SB1480 - 562R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 41-101, Arizona Revised Statutes, is amended to read:

START_STATUTE41-101. Powers and duties; attestation of acts of governor; salary

A. The governor has the powers and shall perform the duties as prescribed in this article. The governor:

1. Shall supervise the official conduct of all executive and ministerial officers.

2. Shall see that all offices are filled and the duties performed or, in default, invoke such remedy as the law allows.

3. Shall appoint a private secretary to the governor and shall appoint all officers of this state not made elective, unless otherwise provided.

4. Notwithstanding section 38-211, shall appoint the lieutenant governor to serve as the governor's chief of staff or the director of the Arizona department of administration or to fill any position for which the governor is otherwise authorized by law to make an appointment.

5. Shall be the sole official means of communication between this state and the government of any other state or the United States.

6. May direct the attorney general to appear on behalf of this state when any action or legal proceeding is pending that affects the title of this state to any property or that may result in a claim against this state.

7. May require the attorney general, or any county attorney, to inquire into the affairs or management of any corporation doing business in this state.

8. May require the attorney general to aid a county attorney in the discharge of his duties.

9. May offer rewards for escaped insane persons, not exceeding five hundred dollars $500.

10. May require any officer or board to make special reports to him on demand in writing.

11. May convene the legislature at some other place when the seat of government becomes dangerous from disease or a common enemy.

12. May enter into intergovernmental agreements with officers, agencies or departments of the United States to provide funding or other resources available from any related state agency, board or commission for the purpose of operating federal parks located in this state during any period when such parks would otherwise be subject to shutdown due to a lack of federal appropriation and as deemed necessary to promote tourism, this state's economic well-being, or the health, safety or welfare of the state's citizens. The governor shall not provide general fund appropriations from any related state agency, board or commission to operate a federal park pursuant to this paragraph for more than twenty-one days without the approval of the legislature. The joint legislative budget committee shall review any expenditure of funds monies or other resources pursuant to this paragraph.

13. Has such powers and shall perform such other duties as devolve on him by law.

B. All official acts of the governor, except approval of the laws, shall be attested by the secretary of state.

C. beginning January 1, 2025, the governor is eligible to receive an annual salary pursuant to section 41-1904 of $220,000 or an amount equal to the annual salary of the chief justice of the supreme court, WHICHEVER is less.

D. Before an individual is hired as an employee of the office of the governor, that individual shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. END_STATUTE

Sec. 2. Section 41-121.01, Arizona Revised Statutes, is amended to read:

START_STATUTE41-121.01. Salary

BEGINNING JANUARY 1, 2025, the secretary of state shall receive an annual salary pursuant to section 41-1904 of $185,000. END_STATUTE

Sec. 3. Section 41-171, Arizona Revised Statutes, is amended to read:

START_STATUTE41-171. Office; absence from state; salary; seal

A. The state treasurer shall keep his the state treasurer's office at the capitol and shall not be absent himself from this state without first notifying the secretary of state that he the state TREASURER is leaving. Beginning JANUARY 1, 2025, he the state treasurer is eligible to receive an annual salary pursuant to section 41-1904 of $175,000.

B. The secretary of state shall procure and deliver to the state treasurer a seal of office containing the words "office of the state treasurer, Arizona", a description of which shall be retained by the secretary of state in his the secretary of state's office. END_STATUTE

Sec. 4. Section 41-191, Arizona Revised Statutes, is amended to read:

START_STATUTE41-191. Attorney general; qualifications; salary; assistants; fees; exceptions; outside counsel

A. The attorney general shall have been for not less than five years immediately preceding the date of taking office a practicing attorney before the supreme court of the state. He the attorney general is entitled to receive an annual salary pursuant to section 41-1904 of $200,000.

B. The attorney general and his the attorney general's assistants shall devote full time to the duties of the office and shall not directly or indirectly engage in the private practice of law or in an occupation conflicting with such duties, except:

1. Such prohibition shall not apply to special assistants, except that in no instance shall special assistants may not engage in any private litigation in which the this state or an officer thereof of this state in his the officer's official capacity is a party.

2. Assistant attorney attorneys general may, but in no circumstances shall be required to, represent private clients in pro bono, private civil matters under the following circumstances:

(a) The representation will be conducted exclusively during off hours or while on leave and the attorney will not receive any compensation for such services.

(b) The client is not seeking an award of attorney fees for the services.

(c) The services are for an individual in need of personal legal services who does not have the financial resources to pay for the professional services or for a nonprofit, tax exempt charitable organization formed for the purpose of providing social services to individuals and families.

(d) The representation will not interfere with the performance of any official duties.

(e) The subject matter of pro bono representation is outside of the area of practice to which the attorney is assigned in the attorney general's office and the activity will not appear to create a conflict of interest.

(f) The activity will not reflect adversely on this state or any of its agencies.

(g) The assistant attorney general's position will not influence or appear to influence the outcome of any matter.

(h) The activity will not involve assertions that are contrary to the interest or position of this state or any of its agencies.

(i) The activity does not involve a criminal matter or proceeding or any matter in which this state is a party or has a direct or substantial interest.

(j) The activity will not utilize use resources that will result in a cost to this state or any of its agencies.

(k) The attorney's supervisor may require the attorney to submit a prior written request to engage in pro bono work which that includes a provision holding the agency harmless from any of the work undertaken by the attorney.

Notwithstanding any provision of law or rule to the contrary, representation by an attorney of a pro bono client shall not disqualify the office from subsequently participating in any action affecting the client.

C. The attorney general may also, within the limits of appropriations made therefor, employ attorneys for particular cases upon on a fixed fee basis who shall be exempt from the restrictions imposed by this section upon on regular or special assistants.

D. The attorney general may also, in suits to enforce state or federal statutes pertaining to antitrust, restraint of trade, or price-fixing activities or conspiracies, employ counsel on a fixed fee basis, not to exceed an hourly rate of fifty dollars $50 per hour, such fee to be contingent upon on and payable solely out of the recovery obtained in suits so instituted, except that where the court in which the case is pending has the authority to set a fee in conjunction with a given case, and does so set a fee, the court awarded fee shall be paid in lieu of the fee provided in this section. Employment and payment of counsel under this subsection shall not be subject to the limitations imposed by title 35, nor shall counsel so employed be subject to the limitations on private practice or litigation imposed upon on regular or special assistants.

E. If the attorney general determines that legal action is reasonably necessary in order to collect a debt owed to this state or its agencies, boards, departments or commissions, the attorney general may retain or employ counsel to collect the debt. Counsel retained or employed by the attorney general shall account for the entire amount collected. A person retained as counsel under this subsection is not subject to the limitations on private practice or litigation applicable to regular or special assistants.

F. Notwithstanding any law or rule to the contrary, representation by an attorney of a pro bono client under subsection B, paragraph 2 of this section does not disqualify the office from subsequently participating in any action affecting the client. END_STATUTE

Sec. 5. Title 41, chapter 1, Arizona Revised Statutes, is amended by adding article 6, to read:

ARTICLE 6. LIEUTENANT GOVERNOR

START_STATUTE41-211. Salary

Beginning January 1, 2027, the lieutenant governor is eligible to receive an annual salary of $195,000. END_STATUTE