ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: GOV DPA 4-2-0-1

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 4049: attorney general; legal counsel; exemption

Sponsor: Representative Fink, LD 27

Caucus & COW

Overview

Allows the Arizona Department of Child Safety (DCS) to employ legal counsel, make an expenditure or incur an indebtedness for legal services.

History

The Attorney General (AG) is the legal advisor of Arizona departments and renders legal services as the departments need. State agencies are not permitted to employ legal counsel, make an expenditure or incur an indebtedness for legal services except for the: 1) AG; 2) Director of Water Resources; 3) Residential Utility Consumer Office; 4) Industrial Commission; 5) Arizona Board of Regents; 6) Auditor General; 7) Corporation Commissioners and the Corporation Commission other than the Securities Division; 8) Office of the Governor; 9) Constitutional Defense Council; 10) Office of the State Treasurer; 11) Arizona Commerce Authority; and 12) Water Infrastructure Finance Authority of Arizona. If the AG finds that they are disqualified from providing legal representation or services on a state agency's behalf, the state agency is authorized to make expenditures and incur indebtedness to employ attorneys for representation or services upon the AG's written notification of disqualification (A.R.S. § 41-192).

Provisions

1.   Permits DCS to employ legal counsel, make an expenditure or incur an indebtedness for legal services. (Sec. 1)

2.   Makes technical changes. (Sec. 1)

Amendments

Committee on Government

1.   Asserts that the Attorney General or appointed counsel must represent the state's interests, not DCS as a client, in certain proceedings in which there are certain credible allegations against DCS or their agent.

2.   Directs the AG or appointed counsel to conduct an independent review of the record and advise the court of their legal assessment in such cases.

3.   States that the Attorney General or appointed counsel is not subject to direction, retaliation or adverse employment action by DCS for taking a position inconsistent with DCS's recommendation in such cases.

4.    

5.    

6.   ---------- DOCUMENT FOOTER ---------

7.   Initials ML/MN               HB 4049

8.   2/13/2026  Page 0 Caucus & COW

9.    

10.  ---------- DOCUMENT FOOTER ---------