEAT EACH FISCAL YEAR UNTIL THE VIOLATION HAS BEEN RESOLVED.

(b) CONTINUE TO MONITOR THE RESPONSE OF THE CORPORATION COMMISSION, AND WHEN THE CORPORATION COMMISSION HAS RESOLVED ITS ACTION, THE ATTORNEY GENERAL SHALL NOTIFY THE GOVERNOR, THE PRESIDENT OF THE SENATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE MEMBERS OF THE LEGISLATURE MAKING THE ORIGINAL REQUEST THAT THE VIOLATION HAS BEEN RESOLVED."

Page 1, line 33, after "HAVE" insert "VIOLATED STATE LAW OR MAY NOT HAVE"; strike "STATUTORY OR"

Line 34, strike "OR MAY BE EXECUTING"

Line 35, strike "OR ENFORCING THE STATUTE THAT IS THE SUBJECT OF THE INVESTIGATION"

Line 37, strike "PRECEDENCE"

Strike line 38, insert "PRIORITY.  IF THE SUPREME COURT DETERMINES THAT THE CORPORATION COMMISSION DID VIOLATE STATE LAW OR DID NOT HAVE THE CONSTITUTIONAL AUTHORITY TO ADOPT OR AMEND THE DECISION, ORDER OR RULE, THE COURT SHALL MAKE THE APPROPRIATE ORDER AND SHALL IMPLEMENT THE WITHHOLDING DESCRIBED IN SUBSECTION C, PARAGRAPH 1, SUBDIVISION (a) OF THIS SECTION WITH ANY MODIFICATIONS THE COURT DEEMS NECESSARY."

Line 39, strike "does have" insert "HAS not VIOLATED STATE LAW OR" strike "STATUTORY OR has"

Line 40, strike "OR IS EXECUTING OR ENFORCING"

Line 41, strike "THE STATUTE THAT IS THE SUBJECT OF THE INVESTIGATION"

Strike lines 43 through 45

Page 2, strike lines 1 through 6, insert:

"D. THE CORPORATION COMMISSION MAY REQUEST ITS OWN DETERMINATION FROM THE ATTORNEY GENERAL AT ANY TIME TO DETERMINE WHETHER ITS PROPOSED DECISION, ORDER OR RULE VIOLATES STATE LAW OR THE CONSTITUTION OF ARIZONA. IF SUCH A DETERMINATION IS OBTAINED BY THE CORPORATION COMMISSION, RELATING TO A SPECIFIC DECISION, ORDER OR RULE ADOPTED OR AMENDED IN ITS OFFICIAL CAPACITY, IN GOOD FAITH RELIANCE ON SUCH DETERMINATION, IT SHALL EXEMPT THE CORPORATION COMMISSION FROM ANY WITHHOLDING DESCRIBED IN SUBSECTION C, PARAGRAPH 1, SUBDIVISION (a) OF THIS SECTION. SUCH DETERMINATIONS SHALL BE MADE AVAILABLE TO THE PUBLIC."

Amend title to conform


 

 

JACQUELINE PARKER

 

 

2737PARKER2

02/08/2021

11:22 AM

H: PAB/ls