SB1391

THE CONTEXT: As the chief legal officer of the State, the Attorney General is the legal advisor to state agencies and additionally provides any necessary legal services for these agencies. For example, the Attorney General serves as the legal advisor to ADEQ and provides legal services as necessary.

WHAT THE BILL DID: The final vetoed version would add ADEQ to the list of agencies that may employ legal counsel or expend monies or incur indebtedness for legal services, allows, instead of requires, the Attorney General to serve as the legal advisor of and provide legal services to ADEQ, and specifies that the Attorney General will prosecute and defend in the name of this state all actions necessary to carry out the state's environmental laws as requested by the Director of ADEQ (Director). (Sec 2).

WHY IT MATTERED: The practical reason for this bill was to give patients, families, and providers a clearer legal standard for department of environmental quality. It would add ADEQ to the list of agencies that may employ legal counsel or expend monies or incur indebtedness for legal services, and would also allows, instead of requires, the Attorney General to serve as the legal advisor of and provide legal services to ADEQ, rather than leave the current rule unchanged.