Understanding Arizona's Lawmaking Process

The process of a bill becoming a law in Arizona can be complex and lengthy. There are two ways a bill can become a law: through the traditional legislative process or via the ballot. The legislative process involves multiple steps, including the bill being filed, undergoing committee hearings, passing through the chamber of origin and crossover chamber, and finally, being sent to the governor for signature or veto. The ballot approach, on the other hand, allows citizens to vote directly on initiatives and referendums, also known as ballot measures or propositions. Understanding the intricacies of how a bill becomes a law in Arizona is essential for comprehending the state's legislative landscape and the impact of these laws on its citizens.

The Legislative Process

In Arizona, a bill can become a law through the traditional legislative process or via the ballot. The traditional legislative process is a multi-step procedure that begins with an idea, which can come from a variety of sources, including citizens, community organizations, lobbyists, lawmakers, or any other entity. Once an idea is formed, it is presented to a legislator or group of legislators, who will then sponsor the bill for introduction. All draft legislation must go through the Legislative Council, which reviews the bill, formats it, and designates the appropriate statute for the bill to create or amend.

The bill is then filed with the Secretary or Chief Clerk, who assigns it a bill number. The bill is then assigned to a standing committee and given a first reading in its chamber of origin. Each bill must pass through at least one standing committee, and the committee chair decides whether and when to hear the bill. The public can comment on the bill during the committee hearing. After the committee hearing, the bill is heard by the Rules Committee, which verifies its constitutionality and ensures it is drafted in the proper format.

Next, the bill goes to the "Committee of the Whole," where all lawmakers in the chamber debate the bill and decide on any proposed amendments. After this, the bill receives a formal floor vote, or "Third Read." If the bill passes, it is sent to the other chamber to repeat the process. Once it has passed in the second chamber, it is sent back to the chamber of origin, which then sends it to the governor for signature or veto.

The governor has the power to sign the bill into law, allow it to become law without a signature, or veto it. If the governor signs the bill, it becomes law 90 days after the legislative session ends. A bill can also become law without the governor's signature if it is not signed within 5 days during the session or within 10 days after the session ends. If the governor vetoes the bill, the legislature can override the veto with a two-thirds majority vote.

Arizona Statutory Publications

In Arizona, the first instance of a law passed by the state legislature is called a slip law. These slip laws are then collected and arranged chronologically into a permanent set of bound volumes called session laws at the end of each legislative session. The session laws are published by the Secretary of State and issued annually. They contain not only the enacted legislation but also veto messages from the Governor, election results, and listings of federal and state elected officials for Arizona. Each session law is assigned a chapter number, and at the beginning of each chapter is the title of the bill and its Senate or House bill number.

The session laws are not cumulative or arranged by subject, so it can be difficult to locate laws on specific topics. However, session laws of a general, public, and permanent nature are eventually compiled into the state code, known as the Arizona Revised Statutes (A.R.S.). The A.R.S. is cumulative and arranged by subject, making it easier to locate laws on particular topics.

The Arizona Revised Statutes (A.R.S.) is the official statutory code of the State of Arizona and comprises all laws and statutes of a general, public, and permanent nature. An unannotated version is freely available on the Arizona State Legislature website, although it is updated less frequently than the annotated version. The annotated version, known as the Arizona Revised Statutes Annotated (A.R.S.A.), is published by Thomson Reuters and includes additional information such as statutory notes, historical notes, and citations to law reviews. It also contains the Constitution of the State of Arizona and the Rules of Practice and Procedure.

The Arizona State Legislature website provides access to slip laws and session laws from 1991 to the present, with information for past sessions accessible through a drop-down box. Session laws from 1912 to the present are available from the Arizona Memory Project, and they can also be accessed through HeinOnline and in print at the Law Library. The current version of the Arizona Revised Statutes Annotated is available in print in the main reading room of the Law Library, with superseded versions and territorial codes preceding statehood available upon request.

Arizona Legislative History

The Arizona Legislature follows a detailed process for a bill to become a law. This process can be navigated through two avenues: the traditional legislative process or via the ballot.

Traditional Legislative Process

The journey of a bill to a law in Arizona begins with an idea. This idea can come from anyone, including citizens, community organisations, businesses, lobbyists, lawmakers, or even the governor. Once the idea is ready, it is presented to a legislator or group of legislators, who can choose to sponsor the bill for introduction. The bill then goes through the Legislative Council, which reviews and formats the bill and determines the appropriate statute for it to create or amend. The Legislative Council is a crucial step in the process, as all draft legislation in Arizona must pass through it. The bill is then filed with the Secretary, who assigns it a bill number.

The bill is then assigned to a standing committee by the Majority Leadership (the Senate President or the House Speaker). This step is critical, as leadership can kill a bill by not assigning it to any standing committee or making its passage more challenging by assigning it to multiple committees. The bill must pass through at least one standing committee. The committee chair decides whether and when to hear the bill, and the public can provide input through the online Request to Speak (RTS) system or in person. Amendments can be introduced by any lawmaker in the committee, requiring a simple majority vote to pass.

After the committee hearings, the bill moves to the Rules Committee, which verifies its constitutionality and ensures it is drafted in the proper format. Amendments cannot be made at this stage. The bill then goes through the "Committee of the Whole," where lawmakers in the chamber of origin discuss it and decide on any proposed amendments. This is followed by a formal floor vote, or "Third Read."

The bill then crosses over to the other chamber, where it repeats the process from the first reading to the third reading. Once it passes the crossover chamber, it returns to the chamber of origin, which must send it to the governor for signature or veto. If the bill is not amended in the crossover chamber, it is transmitted directly to the governor. However, if it is amended, the chamber of origin must vote on the amended version, or "Final Read." If the bill passes this stage, it is transmitted to the governor; otherwise, a conference committee is appointed to resolve the differences.

The governor then decides whether to sign the bill into law. If signed, it becomes law 90 days after the legislative session ends. Notably, a bill can also become law without the governor's signature if not acted upon within five days during the session or ten days after the session ends. On the other hand, a veto from the governor prevents the bill from becoming law, although the legislature can override this veto with a two-thirds majority vote.

Legislation at the Ballot

Arizona is unique in that its Constitution guarantees its citizens the right to create laws independently of the legislature. This direct democracy takes the form of initiatives and referendums, also known as "ballot measures" or "propositions." There are three ways for this legislation to reach the ballot:

• Legislative referral: The legislature may refer language for a statutory initiative or constitutional amendment directly to the ballot with a simple majority vote in both chambers. The governor's signature is not required.
• Citizen initiative: Citizens or organisations can gather signatures to place a statutory initiative or constitutional amendment on the ballot. The measure becomes law with a simple majority of voter approval.
• Citizen referendum: Citizens or organisations can gather signatures to place a previously passed law on the ballot as a referendum. A "Yes" vote upholds the law, while a "No" vote overturns it.

In conclusion, the Arizona Legislative History outlines a comprehensive process for bills to become laws, either through the traditional legislative route or via the ballot. This process involves multiple stages of review, discussion, and voting, ultimately leading to the governor's decision or public vote.

Arizona Municipal Law

Traditional Legislative Process

The traditional legislative process begins with an idea, which can come from various sources, including citizens, community organizations, lobbyists, lawmakers, or any other entity. Once the idea is ready, its proponent presents it to a legislator or group of legislators, who will then sponsor the bill for introduction. The bill is then filed with the Secretary or Chief Clerk, who assigns it a bill number.

The bill is then assigned to a standing committee by the majority leadership, and it must pass through at least one standing committee. The committee chair decides whether and when to hear the bill, and the public can provide input during the committee hearings. Amendments can be introduced and must pass with a simple majority vote. After the committee hearings, the bill is heard by the Rules Committee, which verifies its constitutionality and proper format.

Following the committee process, the bill is scheduled for a vote by the entire chamber. If any legislator wishes to debate or amend the bill further, it goes to the "Committee of the Whole," where all lawmakers in that chamber debate and propose amendments. The bill then receives a formal floor vote, or "Third Read."

If the bill passes the first chamber, it moves to the second chamber, where it repeats the same steps. Once it has passed the second chamber, it is sent back to the first chamber, which then transmits it to the governor for signature or veto. If the governor signs the bill, it becomes law 90 days after the legislative session ends. The governor's signature is not required for a bill to become law; it can also be enacted if the governor does not sign it within 5 days during the session or 10 days after the session ends. However, the governor can veto the bill, which prevents it from becoming law unless the legislature overrides the veto with a two-thirds majority vote.

Legislation at the Ballot

In Arizona, citizens are guaranteed the right to create laws directly through initiatives and referendums, also known as "ballot measures" or "propositions." There are three ways for this legislation to reach the ballot:

• Legislative referral: The legislature refers language for a statutory initiative or constitutional amendment directly to the ballot with a simple majority vote in both chambers.
• Citizen initiative: Citizens or organizations gather signatures to place a statutory initiative or constitutional amendment on the ballot. The measure becomes law if approved by a simple majority of voters.
• Citizen referendum: Citizens or organizations gather signatures to place a previously passed law on the ballot as a referendum. Voters then decide whether to uphold or overturn the law.

Bills, memorials and resolutions

Bills, memorials, and resolutions

Bills, memorials, and resolutions are all types of proposed legislation in Arizona. Bills are the most common type, as they are used to create, amend, or repeal laws. Memorials, on the other hand, are requests or proposals directed at named recipients, such as the United States Congress. They petition the recipient to act on an issue that is beyond the Arizona Legislature's jurisdiction and do not have the force of law. Resolutions are declarations or expressions of opinion, will, intent, or resolve in matters within the legislature's jurisdiction.

There are three types of resolutions: simple, concurrent, and joint. Simple resolutions are considered by one chamber and can express an opinion, appoint a committee, or commemorate the death of a prominent public figure. Concurrent resolutions are considered by both chambers and can provide for the submission of a referendum to voters or express regret at the death of a prominent public figure. Joint resolutions are temporary measures that have the force of law but cannot be used to amend the state or federal constitution. They must be considered by both chambers and signed by the governor.

Each type of proposed legislation is assigned a unique number, and they are numbered consecutively in the order they are introduced. For example, legislation proposed in the Senate is numbered starting with 1001, while legislation proposed in the House of Representatives is numbered starting with 2001.

Bills, memorials, and resolutions can be introduced by either chamber of the Arizona Legislature, and they are available to the public on the Arizona State Legislature website under the "Bill Info" section. The website provides access to bill status and summaries, floor calendars, committee agendas, committee reports, and hearing transcripts.

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