Understanding Arizona's Lawmaking Process

The process of a bill becoming a law in Arizona can be complex and lengthy. There are two ways for a bill to become a law in Arizona: through the traditional legislative process or via the ballot. The legislative process involves multiple steps, including the bill's introduction, readings, committee assignments, amendments, and votes in both chambers of the legislature, before it is sent to the governor for approval or veto. The ballot process, on the other hand, allows citizens to vote directly on initiatives and referendums, bypassing the legislature. Understanding the steps involved in each process is crucial for comprehending Arizona's law-making procedures.

The legislative process

Step 1: Idea Generation

The process begins with an idea, which can come from various sources, including citizens, community organizations, businesses, lobbyists, think tanks, special interest groups, the governor, lawmakers, or any other entity. Once an idea is formed, its proponent presents it to a legislator or group of legislators, either in draft form or as a concept. If a legislator agrees to sponsor the bill, they initiate the process by opening a bill folder with the Legislative Council. The Legislative Council reviews the bill, ensures it complies with the Arizona Legislative Bill Drafting Manual, and puts it into the proper format.

Step 2: Bill Filling

Only Arizona legislators can file bills. The bill's sponsor then files it with the Secretary (in the Senate) or the Chief Clerk (in the House), who assigns it a bill number. This number remains the same throughout the session.

Step 3: First Reading and Committee Assignment

The majority leadership assigns the bill for its "first reading" in its chamber of origin and then assigns it to a standing committee. Each bill must pass through at least one standing committee. The leadership can control the fate of a bill by assigning it to multiple committees or not assigning it to any standing committee at all.

Step 4: Committee Hearings

The committee chair decides whether and when to hear the bill. Most standing committees hold weekly hearings where the public can provide input through the online Request to Speak (RTS) system or in person. Bills must pass each committee with a simple majority vote, and amendments can be introduced by any lawmaker and must also pass with a simple majority vote. Some bills are assigned to multiple committees, and each chair has the power to kill a bill by refusing to hear it. After the committee hearings, the bill moves to the Rules Committee, which verifies its constitutionality and proper format.

Step 5: Party Discussion and Scheduling for Vote

Lawmakers in the chamber of origin divide by party to discuss the bill internally. This is not a voting process but an opportunity to reach a consensus. The majority leadership then decides whether and when to schedule the bill for a vote by the entire chamber. If any lawmaker wishes to debate or amend the bill further, it goes to the "Committee of the Whole," including all lawmakers in that chamber, who debate and propose amendments.

Step 6: Formal Floor Vote ("Third Read")

After the internal discussions and potential amendments, the bill receives a formal floor vote, also known as the "Third Read." This step follows the constitutionally mandated "Second Read," which is typically a formality involving reading the bill's short title on the floor of the chamber of origin.

Step 7: Chamber Crossover

If the bill passes the vote in its chamber of origin, it is sent to the other chamber, where it repeats steps 2 through 5. This process ensures that the bill is reviewed and discussed by both chambers.

Step 8: Legislative Passage

Once the bill has passed the crossover chamber, it is sent back to the chamber of origin, which then transmits it to the governor for signature or veto. If the bill is not amended in the crossover chamber, it goes directly to the governor. If amendments are made, the chamber of origin must vote on the amended version ("Final Read"). If the bill passes this final reading, it is transmitted to the governor. If it does not pass, a "conference committee" is appointed to resolve differences, and the amended bill is then sent to the governor.

Step 9: Governor's Decision

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 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 10 days after the session ends. If the governor vetoes the bill, the legislature can override the veto with a two-thirds majority vote.

Legislative history

The legislative history of a bill becoming a law in Arizona is a detailed and lengthy process. It can be broadly categorised into two methods: the traditional legislative process and via the ballot.

Traditional Legislative Process:

The traditional legislative process begins with an idea, which can come from anyone, such as citizens, community organisations, businesses, lobbyists, lawmakers, or even the governor. Once the idea is ready, it is presented to a legislator or a group of legislators, who then open a bill folder with the Legislative Council. The Legislative Council, with its nonpartisan staff, reviews the bill, formats it, and identifies the relevant statute. All draft legislation in Arizona must go through this process.

The bill is then filed with the Secretary, who assigns it a bill number. The bill is assigned to be "first read" in its chamber of origin and then allocated to a standing committee. The majority leadership can control the fate of the bill at this stage by assigning it to multiple committees or none at all. The bill must pass each committee with a simple majority vote, and any amendments must also be approved by a simple majority.

After the committee hearings, the bill is reviewed by the Rules Committee to ensure it is constitutional and properly formatted. The bill then goes through the "Second Read," which is constitutionally mandated and typically a formality.

The majority leadership decides whether to schedule the bill for a vote, and if any legislator wishes to debate or amend it, it goes to the "Committee of the Whole." After this, the bill receives a formal floor vote, or the "Third Read."

If the bill passes the originating chamber, it is sent to the other chamber to repeat the process from Step 2. Once it has passed the crossover chamber, it is sent back to the chamber of origin, which then sends it to the governor for signature or veto. If the bill is amended by the crossover chamber, the chamber of origin must vote on the amended version.

Legislative Passage and Governor's Desk:

The governor has the power to sign the bill into law, allow it to become law without a signature, or veto it. If signed, the bill becomes law 90 days after the legislative session ends. If the governor does not sign within five days during the session or ten days after, the bill can become law without their signature. A veto can be overridden by a two-thirds majority vote in the legislature.

Legislation at the Ballot:

The other method for a bill to become a law in Arizona is through direct democracy, where citizens can vote directly on legislation. This can be done through initiatives and referendums, also known as "ballot measures" or "propositions." Arizona's Constitution guarantees its citizens the right to bypass the legislature and create laws directly.

There are three ways for legislation to reach the ballot: legislative referral, citizen initiative, and citizen referendum. Legislative referral involves the legislature referring language for a statutory initiative or constitutional amendment directly to the ballot with a simple majority vote. Citizen initiative allows citizens or organisations to gather signatures to place a statutory initiative or constitutional amendment on the ballot. Citizen referendum enables citizens or organisations to gather signatures to place a previously passed law on the ballot for voters to uphold or overturn.

The legislative history of a bill becoming a law in Arizona involves a complex process with multiple stages and opportunities for the bill to be amended, debated, and voted on. It can become law through the traditional legislative process or via the ballot, showcasing the state's commitment to citizen participation in law-making.

The role of the Arizona State Legislature

The Arizona State Legislature plays a crucial role in the legislative process, overseeing the transformation of a bill into a law. The process begins with a bill, which can be proposed by various entities, including citizens, community organizations, businesses, lobbyists, lawmakers, or even the governor. However, only Arizona legislators can file these bills. The legislator must then present the idea or draft to another legislator or group of legislators for sponsorship.

Once a bill sponsor is secured, the bill is filed with the Secretary or Chief Clerk, who assigns it a bill number. This is followed by the first reading and committee assignment, where the majority leadership assigns the bill to its chamber of origin and a standing committee. The bill must pass through at least one standing committee, and the leadership can control the bill's fate by assigning or refusing to assign it to a committee.

The committee chair then decides whether and when to hear the bill. The public can participate in most standing committee hearings, either through an online system or in person. The bill must pass each committee with a simple majority vote, and amendments can be introduced by any lawmaker and must also pass with a simple majority.

After the committee hearings, the bill is reviewed by the Rules Committee, which ensures the bill's constitutionality and proper format. The bill then returns to the chamber of origin, where lawmakers discuss it separately by party. The majority leadership in this chamber decides whether and when to schedule a vote. If any lawmaker wishes to amend the bill, it goes to the "Committee of the Whole," which includes all lawmakers in that chamber, for debate and amendment approval. The bill then receives a formal floor vote, or "Third Read."

The legislative process is lengthy and intricate, with multiple opportunities for a bill to be amended, debated, or even killed. The Arizona State Legislature's role is essential in guiding a bill through this process, from its initial proposal to its final passage and transmission to the governor for signature or veto.

The Governor's role

The Governor plays a crucial role in the legislative process in Arizona. Firstly, the Governor can be the source of an idea that becomes a bill. This idea is then presented to a legislator or group of legislators, who will sponsor the bill for introduction.

Once a bill has passed both chambers of the legislature, it is sent to the Governor for signature or veto. If the Governor signs the bill, it becomes law 90 days after the end of the legislative session. Notably, 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 has ended.

On the other hand, if the Governor vetoes a bill, it is prevented from becoming law. However, the legislature has the power to override this veto with a two-thirds majority vote.

In addition to these direct roles, the Governor's message to the legislators at the start of the legislative session is included in the session laws published by the Secretary of State. Furthermore, veto messages written by the Governor are also part of the session laws.

Direct legislation

Initiatives

Initiatives are proposed changes to Arizona statutes or the Arizona Constitution that must be approved by Arizona voters. For an initiative to be placed on a ballot, a petition containing the text of the proposed measure and the signatures of Arizona registered voters totalling at least 10% of the number of votes cast in the most recent gubernatorial election (15% for constitutional amendments) must be filed with the Secretary of State at least four months before the general election. Once verified by county recorders and the Secretary of State, the measure is placed on the ballot. All registered Arizona voters then receive publicity pamphlets containing the text of the initiative, an impartial analysis provided by the Legislative Council, arguments for and against the proposal that have been submitted to the Secretary of State, and a fiscal impact statement. If an initiative wins the approval of a majority of voters, it becomes effective when the election results are proclaimed by the Governor.

Referenda

Referenda are attempts by voters to repeal legislation enacted in the most recent legislative session. Laws "immediately necessary for the preservation of the public peace, health, or safety, or for the support and maintenance of the departments of the state government and state institutions" are not subject to referenda. Proponents of referenda have 90 days after the adjournment of the session when the legislation was enacted to file petitions. The petition must have the signatures of Arizona registered voters totalling at least 5% of the votes cast in the last gubernatorial election. After the petition is successfully filed with the Secretary of State, the new legislation is stayed until the referendum is approved or disapproved by voters in the next general election. Referenda may also be submitted by the legislature to voters for their approval or disapproval of new legislation, and all Arizona constitutional amendments proposed by the legislature must be submitted to voters.

In 1998, by initiative, the Arizona Constitution was amended to declare that the Governor may not veto successful initiatives or referenda, and that successful initiatives or referenda may not be repealed or amended by the legislature unless the amendment furthers the purposes of the initiative or referendum and is approved by a 3/4 vote in each chamber.

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