Page 1, line 21, strike "without an accompanying until after"
Line 22, strike "receiving
the" insert "without an accompanying"
Line 23, after "subsection" insert "unless the statement of organization or
signed exemption statement was previously filed for that INITIATIVE or
referendum"
Line 32, strike "a
stamped" insert
"the time and date marked"
Page 2, line 17, after "to" strike remainder of line
Line 18, strike "committee's statement of organization
or"
Strike lines 23 through 44
Strike pages 3, 4 and 5
Page 6, strike lines 1 through 8, insert:
"Sec. 3. Section 19-141, Arizona Revised
Statutes, is amended to read:
START_STATUTE19-141. Initiative and referendum in counties, cities and towns
A. The
provisions of This chapter shall
apply applies to
the legislation of cities, towns and counties, except as specifically provided
to the contrary in this article. The duties required of the
secretary of state as to state legislation shall be performed in connection
with such legislation by the city or town clerk, county officer in charge of
elections or person performing the duties as such. The duties
required of the governor shall be performed by the mayor or the chairman of the
board of supervisors, the duties required of the attorney general shall be
performed by the city, town or county attorney, and the printing and binding of
measures and arguments shall be paid for by the city, town or county in like
manner as payment is provided for by the state with respect to state
legislation. The provisions of
Section 19‑124 with respect to the legislative council analysis do does not apply in connection with initiatives
and referenda in cities, towns and counties. The printing shall be
done in the same manner as other municipal or county printing is done.
B. Distribution of pamphlets shall be made to every
household containing a registered voter in the city, town or county, so far as possible, by the
city or town clerk or by the county officer in charge of elections by mail
before the earliest date for receipt by registered voters of any requested early
ballot for the election at which the measures are to be voted on. If the
pamphlet is not mailed before the earliest date for receipt of a requested
early ballot, the officer in charge of elections shall provide a notice with
the early ballots stating when the pamphlets will be mailed and where and when
the pamphlets may be accessed or viewed. Pamphlets shall not be mailed or
carried less than ten days before the election at which the measures are to be
voted upon.
C. Arguments supporting or opposing municipal or
county initiative and referendum measures shall be filed with the city or town
clerk or the county officer in charge of elections not less than ninety days
before the election at which they are to be voted upon.
D. The procedure with respect to municipal and
county legislation shall be as nearly as practicable the same as the procedure
relating to initiative and referendum provided for the state at large, except
the procedure for verifying signatures on initiative or referendum petitions may
be established by a city or town by charter or ordinance.
E. The city
or town clerk or the county recorder or county officer in charge of elections
who receives petitions for filing shall not remove or otherwise refuse to
accept for filing a petition, a petition sheet or a signature for any REASON
other than those prescribed in section 19-121.01.
E. F. References in
this section to duties to be performed by city or town officers apply only with
respect to municipal legislation, and references to duties to be performed by
county officers apply only with respect to county legislation.
F. G. The duties
required of the county recorder with respect to state legislation shall also be
performed by the county recorder with respect to municipal or county legislation.END_STATUTE
Sec. 4. Section
19-142, Arizona Revised Statutes, is amended to read:
START_STATUTE19-142. Referendum petitions against municipal actions; emergency
measures; zoning actions
A. The whole number of votes cast at the citywide or
townwide election at which a mayor or councilmen were chosen last preceding the
submission of the application for a referendum petition against an ordinance,
franchise or resolution shall be the basis on which the number of electors of
the city or town required to file a referendum petition shall be
computed. For the purposes of this section, a citywide or townwide
election is an election, other than a
special election, at which all of the qualified electors of a
city or town who are
eligible to vote are voting for
a the office of mayor, or,
if the mayor is not directly elected by the qualified electors of that city or
town, are voting for members of the city or town council. The
petition shall be filed with the city or town clerk within thirty days after
passage of the ordinance, resolution or franchise.
B. A city or town ordinance, resolution or franchise
shall not become operative until thirty days after its passage by the council
and approval by the mayor, unless it is passed over the mayor's veto, and then
it shall not become operative until thirty days after final approval and until
certification by the clerk of the city or town of the minutes of the meeting at
which the action was taken, except emergency measures necessary for the
immediate preservation of the peace, health or safety of the city or town. An
emergency measure shall not become immediately operative unless it states in a
separate section the reason why it is necessary that it should become
immediately operative, and unless it is approved by the affirmative vote of
three‑fourths of all the members elected to the city or town council,
taken by ayes and noes, and also approved by the mayor.
C. At the time a person or organization intending to
file a referendum petition against an ordinance or resolution applies for the
issuance of an official number pursuant to section 19‑111, the city or
town clerk shall provide such person or organization with a full and correct
copy of the ordinance or resolution in the form as finally
adopted. If the copy of the ordinance or resolution proposed as a
referendum is not available to such person or organization at the time of
making application for an official number or on the same business day as the
application is submitted, the thirty‑day period prescribed in subsection
A of this section begins on the day that the ordinance or resolution is
available from the city or town clerk, and the ordinance or resolution shall
not become operative until thirty days after the ordinance or resolution is
available.
D. Notwithstanding subsection C of this section, a
person or organization may file a referendum petition against the rezoning of a
parcel of property on the approval by the city or town council of the ordinance
that adopts the rezoning or on the approval of that portion of the minutes of
the city or town council that includes the council's approval of the rezoning,
whichever occurs first. The thirty day period prescribed in
subsection A of this section begins on the day that the rezoning ordinance or
approved minutes or portion of the approved minutes are available from the city
or town clerk and the ordinance is not operative until thirty days after the
ordinance or minutes are available."END_STATUTE
Page 6, line 18, after "election" insert ", other than a special election,"
Line 26, after "ensuing" insert "general"
Amend title to conform
Bill
Number: S.B. 1260