Bill Amendment: AZ SB1260 | 2013 | Fifty-first Legislature 1st Regular
Bill Title: Elections; ballot measure petitions; amendments
Status: 2013-04-02 - House majority caucus: Do pass [SB1260 Detail]
Download: Arizona-2013-SB1260-SENATE_ADOPTED_AMENDMENT_Reagan_flr_amend_ref_Bill_adopted.html
Bill Number:
S.B. 1260
Reagan Floor Amendment
Reference to: printed bill
Amendment drafted by: Legislative Council – Marge Ray
FLOOR AMENDMENT EXPLANATION
The Reagan Floor Amendment does the following:
- Permits the Secretary of State to accept an application for initiative or referendum without an accompanying statement of organization or signed exemption statement if the statement of organization or signed exemption statement was previously filed for that initiative or referendum.
- Removes the provision prohibiting the Secretary of State from refusing to accept for filing a petition sheet for any reason other than those prescribed in statute, and transfers the provision to a city clerk, town clerk, county recorder or county officer in charge of elections who receives petitions for filing.
- Specifies that a citywide or townwide election does not include a special election, with regards to the basis for computing the number of qualified electors required to sign initiative and referendum petitions in cities and towns.
- Specifies that an ordinance, charter or amendment to the charter of a city or town proposed by an initiative petition shall be submitted by the city or town clerk to the voters at the next ensuing general election.
- Makes technical and conforming changes.
Fifty-first Legislature Reagan
First Regular Session S.B. 1260
REAGAN FLOOR AMENDMENT
SENATE AMENDMENTS TO S.B. 1260
(Reference to printed bill)
Page 1, line 21, strike "without an accompanying until after"
Line 22, strike "receiving the" insert "without an accompanying"
Line 23, after "subsection" insert "unless the statement of organization or signed exemption statement was previously filed for that INITIATIVE or referendum"
Line 32, strike "a stamped" insert "the time and date marked"
Page 2, line 17, after "to" strike remainder of line
Line 18, strike "committee's statement of organization or"
Strike lines 23 through 44
Strike pages 3, 4 and 5
Page 6, strike lines 1 through 8, insert:
"Sec. 3. Section 19-141, Arizona Revised Statutes, is amended to read:
19-141. Initiative and referendum in counties, cities and towns
A. The provisions of This chapter shall apply applies to the legislation of cities, towns and counties, except as specifically provided to the contrary in this article. The duties required of the secretary of state as to state legislation shall be performed in connection with such legislation by the city or town clerk, county officer in charge of elections or person performing the duties as such. The duties required of the governor shall be performed by the mayor or the chairman of the board of supervisors, the duties required of the attorney general shall be performed by the city, town or county attorney, and the printing and binding of measures and arguments shall be paid for by the city, town or county in like manner as payment is provided for by the state with respect to state legislation. The provisions of Section 19‑124 with respect to the legislative council analysis do does not apply in connection with initiatives and referenda in cities, towns and counties. The printing shall be done in the same manner as other municipal or county printing is done.
B. Distribution of pamphlets shall be made to every household containing a registered voter in the city, town or county, so far as possible, by the city or town clerk or by the county officer in charge of elections by mail before the earliest date for receipt by registered voters of any requested early ballot for the election at which the measures are to be voted on. If the pamphlet is not mailed before the earliest date for receipt of a requested early ballot, the officer in charge of elections shall provide a notice with the early ballots stating when the pamphlets will be mailed and where and when the pamphlets may be accessed or viewed. Pamphlets shall not be mailed or carried less than ten days before the election at which the measures are to be voted upon.
C. Arguments supporting or opposing municipal or county initiative and referendum measures shall be filed with the city or town clerk or the county officer in charge of elections not less than ninety days before the election at which they are to be voted upon.
D. The procedure with respect to municipal and county legislation shall be as nearly as practicable the same as the procedure relating to initiative and referendum provided for the state at large, except the procedure for verifying signatures on initiative or referendum petitions may be established by a city or town by charter or ordinance.
E. The city or town clerk or the county recorder or county officer in charge of elections who receives petitions for filing shall not remove or otherwise refuse to accept for filing a petition, a petition sheet or a signature for any REASON other than those prescribed in section 19-121.01.
E. F. References in this section to duties to be performed by city or town officers apply only with respect to municipal legislation, and references to duties to be performed by county officers apply only with respect to county legislation.
F. G. The duties required of the county recorder with respect to state legislation shall also be performed by the county recorder with respect to municipal or county legislation.
Sec. 4. Section 19-142, Arizona Revised Statutes, is amended to read:
19-142. Referendum petitions against municipal actions; emergency measures; zoning actions
A. The whole number of votes cast at the citywide or townwide election at which a mayor or councilmen were chosen last preceding the submission of the application for a referendum petition against an ordinance, franchise or resolution shall be the basis on which the number of electors of the city or town required to file a referendum petition shall be computed. For the purposes of this section, a citywide or townwide election is an election, other than a special election, at which all of the qualified electors of a city or town who are eligible to vote are voting for a the office of mayor, or, if the mayor is not directly elected by the qualified electors of that city or town, are voting for members of the city or town council. The petition shall be filed with the city or town clerk within thirty days after passage of the ordinance, resolution or franchise.
B. A city or town ordinance, resolution or franchise shall not become operative until thirty days after its passage by the council and approval by the mayor, unless it is passed over the mayor's veto, and then it shall not become operative until thirty days after final approval and until certification by the clerk of the city or town of the minutes of the meeting at which the action was taken, except emergency measures necessary for the immediate preservation of the peace, health or safety of the city or town. An emergency measure shall not become immediately operative unless it states in a separate section the reason why it is necessary that it should become immediately operative, and unless it is approved by the affirmative vote of three‑fourths of all the members elected to the city or town council, taken by ayes and noes, and also approved by the mayor.
C. At the time a person or organization intending to file a referendum petition against an ordinance or resolution applies for the issuance of an official number pursuant to section 19‑111, the city or town clerk shall provide such person or organization with a full and correct copy of the ordinance or resolution in the form as finally adopted. If the copy of the ordinance or resolution proposed as a referendum is not available to such person or organization at the time of making application for an official number or on the same business day as the application is submitted, the thirty‑day period prescribed in subsection A of this section begins on the day that the ordinance or resolution is available from the city or town clerk, and the ordinance or resolution shall not become operative until thirty days after the ordinance or resolution is available.
D. Notwithstanding subsection C of this section, a person or organization may file a referendum petition against the rezoning of a parcel of property on the approval by the city or town council of the ordinance that adopts the rezoning or on the approval of that portion of the minutes of the city or town council that includes the council's approval of the rezoning, whichever occurs first. The thirty day period prescribed in subsection A of this section begins on the day that the rezoning ordinance or approved minutes or portion of the approved minutes are available from the city or town clerk and the ordinance is not operative until thirty days after the ordinance or minutes are available."
Page 6, line 18, after "election" insert ", other than a special election,"
Line 26, after "ensuing" insert "general"
Amend title to conform
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1260FLRMR.doc
02/11/2013
9:46 AM
C: MYR
