Legislative Update

BILLS THAT FAILED TO PASS

Welcome. This site provides information on Bills that Failed to Pass.

Chapter
Number
Description

HB 2392

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HOME PROTECTION; SELF-DEFENSE

S/E: PRACTICE OF LAW

Rep. Pearce

 

Establishes two types of methods a person can practice law without attending or graduating a law school: legal apprenticeship and probationary membership.
A person can be granted admittance to the State Bar if the person is approved by the committee on character and fitness, has completed a legal apprenticeship period or a probationary membership period, has completed a class in legal ethics and has passed the bar exam. Sets forth the requirements for a legal apprenticeship. Sets forth the manners under which a legal apprentice must study law. Alternatively the bill sets up a probation membership period. Requirements for admittance as a probationary member are similar to that of a legal apprenticeship.

 

This bill failed in the Senate Judiciary Committee 3-5.

HCR 2010

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JUSTICE COURTS; JURISDICTION

Rep. Gray, C.

 

Amends the Constitution to allow the 2006 general election ballot to carry the question of amending Article 6, Section 32 to remove the $10,000 cap on civil matters brought before
JP courts. New language requires the Legislature to increase or decrease the justice courts jurisdiction by statute with a two-thirds majority in both houses.

 

This bill passed the Senate Committee of the Whole but failed to receive a third reading.

HCR 2011

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SUPREME COURT; JURISDICTIONAL LIMITS

Rep. Gray, C.

 

Amends the Constitution to allow the 2006 general election ballot to carry the question of amending Article 6, Section 5 to add language that states the Supreme Court shall not "infringe on the authority of the Legislature or the people to enact otherwise constitutional substantive, procedural and evidentiary laws."

 

This bill was held in the House Rules Committee.

HCR 2012

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ELECTION; PRESIDING SUPERIOR COURT JUDGES

Rep. Gray, C.

 

Amends the Constitution to allow the 2006 general election ballot to carry the question of amending Article 6, Section 11 to say that the presiding superior court judge in each county be selected by the superior court judges and in a manner determined by the Legislature rather than be appointed by the Supreme Court. Additionally, administrative supervision of the presiding judge is limited to the superior court. 

 

This bill never received a hearing.

HCR 2015

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JUDGES; MERIT SELECTION, POPULATIONS

Rep. Rios

 

Amends the Constitution to allow the 2006 general election ballot to carry the question of amending various sections of Article 6 to change the population threshold for direct election of superior court judges to counties with a population of less than 600,000.

 

This bill never received a hearing in Senate Committee of the Whole as it was stricken from the consent calendar.

HCR 2016

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JUSTICES AND JUDGES; GOVERNOR APPOINTMENT

Rep. Gray

 

Amends the Constitution to allow the 2006 general election ballot to carry the question of whether to amend various sections in Article 6 to require senate confirmation of appellate and supreme court justices and superior court judges in counties with a population of more than 250,000. All justices and judges subject to Senate confirmation must be reconfirmed by the Senate every four years. 

 

This bill never received a hearing.

HCR 2019

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SINGLE SUBJECT; INITIATIVE; COURT REVIEW

Rep. Knaperek

 

Amends the Constitution to allow a mechanism for the Supreme Court to issue a decision as to whether a proposed initiative complies with the separate amendment requirement.

 

This bill passed the Senate Judiciary Committee but was held in the Senate Rules Committee.

HCR 2020

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SEPARATION OF POWERS; JUDICIAL LAWMAKING

Rep. Pearce

 

Amends the Constitution to prohibit the Courts’ from establishing rules of law retroactively, including rules of law arising before a claim is filed.

 

This bill passed the Senate Judiciary Committee but was held in the Senate Rules Committee.

SB 1342

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ORDERS OF PROTECTION; SERVICE

Sen. Huppenthal

 

Currently an order of protection issued by a municipal court can be served by a city police agency, an order issued by a justice court can be served by a sheriff or constable and orders from the superior court can be be served by the sheriff. Adds that any law enforcement agency where a defendant is located may serve an order of protection. Additionally, if the court finds that it is in the best interest of justice and public safety, the court may require a municipal police agency, county sheriff or constable in the jurisdiction where the defendant is located to serve the order of protection.

 

This bill never received a hearing.

SB 1430

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CHILDREN; CPS

Sen. Johnson

 

Requires CPS to inform person under investigation of certain enumerated rights. The CPS worker must make all reasonable efforts to provide these rights and receive written confirmation of doing so before a child can be removed from the home. Changes the makeup of the review team by
removing one DES member. At least one FCRB member must be present at a review team meeting. If two members of the FCRB are not available, the review team must consult an employee of the family advocacy office established in section 8-902. Establishes an 11 member Family Advocacy Council (FAC) and FAC Office to serve as a resource to families as well as advocate on the parent’s behalf.

 

Failed third reading in the House twice after being brought back on reconsideration.

SCR 1013

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JUSTICES AND JUDGES; RETIREMENT AGE

Sen. Huppenthal

 

 

Amends the Constitution to change the age that a superior court judge must retire from seventy to seventy-five years.

 

This bill passed the Senate and was transmitted to the House where it was used as a striker for clean elections.

SCR 1026

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SINGLE SUBJECT; COURT REVIEW

Sen. Martin

 

The 2006 general election ballot is to carry the question of whether to amend Article 21 of the constitution to state that before filing of an initiative petition with the Secretary of State that proposes an amendment to the Constitution proponents may submit the petition to the Supreme Court for a determination of whether the petition contains a single subject.

 

This bill never received a hearing.

SCR 1028

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ARIZONA AVIATION MAINTENANCE TECHNICIAN DAY S/E JUDICIAL VACANCIES AND APPOINTMENTS; SENATE CONFIRMATION

Sen. Martin

 

Requires Senate confirmation of all appellate court judge nominees appointed by the Governor. If the Senate does not act to confirm the nominee is deemed confirmed. Each appellate court judge who is confirmed by the Senate must be reconfirmed every four years. An appellate court judge who is currently holding office is also subject to Senate confirmation and must file a declaration to be retained in office. If a nominee is not confirmed by the Senate the governor may appoint any person of her choosing to the position, subject to Senate confirmation.

 

This bill passed the Senate and was transmitted to the House.  It was ultimately held in House Appropriations B Committee following some discussion.