PREFILED    DEC 19 2011

REFERENCE TITLE: initiatives; referendum measures; periodic reauthorization

State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012

HCR 2005

Introduced by Representatives Crandell, Barton, Fillmore, Ugenti: Senator Allen

 

A CONCURRENT RESOLUTION

 

Proposing an amendment to the constitution of Arizona; amending article IV, part 1, Constitution of Arizona, by adding section 3; relating to statewide initiatives and referendum measures.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:

1.  Article IV, part 1, Constitution of Arizona, is proposed to be amended by adding section 3 as follows if approved by the voters and on proclamation of the Governor:

3.  Initiative and referendum measures; reauthorization requirement

Section 3.  A.  If a statewide initiative or referendum measure creates a fund for public monies, dedicates public monies to a specific purpose or otherwise affects state general fund revenues or expenditures, that initiative or referendum measure is valid only for the remaining portion of the fiscal year in which the measure was enacted and the six following fiscal years.  After five full fiscal years, a reauthorization measure shall be referred to a vote of the qualified electors at the next general election for reauthorization for another six years if approved by a majority of the votes cast on the measure.

B.  This section applies retroactively to all ballot measures from statewide initiative and referendum measures approved on or after November 3, 1998 that create funds for public monies, dedicate public monies to a specific purpose or otherwise affect state general fund revenues or expenditures. All statewide initiative and referendum measures that are affected retroactively by this subsection must be referred to a vote of the qualified electors for initial reauthorization according to the following schedule:

1.  Initiative and referendum measures enacted into law in 1998 through 2008 must be referred for initial reauthorization at the general election held in 2014.

2.  Initiative and referendum measures enacted into law in 2010 and 2012 must be referred for initial reauthorization at the general election held in 2016 or 2018, respectively.

C.  The legislature shall provide for a financial and performance audit and analysis and policy evaluation of each initiative and referendum measure in the year before a reauthorization vote takes place under this section.  The policy evaluation shall include a recommendation by the legislature on whether the qualified electors should reauthorize the measure.  These materials and recommendations shall be made available at least sixty days before the date of the election to each household in which a qualified elector resides.

D.  This section applies to all affected initiative and referendum measures regardless of whether the initiative or referendum included provisions in the constitution or statutes.

2.  The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.