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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
lieutenant governor; duties; ballot
Purpose
Establishes the Office of Lieutenant Governor and requires the Governor to appoint the Lieutenant Governor to serve as the Governor's Chief of Staff, the Director of the Arizona Department of Administration (ADOA) or to any position for which the Governor is otherwise authorized by law to make an appointment.
Background
The Executive Department consists of the Governor, Secretary of State (SOS), State Treasurer, Attorney General (AG) and Superintendent of Public Instruction (SPI) who serve four-year terms upon election (Ariz. Const. art. 5 § 1). A candidate for executive office must be at least 25 years of age, have been a citizen of the United States for 10 years and have been a citizen of Arizona for 5 years before election (Ariz. Const. art. 5 § 2).
In the event of the death, resignation, removal or permanent disability to discharge the duties of the Governor, the SOS succeeds to the Office of Governor until a successor is elected. If the SOS was not elected or fails to qualify as Governor, the AG, State Treasurer or SPI, in that order, succeed to the Office of Governor. Any successor to the Office of Governor are entitled to all emoluments, powers and duties of the Governor upon taking office (Ariz. Const. art. 5 § 6).
Statute outlines the powers and duties of the Governor including the ability to appoint all state officers not made elective, unless otherwise provided (A.R.S. § 41-101). When a state officer must be appointed, the Governor must nominate a state officer and with the consent of the Senate appoint the nominated officer (A.R.S. § 38-211).
ADOA supports the business and administrative operations of the state government (ADOA). The Director of ADOA is responsible for the direction, operation and control of ADOA (A.R.S. § 41-701).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
3. Exempts the appointment of the Lieutenant Governor from the requirement that the Senate consent to a Governor's nomination to an appointed position.
4. Directs Legislative Council staff to prepare conforming legislation for consideration in the 56th Legislature, First Regular Session.
5. Conditions the enactment of this legislation on the enactment of S.C.R. 1024, 55th Legislature, Second Regular Session by a vote of the people at the next general election.
6. Makes technical and conforming changes.
7. Applies requirements relating to the Lieutenant Governor to elections for terms of office beginning in 2027.
8. Becomes effective on the general effective date or later, subject to the provisions of the conditional enactment.
Amendments Adopted by Committee of the Whole
1. Requires the Governor to appoint the Lieutenant Governor to serve as the Director of ADOA or to fill any position for which the Governor is otherwise authorized by law to make an appointment, rather than only establishing the Lieutenant Governor as the Director of ADOA.
2. Exempts the appointment of Lieutenant Governor from the requirement that the Senate consent to a Governor's nomination to an appointed position.
3. Inserts S.C.R. 1024 in the blank space provided for the purpose of the conditional enactment.
4. Makes conforming changes.
Amendments Adopted by the House of Representatives
· Allows the Governor to appoint the Lieutenant Governor to serve as the Governor's Chief of Staff.
Senate Action House Action
GOV 2/17/22 DP 6-1-0 GE 3/16/22 DP 12-1-0-0
3rd Read 3/2/22 23-5-2 3rd Read 6/24/22 X-X-X
Prepared by Senate Research
June 24, 2022
MH/MF/slp