ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

 

HB 2125: districts; initiatives; litigation; prohibition

Sponsor:  Representative Thorpe, LD 6

Committee on Elections

Overview

Specifies that a school district or other lawfully created district must not maintain an action to prevent the enactment of an initiative or referendum measure.

History

The State Constitution allows the people to propose laws and amendments to the Constitution independently of the Legislature.  A certain percentage of qualified electors may propose any measure and they also have the right to propose an amendment to the Constitution.  The power of the referendum is also reserved for a specified percentage of qualified voters and the Legislature.  The referendum allows the submission to the people at the polls of any measure enacted by the Legislature except laws immediately necessary for public health or safety (AZ Const. Art. IV, Part I, § 1).

Provisions

1.    Prohibits a school district or other district created by law from maintaining an action to prevent the enactment of any initiative or referendum measure. (Sec. 1)

2.    Stipulates that the members of the governing body of a school district or other district are personally liable for the reasonable attorney fees and other costs of litigation incurred by people who attempt to enact the initiative or referendum measure. (Sec. 1)

3.    ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteContains a retroactivity clause of January 1, 2016. (Sec. 2)

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7.                      HB 2125

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