ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: ELECT DPA 6-4-0-0

HCR 2046: initiatives; referendums; reauthorization

Sponsor:  Representative Bowers, LD 25

Caucus & COW

Overview

Provides for the reauthorization of statewide initiative and referendum measures.

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.    Stipulates that all statewide initiative and referendum measures are valid for 10 years after the year they were enacted.

2.    Requires, after 10 years, a reauthorization measure to be referred to the qualified electors at the next regular general election for reauthorization for another 10 years.

3.    Prescribes that the reauthorization measure is approved if a majority of votes cast at the election approves the measure.

4.    Applies retroactively to all previous statewide initiative and referendum measures approved after January 1, 1990.

5.    Specifies that all retroactive statewide initiative and referendum measures must be referred to the qualified electors for reauthorization at the general election in 2030.

6.    ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteDirects the Secretary of State to submit this proposition to the voters at the next general election.

Amendments

Committee on Elections

1.    Specifies that the reauthorization measure applies to statewide measures enacted in 2020 and later.

2.    Clarifies that the reauthorization measure is approved by a majority vote on the measure, rather than votes cast at the election.

3.    Adds the requirement that measures that are approved by a reauthorization vote must be referred for another reauthorization vote every 10 years.

4.    Removes the bill retroactivity applying statewide initiative and referendum measures approved after January 1, 1990 and replaces it by specifying that the reauthorization requirements will apply to initiative and referendum measures enacted from 1994 through 2018.

5.    Specifies that all retroactive statewide initiative and referendum measures must be referred to the qualified electors for reauthorization 30 years after their initial enactment. Measures from 1994 will be referred to a reauthorization vote at the 2024 general election, measures from 1996 will be reauthorized in the 2026 general election and continuing until all measures enacted before 2020 have been referred for a reauthorization vote.

 

 

 

 

---------- DOCUMENT FOOTER ---------

                  HCR 2046

Initials SJ  Page 0 Caucus & COW

 

---------- DOCUMENT FOOTER ---------