HB 2789 Moves Forward Despite Legislative Council's Finding of Unconstitutionality


[author: Bingham, Matt]

Earlier today, the Rules Committee of the Arizona House of Representatives passed Rep. Lesko's (R-Glendale) HB 2789 despite an opinion issued by the Arizona Legislative Council on Monday concluding that the bill is unconstitutional.   The Council's reasoning mirrored a similar analysis issued last week by the Corporation Commission's counsel, as we blogged about here.  In short, the Council concluded that the bill would violate the separation of powers clause of the state constitution and infringe on the Corporation Commission's constitutionally granted powers.

Read more here and here.


Published In: Constitutional Law Updates, Elections & Politics Updates, Energy & Utilities Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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