Arizona 56th Legislature - First Regular Session Status: To Executive

SB 1391 — department of environmental quality; counsel

Last action — Vetoed by Governor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 56th Legislature - First Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Vetoed by Governor Katie Hobbs (Democratic) on June 19, 2023.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

133 added · 196 removed

Plain-language change summary

The recent amendments to Bill SB 1391 removed the sections related to the Department of Environmental Quality and instead focused on how funds from the state lottery are managed. Now, the bill specifies that after specific operating costs are covered, any money left over in the state lottery fund must first go toward paying off any bond-related debts before being used for other expenses. This change is significant because it ensures that debt obligations are prioritized, potentially affecting the funding available for other lottery-related activities or state services in the future.

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Fifty-sixth Legislature Natural Resources, Energy & Water First Regular Session S.B.
Senate Engrossed department of environmental quality;
1391 PROPOSED HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B.
counsel State of Arizona Senate Fifty-sixth Legislature First Regular Session SENATE BILL 1391 AN ACT AMENDING SECTIONS 41-192 AND 49-103;
1391 (Reference to Senate engrossed bill) Strike everything after the enacting clause and insert:
ARIZONA REVISED STATUTES;
"Section 1.
RELATING TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY.
Section 5-572, Arizona Revised Statutes, is amended to read:
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - S.B.
5-572.
1391 Be it enacted by the Legislature of the State of Arizona:
Use of monies in state lottery fund;
Section 1.
report A.
Section 41-192, Arizona Revised Statutes, is amended to read:
If there are any bonds or bond related obligations payable from the state lottery revenue bond debt service fund, the state lottery revenue bond debt service fund shall be secured by a first lien on the monies in the state lottery fund after the payment of operating costs of the lottery, as prescribed in section 5-555, subsection A, paragraph 1, until the state lottery bond debt service fund contains sufficient monies to meet all the requirements for the current period as required by the bond documents.
41-192.
Debt service for revenue bonds issued pursuant to this chapter shall be paid first from monies that would have otherwise been deposited pursuant to this section in the state general fund.
Powers and duties of attorney general;
After the requirements for the current period have been satisfied as required by the bond documents, the monies in the state lottery fund shall be expended for the expenses of the commission incurred in carrying out its powers and duties and in the operation of the lottery.
restrictions on state agencies as to legal counsel;
exceptions;
compromise and settlement monies A.
The attorney general shall have charge of and direct the department of law and shall serve as chief legal officer of the state.
The attorney general shall:
1.
Be the legal advisor of the departments of this state and render such legal services as the departments require.
2.
Establish administrative and operational policies and procedures within his THE ATTORNEY GENERAL'S department.
3.
Approve long-range plans for developing departmental programs therein, and coordinate the legal services required by other departments of this state or other state agencies.
4.
Represent school districts and governing boards of school districts in any lawsuit involving a conflict of interest with other county offices.
5.
Represent political subdivisions, school districts and municipalities in suits to enforce state or federal statutes pertaining to antitrust, restraint of trade or price-fixing activities or conspiracies, if the attorney general notifies in writing the political subdivisions, school districts and municipalities of the attorney general's intention to bring any such action on their behalf.
At any time within thirty days after the notification, a political subdivision, school district or municipality, by formal resolution of its governing body, may withdraw the authority of the attorney general to bring the intended action on its behalf.
6.
In any action brought by the attorney general pursuant to state or federal statutes pertaining to antitrust, restraint of trade, or price-fixing activities or conspiracies for the recovery of damages by this state or any of its political subdivisions, school districts or municipalities, in addition to the attorney general's other powers and authority, the attorney general on behalf of this state may enter into contracts relating to the investigation and prosecution of such action with any other party plaintiff who has brought a similar action for the recovery of damages and with whom the attorney general finds it advantageous to act jointly or to share common expenses or to cooperate in any manner relative to such action.
In any such action, notwithstanding any other laws to the contrary, the attorney general may undertake, among other things, to render legal services as special counsel or to obtain the legal services of special counsel from any department or agency of the United States, of this state or any other state or any department or agency thereof or any county, city, public corporation or public district - 1 - S.B.
1391 in this state or in any other state that has brought or intends to bring a similar action for the recovery of damages or its duly authorized legal representatives in such action.
7.
Organize the civil rights division within the department of law and administer such division pursuant to the powers and duties provided in chapter 9 of this title.
8.
Compile, publish and distribute to all state agencies, departments, boards, commissions and councils, and to other persons and government entities on request, at least every ten years, the Arizona agency handbook that sets forth and explains the major state laws that govern state agencies, including information on the laws relating to bribery, conflicts of interest, contracting with the government, disclosure of public information, discrimination, nepotism, financial disclosure, gifts and extra compensation, incompatible employment, political activity by employees, public access and misuse of public resources for personal gain.
A supplement to the handbook reflecting revisions to the information contained in the handbook shall be compiled and distributed by the attorney general as deemed necessary.
Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsection A of this section, ten million dollars $10,000,000 shall be deposited in the Arizona game and fish commission heritage fund established by section 17-297.
Except as otherwise provided by law, the attorney general may:
House Amendments to S.B.
1.
1391 C.
Organize the department into such bureaus, subdivisions or units as he THE ATTORNEY GENERAL deems most efficient and economical, and consolidate or abolish them.
Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A and B of this section, five million dollars $5,000,000 shall be allocated to the department of child safety for the healthy families program established by section 8-481, four million dollars $4,000,000 shall be allocated to the Arizona board of regents for the Arizona area health education system established by section 15-1643, three million dollars $3,000,000 shall be allocated to the department of health services to fund the teenage pregnancy prevention programs established in Laws 1995, chapter 190, sections 2 and 3, two million dollars $2,000,000 shall be allocated to the department of health services for the health start program established by section 36-697, two million dollars $2,000,000 shall be deposited in the disease control research fund established by section 36-274, and one million dollars $1,000,000 shall be allocated to the department of health services for the federal women, infants and children food program AND $9,060,000 SHALL BE DEPOSITED IN THE WATER QUALITY FEE FUND ESTABLISHED BY SECTION 49-210.
2.
The allocations in this subsection shall be adjusted annually according to changes in the GDP price deflator as defined in section 41-563 and the allocations are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
Adopt rules for the orderly conduct of the business of the department.
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If there are not sufficient monies available pursuant to this subsection, the allocation of monies for each program shall be reduced on a pro rata basis.
3.
Subject to chapter 4, article 4 of this title, employ and assign assistant attorneys general and other employees necessary to perform the functions of the department.
4.
Compromise or settle any action or claim by or against this state or any department, board or agency of this state.
If the compromise or settlement involves a particular department, board or agency of this state, the compromise or settlement shall be first approved by the department, board or agency.
If no department or agency is named or otherwise materially involved, the approval of the governor shall be first obtained.
5.
Charge reasonable fees for distributing official publications, including attorney general legal opinions and the Arizona agency handbook.
The fees received shall be transmitted to the state treasurer for deposit in the state general fund.
C.
The powers and duties of a bureau, subdivision or unit shall be limited to those assigned by law to the department.
If the state lottery director determines that monies available to the state general fund may not equal eighty-four million one hundred fifty thousand dollars $84,150,000 in a fiscal year, the director shall not authorize deposits to the Arizona game and fish commission heritage fund pursuant to subsection B of this section until the deposits to the state general fund equal eighty-four million one hundred fifty thousand dollars $84,150,000 in a fiscal year.
Notwithstanding any law to the contrary, except as provided in subsections E and F of this section, no state agency other than the attorney general shall employ legal counsel or make an expenditure or incur an indebtedness for legal services, but the following are exempt from this section:
- 2 - S.B.
1391 1.
The director of water resources.
2.
The residential utility consumer office.
3.
The industrial commission OF ARIZONA.
4.
The Arizona board of regents.
5.
The auditor general.
6.
The corporation commissioners and the corporation commission other than the securities division.
7.
The office of the governor.
8.
The constitutional defense council.
9.
The office of the state treasurer.
10.
The Arizona commerce authority.
11.
The water infrastructure finance authority of Arizona.
12.
THE DEPARTMENT OF ENVIRONMENTAL QUALITY.
Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A through D of this section, one million dollars $1,000,000 or the remaining balance -2- House Amendments to S.B.
If the attorney general determines that he THE ATTORNEY GENERAL is disqualified from providing judicial or quasi-judicial legal representation or legal services on behalf of any state agency in relation to any matter, the attorney general shall give written notification to the state agency affected.
1391 in the fund, whichever is less, is appropriated to the department of economic security for grants to nonprofit organizations, including faith based FAITH-BASED organizations, for homeless emergency and transitional shelters and related support services.
If the agency has received written notification from the attorney general that the attorney general is disqualified from providing judicial or quasi-judicial legal representation or legal services in relation to any particular matter, the state agency is authorized to make expenditures and incur indebtedness to employ attorneys to provide the representation or services.
The department of economic security shall submit a report on the amounts, recipients, purposes and results of each grant to the governor, the speaker of the house of representatives and the president of the senate on or before December 31 of each year for the prior fiscal year and shall provide a copy of this report to the secretary of state.
Of the monies remaining in the state lottery fund each fiscal year after appropriations and deposits authorized in subsections A through E of this section, and after a total of at least ninety-nine million six hundred forty thousand dollars $99,640,000 has been deposited in the state general fund, three million five hundred thousand dollars $3,500,000 shall be deposited in the Arizona competes fund established by section 41-1545.01.
If the attorney general and the director of the department of agriculture cannot agree on the final disposition of a pesticide complaint under section 3-368, if the attorney general and the director determine that a conflict of interest exists as to any matter or if the attorney general and the director determine that the attorney general does not have the expertise or attorneys available to handle a matter, the director is authorized to make expenditures and incur indebtedness to employ attorneys to provide representation or services to the department with regard to that matter.
The balance in the state lottery fund remaining after deposits into the Arizona competes fund shall be deposited in the university capital improvement lease-to-own and bond fund established by section 15-1682.03, up to a maximum of eighty percent of the total annual payments of lease-to-own and bond agreements entered into by the Arizona board of regents.
All monies remaining in the state lottery fund after the appropriations and deposits authorized in this section shall be deposited in the state general fund.
Any department or agency of this state authorized by law to maintain a legal division or incur expenses for legal services from funds derived from sources other than the general revenue of the state, or from any special or trust fund, shall pay from such source of revenue or special or trust fund into the general fund of the state, to the extent such funds are available and on a reimbursable basis for warrants drawn, the amount actually expended by the department of law within legislative appropriations for such legal division or legal services.
Except for monies expended for debt service of revenue bonds as provided in subsection A of this section, monies expended under subsection A of this section are subject to legislative appropriation.
Appropriations made pursuant to subsection G of this section shall not be subject to lapsing provisions otherwise provided by law.
I.
Services for departments or agencies to which this subsection and subsection F of this section are applicable shall be performed by special or regular assistants to the attorney general.
The commission shall transfer monies prescribed in this section on a quarterly basis.
- 3 - S.B.
-3- House Amendments to S.B.
1391 I.
1391 Sec.
Notwithstanding section 35-148, monies received by the attorney general from charges to state agencies and political subdivisions for legal services relating to interagency service agreements shall be deposited, pursuant to sections 35-146 and 35-147, in an attorney general agency services fund.
Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
J.
Unless otherwise provided by law, monies received for and belonging to the state and resulting from compromises and settlements entered into pursuant to subsection B of this section, excluding restitution and reimbursement to state agencies for costs or attorney fees, shall be deposited into the state treasury and credited to the state general fund pursuant to section 35-142.
Monies received for and belonging to the state and resulting from a compromise or settlement are not considered custodial, private or quasi-private monies unless specifically provided by law.
On or before January 15, April 15, July 15 and October 15, the attorney general shall file with the governor, with copies to the director of the department of administration, the president of the senate, the speaker of the house of representatives, the secretary of state and the staff director of the joint legislative budget committee, a full and complete account of the deposits into the state treasury made pursuant to this subsection in the previous calendar quarter.
For the purposes of this subsection, "restitution" means monies intended to compensate a specific, identifiable person, including this state, for economic loss.
Sec.
Section 49-210, Arizona Revised Statutes, is amended to read:
Section 49-103, Arizona Revised Statutes, is amended to read:
49-210.
49-103.
Water quality fee fund;
Department employees;
appropriation;
legal counsel A.
exemption;
The director, subject to title 41, chapter 4, article 4 and, as applicable, articles 5 and 6, shall employ, determine the conditions of employment and specify the duties of administrative, secretarial and clerical employees as he THE DIRECTOR deems necessary.
monies held in trust A.
The water quality fee fund is established consisting of monies appropriated by the legislature, MONIES DEPOSITED FROM THE STATE LOTTERY FUND PURSUANT TO SECTION 5-572 and fees received pursuant to sections 49-104, 49-203, 49-211, 49-241, 49-241.02, 49-242, 49-255.01, 49-352, 49-353 and 49-361.
The director shall administer the fund.
Monies in the fund are subject to annual legislative appropriation to the department for water quality programs.
The attorney general shall be MAY SERVE AS the legal advisor of the department and shall give MAY PROVIDE legal services as the department requires.
Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
Compensation for personnel assigned by the attorney general to perform such services shall be a charge against appropriations to the department.
The attorney general shall prosecute and defend in the name of this state all actions necessary to carry out the provisions of this title AS REQUESTED BY THE DIRECTOR.
On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
THE DIRECTOR MAY EMPLOY ATTORNEYS TO REPRESENT THE DEPARTMENT.
D.
- 4 -
Monies in the water quality fee fund shall be used for activities required to implement this chapter, except for articles 1.1 and 5 of this chapter, and to implement section 49-104, subsection B, paragraphs 9 through 13 and subsection C.
E.
Any fee, assessment or other levy that is authorized by law or administrative rule and that is collected and deposited in the water quality fee fund shall be held in trust.
The monies in the fund may be used only for the purposes prescribed by statute and shall not be appropriated or transferred by the legislature to fund the general operations of this state or to otherwise meet the obligations of the general fund of this state.
This subsection does not apply to any taxes or other levies that are imposed pursuant to title 42 or 43.
-4- House Amendments to S.B.
1391 Sec.
3.
Emergency This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law." Amend title to conform GAIL GRIFFIN 1391GRIFFIN.docx 03/23/2023 08:18 AM C:
LAT -5-
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Action History

  1. Vetoed by Governor

  2. Transmit to Governor

  3. Transmit to Senate

  4. PASSED

  5. DP

  6. DPA/SE

  7. House Second Reading

  8. House First Reading.

  9. Transmit to House

  10. PASSED

  11. DP

  12. Senate Second Reading

  13. Senate First Reading

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 92 not signed on · 33 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (92)

92 members have not signed on to this bill.

Show all 92 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed

Passed 31 Yea · 29 Nay
Party YeaNayPresentNot Voting
Democrat 01800
Republican 23000
Unaffiliated 81100
Total 312900
% of votes cast 52%48%0%0%
How each member voted (60)
Member Party Vote
Amish Shah — Nay
Andres Cano — Nay
Athena Salman — Nay
Austin Smith — Yea
Barbara Parker — Yea
Ben Toma — Yea
Cory McGarr — Yea
David L. Cook — Yea
Jacqueline Parker — Yea
Jennifer Longdon — Nay
Jennifer Pawlik — Nay
Judy Schwiebert — Nay
Justin Heap — Yea
Keith Seaman — Nay
Laura Terech — Nay
Leezah Elsa Sun — Nay
Marcelino Quiñonez — Nay
Melody Hernandez — Nay
Travis W. Grantham — Yea
Alma Hernandez Democrat Nay
Analise Ortiz Democrat Nay
Cesar Aguilar Democrat Nay
Christopher Mathis Democrat Nay
Consuelo Hernandez Democrat Nay
Lorena Austin Democrat Nay
Lupe Contreras Democrat Nay
Lydia Hernandez Democrat Nay
Mae Peshlakai Democrat Nay
Mariana Sandoval Democrat Nay
Myron Tsosie Democrat Nay
Nancy Gutierrez Democrat Nay
Oscar De Los Santos Democrat Nay
Patty Contreras Democrat Nay
Quantá Crews Democrat Nay
Seth Blattman Democrat Nay
Stacey Travers Democrat Nay
Stephanie Stahl Hamilton Democrat Nay
Alexander Kolodin Republican Yea
Beverly Pingerelli Republican Yea
David Livingston Republican Yea
David Marshall, Sr. Republican Yea
Gail Griffin Republican Yea
John Gillette Republican Yea
Joseph Chaplik Republican Yea
Julie Willoughby Republican Yea
Justin Wilmeth Republican Yea
Kevin Payne Republican Yea
Laurin Hendrix Republican Yea
Leo Biasiucci Republican Yea
Lupe Diaz Republican Yea
Matt Gress Republican Yea
Michael Carbone Republican Yea
Michele Peña Republican Yea
Neal Carter Republican Yea
Quang H Nguyen Republican Yea
Rachel Keshel Republican Yea
Selina Bliss Republican Yea
Steve Montenegro Republican Yea
Teresa Martinez Republican Yea
Timothy "Tim" Dunn Republican Yea

Official roll call →

Passed

Passed 25 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 9001
Unaffiliated 8200
Republican 8200
Total 25401
% of votes cast 83%13%0%3%
How each member voted (30)
Member Party Vote
Anna Hernandez — Yea
Anthony Kern — Nay
Christine Marsh — Yea
Juan Mendez — Yea
Justine Wadsack — Nay
Ken Bennett — Yea
Raquel Terán — Yea
Sine Kerr — Yea
Sonny Borrelli — Yea
Steve Kaiser — Yea
Brian Fernandez Democrat Yea
Catherine Miranda Democrat Yea
Denise “Mitzi” Epstein Democrat Yea
Eva Burch Democrat Yea
Eva Diaz Democrat Yea
Lela Alston Democrat Yea
Priya Sundareshan Democrat Yea
Rosanna Gabaldón Democrat Not Voting
Sally Ann Gonzales Democrat Yea
Theresa Hatathlie Democrat Yea
David C. Farnsworth Republican Nay
David Gowan Republican Yea
Frank Carroll Republican Yea
J.D. Mesnard Republican Yea
Jake Hoffman Republican Nay
Janae Shamp Republican Yea
John Kavanagh Republican Yea
Thomas "T.J." Shope Republican Yea
Warren Petersen Republican Yea
Wendy Rogers Republican Yea

Official roll call →

Subjects

environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 1391?
SB 1391 is sponsored by Sine Kerr.
What is the current status of SB 1391?
This bill died with 56th Legislature - First Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1391?
Track SB 1391 free on One Click Politics — get push/email alerts when it moves.

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