ARIZONA LEGISLATIVE MANUAL

1998 EDITION

Arizona Legislative Council Phoenix, Arizona Copyright c 1998

Arizona Legislative Council Suite 100, Legislative Services Wing State Capitol Phoenix, Arizona 85007 www.azleg.state.az.us

Editor David M. Thomas Deputy Director Arizona Legislative Council

Front Cover: Winged Victory on dome of Arizona State Capitol. All photos courtesy of research division, Arizona Department of Library, Archives and Public Records, Phoenix. Preface

The Arizona Legislative Manual is the product of several members of the Arizona Legislative Council staff with the helpful input and support of several other members of the Legislature and the legislative staff. These current and former legislators and staff of the Senate and House of Representatives have taken an active role in reviewing and providing helpful comments, suggestions and directions. Moreover, many organizational ideas and features were inspired by the published works of others, notably The Arizona Legislature by Professor Charles W. Wiggins, Ph.D. (1974); From Idea To Bill To Law by State Senator Randall Gnant (2nd ed., 1996); Mason’s Manual of Legislative Procedure (1989), the “Guide To The 43rd Legislature” published by Arizona News Service and handbooks and manuals generously contributed by the legislatures of many other states.

This manual reflects the common use of various terms in the legislative environment that may occasionally cause confusion for the uninitiated reader. The words “chamber” and “floor” are used interchangeably to refer to the area (or arena) in the Senate and the House of Representatives where the membership of the entire body meets for debate. “Chamber,” “body” and “house” are also used to refer to either the Senate or House of Representatives as an institution (including the physical facility, the membership and the staff), and if “house” is not capitalized, that is the intended usage, but if “House” is capitalized, it is an abbreviated reference to only the House of Representatives.

People who work in and closely with the Legislature usually refer to the measures being considered collectively as “bills.” This is inaccurate and incomplete because resolutions and memorials are also introduced and considered by the Legislature along with bills. This manual attempts to use terms such as “measures” or “legislation” for generic reference to the items under consideration by the Legislature and use “bill,” “resolution” and “memorial” only when discussing the unique features of those individual types of legislation. Nevertheless, there may be occasional occurrences of the use of “bill” in a general, rather than the specific, sense, and the reader must read those uses in context to understand the accurate meaning.

This manual reflects the fact that there is no official legislative protocol in Arizona regarding the use of “chairman,” “chairperson” and “chair” in reference to the presiding member of a legislative committee. All of these words are in contemporary and accepted use in the Arizona Legislature without any intended or understood gender exclusivity or political correctness or incorrectness.

The Arizona State Senate and House of Representatives have equal status in the Legislature. This manual does not use the terms “upper house” or “lower house” because they are inaccurate and carry an incorrect connotation of superiority and inferiority. Nor is there any implied priority in listing “Senate” or “House of Representatives” first in a sentence. The only time such an order may be significant is if there is some chronological order in a particular legislative process. If there is any such instance, the procedural order will be noted in the text.

Finally, this manual is not intended and should not be read to be an official statement or description of the rules, procedure or policy of the Arizona Legislature. It is not an “official” legislative document. Instead, it is a narrative of what the Legislature is and what goes on in the Legislature and restates in its own words the actual requirements and practices that are prescribed by the constitution, laws and rules for the Arizona Legislature. Table of Contents

Chapter Page

One The Legislative Function ...... 1 The Legislature...... 1 Direct Citizen Legislation ...... 2 Initiative ...... 3 Referendum ...... 3 Amendment, Repeal or Veto of Initiated or Referred Measures4

Two The Arizona Legislature ...... 5 History of the Arizona Legislature ...... 5 Territorial Arizona ...... 5 The Enabling Act and Constitutional Convention of 1910 ...... 6 Early Arizona Legislature ...... 7 Constitutional Principles Regarding the Legislature ...... 8 Size and Apportionment ...... 8 Membership ...... 9 Qualifications...... 9 Elections ...... 9 Term Limits...... 9 Vacancies ...... 9 Leadership ...... 10 President of the Senate and Speaker of the House of Representatives...... 10 Majority and Minority Leaders ...... 11 Majority and Minority Whips ...... 11 President Pro Tempore and Speaker Pro Tempore...... 11 Parliamentarian ...... 12 Standing Committee Chairmen and Vice-Chairmen ...... 12 The Committee System ...... 12 Standing Committees ...... 12 Subcommittees ...... 13 Joint Statutory Committees ...... 13 Interim Committees ...... 13 Political Party Caucuses ...... 14 Staff ...... 14 Secretary of the Senate ...... 15 Chief Clerk of the House ...... 15 Research Staff...... 15 Rules Committee Staff ...... 16 Committee Secretaries ...... 16 Majority and Minority Staff ...... 16 Members’ Assistants and Secretaries ...... 16 Accounting Staff ...... 17

i Chapter Page

Sergeant at Arms ...... 17 Pages ...... 17 Other Staff...... 17 Legislative Agency Staff ...... 17 Lobbyists ...... 17 Press...... 18

Three Legislative Finances...... 21 Legislative Budget ...... 21 Legislator Compensation ...... 21 Salary ...... 21 Per Diem and Other Expense Allowances ...... 22 Retirement and Other Employment Benefits ...... 23

Four Legislative Powers, Privileges and Responsibilities ...... 25 Legislative Immunity ...... 25 Limitations on Legislative Power ...... 26 Crimes Against the Legislature ...... 26 Legislative Discipline ...... 26 Reporting Campaign Finances ...... 27 Reporting Personal Finances ...... 27

Five Legislative Procedure ...... 29 Parliamentary Procedure in the Senate and the House of Representatives ...... 29 Senate Procedure ...... 29 House of Representatives Procedure ...... 30

Six The Legislature in Operation...... 33 Sessions: Organization of the Legislature ...... 33 Drafting...... 34 Bills...... 35 Resolutions ...... 35 Memorials...... 35 Fiscal Notes ...... 36 Introductions...... 36 First and Second Reading ...... 36 Committee Action ...... 37 Notice and Agendas ...... 37 Hearing ...... 38 Subcommittees ...... 39 Amendments...... 39 Appropriations Committees ...... 40 Rules Committees ...... 40

ii Chapter Page

Caucus...... 40 Calendars...... 41 Committee of the Whole...... 42 Floor Debate...... 42 Floor Amendments...... 43 Engrossing...... 43 Third Reading...... 44 Second House Consideration...... 44 Concur, Refuse, Conference Committees...... 45 Final Passage and Transmission to Governor or Secretary of State...... 46 Gubernatorial Action...... 46 Effective Date...... 47 Example...... 49

Seven The State Budget Process...... 51

Eight Legislative Oversight...... 55 Sunset Review of State Agencies and Programs...... 55 Administrative Rules Oversight Committee...... 56 Senate Advise and Consent on Gubernatorial Appointments...... 56

Nine Impeachment...... 57 Investigation and Indictment by House of Representatives...... 57 Trial by Senate...... 58 Historical Perspective...... 59

Ten Legislative Service Agencies...... 61 Legislative Council...... 61 Joint Legislative Budget Committee...... 62 Department of Library, Archives and Public Records...... 62 Office of the Auditor General...... 63 Ombudsman-Citizens’ Aide...... 63 Ombudsman for Private Property Rights...... 64

Eleven Legislative Constituent Services...... 65 ALIS On-line...... 65 Information Desks...... 65 AZNet...... 65

Twelve Glossary of Legislative Terms...... 67

Addendum to Legislative Manual...... 85

iii Chapter One The Legislative Function

he Legislature is a complex institution delegated the legislative power to the state with traditions rooted in Colonial government. The Constitution of Arizona TAmerican and European experience, but provides: it is also a contemporary institution in which politicians with strong personalities and political The legislative authority of the State shall be philosophies deal with current problems, vested in a Legislature, consisting of a Senate interests and strategies in a way that easily and a House of Representatives, but the people overwhelms a casual observer. The Legislature reserve the power to propose laws and touches the life of every person in this state. With amendments to the Constitution and to enact such power focused in a complex organization or reject such laws and amendments at the following esoteric processes, it is easy for the polls, independently of the Legislature; and they ordinary citizen to become frustrated and also reserve, for use at their own option, the distrustful of government that, in the final power to approve or reject at the polls any Act, analysis, exists solely to benefit the public. This or item, section, or part of any Act, of the manual is devoted to describing the Arizona Legislature. (Article IV, part 1, section 1.) Legislature and what it does so that interested citizens and new lawmakers can better understand how their Legislature operates and The Legislature can be more effective in participating in the legislative process. The Legislature is a permanent organization established to enact state laws and perform other duties The American system of government that are appropriate to the legislative branch of recognizes three broad functions properly government. The lawmaking function is certainly its assigned by the public to its representatives. most visible activity, performed annually in formal These functions are reflected in the separate regular and special sessions. The Legislature is branches of government traditional in the United organized specifically to enable it to deliberate issues States: The legislative or lawmaking function, the of public concern and resolve problem areas and executive or administrative function and the conflicts among competing proposals and interested judicial or adjudicatory function. parties. The system of committees and multiple stages and forums for hearings and debate are designed to In Arizona, the people only partially provide the opportunity for a thorough consideration

KMIi mk The Legislative Function 1 of proposals before they can affect the public as new of that document to the state legislatures. No laws, as changed or amended laws or as repealed laws. other branch of state government is involved in amending the State or United States Constitutions Aside from lawmaking, however, the other than in a purely functionary capacity. Legislature performs several additional important functions that allow state government to operate From the perspective of the ordinary taxpayer in a normal productive manner. In a pure or the operation of state government appears to be direct democratic political system laws would extremely expensive, and the Legislature is given be made by the mass citizenry, but because of the daunting challenge of budgeting those practical problems with having all citizens expenses and determining the financial priorities participate in making complex and time- among numerous competing worthy programs consuming determinations, citizens elect their and agencies. Monitoring the collection of state representative legislators to make policy revenues, allocating them and accounting for decisions. To ensure that their representatives their use is a full-time process and occupies a adequately reflect the views of at least a majority major portion of the time and effort of the of the citizens, the State Constitution requires Legislature. the Legislature to provide for a system of conducting elections to select major federal, state The Legislature engages in several activities and local officials, and to revise congressional to oversee and supervise the operation of state and legislative electoral boundaries every ten government, again in an effort to ensure that the years in the reapportionment process. state’s assets are properly and wisely used for the benefit of the public and to avoid burdening Arizona voters hold their legislators the public with cumbersome and unnecessary accountable through biennial elections. In government intrusion. State agencies and addition, although seldom considered, the programs are subject to periodic audits and Arizona Constitution also allows the citizens to reviews and must prove to be justified or face recall their legislators and vote them out of office automatic termination. Increased legislative before their elected term of office expires. review and supervision over administrative rules Arizona legislators are thus highly accountable and programs has been a notable trend in recent for their performance in office, and one of the years. Additionally, the Senate has the power to major concerns in the Legislature is service to consent to or reject the appointment of certain constituents, whether it constitutes promotion executive branch officials and thus exercises or support for local causes, acting as significant influence over the personnel and intermediaries for citizens with government governing philosophy of the people administering agencies or providing citizens with information the laws. or guidance in dealing with the government. The ultimate oversight of elected officials is The Legislature shares with the citizens the the power of involuntary removal from office for power to propose changes to the State breach of their responsibilities and the public Constitution, the state’s fundamental political trust. The Legislature is given the exclusive document. Since statehood, the Legislature has power of impeachment over elected executive proposed a substantial number of amendments officers and judges, and the Legislature may to the State Constitution and has been successful police its own elected members and expel them in getting them ratified by the electorate in a from office in the case of serious misconduct. majority of cases.

The United States Constitution delegates Direct Citizen Legislation responsibility for ratifying proposed amendments

KMIi mk 2 Arizona Legislative Manual While the Constitution gives the Legislature the power to enact laws, it also reserves to the An initiated measure becomes effective after people the power to initiate laws and its approval by a majority of the voters who cast constitutional amendments and to approve or votes on the measure and on proclamation of disapprove laws passed by the Legislature. the election results by the Governor. Initiative Referendum

Under the initiative power, Arizona voters The referendum power allows the people to can suggest changes to the State Constitution or voice their approval or disapproval of laws or statutes by filing with the Secretary of State’s office parts of laws passed by the Legislature. To allow a petition that sets forth the title and full text of the referendum process to occur, the the proposed measure. Constitution provides that acts passed by the Legislature do not go into effect for 90 days after Initiative petitions must be filed with the the close of the legislative session. Certain laws, Secretary of State at least four months before the such as those that require earlier operation to general election at which the measure will be preserve the public peace, health or safety or voted on. A number of registered voters equal those that provide for the support and to at least ten percent of the total number of votes maintenance of state agencies, are not subject cast for all candidates for the office of Governor to the referendum power and take effect at the preceding general election must sign a immediately. petition to propose a statutory change. For a constitutional amendment, at least 15 percent A number of registered voters equal to at least of such electors must sign the petition for the five percent of the total number of votes cast for measure to qualify for placement on the ballot. all candidates for the office of Governor at the If an initiative petition contains a sufficient preceding general election must sign a number of valid signatures, the measure is referendum petition. The requirements that submitted to the voters for their approval or apply to referendum petition circulators are the disapproval at the next general election. same as those that apply to initiative petition circulators. Completed petitions must be filed Persons who gather signatures on initiative with the Secretary of State no later than 90 days petitions must be residents of Arizona and must after the adjournment of the session of the be qualified to vote in the election in which the Legislature that passed the measure being initiative will appear. After petition circulators referred. submit their completed signature sheets to the Secretary of State’s office, the Secretary of State If a referendum petition has been filed with and the county recorders undertake a verification what appears to be an adequate number of valid process to ensure that the sheets contain the signatures, the law that is the subject of the requisite number of valid signatures. referendum does not go into effect until after the voters have approved the law at the next general The Secretary of State then publishes and election. A law that has been referred and is not mails to all registered voters a publicity pamphlet approved by the voters does not go into effect that contains the text of each initiated and unless the Legislature or the people take action referred measure, arguments advocating or to enact the law at a later date. The filing of a opposing the measures that have been submitted referendum petition against part of a law does to the Secretary of State and an impartial analysis not prevent the remainder of that law from of the provisions of each measure prepared by becoming operative. the Legislative Council.

KMIi mk The Legislative Function 3 The Legislature itself may refer statutes to the voters for their approval or rejection. This is most often done when a measure is particularly controversial and the Legislature wants to allow the people to vote directly on the matter, when the matter at issue has been the subject of previous voter-initiated measures or to bypass a Governor who would veto the measure. These measures go before the voters for approval or disapproval at the next general election. In addition, all constitutional changes approved by the Legislature must be submitted to a vote of the people. Constitutional amendments referred by the Legislature may appear on the ballot either at the next general election or at a special election called by the Legislature for this purpose.

As with initiated measures, referred measures, whether they appear on the ballot as a result of citizen petitions or are referred directly by the Legislature, become law when approved by a majority of those voting on the measure and on proclamation of the election results by the Governor. Amendment, Repeal or Veto of Initiated or Referred Measures

If either an initiative or referendum is approved by a majority of all persons qualified to vote on the measure (rather than just a majority of those actually voting on it), the Governor’s veto power does not extend to the measure. The power of the Legislature to amend or repeal laws also does not extend to initiative or referendum measures approved by a majority of all qualified voters. Accordingly, if a majority of all qualified voters were to vote for a ballot measure, the Legislature theoretically could not repeal or amend the measure immediately following the election or at any time in the future. However, of all the initiative and referendum measures voted upon since statehood, none has received a majority vote of all qualified voters.

KMIi mk 4 Arizona Legislative Manual Chapter Two The Arizona Legislature

History of the Although officially part of the New Mexico Territory, the territory’s western residents in Arizona Legislature Arizona felt distanced both geographically and culturally from the territorial capital of Santa Fe. very state in the nation has a distinct Numerous bills were introduced in Congress in history regarding its formation as a state the 1850’s seeking to grant Arizona territorial and as a government. Arizona’s early E status, but to no avail. The primary opposition settlers, in conquering the harsh and unforgiving to an Arizona Territory was the area’s low environment of the state’s frontier, necessarily population; according to the 1860 census, fewer possessed courage, determination and not a small than 2,500 non-Indians resided there. amount of independence—attributes that would Interestingly, Confederate President Jefferson impact greatly on the future state’s system of Davis designated Arizona as a Confederate government. territory on February 14, 1862—50 years to the Territorial Arizona day before Arizona became a state. Faced with evidence of Arizona’s mineral The history of Arizona, as a part of the United wealth, however, the opposition in Congress States, began officially in 1850 when Congress eventually relented and in 1863 President formed the New Mexico Territory consisting of Abraham Lincoln signed the Arizona Organic the land that is now Arizona north of the Gila Act creating the Territory of Arizona. The River, along with what is now New Mexico, parts following year, in September 1864, the First of Colorado and Nevada. Mexico ceded these and Territorial Legislature convened in Prescott, the other western lands to the United States for $15 territory’s capital at the time. The capital moved million under the 1848 Treaty of Guadalupe from Prescott to Tucson and back to Prescott Hidalgo at the conclusion of the Mexican- again before being permanently established in American War. In 1853, the United States paid Phoenix in 1889. an additional $10 million to Mexico under the Gadsden Purchase agreement to add to the New While the early territorial legislatures may Mexico Territory nearly 30,000 square miles of have, in the words of historian John R. Murdock, land south of the Gila River in Arizona, forming “lacked the dignity of older lawmaking bodies,” the state’s current boundary with Mexico.

KMIi mk The Arizona Legislature 5 they nevertheless exhibited a progressive bent radical. It would be another 19 years before as evidenced by their generous appropriations federal legislation was passed allowing the for education, support for roads and railroads citizens of Arizona to form their own and opposition to any kind of slavery in the newly government. created region. The early territorial legislatures busied themselves with creating counties, The Enabling Act and expending funds and dealing with unfriendly Constitutional Convention of 1910 Indians. They also performed some unusual functions, including the granting of divorces and On June 20, 1910, President William Howard the changing of names of individuals. Special Taft signed the Enabling Act, allowing the legislation of this nature would later be expressly Arizona Territory (as well as the New Mexico prohibited by the State Constitution. Territory) to hold a constitutional convention. This act did not admit Arizona as a state but Arizona enjoyed certain benefits as a result rather conditioned statehood on the ability of of its territorial status. Congress paid all costs of its citizens to adopt a constitution that would the territorial government. The territory’s meet with presidential approval. citizens were well-treated by the federal government and enjoyed the civil liberties In September 1910, territorial voters elected guaranteed by the United States Constitution. 52 delegates—41 Democrats and 11 Republicans—to attend the convention and Nonetheless, the Arizona Territory was frame the new constitution. The delegates subject to Congressional control, and as such, convened in Phoenix at the territorial capitol on laws passed by the territorial legislature could October 10, 1910 and formed 21 committees to be stricken by Congress. Territorial officials, consider and draft various constitutional including the Governor, were federally appointed, provisions. which meant they were often of a different political party than the majority of the territory’s While it is impossible to know the source of residents of the time. Congress controlled every provision of the Arizona Constitution, it is territorial finances and could readjust territorial clear that the constitution adopted by the borders, as it did by ceding Arizona’s former Pah- convention was, in the words of historian John Ute County to Nevada. Finally, territorial R. Murdock, “in the forefront in every residents could not vote for President, nor could progressive notion of the hour.” With the the territory’s delegate vote in Congress. progressives in control of the convention, several measures that were considered liberal at the time The territory’s citizens began to determinedly won approval, including those providing for pursue statehood and the greater degree of self- initiative, referendum and recall, secret ballots, government it would allow them. This goal met voter registration, direct primary elections and with great resistance, however, as the perception a strong State Tax Commission and State of Arizona among many in Washington, D.C. was Corporation Commission. The new constitution that of a lawless, feuding, undeveloped desert also provided generously for public education and populated by too few white settlers, too many contained several wage and hour protections for hostile Indians and too many Democrat residents laborers. Although convention delegates rejected to suit the Republicans controlling Congress at constitutional provisions for prohibition and the time. A constitutional convention, held in women’s suffrage, voters added both within three September 1891, resulted in a constitution that years of statehood. was approved by Arizona’s residents but ignored by Congress, which considered it to be too The Constitution’s provisions were not

KMIi mk 6 Arizona Legislative Manual established without a great deal of dissent among 1950, when the Constitution was amended to delegates, however. While delegates split over provide for annual legislative sessions. many issues, none were so divisive as initiative, referendum and recall. The two direct legislation Pursuant to the Constitution, the state’s first provisions—initiative and referendum—were Legislature had 19 senators, with five of the 14 gaining a great deal of popularity throughout the counties having two each, and 35 representatives western part of the country at the time and, while in the House. Legislators earned seven dollars a most Democrats supported these provisions, day for their service. The membership changed Republicans—including those in Washington in 1918 when the Constitution was amended to who would ultimately approve or disapprove provide for the creation of legislative districts Arizona’s constitution—generally opposed them. within each county. This section was subsequently amended a number of times and Conservatives feared—justifiably, as it turned the current system provides for one senator and out—that statehood for Arizona would be two representatives from each of the state’s 30 threatened if the convention formed too radical legislative districts. a constitution. The convention delegates adopted the Constitution of Arizona on December 9, The first State Legislature convened on March 1910, 60 days after they convened, by a vote of 18, 1912. In the opening days of session, the 40 to 12. All but one Democrat signed the new Senate established 24 standing committees and document, and only one Republican did so. the House established 25. Session was limited Territorial voters ratified the new Constitution by law to 60 days, but after the initial session’s by a wide margin on February 9, 1911. allotted time expired, the new Legislature still had much work to complete. Therefore, a special Citing objection to the provision allowing session was called immediately after the recall of judges, President Taft vetoed the conclusion of the regular session to continue the Congressional resolution approving Arizona’s work of establishing the new state government. Constitution. To achieve statehood, Arizona eliminated the offending provision and was The Constitutional Convention of 1910 admitted as the nation’s 48th state on February framed a document that gave the office of 14, 1912. Arizona voters, exerting their Governor largely ceremonial duties. The new independent streak from the start, promptly Constitution, for example, gave the Governor few reinstated the judicial recall provision in their executive appointive powers, instead providing Constitution within months after statehood was for several separately elected executive officials. secured. The Constitution further called for certain independent commissions that were exempt from With the battle for statehood won and the control by the Governor. Constitution approved, Arizona’s citizens began the task of forming a new state government. The reasoning for the initial restraint on executive authority dated back to territorial days. Early Arizona Legislature Congress’ appointment of Republican officials in the heavily Democratic Arizona Territory created Arizona’s Legislative Department is governed great resentment toward the appointees, which by Article IV of the Arizona Constitution, which at the time included the Governor. Although established the Legislature as a bicameral body subsequent changes to Arizona’s Constitution with a Senate and a House of Representatives. eventually expanded executive branch powers, The Legislature met on a biennial basis until the framers clearly and intentionally gave the

KMIi mk The Arizona Legislature 7 executive office little authority, preferring instead for example, in the Governor’s ability to restrain to concentrate the bulk of powers closest to the legislative power by vetoing a bill passed by the state’s citizens—with their Legislature. Legislature. The Legislature may impact on judicial power by increasing or decreasing the Constitutional Principles number of Justices on the Supreme Court or by Regarding the Legislature establishing intermediate appellate courts. The House of Representatives has the sole power of Separation of Powers impeachment over the Governor, and impeached officials are tried by the Senate. The Supreme Article III of the Arizona Constitution Court may restrain legislative authority by (Distribution of Powers) provides for three determining that a law passed by the Legislature separate and distinct departments of violates the Constitution and declaring it government—the legislative, which is unconstitutional. empowered to determine policy and make laws; the executive, which carries out the laws; and the judicial, which is charged with interpreting Size and Apportionment the laws and adjudicating disputes under the laws. While the United States Constitution and Beginning with the 28th Legislature in 1967, some other state Constitutions have an implied Arizona’s Legislature has been composed of 30 separation of the three branches, the framers of Senators and 60 members of the House of Arizona’s Constitution expressly set forth the Representatives, for a total membership of 90. powers and limitations of each branch. The members are apportioned among 30 legislative districts. The districts for the Senate The establishment of three coequal branches are identical to the districts for the House, so is a principle known as the “separation of that each district elects one Senator and two powers,” one that is fundamental to our Representatives. constitutional form of government. Separation of powers means that one branch cannot The Constitution of Arizona provides that the encroach on the functions that belong to the legislative districts are “established by the other two branches. Further, it requires that Legislature,” which means that the Legislature those who make the law be different from those passes a bill to establish the district lines. The who execute and interpret it. district lines are described in A.R.S. section 16- 1102, using United States Census Bureau Checks and Balances designations for the specific areas that comprise each district. Under federal law, the legislative Related to separation of powers is the concept districts are drawn to be equal in population, of “checks and balances.” This means that and are redrawn every ten years, immediately governmental authority among the three after the United States census. Additionally, branches is arranged so that one branch is Arizona’s state redistricting process is subject to empowered to keep in check, or to balance, the Section 5 of the Voting Rights Act, a federal law powers of the other two branches. This system that requires “preclearance” by the United States of checks and balances prevents power from Department of Justice of any changes to the becoming concentrated in a single branch of Legislature’s district lines or to the state’s voting government by authorizing each branch to “restrain” the others in express ways.

The principle of checks and balances is seen,

KMIi mk 8 Arizona Legislative Manual practices or procedures. The current legislative Candidates are nominated by voters who are district lines were subject to this review process. registered with their political party at primary On completion of the next decennial census in elections held during the first part of September. 2000, Arizona’s legislative district lines will be The names of candidates nominated at primary due for revision to reflect the continuing changes elections as well as the names of independent in Arizona’s population. candidates who have formally qualified to run for legislative office but who do not belong to a political party appear on the ballot for the general Membership election. The general election is held on the first Tuesday after the first Monday in November. Qualifications Once elected, a legislator has the right to The State Constitution requires that members remain in office during good behavior. In the case of the Senate and the House of Representatives of misconduct, however, either legal or political, be at least 25 years old at the time they take a legislator may be removed from office, either office. Additionally, each Representative and by the other members of the body in which the Senator must be a resident of the state for the legislator serves or by the voters of the legislator’s three years immediately preceding the person’s district through the recall process. election and a resident of the county from which the person is elected for at least one year Arizona has a “resign-to-run” statute that immediately before election.1 Under the requires a legislator who is not in the last year of Constitution, each house judges the qualifications office to resign from legislative service before of its own members. becoming a candidate for any other public office. A state legislator may run for another public Like all public officers, members of the office without resigning during the final year of Legislature must be qualified electors. the person’s term as a legislator. Accordingly, they may not be under guardianship or otherwise legally incapacitated and must not Term Limits have been convicted of treason or a felony, unless their right to vote has been restored. In 1992, Arizona voters amended the State Constitution to impose term limits on state In general, the State Constitution prohibits legislators. Currently, both Senators and federal, state and local officeholders from serving Representatives may serve only four consecutive in the Legislature. Specific exemptions exist for terms in their offices. No legislator who has justices of the peace, federal commissioners, served four consecutive terms (including any part notaries public and school trustees. Additionally, of a term) may serve in that same office again no legislator may be employed by the state or until the person has been out of that office for at any county, city or town. This prohibition does least one full term. Only terms beginning on or not extend to public school teachers. after January 1, 1993 are counted. Elections Vacancies

All legislators are elected for two-year terms. State law provides that if a vacancy occurs in Elections are held in even-numbered years. the Legislature due to the death or resignation of a legislator or some other reason causing an 1Although legislators are no longer elected “from” counties, inability to serve, the Board of Supervisors of the the county residency requirement remains in the Constitution (Art. county in which the legislator’s district is located IV, part 2, sec. 2).

KMIi mk The Arizona Legislature 9 appoints another person to fill the office. The Senate nominate the President and the majority appointee must meet all of the constitutional party members of the House nominate the requirements for legislative service and must Speaker at presession organizational caucuses, belong to the same political party and reside in usually held shortly after the November general the same district as the person who filled the election. Caucus members must decide on rules office immediately before the vacancy. The Board to govern the nomination process. Voting may of Supervisors must make this appointment be open or by secret ballot. Candidates for within ten days after the office becomes vacant. President or Speaker may run individually or may A person appointed to fill a vacancy holds office run as part of a slate with other legislators-elect for the remainder of the unexpired term. who are seeking the position of Majority Leader or Majority Whip. While the majority caucus If the legislative district of the legislator nominates the President and the Speaker, each creating the vacancy is not entirely within one must be elected by a majority of the entire body county, the Board of Supervisors of the county of at the beginning of each legislative session. residence of the vacating legislator fills the Traditionally, the person nominated by the vacancy. majority caucus to serve as President or Speaker is elected by the entire chamber. However, any The procedure described above also applies member, including members of the minority when a vacancy occurs after the election of a party, can be nominated to serve as President or legislator but before the person has actually Speaker when this vote takes place. taken the oath of office. However, if a vacancy occurs due to the death, mental incapacity or Senate and House Rules prescribe many of voluntary withdrawal of a legislative candidate the powers of the presiding officers. These after the deadline has passed for persons to file powers include the right to appoint committee candidate petitions but before the primary or chairmen and vice-chairmen and to assign both general election, the precinct chairman of the majority and minority legislators to statutory, prior candidate’s political party in the legislative standing and interim committees. Additionally, district where the candidate was running the President and Speaker designate seating nominates a new candidate to represent the party assignments on the floor and allocate office and in the upcoming election. parking spaces to all members of their chamber. They must approve all debts incurred by their respective house. The President and Speaker also Leadership make decisions regarding employment and compensation of legislative personnel and other President of the Senate and matters relating to the general administration of Speaker of the House of the institution. While it is not required, the presiding officer may consult with other Representatives members of majority leadership in making these decisions. The President of the Senate and the Speaker of the House of Representatives are the only As presiding officers, the President and legislative leadership positions mandated by state Speaker are responsible for referring bills to the law. However, both the State Constitution and appropriate committees, setting the agenda for statutes leave to the Legislature the method of floor action, calling the body to order and selecting these officers and the powers and duties maintaining decorum during floor sessions. The they possess once elected. President or Speaker recognizes members who Traditionally, majority party members of the

KMIi mk 10 Arizona Legislative Manual wish to speak on the floor and, subject to appeal and other matters. The Minority Leader also by any member, decides points of order. The makes recommendations to the presiding officer President and the Speaker relinquish their chairs regarding the appointment of minority members during meetings of the Committee of the Whole to committees and the seating and office and assume their seats on the floor. Senate and assignments of members of the minority party. House Rules provide that the President and the The presiding officer is under no obligation to Speaker sign all bills, memorials and resolutions heed the suggestions of the Minority Leader on passed by the house over which they preside. these matters. Traditionally, however, the Speaker or President does give some weight to the Majority and Minority Leaders2 Minority Leader’s recommendations.

Majority and Minority Leaders (also referred In recent sessions, the minority caucus has to as “Floor Leaders” or “Party Leaders”) are also elected an Assistant Minority Leader. This elected at the presession organizational person schedules and chairs minority party caucuses. Unlike the President and the Speaker, caucus meetings and works with the other party there is no need for these officers to receive a leaders to make decisions regarding party vote of the full body. However, the Majority and objectives and minority staffing. Minority Leaders (like other partisan leaders) do not officially take office until they are sworn Majority and Minority Whips in on the first day of the legislative session. Traditionally, the duty of the Whip has been The Majority Leader in each house works to “whip up” votes to support a caucus decision. closely with the presiding officer to develop and In fact, the term derives from the British fox implement the party’s main policy objectives. The hunting term “whipper-in,” which describes the Majority Leader traditionally communicates with person responsible for keeping the foxhounds other members of the party regarding majority from leaving the pack. The person who serves as positions on specific issues. He or she may also the party whip will likely ascertain how members talk with minority members to determine how of the caucus stand on a given issue, often tallying their views may impact the outcome of a majority actual vote counts, and may try to solidify program bill. partisan support on an issue that leadership deems especially important. This may include It is often the responsibility of the Majority getting members to the floor if they are needed or Minority Leader to determine whether for a vote. The Majority Whip may also serve as consensus exists among party members on a chairman of the party’s caucus meetings. given issue. He or she also may attempt to ascertain whether a party position on a selected President Pro Tempore and bill is desirable. The person who serves as Party Speaker Pro Tempore Leader frequently assumes the role of party spokesperson to the media. The Senate and House Rules, respectively, provide for the appointment of a President Pro The Minority Leader tries to keep members Tempore and Speaker Pro Tempore by the of the minority party informed about majority presiding officer. As their titles suggest, the chief leadership decisions on the scheduling of bills duties of these officers are to preside over Senate and House proceedings and to otherwise assume 2Beginning with the 43rd Legislature in 1997 the Democratic members of the House of Representatives designated themselves as the duties of the President and the Speaker when the “Democratic Caucus” and the leadership of that caucus as the they are absent from the Legislature. The Rules “Democratic Leader,” “Assistant Democratic Leader” and “Democratic Whip.”

KMIi mk The Arizona Legislature 11 provide that if the presiding officer does not requiring the chairman to schedule the bill on make such an appointment, the entire body elects the next agenda. In addition, the measure may a member to preside during the President’s or proceed to the floor over the chairman’s Speaker’s absence. opposition if three-fifths of the members of the entire body sign a petition calling for the bill to Parliamentarian be discharged from the chairman’s committee or if the presiding officer withdraws the bill from The President and the Speaker each appoint that chairman’s committee and reassigns it to a legislator as the Parliamentarian for their another committee whose chairman will hear respective chamber. The person chosen as the bill. Parliamentarian must be familiar with the rules of the particular house and other procedural The chairman may meet with the vice- rules because the presiding officer refers to this chairman to set the committee meeting agenda. person when questions arise regarding process The vice-chairman has the powers and duties of or the order of business. Final decisions on a chairman when the chairman is absent. The procedural matters rest with the presiding officer, vice-chairman often makes the motion to begin subject to appeal of the entire body. In addition discussion on a bill that is before the committee to the Parliamentarian, the President or the and moves bills for a committee vote after the Speaker may choose to consult with the committee has taken testimony on and debated chamber’s Rules attorneys for advice on these the bills. matters. Standing Committee Chairmen and The Committee System Vice-Chairmen Due to the volume and diversity of issues before the Legislature each session, it is The President and Speaker appoint all impracticable for each entire chamber to hold chairmen and vice-chairmen of standing extensive hearings on all introduced bills. Instead, committees. Accordingly, committee chairmen bills receive their first detailed consideration in are customarily members of the majority party. committees. There are several types of committees, each fulfilling a different function. Generally, the person chosen to chair a committee will have an interest in and an understanding of the areas over which the Standing Committees committee has jurisdiction. Committee chairmen also must be familiar with legal requirements State law authorizes the presiding officer of regarding public notice and with open meeting each legislative chamber to appoint standing laws. Committee chairmen set the agenda for and committees but provides that either chamber, by preside over standing committee meetings. resolution or rule, may direct otherwise. Traditionally, the practice has been for the Committee chairmen wield a great deal of President and Speaker to determine the number power, largely because they can decide whether of committees and their subject matter or not to hear measures that have been assigned jurisdictions at the beginning of each legislative to their committees. A chairman who chooses session. However, the committees must then be not to hear a bill effectively kills the bill by failing formally established in Senate and House Rules, to report it out of committee. If a committee which requires approval by a majority of the chairman refuses to hear a bill, two-thirds of the members of each chamber. committee members may sign a petition

KMIi mk 12 Arizona Legislative Manual The number and titles of legislative standing committees vary from Legislature to Legislature. Subcommittees Each house generally has separate committees to deal with matters such as agriculture, health, Except for the Appropriations Committees education, finance, transportation, government of each house, which have permanent operations, commerce, natural resources, subcommittees, all legislative subcommittees are taxation, insurance and the judiciary. Each established on an ad hoc basis. Any committee committee considers bills that are within its chairman can appoint a subcommittee consisting subject matter jurisdiction and that have been of several members of the standing committee assigned to the committee by the presiding to deliberate on a specific bill and report back officer. to the full committee. A chairman may choose to take this route to allow a smaller group of The Rules Committee, while it is considered legislators to study and prepare amendments to a standing committee, has a different function a complex bill that would consume an from other standing committees. The charge of inordinately large amount of the full committee’s the Rules Committee is to consider the time. Standing committees are not required to constitutionality and proper form of bills and accept the recommendations of a subcommittee. amendments reported from the other standing committees. (The function of the Rules Committee Joint Statutory Committees is described in more detail in Chapter Six.) State law establishes several permanent As noted earlier, the presiding officer appoints committees with members of both houses. These members to each committee. Most members include the Joint Legislative Budget Committee serve on more than one committee. The general (JLBC), the Joint Committee on Capital Review practice is for the majority party to have a (JCCR), the Joint Legislative Audit Committee majority of the members of each committee. (JLAC) and the Legislative Council. These committees are comprised of members from both Every measure must pass through the houses appointed by the President and the committee system for scrutiny, debate and Speaker. The Joint Legislative Budget Committee possible amendment. Some standing committees and Legislative Council have sizable professional have much heavier work loads than others, and permanent staffs, while the other committees the number of measures assigned to a committee receive support from the House and Senate staff. can vary greatly from year to year, depending on the amount and subject matter of legislation that These statutory committees differ from is introduced in each chamber. standing committees in that they do not meet at regularly scheduled times and places, they often Standing committees adopt their own rules meet during the interim when the Legislature is of procedure and, during the legislative session, out of session and they usually deliberate on meet weekly, or more often as necessary, at a matters other than bills, memorials and regularly scheduled time and place. Meetings are resolutions. For example, the Joint Legislative open to the public and press. Special meetings Budget Committee makes recommendations to may be called by committee chairmen, but in the the Legislature regarding the state budget and case of House committees, this requires the fiscal operations of state agencies. The Joint permission of the Speaker. The President or the Committee on Capital Review has Speaker also must give permission for a responsibilities involving land acquisition and committee chairman to cancel a scheduled capital projects. The Legislative Council oversees meeting. the bill drafting functions of the Legislature,

KMIi mk The Arizona Legislature 13 prepares analyses of ballot measures for inclusion of the respective body, either the Speaker of the in the statewide publicity pamphlet and operates House or President of the Senate. The minority many legislative facilities. caucus usually offers a nominee even though it is understood that the minority nominee has little Interim Committees chance of election. The Speaker and President are actually elected from the nominees by the As the name implies, interim committees full House or Senate on the first day of the regular (often referred to as “study committees”) operate session. In addition each caucus elects a leader between legislative sessions. They may be created (Majority Leader or Minority Leader) and a Whip by legislation or by the President or Speaker, or or other officers. both. Often, persons other than members of the Legislature serve with or instead of legislators The purpose of a caucus is to foster a sense on interim committees. of political unity and loyalty. This is accomplished by regular meetings throughout the session and Interim committees undertake studies and occasionally at other times during the interim investigate issues about which the Legislature between sessions. Meetings of the caucuses are desires further information. Free from the commonly conducted as part of the legislative legislative session deadlines and other pressures, process to discuss legislation that has cleared the interim committees have the time necessary to committees to which it has been assigned but tackle complex problems in depth. They may hold before consideration and debate by the full meetings, take testimony and break into working chamber. The members of each caucus may also groups to gather additional information. Interim meet to discuss other issues such as the state committees usually report their findings to the budget, general party positions on legislative Legislature and often suggest legislation to be issues and, in the Senate only, the Governor’s considered in the next legislative session. nominations to state boards and commissions.

Senate and House Rules provide that caucus Political Party Caucuses meetings are open to the public, but a caucus may conduct a closed meeting to elect officers A person who is first exposed to the and for other specific purposes. Although caucus Legislature and the legislative process will meetings are usually open to the public, initially be confused by the word and institution individuals other than the members of the caucus “caucus.” It is not provided for in the and staff are not invited to participate directly. Constitution or by law. It is generally overlooked in civics and government classes. Yet, the concept of a caucus is as old as the United States. The Staff word means a meeting of persons belonging to the same political party or faction, and in the According to A.R.S. section 41-1102, the Arizona Legislature the House and Senate Senate and the House may hire as many Republican and Democrat caucuses have a long employees as each chamber directs. institutional history. Furthermore, the Senate Rules provide that “the appointment, terms and conditions of The caucuses begin organizational meetings employment, compensation, discipline and soon after a new Legislature is elected in the discharge of employees of the Senate shall be general election in November of each even- determined by the President, subject to the numbered year. In one or more meetings each approval of the Senate.” The House Rules simply caucus elects a nominee for the presiding officer state that “employment, compensation and

KMIi mk 14 Arizona Legislative Manual termination of personnel shall be determined by responsible for assisting the President and the the Speaker.” Both the Senate and House Rules members in ensuring that all Senate action prohibit an employee from lobbying during the conforms to the Senate Rules, the statutes and employee’s term of employment and specify that the Arizona Constitution. The Secretary has a any violation is sufficient cause for the summary staff that includes an assistant secretary, a journal discharge of the offending employee. clerk, an administrative assistant, an enrolling and engrossing supervisor, a file clerk, an index A.R.S. section 41-771 also provides that the clerk, a duplicating and supply supervisor, supply Senate and House staff are employees in positions clerks, an information desk clerk and a runner. that are not covered by the state employee merit The Secretary also supervises the Senators’ system. Such employees are often referred to as assistants/secretaries and committee secretaries. “uncovered,” “exempt” or “nonmerit system” employees, and they have no right to continued Chief Clerk of the House employment or right of appeal to the Arizona Personnel Board from disciplinary actions taken The Chief Clerk is the counterpart to the against them. As uncovered employees, Senate Secretary of the Senate. Similarly, the Chief Clerk and House staff may be removed at any time. is a nonlegislator who pursuant to the House Some of the specific House and Senate staff Rules is elected by the members of the House of positions are described below. Representatives and who acts as the chief administrator of the chamber. The Chief Clerk Secretary of the Senate prepares the agenda for daily floor action at the direction of the Speaker, assists the Speaker and Pursuant to custom, the Secretary of the the members in ensuring that statutory, Senate is a nonlegislator who is elected by the constitutional and House Rules are followed, members of the Senate. The Secretary acts as an signs all enrolled bills, memorials and officer of the Senate and maintains all records of resolutions, oversees the preparation and any official action by the Senate, including publication of the House Journal and assists in complete bill files, files on committee minutes, the preparation of the session laws in odd- tapes of committee and floor testimony, the Senate numbered years. Other responsibilities of the Journal and various other historical documents. Chief Clerk include coordinating record keeping The Secretary assigns numbers to all Senate and maintaining all official records, supervising measures as they are introduced and oversees the operation of the voting and sound systems, the printing and engrossing of these measures directing the public information services, and amendments and conference committee maintaining and updating information of current reports and assists in the preparation of session and former members and assisting with new laws in even-numbered years. member orientation.

During floor sessions, the Secretary The Chief Clerk assigns numbers to all House coordinates the flow of legislation, prepares and measures as they are introduced and oversees distributes Senate calendars, as instructed, assists the printing and engrossing of these measures, in parliamentary decisions, coordinates among amendments and conference committee reports. the House, Senate and Governor’s office all The Chief Clerk has a staff that includes an messages, bills and information and works closely assistant chief clerk, an administrative assistant, with the Chief Clerk’s office in the House to a journal clerk, a bill and index clerk, a bill economize time and effort. The Secretary is tracking secretary, an archivist, a reader, an information supervisor, an information desk clerk, a duplica-tion supervisor, a duplicating/

KMIi mk The Arizona Legislature 15 supplies clerk and a mailroom/billroom attorneys also make recommendations on how to supervisor and clerk. correct legislation that is not constitutional or not in proper form by drafting proposed amendments Research Staff for consideration by the Rules Committee and the entire body. The Rules attorneys also respond to Each house has a research division comprised inquiries regarding parliamentary procedure and of full-time personnel managed by a research staff compliance with the body’s rules. director. While the Senate research staff is nonpartisan, the House research staff is Other nonattorney members of the Rules staff considered to be part of the majority staff. The perform various administrative functions research staff members, known as research including preparing Rules Committee amend- analysts and assistant research analysts, perform ments and preparing Rules Committee agendas. various functions including drafting summaries The Rules staff is also assisted by legal interns of all legislative measures, providing verbal (usually law students) during the regular explanations of these measures during legislative session who conduct legal research and committee hearings and caucus meetings, prepare memoranda. drafting amendments, assisting the chairpersons of the standing committees, staffing interim Committee Secretaries committees and responding to constituent inquiries. Each research analyst and assistant In addition to the committee research staff, each research analyst is assigned to one or more standing committee is assigned a committee standing committees. During the legislative secretary who is responsible for taking roll, session, the research staff is supplemented by recording committee votes, taking and preparing college interns who are paid a modest stipend the minutes of meetings of the committee, typing and receive college tuition and credit. The interns committee reports and blending all amendments assist the research analysts and assistant research passed in the committee meeting into a single analysts. amendment for consideration by the entire chamber during Committee of the Whole. When A constituent service office is also a part of the Legislature is not in session, the committee the research division in both the Senate and secretaries perform similar duties for the various House. This office responds to constituent legislative study committees that meet during the inquiries for information or requests for help to interim. resolve problems. The constituent services staff will either refer the constituent to the proper Majority and Minority Staff source or will attempt to help resolve the constituent’s problem. Each caucus has full-time partisan staff that serve the members of that caucus. The majority Rules Committee Staff and minority staff assist the leadership of their respective caucus in developing a legislative Both the Senate and House have full-time and agenda, serve as advisers to all members of their part-time Rules staff that consists of attorneys and caucus, provide policy and legal analysis on other administrative staff. After a measure is heard specific issues, answer members’ information in its assigned standing committee or committees, requests, brief members on legislation, conduct the Rules attorneys review it to make sure that it is research projects, develop and draft legislation constitutional and in proper form for consideration and amendments, respond to constituent by the entire body. The Rules attorneys check the inquiries and assist with press relations, form of the measure by reviewing the measure’s communications and speeches. formal title and other legal constraints. The Rules

KMIi mk 16 Arizona Legislative Manual Members’ Assistants and Other Staff Secretaries Additional staff operate the public Each member has an assistant/secretary who information desk, duplication and supplies room, works in the member’s office. The assistants and bill room and mail room. These individuals in secretaries perform many duties, including large part supervise the considerable volume of maintaining the member’s bill files, preparing paper that is generated by and passed through committee agendas if the member is a each house during the legislative session. chairperson of a committee, coordinating and maintaining the member’s schedule, greeting and Legislative Agency Staff assisting guests, responding to telephone inquiries, facilitating solutions to constituent The Legislative Council, Joint Legislative problems, managing the member’s Budget Committee, Auditor General and correspondence and performing various other Department of Library, Archives and Public duties associated with the administration of the Records each maintain full-time staff that member’s office at the capitol. Some assistants specialize in the work of their respective and secretaries are assigned to work with more agencies. (See Chapter Ten for further details on than one member. these agencies.)

Accounting Staff Lobbyists Both the Senate and House have an accounting office with a controller who is in charge of There are approximately 4,800 lobbyists handling the body’s fiscal affairs. listed on registration forms filed with the Secretary of State and nearly 1,000 registered Sergeant at Arms entities that lobbyists represent when they are engaged in lobbying activities, such as advocacy groups, professional societies, public and private Each body has a Sergeant at Arms who corporations, trade and volunteer associations maintains order under the presiding officer’s and state and local governmental entities. direction. The Sergeant at Arms also compels the attendance of members sent for by the body, Lobbyists range from part-time volunteers directs the delivery of mail, supervises the pages, and grass roots coordinators to attorneys and clears the chamber floor of persons not full-time corporate executives. Lobbyists attempt authorized to be present and performs various to convince legislators to sponsor, support or other administrative functions. oppose legislation, and they monitor pending legislation on behalf of their clients. Despite Pages intermittent adverse publicity concerning lobbyists, they play a positive role in the The Senate and House pages perform a variety legislative process by providing useful of tasks that assist the members and other staff information on legislative policy questions and such as supporting committees and caucuses and giving a voice to other individuals who are members during floor sessions, acting as members of the groups that the lobbyists messengers and distributing documents. represent and for whom direct contact with the Legislature is inconvenient or impossible.

The first step in understanding the lobbying laws in Arizona is to know what activity is

KMIi mk The Arizona Legislature 17 considered lobbying. This is important since sends a letter to or has a conversation individuals who are engaged in lobbying have to with a legislator, state officer or state register with the Secretary of State and file employee for the purpose of supporting expenditure reports. The statutory definition of or opposing any legislation or official “lobbying” (A.R.S. section 41-1231) includes any action. attempt to influence the passage or defeat of any ! A person who provides technical legislation by directly communicating with any information at the request of a lobbyist legislator or any attempt to influence any formal or legislator. rule making proceedings by directly communicating with any state officer or employee ! An attorney who represents clients before on behalf of another person. However, the statute any court or quasi-judicial body. also exempts certain activities from the definition ! A person who contacts a state officer or of lobbying. These exemptions include employee solely to acquire information. interagency communications between state agency employees, communications between a Except in some limited circumstances, a public official or employee of a public body, lobbyist must file with the Secretary of State a public lobbyist and any state employee or officer, quarterly report that lists expenditures made on except a legislator, or any oral communication behalf of a principal (a person who hires a made in a public meeting that is sponsored by a lobbyist) or a public body (a governmental entity state entity by a person to a state officer or that hires a lobbyist). The designated lobbyist employee regarding a proposed rule. for a principal or public body must also sign an annual report on behalf of that principal or public In general, a person must register with the body that lists all expenditures, including gifts, Secretary of State before lobbying on behalf of that were made by or on behalf of that principal another entity. This requirement applies whether or public body and that benefitted or were the person is paid or a volunteer. The Secretary received by a legislator or other state officer or of State publishes a handbook that explains the employee, whether or not the expenditure was state’s lobbying laws and includes the forms that made in the course of lobbying. Expenditure must be completed by lobbyists. The objective reports are public documents and available for of the handbook is to make it easier for everyone inspection. to understand the lobbying laws and comply with the statutory requirements. There are various During any calendar year a principal or categories of lobbyists, and each has different lobbyist is prohibited from giving to any state registration and reporting requirements. officer or state employee, and a state officer or Completed registration forms are public state employee is prohibited from receiving from documents and available for inspection. a principal or lobbyist, gifts with a total value of more than ten dollars or any gift that is designed Arizona law provides that in certain situations to influence the official conduct of that state registration with the Secretary of State is not officer or state employee. Similar prohibitions required. Those exempt from registration also apply to public bodies and public lobbyists. include: A gift is defined by statute (A.R.S. section 41- ! A person who appears for himself before 1231) as any payment, distribution, advance, a legislative committee or state entity to deposit or donation of money or any intangible lobby in support of or in opposition to personal property or any kind of tangible legislation or an official action. personal or real property. The lobbying statutes specifically exempt numerous items from the ! A person who, acting on his own behalf, definition of gift such as a plaque, book or

KMIi mk 18 Arizona Legislative Manual calendar or a campaign contribution that is or Speaker. The House limits the number of press received and reported as required by law. passes issued to any newspaper or news gathering organization to no more than four representatives Any person who knowingly violates any of that newspaper or news gathering provision of the lobbying laws is guilty of a class organization. In addition to the press gallery on 1 misdemeanor. The Attorney General may serve the floor, the Senate provides reserved press a person an order requiring compliance with any seating in the Senate hearing rooms and majority provision of the lobbying laws and may assess caucus room. that newspaper or news gathering the person a civil penalty of not more than one organization. In addition to the press gallery on thousand dollars for failure to comply with the the floor, the Senate provides reserved press order. In addition, the Secretary of State must seating in the Senate hearing rooms and majority compile and issue an annual report to the caucus room. Legislature that contains the names of all principals, public bodies and lobbyists that fail to report lobbying expenditures as required by law.

Press

The capitol press corps consists of news reporters who represent various newspapers, news services and television and radio stations. These individuals regularly report the activities of state government, including proceedings by the Legislature, actions by the Governor and executive branch agencies and notable decisions by the courts. The capitol press offices are located on the first floor of the Senate building. In addition to the usual capitol press corps who cover the day-to-day activities of the Legislature, additional news organizations will periodically cover controversial or notable legislative action.

The Senate and House Rules require each chamber to maintain a press gallery. The current practice by the Senate and House is to reserve tables for the press on the floor of each respective chamber. However, House Rules specify that the Speaker may assign an alternative location for the press gallery in the House. The Sergeant at Arms is responsible for ensuring that only representatives of the press who are duly accredited by the President or Speaker are allowed access to the press gallery on the Senate or House floor. Press passes are nontransferable and revocable at the discretion of the President

KMIi mk The Arizona Legislature 19 KMIi mk 20 Arizona Legislative Manual Chapter Three

Legislative Finances

Legislative Budget in the following biennium. The appropriation for the second fiscal year in the biennium is subject to revision to accommodate changing and s with any other state agency, the unforseen circumstances. Legislature is funded by separate appropriations of state money to the A Once appropriated, the money becomes Senate, House of Representatives and each available to the various houses and agencies of legislative agency (Legislative Council, Joint the Legislature from the state general fund for Legislative Budget Committee, Auditor General use in the designated fiscal year according to any and Department of Library, Archives and Public terms and conditions prescribed by the Records). appropriation. (The Auditor General and the Department of Library, Archives and Public During each even-numbered year the officers Records also receive nonappropriated monies and leaders of each of the legislative houses and from sources outside of state government for agencies work with the budget staff of the Joint some of the unique activities of those agencies.) Legislative Budget Committee to determine an The routine expenses of the Legislature include adequate level of funding to meet the projected legislator and staff salaries and travel expenses financial requirements for each of the next two and operating costs. Extraordinary expenses fiscal years. (The state fiscal year is July 1 through might include things like litigation costs, June 30.) Early in the first regular session, construction and renovation costs and appropriation subcommittees of the Legislature reapportionment costs. meet to consider the budget proposals for all of state government, including the legislative houses (More detail regarding the state budget process and agencies. The appropriation subcommittees is included in Chapter Seven of this manual.) report their determinations that are then included in the state budget and general appropriation bill, which is enacted in a special Legislator Compensation session in March of odd-numbered years. Salary The appropriations include amounts for each house and agency for each of the two fiscal years The procedures for setting the salary of

KMIi mk The Legislative Finances 21 legislators are found in Article V, section 12, Maricopa County receive an additional $25 a day Constitution of Arizona. The Legislature for the first 120 days of session (for a total of establishes the Commission on Salaries for $60 a day), and then an additional $10 a day Elective State Officers to make periodic thereafter (for a total of $20 a day). Members recommendations regarding pay increases for are required to submit vouchers, receipts or state officials, including legislators. The some other verification of their expenses in order membership, compensation and duties of this to claim the per diem allowance. However, they commission are established by law. Members are are paid the maximum per diem allowable appointed biennially and serve until they submit regardless of the amount of actual expenses. a report of their recommendations. The commission is comprised of five members from For legislative work during the interim the private sector, two of whom are appointed between legislative sessions, per diem payments by the Governor and one each appointed by the are determined by the Speaker of the House and Speaker of the House, the President of the Senate the President of the Senate for members of the and the Chief Justice of the State Supreme Court. respective chambers. Legislators who are not in The commission’s recommended salaries for leadership positions receive per diem for each nonlegislative elected officers are subject to day they attend committee meetings, and, with approval by the Governor and the Legislature. the prior approval of their presiding officer, for additional days of constituent work. House With respect to legislative salaries, however, members who are not in leadership positions the Secretary of State certifies the commission’s generally may receive only one day of per diem a recommendation and submits it to the voters at week while House leaders are not limited in the the next regular general election. If the number of days they may receive per diem. recommended salary increase for legislators is Senators who are not in leadership positions may approved by the voters, it becomes effective at receive two days of per diem in a two-week the beginning of the next regular legislative period, and Senators in leadership positions are session and no other authorizing legislation is allowed six days of per diem in the same time necessary. If the recommendation is disapproved, period. The President and Speaker are legislative salaries remain unchanged. reimbursed for every day of actual work during the interim, without limit. Currently, members of the Legislature earn $15,000 each year, which is paid on a bi-weekly Legislators receive reimbursement of 30 cents basis throughout the calendar year. This amount a mile based on the actual number of miles driven has not been changed since 1980 when the salary for official business, both during session and in was raised from $6,000. Since then, the interim. This reimbursement is in addition recommended pay raises have been rejected by to any per diem amounts allowed. All in-state the voters in 1982, 1986, 1988, 1990, 1992, 1994 and out-of-state travel must be approved in and 1996. advance by the Speaker or the President, respectively. If approved, reimbursement of travel Per Diem and expenses is provided for as specified in the State Other Expense Allowances Accounting Manual, which gives reimbursement amounts for all incidental expenses, such as taxis, Legislators who reside in Maricopa County airfare, food and mileage, except that the Speaker (the metropolitan Phoenix area) are paid $35 a or President may overrule the State Accounting day in per diem expenses for the first 120 days Manual’s hotel rate limit if the lodging is at the of regular and special sessions, then $10 a day site of a conference or seminar the member is thereafter. Members who reside outside attending.

KMIi mk 22 Arizona Legislative Manual program. Although legislators are provided offices, staff support and parking spaces at the capitol, they EORP members contribute seven percent of do not receive allowances for offices or staff in their income to the plan. They are eligible to their home districts, nor are they afforded state receive a normal pension at age 65 with five or automobiles, credit cards or expense accounts. more years of service, at age 62 with ten or more years of service or at age 60 with 25 or more Retirement and Other years of service. Members with ten or more years Employment Benefits of service may take early retirement at age 50 with a reduction in benefits. The normal annual Legislators receive the same employment pension is currently four percent of the member’s benefits as Arizona state employees, except for final annual salary multiplied by the member’s retirement options and long-term disability years of credited service, with a maximum annual insurance. Legislators do not receive annual or payment of 80% of the member’s final annual sick leave as do full-time state employees. salary.

Legislators may choose to purchase the same Legislators who elect coverage under ASRS health, dental or vision insurance offered to are treated like other state employees under the other state employees by paying a share of the plan. The member contribution rate is premium. The state pays the remainder of the determined annually (3.05% of the member’s premium. pretax salary in 1997-98). Members become eligible for normal retirement on the accrual of State employees and legislators receive a 80 “points” (the member’s age plus years of standard $10,000 life insurance policy, with an service), at age 65 with any amount of service or additional $10,000 payable in the case of at age 62 with ten or more years of service. accidental death, and may purchase additional Members with five or more years of service may life insurance in $5,000 increments, up to three take early retirement at age 50 with a reduction times the amount of their annual salary ($45,000 in benefits. The normal monthly pension is two in the case of legislators). The premium for the percent of the member’s average monthly supplemental life insurance varies according to compensation during the three highest the legislator’s age. consecutive paid years of the last ten years of service multiplied by the member’s years of All legislators are provided with long-term credited service. Retiring members can choose disability coverage at no charge. (This is distinct from a number of benefit payment options. and separate from the plan offered to other state employees.) The plan provides legislators with Retirees under either EORP or ASRS are two-thirds of their salary if they are absent from eligible to receive health insurance with premium work due to an extended illness or injury, amounts based on the members’ years of credited beginning after six months of continuous total service with the state and their eligibility for disability. Additionally, legislators may purchase Medicare coverage. short-term disability insurance to cover the first six months of disability. Legislators receive other benefits that are provided to all state employees, including Social Legislators may elect to participate in the Security and optional deferred compensation Elected Officials’ Retirement Plan (EORP) or the plans and medical and dependent care Arizona State Retirement System (ASRS) or may reimbursement accounts. decline to participate in either retirement

KMIi mk The Legislative Finances 23 KMIi mk 24 Arizona Legislative Manual Chapter Four Legislative Powers, Privileges and Responsibilities

Legislative Immunity legislature shall be liable in any civil or criminal prosecution for words spoken in debate.” (Article IV, part 2, section 7.) ursuant to the Constitution of Arizona, members of the Legislature are immune Thus, based on the Constitution of Arizona from arrest or civil process for 15 days P state legislators are entitled to immunity from before and during the course of a session. civil and criminal liability for legislative acts. This immunity generally protects legislators from Members of the legislature shall be privileged being sued, arrested or ordered to testify or from arrest in all cases except treason, felony, produce documents about legislative acts, and breach of the peace, and they shall not subject to certain court created exceptions. be subject to any civil process during the session of the legislature, nor for fifteen days Generally, legislative immunity applies to all next before the commencement of each types of legislative actions relating to introducing, session. (Article IV, part 2, section 6.) developing and voting for legislation including: The legal doctrine of “legislative immunity” also provides some protection to legislators, staff ! Voting or refusing to vote to reduce a and the Legislature in legal proceedings involving budget, to eliminate job positions, to legislative acts. Legislative immunity derives from redistrict, to unseat a member or to the common law theory that began to evolve confirm an executive appointment. approximately 500 years ago from issues arising ! Speaking on the floor or in committee between the English King and Parliament. When regarding legislation. the United States was founded, the United States ! Lobbying other legislators regarding Constitution included a provision to create legislation. legislative immunity for members of Congress. Article I, section 6 provides “[f]or any speech or ! Conducting a hearing and enforcing debate in either house, [the members] shall not committee or chamber rules, including be questioned in any other place.” The allegations of illegally issuing legislative Constitution of Arizona has a similar speech and subpoenas, examining witnesses or debate clause that provides “[n]o member of the otherwise obtaining information.

KMIi mk Powers, Privileges and Responsibilities 25 ! Activities relating to developing legislation ! Laws that will impair contract obligations. prior to introduction. ! Certain types of local or special laws that would give an individual a special privilege Legislative immunity not only protects a or immunity. legislator from liability but also from having to testify or produce documents in court In addition to these subject matter limitations proceedings relating to legislative activity and on the authority of the Legislature, the Arizona prohibits actions seeking declaratory judgments, Constitution prescribes procedural requirements injunctions and other legal actions against for legislative action. Although a legislative act legislators acting in the scope of their official may deal with a subject within the Legislature’s duties. authority, the act may still be invalid if the Legislature did not comply with the The immunity is absolute, and it is personal constitutional procedural requirements in to the individual legislator. It can only be claimed enacting the act. Examples of these requirements or waived by the legislator. It does not end when are that: the legislator leaves office but continues indefinitely for the legislative acts undertaken ! All parts of an act must be expressed in while in office. the title of the act. ! An act may embrace only one subject. There are exceptions and instances where ! All appropriations other than the general legislative immunity does not protect legislators, appropriations act must be made by typically relating to administrative and political separate bills. areas that are not directly related to the legislative process. Crimes Against the Legislative aides and staff are also entitled to legislative immunity for acts relating to the Legislature legislative process such as developing and processing legislation. The statutes set forth specific crimes against the legislative process. A person who illegally alters or removes an introduced or enrolled bill Limitations on is guilty of a class 4 felony for which the maximum term of imprisonment is two and one- Legislative Power half years. A person who prevents the Legislature from meeting is guilty of a class 5 felony, which In exercising the legislative function of state carries a prison term of one and one-half years. government, the Legislature has far-reaching A person who disturbs or interrupts the powers. The Legislature has all the power that is Legislature’s proceedings is guilty of a class 2 not granted to the executive or judicial branches misdemeanor and may be sentenced to jail for of government or that is not prohibited by the up to four months. State Constitution or federal law.

The Arizona Constitution does impose Legislative Discipline specific limits on this power. For example, the Legislature may not pass: The Arizona Constitution provides “[e]ach ! Laws that would increase the punishment house may punish its members for disorderly for a crime after the crime has been behavior, and may, with the concurrence of two- committed.

KMIi mk 26 Arizona Legislative Manual thirds of its members, expel any member.” (Article receipts and disbursements of the committee. IV, part 2, section 11.) These reports must be filed with either the Secretary of State or the Clerk of the County The House of Representatives and the Senate Board of Supervisors several times during an have each included a number of provisions in election year and by January 31 of the following their respective rules to implement this year for years in which there is no election. constitutional provision. Both houses have established rules of decorum to allow for open, The reports must include a detailed listing of but orderly, debate of the issues before the body. the campaign committee’s assets and the source For example, members of the House are not of revenues. The committee must also report the allowed to “indulge in personalities, use language total disbursements and an itemized list of personally offensive, arraign motives of members, disbursements in nine categories. The reports are charge deliberate misrepresentation or use certified and signed under penalty of perjury by language tending to hold a member of the House the committee treasurer or the candidate. If a or Senate up to contempt.” campaign committee fails to file a timely, complete and accurate report, the committee and Both houses of the Legislature have the candidate are liable for a civil penalty of $25 established in their rules codes of ethics and for each day of noncompliance with a maximum requirements pertaining to conflicts of interest penalty of $1,000. and financial disclosure. An Ethics Committee is established in the House and Senate pursuant to statute. Each Ethics Committee must Reporting Personal Finances investigate ethics complaints against members of its respective house. The general statutory standards for financial disclosure by public officers apply to members A violation of the code of ethics, conflict of of the Legislature. Under these requirements interest requirements, financial disclosure each member of the Legislature must file an requirements or rules of the body subjects the annual verified financial disclosure statement offender to punishment or expulsion pursuant with the Secretary of State by January 31 that to Article IV, part 2, section 11 of the Arizona covers the prior calendar year. Constitution. The statement must provide a wealth of information concerning the legislator and the Reporting members of the legislator’s household. Some of Campaign Finances the information required in the statement includes: The Arizona statutes prescribe extensive ! The name and address of each source of requirements for election campaign income of over $1,000 during the year. contributions and expenses for all candidates ! A description of any business owned by including candidates for the Legislature. Every the legislator including identification of candidate for the Legislature who receives any large customers. campaign contributions or makes campaign ! The name and address of any business or disbursements of more than $200 is required to trust in which the legislator has an interest establish a campaign committee. The candidate’s of over $1,000. campaign committee must file a number of campaign finance reports that set forth the ! A description of all interests the legislator has in Arizona real estate.

KMIi mk Powers, Privileges and Responsibilities 27 ! A list of all creditors to whom the legislator owes over $1,000 and a list of all major creditors of any business owned by the legislator.

A legislator who knowingly fails to file the statement or files a false statement is guilty of a class 1 misdemeanor, which is punishable by a sentence of up to six months in jail. The offender is also subject to a civil penalty of $50 for each day of noncompliance, with a maximum penalty of $500.

KMIi mk 28 Arizona Legislative Manual Chapter Five

Legislative Procedure

Parliamentary Procedure in The rules adopted by the Senate and the House of Representatives can be modified by a the Senate and the House of majority vote each session and are published for Representatives each Legislature, or when amended. The rules are reprinted in the Addendum to this Manual. he legislative procedure of the Senate and House of Representatives is established Senate Procedure Tby the rules of each chamber. The rules adopted by the Senate state that legislative The Senate Rules cover a range of subjects procedure shall be governed by the constitutional that include the powers of the officers of the body, provisions, the Senate Rules, Arizona statutes, the establishment of committees, introduction Mason’s Manual of Legislative Procedure, Senate of legislation, decorum and debate, legislative customs and usage and general parliamentary procedure, length of the session and a code of law, in that order. ethical conduct. The Rules of the House of Representatives Currently, there are 13 standing committees also state the order in which authorities on in the Senate. The President of the Senate legislative procedure take precedence when the appoints a member to serve as chairman of each rules do not address a specific issue of legislative committee. The committee chairman sets the day procedure. The order is the constitutional rules and time for the committee’s regular weekly or stipulations, statutory rules, adopted House hearings. Since all members of the Senate serve Rules, judicial decisions, adopted parliamentary on more than one committee, the committees authority (Mason’s Manual of Legislative meet on different dates and times to Procedure, Rules of the United States House of accommodate the members’ schedules. The Representatives and Jefferson’s Manual), general chairman may add additional meeting times as parliamentary law and custom and usage. The necessary. House Rules state that these authorities shall be consulted in that order to resolve any conflict or Generally, there are between seven and nine ambiguity in legislative procedure. members on a Senate committee. A quorum for a hearing on a measure in a committee consists

KMIi mk Legislative Procedure 29 of a majority of the members of the committee. 7. Orders of the day A majority of the members of the committee is 8. Introduction and first reading of bills required to report a bill or any other measure 9. Second reading of bills out of the committee. To pass an amendment to 10. Reference of bills a bill, a majority of the members of the committee 11. Reports of standing committees who are present must vote for the amendment. The committee may introduce a bill, resolution 12. Reports of select committees or memorial as a “committee” measure on a 13. Committee of the Whole unanimous vote of the committee. A majority of 14. Report of the Committee of the Whole the committee may introduce a bill, resolution 15. Third reading of bills or memorial as a “majority of committee” 16. Other business of the Senate measure on the vote of a majority of the members of the committee. A member may request that the President alter the order of business during a floor session. The President calls the Senate to order each day of the session. This is usually done at the same time every day unless the President has adjourned the Senate to meet at a different time House of Representatives on the next day of the session. Procedure

A majority of the senators elected constitutes The Rules of the House of Representatives a quorum for conducting business on the Senate include the powers and duties of the presiding floor. A member may raise the question of officer, the formation of standing committees, establishing a presence of a quorum at any time introduction of legislation, decorum and debate while the Senate is in session on the floor of the and legislative procedure. chamber. If it is determined that a quorum does not exist, then a majority of the senators present There are currently 19 standing committees may seek a “call of the Senate” requiring senators in the House with chairmen appointed by the to return to the chamber until a quorum is Speaker. Under the Rules of the House of present. Pending the execution of the call the Representatives, the chairmen of the standing President cannot entertain any debate or other committees set the meeting day and time for the motions, except to adjourn. The President directs weekly committee hearings. The chairman may the Sergeant at Arms to request or compel the cancel or set additional meetings as is necessary attendance of the absent Senators for purposes with the permission of the Speaker. A majority of establishing a quorum when there is a call of of the members of a committee of the House of the Senate. Representatives constitutes a quorum for purposes of considering a bill, resolution or The order of Senate business is established memorial. in the Senate Rules as follows: 1. Prayer by the Chaplain The Speaker calls the House to order on the 2. Pledge of allegiance floor of the chamber at 11:00 a.m. each day of 3. Roll call session, unless the Speaker has adjourned the 4. Reading of the Journal House to a different hour. A majority of the members elected to the House of Representatives 5. Business on the President’s desk constitutes a quorum to conduct the business of 6. Petitions, memorials and the full House. A smaller number of members remonstrances may meet, adjourn and compel the attendance

KMIi mk 30 Arizona Legislative Manual of any members who are not present. A member may raise the question of a quorum and, if a quorum is not present, the Speaker of the House must either order a “call of the House,” recess or adjourn.

The House order of business is as follows: 1. Roll call 2. Prayer 3. Pledge of allegiance 4. Approval of journal 5. Petitions, memorials and remonstrances 6. Reports of standing committees 7. Reports of select committees 8. Business on the Speaker’s desk 9. Bills and other business from the Senate 10. Motions to discharge committees 11. First reading of bills 12. Second reading of bills 13. Third reading of bills 14. Unfinished business 15. Committee of the Whole 16. Disposition of business from Committee of the Whole 17. Orders of the day

Members may request that the Speaker change the order of business during floor session.

KMIi mk Legislative Procedure 31 KMIi mk 32 Arizona Legislative Manual Chapter Six The Legislature in Operation

Sessions: Organization of convene in between regular sessions. This is done when the Governor calls a special session of the the Legislature Legislature. The Governor may call an unlimited number of special sessions at any time, even while very two years, 60 members of the House regular sessions are in progress. In special of Representatives and 30 members of the sessions initiated by the Governor, the Legislature ESenate are elected or reelected to a new may consider only subjects and issues that the Arizona Legislature. Each Legislature has been Governor specifies. The Governor usually numbered consecutively since statehood in 1912, discusses the potential subjects and issues of a and the new Legislature is assigned the next special session with legislative leadership in number from the previous Legislature. The advance of the call so that all parties may plan Legislature that was elected in 1996 and took accordingly. In addition to special sessions office in 1997, for example, was the 43rd initiated by the Governor, the Governor must Legislature. call a special session on receiving a petition signed by at least two-thirds of the members of Each Legislature covers a two-year period. each house of the Legislature, in which case the The first session following the general election subjects that the Legislature can consider are is known as the first regular session, and the unlimited. Special sessions are typically short, session convening in the second year is known sometimes lasting only one day, but there is no as the second regular session. Each regular official limit to their duration. session begins on the second Monday in January and adjourns sine die (i.e., terminates for the year) The Constitution of Arizona authorizes each no later than Saturday of the week in which the house of the Legislature to choose its own 100th day from the beginning of the regular officers, and one of the first orders of business session falls. The President of the Senate and after a general election of legislators is to Speaker of the House, by rule, may extend the organize the Legislature and elect the legislative session up to seven additional days. Thereafter officers. Legislative caucuses begin meeting soon the session can only be extended by a majority after the election so new legislators can get vote of members present of each house. acquainted with other legislators and to choose the new officers. The political party having a It is not uncommon for the Legislature to majority of the members of a house usually

KMIi mk The Legislature in Operation 33 chooses the next presiding officer of that house interest groups. Advocates of proposed legislation and will nominate one of its members to be the must secure a legislative sponsor if they hope to President of the Senate or Speaker of the House. see their ideas enacted. Once a legislator agrees All caucuses will also elect their own leaders: to sponsor the measure, Legislative Council staff Majority or Minority Leaders, Majority or will draft it in the form of a bill, resolution or Minority Whips and other officers of their caucus. memorial, whichever is appropriate. When the Legislature formally convenes in the first regular session, the full Senate will officially Legislative Council staff is legally responsible elect its President and the full House will elect for drafting all proposed legislation in suitable its Speaker, typically those members previously form and terminology, regardless of the form in nominated by the majority caucus of the which it is presented. The Legislative Council respective house prior to session. At this time employs permanent legal, editorial and technical the chambers also formalize other staffing staff to provide this service for all legislators, elections and appointments described elsewhere regardless of house or political party. The service in this manual. is confidential, and the contents of proposed legislation, including supporting documentation, The President and Speaker are the presiding will not be divulged without the express consent officers of their respective houses and are elected of the sponsor. to two-year terms in those offices coinciding with the biennial legislature. They call their chamber To expedite the drafting and bill introduction to order, preside over the business of the processes, House and Senate Rules establish chamber and are responsible for maintaining deadlines for requesting and producing drafts. decorum in the chamber. In addition, they are State agencies that propose legislation must have responsible for the administration and a legislative sponsor and submit the drafting management of the affairs of their respective request to Legislative Council on or before houses. The President and Speaker may choose November 15 preceding the regular legislative a President Pro Tempore and Speaker Pro session. Senate bills must be submitted to Tempore, respectively, to preside in the Legislative Council for drafting on or before the temporary absence of the President or Speaker. eighth day of the regular session and delivered to their sponsors on or before the 15th day of Shortly after both houses have organized, they the session. House bills must be requested on or meet in joint session in the House chambers to before the 15th day of the regular session and hear the Governor’s “State of the State” address. delivered to their sponsors on or before the 22nd In the message, the Governor outlines the major day of the session. In addition, House Rules limit issues facing the state and proposes solutions for the number of bills, resolutions and memorials the Legislature’s consideration during that that can be introduced after the first day of the session. regular session to five per legislator, which effectively forces most drafting for House members to take place before the session begins. Drafting The drafting process begins with the Legislative Council drafter obtaining the facts, Only current members of the Legislature may policy and objectives for a legislative proposal actually sponsor and introduce legislation, but from either the legislator who is sponsoring the legislative proposals may be initiated from many bill or from the legislator’s authorized agent. The sources, including state agencies, local drafter then converts the sponsor’s request into governments, individual constituents and special

KMIi mk 34 Arizona Legislative Manual proper form, style and legal terminology, and fits numbered consecutively within each body and the proposal into the framework of existing retain the same number throughout the session, statutory law. The drafter strives to produce a even when they are sent to the opposite house draft that is coherent, concise, understandable for consideration. and free from ambiguity. The drafter considers pertinent provisions of the Arizona Constitution, To become law, both houses of the Legislature court decisions, the Arizona Revised Statutes, the must pass a bill, which will then either be signed Internal Reference Manual, the Annual Report on into law by the Governor, take effect without the Defects in the Arizona Revised Statutes and State Governor’s signature or pass the Legislature by Constitution and other relevant sources. The a supermajority vote overriding the Governor’s drafter makes adjustments for any minor veto. problems or conflicts, and discusses more significant problems with the sponsor, including Resolutions suggesting possible alternative approaches. There are three types of legislation: bills, resolutions A resolution is a declaration or expression of and memorials. legislative opinion, will, intent or “resolve” in matters within the Legislature’s legal purview. Bills Three types of resolutions are used in Arizona.

A bill is the appropriate method for proposing A simple resolution is processed only through the enactment of a law and is the most numerous the house in which it is introduced and may of legislative measures. Its proper use express an opinion, appoint a committee, encompasses every conceivable subject within express regret on the death of a former legislator the legislative jurisdiction and is limited only by or other prominent person, request the return state and federal constitutional standards. Typical of a bill from the other house of the Legislature bills are those that: for a stated purpose, recognize meritorious ! Establish governmental agencies and service or commemorate a special event. A programs. simple resolution is not signed by the Governor. Simple resolutions are designated “S.R. 1xxx” or ! Prescribe the powers and duties of state “H.R. 2xxx”, depending on the house of agencies and of individual officers and introduction. employees. ! Define crimes and classify punishments for A concurrent resolution is processed through actions that are prohibited as public both houses but is not signed by the Governor. offenses. It may provide for the submittal of a referendum to the voters or legislative action to amend the ! Appropriate monies for state government United States or the Arizona Constitution. expenditures. Concurrent resolutions are designated “S.C.R. ! Determine licensing and regulatory 1xxx” or “H.C.R. 2xxx”. standards for professions and occupations. ! Prescribe qualifications, terms of office A joint resolution is processed through both and compensation of public officers. houses and is signed by the Governor. It is used to provide for temporary measures having the ! Provide for the imposition, collection and effect of law (e.g., a contract or any other official distribution of tax monies. action) but is not used for any purpose in amending either the Arizona or United States A bill that is introduced in the Senate is Constitutions. Joint resolutions are designated designated “S.B. 1xxx”. A bill that is introduced in the House is designated “H.B. 2xxx”. Bills are KMIi mk The Legislature in Operation 35 “S.J.R. 1xxx” or “H.J.R. 2xxx”. sponsors sign a signature page attached to the bill when it is introduced, and when the bill is Memorials printed their names appear on the first page of the bill. Legislators may introduce bills “by A memorial is a message sent to an officer or request,” meaning the sponsor has agreed to entity outside state government and allows the introduce the measure as a courtesy to its backers Legislature to petition, plea, beseech or pray that while not necessarily endorsing it. the recipient acknowledge stated facts and act in a manner consistent with the request. It Legislators introduce measures by requesting implies that the “memorialist” (the Legislature) an “intro set” (the official package of materials lacks authority to act directly on the subject. used for introduction of measures including Memorials are requests or proposals asking copies of the legislation and a signature page) Congress, the President of the United States, from Legislative Council, getting the signatures federal agencies and officers or other states to of all cosponsors and filing the set in “the hopper” do things the Arizona Legislature has no located in the office of the Senate Secretary or jurisdiction to do itself. Memorials are not signed House Chief Clerk. When a measure is filed in by the Governor. the hopper, it is formally designated as a bill, resolution or memorial. The first bill introduced each session is S.B. 1001 in the Senate and H.B. Fiscal Notes 2001 in the House. Members may introduce measures in the Fiscal notes are estimates of the fiscal impact Senate during the first 22 days of a regular session of a bill that are prepared by the Joint Legislative and during the first ten days of a special session. Budget Committee staff. They are prepared on A measure may be introduced in the House of request for a legislator while the bill is before Representatives during the first 29 days of a that legislator’s house, and copies are distributed regular session and during the first ten days of a to all members. Most fiscal notes are prepared special session. After these deadlines, bills, for bills involving changes in revenues while some resolutions and memorials can be introduced are used for bills involving administrative changes. only with the permission of the respective Rules Fiscal notes can only be requested on bills and Committee, except that in the House the amendments that have been introduced. Each introduction of death resolutions may continue fiscal note contains basic information about the without the permission of the Rules Committee. bill, a dollar amount representing the fiscal impact, an analysis complementing the figures To expedite processing, bills, resolutions and and underlying assumptions used in the analysis. memorials may be “prefiled” before the session begins. Prefiled measures are considered to be Introductions introduced on the first day of the session. After the certification of the election of members-elect, A legislator, or in the Senate a standing they may prefile measures for introduction in the committee, may introduce a bill, resolution or first regular session. Members may prefile memorial. A Senator cannot introduce a bill in measures for introduction in the second regular the House, nor can a member of the House session beginning November 15 preceding the introduce a bill in the Senate, but any legislator session. Members may prefile special session may cosponsor a measure introduced in the other measures after the Governor issues the call for house. Any measure may originate in either the session, if the measures are germane to the house, and all measures passed by one house may call. be amended in the other. The sponsor or KMIi mk 36 Arizona Legislative Manual conduct all of its business as a full body. Consequently, each house assigns its members First and Second Reading to various standing committees to consider the details of the various measures. The standing The Arizona Constitution requires that to be committees are established by House and Senate enacted a bill must be “read by sections” on the Rules. floor of both the House and Senate on three different days. This requirement is intended to The presiding officer assigns bills, resolutions provide time for legislators to become informed and memorials to standing committees to about the details of the bills and to allow for consider the merits of the proposals and for public reaction and response to legislative hearings, testimony and debate. Under House proposals before they are enacted. To expedite Rules, assignment to a committee is mandatory moving the bills, on the opening day of each on first reading. In the Senate committee session the Majority Leader may move to declare assignment is not automatic, but the President, an emergency and suspend the rules so that all in practice, rarely, if ever, withholds a bill from bills, resolutions and memorials may be read by referral to a committee. A measure is usually number and short title only. These formal referred to at least one committee in its house of “readings” are called first, second and third origin, and all legislation is assigned to the Rules reading, and each reading triggers a separate Committee. In the second house a measure is action in the progression of a measure through usually referred to only one committee and that each house. For example, on first reading in the chamber’s Rules Committee. If a bill includes an House, the measure is “referred” to the Chief appropriation of money, it will normally go to Clerk for printing and assigned to appropriate the Appropriations Committee in each house in committees. The Speaker may thereafter have the addition to any other committees to which it is bill second read at any time before its assigned. consideration by the Committee of the Whole. In the Senate, first reading is essentially Once a measure has been referred to a ceremonial, and the bill is not referred to committee, the committee chairperson has broad committee until second reading. In both the discretion over the measure’s fate. If a measure House and Senate, third reading is a formal voting is not heard in committee, it usually means that process and is discussed more fully below. the legislation will not progress further in the process, although the sponsor may have other The Arizona Constitution allows either house options to pursue, such as a motion to “discharge” to suspend the requirement of readings on three the committees or amend the measure onto an days in the event of an emergency and on the active bill somewhere else in the process. vote of at least two-thirds of the members. This is typically done for special sessions considering Notice and Agendas only a few bills that have been discussed and publicized before the session is held. Standing committees usually meet on the same day each week during all but the last few weeks of the regular session. Depending on the Committee Action calendar and scheduling conflicts, legislative deadlines allow up to eight meetings during the As discussed earlier, the Legislature is first half of the regular session for committees in involved with such a large volume of matters each house to hear legislation originating in that involving complex and technical subjects that it house. Sometimes committees are allowed to would be simply overwhelmed if it tried to hold additional meetings to accommodate an

KMIi mk The Legislature in Operation 37 extraordinary number of bill assignments or to including features of the bill and other hear bills of special importance. background information. The committee staff usually prepares and distributes a fact sheet or A written public notice for each regular or bill summary and may announce whether special committee meeting and an agenda listing amendments have been proposed. If the sponsor all bills, memorials, resolutions and other matters of the bill is present, the chairperson may invite to be considered is required to be distributed to the sponsor to begin the testimony on the bill. each member of the committee and the Secretary of the Senate or Chief Clerk of the House at least Committee chairmen are not required to five days prior to the committee meeting. The allow public testimony on any measure, but if notices and agenda are also available in several there is time and a need to hear explanations of public locations, as well as the Internet, and are support or opposition, the chairperson almost available to the public on request. No other always allows persons who wish to testify to come measure may be discussed at the meeting forward and present their reasons for opposing without the unanimous consent of all committee or supporting the measure. Persons wishing to members. Listing a measure on the agenda testify must complete a request form and deliver indicates only that it is eligible for hearing at the it to the chairperson. All persons are eligible to meeting but does not guarantee that it will testify to inform, advocate, oppose or state any actually be heard. concern related to legislation being considered by a committee. Hearing When all public testimony has concluded, all The committee convenes at the scheduled amendments have been considered and either meeting time and place for a hearing on the rejected or adopted and other committee matters listed on the agenda. At the beginning of discussion and debate on a measure are over, the meeting the chairperson usually announces and if the committee chairperson is willing to any changes to the printed agenda, as allowed proceed with a vote, one of the members of the by the adopted rules, including: committee, usually the vice-chairperson, moves ! Whether any legislation is to be “held.” A that the bill (as amended, if applicable) be measure may be held for a number of returned to the full house with a “do pass” reasons, including technical problems, recommendation. At this point there may be apparent lack of support, not enough some parliamentary maneuvering, but eventually meeting time to hear the bill or ongoing the chairperson calls for a roll call vote of the negotiations among interested parties that committee members. Each member has the will affect the bill’s contents. option of voting “aye,” “no” or (in the House only) “present” (an abstention). A member may initially ! Whether any bills are to be assigned to a “pass” in the case of indecision or if the member subcommittee, as discussed below. wants first to see how other members vote, but ! The order of hearing the bills, resolutions each member who is present must eventually and memorials that are up for vote. There is also a procedure for excusing consideration. It is not always possible to oneself from voting in the case of a conflict of hear every bill on the agenda, so the interest on specific bills. The chairperson always chairperson may give priority to some votes last, and then publicly announces the bills over others. results of the vote. If there is a quorum, a majority of that quorum present for the vote is The normal procedure for considering each required to advance the bill. measure begins with an objective explanation by the committee’s research analyst or intern, After the committee hearing, the committee secretary prepares and distributes written KMIi mk 38 Arizona Legislative Manual minutes of the meeting and the report of all bills by the chairman of the standing committee. considered, including a record of all roll call votes. In addition, all amendments to the bills Amendments that were adopted by the committee are printed and distributed but are not yet incorporated into It is rare for any bill or other measure to pass the bill. Committee-adopted amendments are through the legislative process in its original kept separate from the bill until they are adopted form. The original form of a bill reflects only the by the Committee of the Whole. Reports of intent and understanding of the sponsor, the standing committees, including any minority drafter and anyone else who happened to be reports, are read on the floor as they are received. involved in producing the bill as it was introduced. However, once introduced into the Subcommittees public domain, a measure becomes subject to intense scrutiny. If legislation proceeds at all, it A committee chairperson may appoint a is almost always modified or amended to satisfy subcommittee, composed of members of the full the desires and concerns of other legislators, the standing committee, and refer one or more of Governor, members of the general public and the committee’s bills or other measures to the special interest groups. Introducing a bill subcommittee. As with the full standing automatically subjects it to the amendment committee, there is no mandate for a process. subcommittee to actually meet and consider any bill assigned to it, but if a subcommittee does Amendments are the additions, deletions or hear a bill, the subcommittee reports the bill modifications to bills or other measures proposed back to the full committee with its by a legislator or committee. Amendments may recommendations. be proposed and adopted in a standing committee, the Committee of the Whole or a There are two primary reasons for referring conference committee. Legislators generally a measure to a subcommittee. The bill before amend bills because they are in favor of much of the full committee may require changes that are the bill’s content, but they disapprove of a portion too complicated or detailed to be conveniently or portions of the bill or believe important accomplished in a full committee hearing. A language has been or should be omitted. An smaller subcommittee allows for informal and amendment may strengthen or weaken a bill or direct discussion and debate over the fine points only correct technical flaws. A “strike and details. Another reason for a subcommittee everything” amendment may even entirely is that the committee chairperson may oppose a change the bill (these types of amendments are measure but wants to avoid criticism for not particularly unique and are discussed in detail hearing it at all. The chairperson may assign the below). measure to a subcommittee with the informal understanding that it will not be reported back Amendments are drafted to refer to the to the full committee, effectively “burying” it in appropriate page and line of the original or the subcommittee. engrossed bill or of another amendment if the amendment is proposed as an amendment to Any subcommittee may meet at any time on another proposed amendment. The amendment the call of the subcommittee chairman, if the contains instructions for inserting or deleting meetings are announced on the floor of the House words or blocks of text in the original document or Senate in open session prior to the meeting. and, except in the case of a “strike everything” A subcommittee, without distributing a written amendment, must be read together with the agenda, may consider any matter assigned to it original measure to understand what the

KMIi mk The Legislature in Operation 39 amendment does. The Appropriations Committees must keep an accounting of projected revenues that will be Standing committees may adopt rules available for appropriation each fiscal year and addressing the submission of amendments to the amount of appropriation requests contained committee members, and the chairman may in the various bills. Because the requested disallow an amendment that does not comply amounts always exceed the available funds, the with the rule, may without objection accept the Appropriations Committee, and especially the amendment or may postpone action on the chairperson, must be willing to cut the amounts measure until adequate notice has been given. requested and incur the disappointment and displeasure of those receiving nothing or less than A “strike everything after the enacting clause” they expected. On the other hand, having control amendment (also referred to as a “strike of the state purse naturally affords these everything” amendment or simply a “striker”) committee members and chairpersons great proposes to delete the entire text of the existing power and influence among their peers. bill and substitute new language, essentially making it a completely different bill, possibly on The Appropriations Committees consider an entirely different subject. These amendments state budget bills such as the state general are sometimes used to allow legislators to appropriations (“feed”) bill, the capital outlay bill circumvent the deadlines on introduction of new and omnibus reconciliation bills (ORBs) as legislation, deal with an issue that arises after described in Chapter Seven of this manual. the deadline or revive a bill that has previously been defeated. Because of the drastic effect of a Rules Committees strike everything amendment, legislative rules impose extended posting and notice Each measure is assigned to the Rules requirements beyond those for other Committee of the house through which it is amendments. Moreover, protocol requires a progressing, in addition to any standing committees legislator offering a striker to first get the to which it is assigned (including the Appropriations permission of the original bill’s sponsor. Committees). The Rules Committees assess the Legislators may not propose strike everything constitutionality of the proposed legislation, ensure amendments in either the Rules Committee or that bills are in proper form and decide whether Committee of the Whole of either house or in a proposed amendments are germane. With the conference committee. assistance of the Rules attorneys, the committees review the proposed legislation’s consistency with Appropriations Committees the United States and Arizona Constitutions and Arizona and federal law and check for other The Appropriations Committees in both the technical inconsistencies and problems. House and the Senate consider all bills that contain an appropriation of public money. The The written agenda for the Rules Committee respective committees determine whether is the calendar of the Committee of the Whole. sufficient funds are available to cover the The Rules Committees may propose amendments appropriations described in the bill. Most bills based on technical or corrective considerations. considered by the Appropriations Committees Unless they are withdrawn or discharged, all bills also contain proposed laws so they are also must pass the Rules Committee before they are considered by other standing committees, as heard on the floor. assigned by the Speaker or President. Some bills consisting entirely of appropriations requests are referred solely to the Appropriations Committee. Caucus

KMIi mk 40 Arizona Legislative Manual Caucuses provide the political parties in each of bills ready for caucus discussion and other house with a forum for discussing and, if possible, scheduling demands, the caucuses of each party achieving party consensus on legislation and typically meet at the same time. The time and various other issues such as the state budget and, place of the meetings are usually announced from in the Senate only, the Governor’s nominations the floor of each house on the day the caucuses to state agencies, boards and commissions. Since will meet. it is impossible for legislators to attend all standing committee meetings, they may know Both Senate and House Rules require that, little or nothing of many bills until they are with certain exceptions, all meetings of political brought to caucus. Meetings of the caucuses are party caucuses be open to the public. However, conducted as part of the legislative process to individuals other than legislators and staff are review legislation that has cleared the assigned not invited to participate directly. A caucus may committees but before consideration and formal conduct a closed meeting to elect its own officers debate by the full chamber. and officers of that chamber and to discuss limited matters permitted in executive session, The caucus whip normally presides at the such as personnel and legal considerations. The caucus meeting, and legislative staff and sponsors House and Senate Rules also require each caucus explain the measures and answer questions. The to establish procedures for convening authorized legislation is not formally debated or voted on in executive sessions. caucus, but the reaction of caucus members may reveal the level of support or opposition the sponsor may find on the floor. It is at this time Calendars when members of the caucus discuss possible floor amendments that may be offered during Senate and House Rules refer to the following Committee of the Whole. Bills are usually categories of calendars of business reported from discussed simultaneously at majority and standing committees: minority caucus meetings so they can proceed to the floor expeditiously. ! A calendar consisting of all bills and other measures that have been reported from All bills that make it to caucus either go the committees. In the House this is called forward in the legislative process (i.e., “get out the “House Calendar.” In the Senate it is of caucus”) or are tabled for further research or called the “Calendar of the Committee of discussion at a later date. However, every bill the Whole.” These calendars are simply a must be “caucused” (i.e., discussed by the caucus) list of bills and other measures that are before it can be considered by the entire chamber ready for further action by the full during Committee of the Whole. Although both chamber. In the Senate, bills, resolutions the majority and minority caucuses review bills, and memorials must remain on the only the majority caucus, through its legislative Calendar of the Committee of the Whole leaders, has the power to impede a bill’s progress for at least five days before they can be or kill it altogether. placed on the active calendar unless the Senate authorizes the President to place Generally, each caucus meets at least once a them on the active calendar earlier. In the week during the regular legislative session, but House there is no five-day rule. during the latter part of the session, with more pending legislation, the caucuses meet more ! An Active Calendar of the Committee of frequently. Although the meeting times may vary the Whole (so called in both houses) throughout the session depending on the number consisting of bills the Speaker or President

KMIi mk The Legislature in Operation 41 selects for consideration by the respective have been favorably reported out of all standing Committee of the Whole. The Speaker and committees to which they have been assigned President may, but are not required to, and have been heard in the majority and minority select any bill for the Active Calendar and caucuses. may use this prerogative to delay or prevent the further progress of a bill they To convene Committee of the Whole, after oppose or expedite a bill they support. routine business on the daily calendar has been ! A Consent Calendar (called a “Unanimous completed, a motion is made that the chamber Consent Calendar” in the Senate) resolve itself into Committee of the Whole for consisting of unamended bills reported out consideration of bills on the Active Calendar. of all assigned committees. Unless a After approval of this motion, the Speaker or member objects to a measure on the President appoints a member of the chamber to Consent Calendar, these bills are act as chairman of the committee and to preside “accepted” and bypass the Committee of over the committee deliberations. The the Whole and proceed directly to third chairmanship of COW generally rotates among reading. In the House, a member has three the members of the chamber. However, some working days to protest a bill being so members who are particularly adept at accepted. In the Senate the time period is parliamentary procedure and are able to move 48 hours, excluding nonworking days, to the debate and proceedings along efficiently and protest. Any member may protest for any effectively may act as COW chairperson several reason, and a protest automatically times during a legislative session, while others removes the bill from the consent calendar may prefer not to preside and are never appointed and places it on the Calendar of the as chairperson. Committee of the Whole for floor debate. A majority of the members of a chamber ! Third reading calendar and Senate constitutes a quorum to conduct business in calendars that will be more fully discussed COW. To open COW deliberations, the chairman under Third Reading, below. asks that the title of the bill be read by the Chief Clerk in the House or the Secretary in the Senate. This function is generally performed by the reader Committee of the Whole and is usually considered to be the second reading in the House. In the Senate, however, the bill Committee of the Whole (short for has been second read previously on referral to Committee of the Whole House or Committee the standing committees. of the Whole Senate, usually referred to simply as “COW”) is made up of the entire membership Floor Debate of the House or the Senate. This is the stage in the legislative process when the full chamber has After the title of the bill has been read, the the opportunity to debate and amend bills. The chairman calls on the sponsor of the bill or the purpose of the Committee of the Whole is to chairman of a committee from which the bill was allow all members of the entire body more favorably reported to make the appropriate complete and informal discussion of measures motion, which opens the bill to debate and than could be had under the ordinary rules of amendment. The measure’s sponsor or the procedure. Committee of the Whole is open to appropriate committee chairman usually begins the public, but no public testimony is taken. debate. Any member may speak after first being recognized by the chairman. A legislator Bills are referred to the Committee of the indicates a desire to speak by standing up or Whole in the House or the Senate only after they

KMIi mk 42 Arizona Legislative Manual signaling with a microphone. Amendments that are first proposed during the proceedings of the Committee of the Whole and Although both the House and Senate Rules that have not previously been reported from contain provisions relating to proper decorum standing committees are called “floor to be used during debate, COW deliberations are amendments.” COW provides members with an fairly informal and legislators are generally free opportunity to amend bills that were not assigned to say whatever they wish and to speak as long to the committees of which they are members. and as often as they wish if they are recognized Opponents of a measure often use the opportunity by the chairman. to present floor amendments to weaken a bill, to offer alternatives to portions of the bill or to “send If there are amendments to the bill that were a message” regarding areas of dissatisfaction with favorably reported out of standing committees, a bill. these amendments must also be approved during COW. It is important to note that although a A floor amendment may amend the printed committee amendment has already been bill or may be an amendment to an amendment. approved by the standing committee in which “Strike everything” amendments, however, may the bill was heard before it reached COW, that not be considered in COW. Floor amendments amendment is not yet considered to be are adopted or rejected in the same manner as incorporated into or a part of the bill until it is committee amendments; each amendment is considered separately and adopted by the COW. considered separately and is debated and accepted or rejected by voice vote. If one or more Amendments are considered in a similar amendments are adopted in COW, the sponsor manner as the bill itself. After the sponsor or of the bill will move that the bill do pass “as appropriate committee chairperson has opened amended.” A final voice vote is then called on the bill to debate by presenting the appropriate the bill as amended. motion, the committee chairperson is then called on to explain the amendment and open debate Bills on the Active Calendar of the Committee on that amendment. Amendments are adopted of the Whole may be “cleared,” meaning that a or rejected by voice vote. vote has been taken on the bill, or “retained.” A bill that is retained is skipped over and returned After a bill has been fully debated and anyone to the House Calendar or the Calendar of the wishing to speak has been given an opportunity Committee of the Whole, perhaps to be heard in to do so, the chairman will call for a voice vote COW on another day or never again. After all in recommending that the bill be passed. A voice bills on the Active Calendar have been either vote is taken with members present responding cleared or retained, the Committee of the Whole either “aye” or “nay.” The chairman listens to report is approved, again by voice vote. The determine what response has received the Committee of the Whole report includes all bills majority of votes. If any legislator wants to and their adopted amendments that have been challenge or confirm the chairman’s favorably reported out of COW. determination, or if the chairman is in doubt, a standing vote may be taken. During COW, roll Once a bill has been favorably reported out call votes are used only to formally confirm that of the Committee of the Whole it is placed, in a bill has failed to receive a do pass the Senate, on the Senate Calendar. In the House, recommenation. this calendar is called the Third Reading Calendar. These calendars indicate that the listed bills are Floor Amendments eligible to be considered for third reading.

KMIi mk The Legislature in Operation 43 Engrossing and no amendments may be proposed during third reading. Members are allowed, however, A bill that has been reported out of to “explain” their votes and occasionally use that Committee of the Whole is forwarded to opportunity to persuade wavering members to Legislative Council for engrossing. This means their side. Unlike in Committee of the Whole that all amendments that were adopted in COW where a measure is approved by voice vote, are now incorporated into the bill. The engrossed indicating that the majority of those voting bill is reprinted, on green paper for a House approves, for a measure to pass on third reading engrossed bill or on goldenrod paper for a Senate it must receive the support of a majority all of engrossed bill. From this point forward, a bill the members of the chamber. Therefore, in the and its adopted amendments are considered as Senate, a bill must receive at least 16 votes to a whole and any further actions on the bill will pass, while in the House 31 votes are required. refer to the engrossed bill. A bill is always This means that members absent during a roll engrossed before third reading (or final passage). call vote effectively vote against the measure.

Occasionally an issue that requires attention While the Arizona Constitution requires that or correction is discovered after a bill has already most bills receive the support of a majority of been “COWed.” Normally, a bill once COWed the members of a chamber in order to pass, “Prop cannot be further amended in that body. No 108” and “emergency” bills require the support amendments are allowed in third reading. of a “supermajority” (two-thirds of the members However, the Senate and House Rules allow each of a chamber) to pass. A Prop 108 bill raises state body to address these matters by “sitting as in” revenues by increasing taxes or fees. Emergency Committee of the Whole (“sit COW”). The bills are those that must take effect before the process basically returns the bill to an Active general effective date to protect the public peace, Calendar for amendment. Since sit COW breaks health or safety. Both Prop 108 and emergency the routine order of business, it is allowed by bills are effective immediately on signature by leadership only in extraordinary circumstances the Governor. and for limited corrective purposes. After a measure has been passed on third reading, the Speaker or President will sign it and Third Reading direct the Secretary or Chief Clerk to transmit it to the other chamber (except for simple Once a bill has been engrossed, the President resolutions and simple memorials that are or Speaker usually places the measure on the directed to the Secretary of State’s office instead calendar for third reading. In both the House and of the other chamber). Senate, third reading is a formal voting process.

Like Committee of the Whole, the third Second House Consideration reading of bills is also one of the regular orders of business of the House and Senate. When this When a bill is passed by the chamber in which portion of the daily calendar is reached, the it originated, it is then sent to the second house President or Speaker requests that each bill be where it is required to go through the entire read for a third and final time. process all over again. The bill will be referred by the Speaker or President to standing Once the reader has read the title of a bill, voting on the measure occurs by means of electronic roll call votes. No debate is allowed

KMIi mk 44 Arizona Legislative Manual committees, including the Rules Committee, for conference committee members from that hearings and amendment, it will be discussed in chamber. the majority and minority caucuses and it will be debated and possibly amended in the Conference committees are made up of an Committee of the Whole and move on to third equal number of members from both the House reading. That is, of course, if everything moves and the Senate. A conference committee is not a along smoothly for the bill. During any of these joint committee but a joint meeting of two stages in second house consideration, as was also committees. The required quorum is a majority the case when the bill was being considered in of each of the two committees, and each of the its house of origin, the bill may be amended, be committees votes separately. Particularly during held or fail to pass. the waning hours of a session, conference committees may become informal proceedings, If a bill passes out of the second house without but their meetings are open to the public and being amended, and is therefore exactly the same public testimony may be allowed. There are two version that passed out of its originating house, types of conference committees: the bill is returned to the originating house and — A simple conference committee must limit is then transmitted to the Governor. its actions to only those areas where differences exist between the House and Senate versions of a bill and may only Concur, Refuse, remove language from those versions or Conference Committees choose one or the other version. — A free conference committee may It is not uncommon for a bill to be amended consider entirely new provisions in in the second house of consideration, thus addition to the provisions in the House causing the version of the bill that passes out of and Senate versions, but it may not adopt the second house to be different from the version a “strike everything” amendment, and the that passed out of its house of origin. Sometimes adopted amendments must be amendments made in the second house are constitutional and germane to the bill. relatively insignificant while at other times dramatic changes are made. For a bill to pass If no agreement is reached reconciling the the Legislature and be transmitted to the House and Senate versions of a bill, the President Governor, however, the House and Senate must and Speaker may discharge the conference and first agree on the exact same version of a bill. accept an earlier version of the bill or else the bill fails in conference and moves no further in When legislation is returned from the second the process. If an agreement is reached, the house in a different form, two actions may be conferees issue a conference committee report employed to reconcile the House and Senate that is drafted in a manner similar to an versions. The chamber of origin may concur with amendment, referencing an engrossed version of and accept the amendments made by the second the bill. Occasionally, some members of a house or the chamber of origin may refuse to conference committee may oppose the concur and request that a conference committee conference agreement and issue a minority be appointed. In the case of concurrence, the report. bill is delivered to the caucuses for discussion and then proceeds to final passage. In the case of refusal to concur, the Speaker or President appoints members of a conference committee and notifies the other presiding officer to appoint

KMIi mk The Legislature in Operation 45 When the conference committee report is “enrolled” bill, resolution or memorial) is signed, it, together with any minority reports, is transmitted either to the Governor or the delivered to the Speaker and President who refer Secretary of State. Bills and joint resolutions are the bill with the reports to the different caucuses. sent to the Governor and require the Governor’s After caucus discussion, the conference report signature or acquiescence to become law. is considered and adopted or rejected by the second house (the house that did not originate Simple and concurrent resolutions and the bill) and then by the house of origin. Once memorials do not require the Governor’s the identical conference report is adopted by both approval but are sent instead to the Secretary of houses, the conference amendments are State who files them as a matter of public record engrossed into the bill and a “conference or otherwise handles them according to their engrossed” version of the bill is printed containing instructions. Memorials may instruct the all of the adopted amendments, and the bill is Secretary of State to forward them to officials in placed on the calendars of both houses for final the federal government or in another state. passage. If either house rejects the conference Concurrent resolutions may have to be report, the leadership must decide whether to submitted to the voters at a coming election. direct the conference committees to reconvene and try again or abandon the effort and allow the bill to die. Gubernatorial Action

Once a bill (or joint resolution) reaches the Final Passage and desk of the Governor, the Governor must act on Transmission to Governor or the bill in one of the following ways: sign the bill, transmit the bill to the Secretary of State Secretary of State without his or her signature or veto the bill.

If the house of origin concurs in the The Governor has five days (not including amendments to a measure adopted by the second Sundays) while the Legislature is in session and house, it proceeds to final passage in the house ten days once the Legislature adjourns to act on of origin. a bill. A bill is enacted into law if the Governor either signs the bill within the five or ten day If the measure has been to conference time frame or allows the deadline to pass without committee and both houses have adopted the taking action on the measure. Once a bill is conference committee report, the measure is enacted into law by either of these means, it is ready for final passage in both houses. In this filed with the Secretary of State where it receives process, the house of origin conducts a roll call a number, known as a chapter number, that is vote on the final version of the bill, resolution or given in chronological order based on when the memorial and, if it passes, transmits the measure enactment was filed. Legislation that has been to the second house for a similar roll call vote. If enacted into law is known as an act and is approved by the second house on final passage, referred to by its chapter number. the second house returns the bill to the house of origin. Of course the Governor also has the option of vetoing a bill. A vetoed bill is dead unless the When all of the votes have been taken on a Legislature is still in session and is able to garner measure and the President and Speaker have signed it and all other administrative actions are completed, the measure (now known as the

KMIi mk 46 Arizona Legislative Manual enough votes in favor of the bill to override the Governor’s veto. Two-thirds of the members in both houses of the Legislature must vote in favor of the bill to override a veto by the Governor. If the measure contains an emergency clause or is a Prop 108 bill, the approval of three-fourths of each house is needed.

The Constitution of Arizona also provides the Governor with the line-item veto. The line-item veto allows the Governor to veto specific items in appropriations bills. The Legislature may also override a line-item veto.

If the Governor vetoes a bill or an item in an appropriations bill, a message is sent to both chambers outlining the reasons for this action.

All of the bills, resolutions and memorials that are enacted, and all veto messages, are compiled and published in the Session Laws.

Effective Date

Most legislative enactments become effective 90 days after the close of the legislative session. The purpose of the 90-day interim period is to allow opponents of enacted legislation time to circulate referendum petitions to prevent the legislation from taking effect until the voters have the opportunity to approve or reject it at the next election. If no valid petition is filed with the Secretary of State within 90 days, the measure takes effect on the 91st day (known as the general effective date) or on some later date specified in the bill.

There are exceptions to this 90-day delay. Enactments for which the general effective date does not apply are: emergency laws, laws that provide for the “support and maintenance” of state agencies and institutions and laws that increase state revenue by raising taxes and fees, otherwise known and referred to as “Prop 108" bills. The Arizona Constitution provides that these three kinds of laws become effective immediately when the Governor signs them.

KMIi mk The Legislature in Operation 47 KMIi mk 48 Arizona Legislative Manual Example of the Progress of a Bill Through the Legislature LEGISLATIVE HISTORY REPORT Forty-third Legislature - First Regular Session

SB 1321 SPONSORS: DAY P1 GRACE P MARSH P

TITLE: Health insurance; portability; accountability

SENATE FIRST READ: 02/03/97 SECOND READ: 02/04/97

COMMITTEES: ASSIGNED COMMITTEES ACTION 02/04/97 HEALTH 02/18/97 (9-0-0-0)2 DPA3 02/04/97 RULES 02/24/97 PFCA4

MAJORITY CAUCUS: 02/27/97 Y MINORITY CAUCUS: 02/25/97 Y

COW ACTION: 03/03/97 ACTION: DPA AMENDMENTS Health amendment adopted Rules amendment adopted

SIT COW ACTION: 03/10/97 ACTION: DPA AMENDMENTS Spitzer floor amendment adopted

THIRD READ: DATE AYES NAYS NV EXC EMER AMEND RFE RESULT 03/10 29 0 1 0 Y

TRANSMIT TO HOUSE: 03/10/97

HOUSE FIRST READ: 03/20/97

COMMITTEES: ASSIGNED COMMITTEES ACTION 03/20/97 BI5 03/25/97 (10-0-0-1-0) DPA 03/20/97 RULES 04/08/97 (12-0-0-1-0) AMEND C&P

SECOND READ: 03/21/97

MAJORITY CAUCUS: 04/09/97 Y MINORITY CAUCUS: 04/09/97 Y

COW ACTION: 04/11/97 ACTION: DPA AMENDMENTS BI passed as amended Marsh floor amendment to bill passed Rules amendment passed

THIRD READ: DATE AYES NAYS NV EXC EMER AMEND RFE RESULT 04/16 54 4 2 0 Y PASSED

The Legislature in Operation 49 TRANSMIT TO SENATE: 04/16/97

MAJORITY CAUCUS: 04/17/97 Y MINORITY CAUCUS: 04/17/97 Y Conference committee recommended

CONFERENCE COMMITTEE: SENATE: APPOINTED 04/17/97 FREE MEMBERS: DAY, GRACE, RICHARDSON E

CONFERENCE COMMITTEE: HOUSE: APPOINTED 04/17/97 FREE MEMBERS: KYLE, MARSH, NEWMAN RECOMMENDATION: That the Senate accept the House amendments and the bill be further amended. CORRECTED REPORT: Y HOUSE ADOPT: 04/19/97 SENATE ADOPT: 04/19/97

SENATE FINAL READ: DATE AYES NAYS NV EXC EMER RFE RESULT 04/19 27 2 1 0

TRANSMIT TO HOUSE: 04/19/97

HOUSE FINAL READ: DATE AYES NAYS NV EXC EMER RFE RESULT 04/19 55 5 0 0 PASSED

TRANSMIT TO SENATE: 04/19/97

TRANSMITTED TO: GOVERNOR 04/19/97 ACTION: SIGNED 04/29/97 CHAPTER: 251

1. Prime sponsor 2. The committee vote was 9 ayes, 0 nays, 0 not voting and 0 excused 3. The committee recommendation was that SB 1321 “Do Pass with Amendments” 4. The Senate Rules Committee found the bill was in “Proper Form, Constitutional, with Amendments” 5. Banking and Insurance Committee

1981 1991 1997 Number of folders opened for drafting: 1,186 1,602 1,588 Number of bills, resolutions and memorials introduced: 941 1,030 1,114 Number of bills, resolutions and memorials passed by the Legislature: 347 359 320 Number of bills vetoed by the Governor: 15 12 7 Length of regular sessions in the year: 104 days 160 days 99 days Number of special sessions in the year: 7 4 1

50 Arizona Legislative Manual Chapter Seven The State Budget Process

reparing the state’s annual spending plan which begins to develop its own budget is ayear-round process that determines the proposals. Analysts from each office work closely Psize and scope of government in Arizona. with the budget unit financial officers to Two state agencies share the responsibility for determine the programs and funding for each developing the annual budget. They are the Office agency function. of Strategic Planning and Budgeting (OSPB) in the executive branch and the Joint Legislative Between September 1 and the opening day of Budget Committee (JLBC) in the legislative the legislative session, the executive and branch. legislative staffs review the budget submissions and prepare the executive budget On or before June 1 of each year, OSPB issues recommendations and the proposed legislative instructions to the state budget units (agencies) budget recommendations, respectively. These to guide them in preparing their budget requests documents contain operating and capital outlay for the fiscal year (July 1 through June 30) expenditure plans, estimated revenues and following the calendar year in which the budgets federal funds proposals. are prepared. Currently, the budget units are classified as major budget units (the 11 largest Annually, no later than five days after the agencies comprising about 90 percent of the regular legislative session convenes, the budget) and small budget units (about 100). The Governor must submit a budget to the major budget units submit budgets each fiscal Legislature. The budget must contain a complete year, and the small budget units submit their plan of proposed expenditures and all monies requests for the next two fiscal years. Beginning and revenues estimated to be available. Also in 1998, all budget units and the state budget required is an explanation of the basis of the process will be on a two-year cycle. estimates and recommendations, including proposed legislation, if any, that the Governor The budget units must submit their requests deems necessary to provide revenues to meet the to the Governor by September 1, or within an proposed expenditures. JLBC must then prepare extension of 30 days thereafter if approved by an analysis of the Governor’s budget as soon as the director of OSPB. OSPB sends a copy of each possible, with recommendations for revisions in agency’s budget request to the staff of the JLBC, expenditures.

KMIi mk The State Budget Process 51 been considered during a special session of the Legislative review and deliberation of the two Legislature to provide time for their enactment budget options begin shortly after the regular before the beginning of the new fiscal year on session convenes. Public hearings occur before July 1. The capital outlay bill is for the purchase both the Senate and House Appropriation and construction of land and buildings. The Committees. The committees may adopt the reconciliation bills are used for statutory executive budget or the JLBC staff budget, or they adjustments that must be implemented to carry may elect to adopt a budget containing elements out the adopted budget. A bill to pay past claims of both budgets or entirely new elements. against the state, known as the “named claimants bill,” and numerous supplemental appropriations The Appropriations Committees of each bills are also considered during each regular house have responsibility for developing their session of the Legislature. Once adopted, the bills own budget recommendations. Both committees are presented to the Governor for approval. are divided into subcommittees that cover the broad functional areas of state government. The In addition to the normal options of signing approximately 115 state agencies are divided or vetoing the bills or allowing them to become among three subcommittees in a manner that law without his signature, the Governor may attempts to equalize work loads. The budget is “line-item veto” individual items of developed through a process that includes public appropriations. The Legislature may attempt to hearings, subcommittee deliberations and caucus override a line-item veto in the same manner as deliberations. During the first week of the a normal veto override attempt. session, the JLBC staff briefs the Appropriations Committees on the JLBC budget Originally enacted in 1993, a budgetary recommendation. The staff also compares and process called “program authorization review” contrasts its recommendation to the Governor’s (PAR) requires each state agency to develop plans recommendations. The next step is for and performance measures to support its budget subcommittees to “adopt” their budget requests. The agency responsible for a program recommendations for each agency. The subject to PAR initiates the process by conducting subcommittee provides recommendations with a self-assessment of the program. This assessment regard to funding levels, the number of answers specific questions in six categories: authorized full-time equivalent (FTE) positions, background information, program funding, footnotes containing directions and limitations strategic planning, performance measurement, on how the money should be spent, statutory performance results and other issues posed by revisions and appropriations report guidance. On the Legislature, the executive branch or the completion of the subcommittee work, full agency. Agencies are required to submit their committee work and caucus deliberations, the written self-assessments to the OSPB and JLBC full House and Senate will consider the general by April 1 of the preceding year. In the second appropriations bill with the goal of having the phase, the OSPB and JLBC staffs jointly review legislation to the Governor before the end of the agency self-assessments and gather additional March. information, as appropriate, to validate agency responses. Together the two staffs prepare a draft During the legislative session, public hearings report of their findings for each of the programs are conducted, and before July 1 the budget is under review. In late August and early September, adopted by the Legislature through the passage agencies are afforded an opportunity to review of a general appropriations act, a capital outlay and comment on the draft reports. The OSPB and bill and various omnibus reconciliation bills JLBC staffs then determine whether revisions are (ORBs). In recent years, the budget bills have necessary based on the additional information

KMIi mk 52 Arizona Legislative Manual provided by the agencies. In mid-September, each building renewal and for preparing capital agency again reviews the final product and improvement plans. prepares a formal response for inclusion in the ! Review the state capital improvement plan published reports. By law, the OSPB and JLBC and make recommendations to the staffs are required to publish a final joint report Legislature concerning funding for land for each PAR on October 15. The staffs also acquisition, capital projects and building prepare a composite PAR document that is renewal. provided to each legislator, the Governor and the affected agencies. In the third phase of the ! Review the expenditure of all monies PAR process, joint program authorization review appropriated for land acquisition, capital committees hold at least one public hearing to projects and building renewal. recommend whether to retain, eliminate or ! Before the release of monies for modify (REM) funding and related statutory construction of a new capital project that references for the programs. The program has an estimated total cost of more than authorization review committees oversee the $250,000, review the scope, purpose and preparation of any proposed legislation to estimated cost of the project. implement their recommendations. OSPB and JLBC staffs have the option of providing their The state operating budget is prepared and REM recommendations to the committees before enacted using what is called the cash basis of their hearings. accounting. Budgetary cash basis of accounting recognizes expenditures when they are estimated The Joint Committee on Capital Review was to be paid and revenues when they are estimated established by the Legislature in 1986 and to be received by the State Treasurer. Budgetary consists of 14 members, including the chairmen control is maintained through legislative of the Senate and House of Representatives appropriation and an executive branch Appropriations Committees, the Majority and “allotment process.” The allotment process Minority Leaders of the Senate and the House, allocates appropriations into quarterly four members of the Senate Appropriations allotments according to the appropriation level. Committee appointed by the President and four The state also maintains an encumbrance members of the House Appropriations accounting system to further enhance budgetary Committee appointed by the Speaker of the control. With the exception of capital outlay House. The primary powers and duties of the items, encumbrances outstanding at the end of Joint Committee on Capital Review relate to the fiscal year can be paid during a four-week ascertaining facts and making recommendations administrative period known as the 13th month. to the Legislature regarding state expenditures Capital outlay appropriations and their for land, buildings and improvements. This encumbrances continue until the project is portion of the state budget is known as “capital completed or abandoned. Unspent outlay.” The Committee has the following powers appropriations revert to the state general fund and duties: after the 13th month unless they are specifically ! Develop and approve a uniform formula exempted from lapsing, in which case they are for computing annual building renewal retained in the agency fund until they are used, funding needs and a uniform format for as determined by the Legislature. the collection of data for the formula. ! Approve building systems for the purposes of computing and funding

KMIi mk The State Budget Process 53 KMIi mk 54 Arizona Legislative Manual Chapter Eight

Legislative Oversight

Sunset Review of State Audit Committee may direct the Auditor General to conduct a performance audit to determine: Agencies and Programs ! Whether the agency is managing or using its resources in an economical and efficient unset review is the process by which the manner. Legislature reviews the purpose and functions of state agencies and programs ! The reasons for inefficiencies or S uneconomical practices. on a scheduled basis to determine whether the agency or program should be retained and ! Whether the desired results are being continued or revised, consolidated or achieved. terminated. Most state agencies and some ! Whether the objectives established by the programs have assigned sunset termination dates Legislature are being met. on which the agency or program terminates automatically, unless the Legislature takes action The committee must submit a preliminary to continue it. report to the Governor, the Legislature’s standing “committee of reference” and the agency by The sunset review process is initiated by the October 1 of the year before the agency’s Joint Legislative Audit Committee when it reviews scheduled termination date. The committee of the list of agencies that are scheduled for reference conducts public hearings regarding the termination and determines which agencies preliminary report and prepares the final sunset should be subject to sunset review. The review report for the Governor, legislative committee must initiate this process at least 19 leadership and the Auditor General. The months before the agency’s scheduled committee of reference is responsible for termination date and must complete a draft preparing any legislation that is necessary to sunset review report at least 11 months before implement its recommendations. that date. The agency under review is given an opportunity to review the draft and to submit Sunset review should not be confused with written comments and rebuttals. the sunrise process, which is an evaluation of the desirability of new regulations for a health- To assist in its review the Joint Legislative

KMIi mk Legislative Oversight 55 related profession. and forwards the individual’s nomination papers to the President of the Senate. The President transmits these papers to an appropriate standing Administrative Rules committee whose subject area is related to the Oversight Committee agency involved in the appointment. The committee chairman has discretion whether to hold a hearing to consider the nomination, but if In 1995, the Legislature established a formal the chairman refuses to hold the hearing, the method for reviewing the actions of President may remove the nomination from the administrative agencies by establishing the committee and bring it directly to the floor. The Administrative Rules Oversight Committee. The normal process, however, is for the standing committee may review any proposed or adopted committee to hold a hearing to interview the rule, summary rule or substantive policy nominee and receive testimony from other statement to determine if it conforms with interested individuals who may support or statute and legislative intent. The committee also oppose the nomination. The committee then provides citizens with a forum to bring votes by roll call and issues its report complaints concerning rules that are alleged to recommending whether the Senate should be duplicative or onerous. “advise and consent” to the nomination. The committee consists of ten legislators and After the committee recommendation is one other person who is appointed by the issued to the full Senate, the nominee’s name goes Governor. The committee may hold a hearing onto a list of nominations awaiting confirmation on any rule or complaint and may comment to where, absent unanimous consent, it must remain the agency, the Governor’s Regulatory Review for at least seven calendar days. Unlike bills, a Council, the Attorney General and the nomination does not go to the Committee of the Legislature. Whole. When it is brought to the floor, the nomination is placed on the last item in the order Senate Advise and of business for a vote on the question, “Will the Senate advise and consent to this nomination?” Consent on Gubernatorial It is voted on by voice vote unless a roll call vote Appointments is requested. If a nomination is approved, the Senate Secretary delivers a resolution of consent, Among the checks and balances that the certified by the President of the Senate, to the Legislature possesses is the power of the Senate Secretary of State, who notifies the Governor. If to confirm, or reject, gubernatorial appointments a nomination is rejected, the Senate Secretary to certain executive branch offices. There are notifies the Governor directly. A rejected hundreds of government offices in the executive nominee cannot serve in the office, and the branch that are filled by appointment by the Governor must nominate another person. Governor. These offices include department heads and members of boards, commissions and If the Senate does not take action on a study committees, and many are required by law nomination or if a nomination is made when the to be approved by a majority vote of the Senate Legislature is not in session, the nominee assumes before the appointment officially becomes the duties of the office subject to confirmation effective. during the next legislative session. However, a nominee cannot serve longer than one year after When Senate confirmation is required, the nomination without Senate consent. Governor nominates an individual to fill the office

KMIi mk 56 Arizona Legislative Manual Chapter Nine

Impeachment

mpeachment is a rarely used legislative those who have abused their power or breached process for removing a public officer or the public trust. If an officer resigns after I judge from office. It is one of the Legislature’s impeachment proceedings have begun against checks and balances against the other branches him, the impeachment becomes moot and the of government. Impeachment derives from 14th proceedings end. century England when the royal ministers became accountable to Parliament rather than to the King. The framers of the United States Investigation and Constitution, recognizing the potential for Indictment by House of misdeeds and oppression by powerful government officers, gave Congress the power Representatives of impeachment. The states have relied on this historical perspective to adopt their own Technically, “impeachment” refers only to the versions of the impeachment power. All state investigation and indictment phase of the process constitutions, except Oregon’s, provide for of removing an official from office. Article VIII, impeachment of elected officials. part 2, section 1, Constitution of Arizona, provides that “[t]he House of Representatives Arizona’s Constitution, like most states, shall have the sole power of impeachment. The provides for a two-step process for removing an concurrence of a majority of all the members official by impeachment. Under this process, an shall be necessary to an impeachment…” official is “impeached” by the House of Additionally, section 38-312, A.R.S., provides: Representatives, i.e., charged with “high crimes, misdemeanors and malfeasance in office,” and Impeachment shall be instituted in the house then tried, and either convicted or acquitted, by of representatives by resolution, and shall be the Senate. conducted by managers elected by the house of representatives, who shall prepare articles Impeachment is a political, rather than a of impeachment, present them at the bar of criminal, proceeding. The purpose of the senate and prosecute them…. impeachment is not to punish the wrongdoer but to protect the public by removing from office Extensive preliminary work is always

KMIi mk Impeachment 57 conducted before the House issues a resolution Court presides over the Senate sitting as a Court and votes on impeachment. If there are of Impeachment. The Chief Justice serves only allegations against an official that are so serious as the Presiding Officer to conduct the hearing, that removal from office may be imperative, the however, and does not vote. If the Chief Justice House will conduct an investigation into the is disqualified for any reason, the Senate must charges. The investigation may be done by an elect another Justice of the Supreme Court to independent investigator hired by the House or preside. During the ten-day organization period by a House committee, or by both an investigator the Chief Justice and Senate leadership meet to and committee, having all the powers of the full prepare for the trial. They must appoint a clerk, Legislature to compel attendance of witnesses who may be the Secretary of the Senate, a and production of evidence by subpoena. If a marshal, who is the Sergeant at Arms, and an special committee conducts hearings to gather assistant marshal. The Court of Impeachment evidence in the matter, it may adopt special rules may also employ clerical, legal and other of procedure. assistants as required. The court also drafts procedural rules to govern the order of the trial. If the investigation finds that there is probable cause to believe that the official has committed On the first day of the hearing, the accused high crimes, misdemeanors or malfeasance in officer is required to appear and enter a plea or office, the House will proceed to consider a object to the sufficiency of the articles: resolution of impeachment. As required by the ! If the officer pleads guilty or refuses to Arizona Constitution, the resolution must be enter a plea, the court may enter judgment adopted by a majority of all members of the against the officer. House (at least 31 votes). At the same time, the House will elect several of its members to a ! If the officer fails to appear, the court may “board of managers” to prepare the articles of reschedule the hearing or proceed without impeachment or formal written allegation of the the accused. causes for an impeachment. The articles of ! If the officer submits written objections impeachment may be submitted for approval by to the sufficiency of the articles, the court the full House, but this approval is not required may sustain or reject the objections and, by law. The managers may hire legal counsel and if rejected, the officer must answer the other staff to prepare and support the articles of impeachment. prosecution in the Senate. ! If the officer pleads not guilty, the court proceeds to try the impeachment. Trial by Senate If the impeachment proceeds to trial, the hearing is conducted according to the rules of An officer who has been impeached by the procedure adopted for the Court of House of Representatives must be tried by the Impeachment. The procedure has general Senate. The board of managers from the House similarity to a court trial with lawyers presents the articles of impeachment to the representing the accused and the House’s board Senate, and the Senate then has ten days to of managers, preliminary motions, opening organize itself into a Court of Impeachment. A arguments, presentation of evidence, witnesses copy of the articles of impeachment are also who are examined and cross-examined and served on the accused officer to formally notify closing arguments. The court may use the and inform the officer of the charges. subpoena power of the Legislature to compel witnesses to appear or to produce evidence. The Chief Justice of the Arizona Supreme Immunity from prosecution may be afforded

KMIi mk 58 Arizona Legislative Manual witnesses who are compelled to give testimony while in office and (3) misuse of funds. After a or produce evidence that is privileged under the five-week trial, the Senate dismissed count United States or Arizona Constitution. If a witness number 2, convicted him on counts 1 and 3 and neglects or refuses to obey a legislative subpoena removed him from office. However, in a separate or to testify, the court may hold the person in vote the Senate failed to disqualify Evan Mecham contempt of the Legislature. After the testimony from subsequently holding public office. and examination of witnesses are complete, the lawyers present their closing arguments.

The Senators serve as judges in the Court of Impeachment. They may participate by asking questions of the witnesses and the Presiding Officer and making procedural motions. At the end of the closing arguments, the Senators must vote on each article of impeachment before the court. A two-thirds vote of all members of the Senate (at least 20 votes) is required to sustain an article of impeachment and convict the officer. A person who is convicted by a Court of Impeachment is removed from office. The Constitution also provides that the person may further be disqualified (again on a two-thirds vote) from ever again holding office under the Constitution and laws of the state. If the person is acquitted on each article of impeachment, the judgment of acquittal allows the person to remain in office.

Historical Perspective

Impeachment is rarely used. There have been only three impeachment proceedings in Arizona through 1997. In 1933 two members of the Arizona Corporation Commission were impeached. One resigned before the proceedings began, and the other was acquitted on all counts in the articles of impeachment. Again in 1964, two members of the Arizona Corporation Commission were impeached. The Senate voted to acquit both men of all charges that had not already been dismissed.

In 1988 the House of Representatives impeached Governor Evan Mecham on three charges: (1) obstruction of justice, (2) false sworn statements relating to official filings made

KMIi mk Impeachment 59 KMIi mk 60 Arizona Legislative Manual Chapter Ten Legislative Service Agencies

Legislative Council Manual, the Arizona Revised Statutes Internal Reference Manual, the Annual Report on Defects in the Arizona Revised he Legislative Council is a statutory Statutes and State Constitution and the committee of the Legislature chaired in Digest of Laws. T alternate years by the President of the Senate and the Speaker of the House of ! Perform the enrolling and engrossing of Representatives and includes six additional bills, memorials and resolutions. members from each chamber. The Council staff ! Provide computer support for the House provide a variety of nonpartisan bill drafting, of Representatives, the Senate and research, computer, clerical and other additional legislative service agencies. administrative services to all of the members of ! Maintain an Internet site for the both houses of the Legislature. Legislature. The site provides information regarding the content and status of bills, Under the direction of an Executive Director legislative committees and district appointed by the Council, the professional staff boundary maps. of the Council: ! Provide professional, technical and clerical ! Prepare all bills, memorials and assistance to various committees and offices resolutions and numerous amendments of the Legislature, including the for consideration during each legislative Constitutional Commemoration session. Committee (established to promote public ! Review every law passed by the understanding of the United States Legislature, make technical corrections Constitution and the Bill of Rights through and draft explanatory notes where educational programming and celebration appropriate before delivering the official activities) and the Administrative Rules version of the laws for publication. Oversight Committee (established to ! Perform legal and other policy-related review adopted rules, summary rules or research at the request of legislators. substantive policy statements for conformity with statute and legislative ! Publish annual editions of the following intent and to receive complaints from the reports: Arizona Legislative Bill Drafting

KMIi mk Legislative Service Agencies 61 public and recommend legislation to political subdivisions. alleviate the effects of duplicative or ! An annual Appropriations Report, which is onerous rules or substantive policy published shortly after the budget is statements). completed and provides detail on the budget along with an explanation of Joint Legislative Budget legislative intent. ! Management and fiscal research reports Committee related to state programs and state agency operations. The Joint Legislative Budget Committee (JLBC) is another statutory committee of the ! Support to the Joint Committee on Capital Legislature. It is chaired in alternate years by the Review (JCCR) with respect to all capital chairmen of the House and Senate outlay issues including land acquisition, Appropriations Committees and in addition, new construction and building renewal includes the Majority Leaders of each chamber, projects. the chairman of the Senate Finance Committee, ! Support to the Joint Legislative Tax the chairman of the House Ways and Means Committee. Committee and five additional members of each chamber’s Appropriations Committee. Department of Library, The primary powers and duties of the JLBC Archives and Public Records relate to ascertaining facts and making recommendations to the Legislature regarding The activities of the Department of Library, all facets of the state budget, state revenues and Archives and Public Records are overseen by a expenditures, future fiscal needs and the Board consisting of the President of the Senate, organization and functions of state government. the Speaker of the House and one additional member of each chamber. Under the direction of a Director appointed by the JLBC, the professional staff of the JLBC The professional staff of the Department of provide the following nonpartisan services to the Library, Archives and Public Records, under the Legislature: direction of a Director appointed by the Board, ! Analysis and recommendations for the collect, preserve and provide access to annual state budget, which are presented information for the people of Arizona, through in January of each year. libraries, archives, public records, museums and ! Technical, analytical and preparatory library development services, including: support in the development of ! Identifying, acquiring, caring for, appropriations bills considered by the arranging, describing and making Legislature. available the permanently valuable public ! Periodic economic and state revenue records of Arizona. forecasts. ! Loaning recorded books and magazines, ! Periodic analysis of economic activity, and the equipment on which to play them, state budget conditions and the to Arizonans who are blind, visually relationship of one to the other. impaired or physically challenged and cannot use printed materials in the ! Preparation of fiscal notes on the bills conventional forms. considered by the Legislature that have a fiscal impact on the state or any of its KMIi mk 62 Arizona Legislative Manual ! Coordinating statewide planning and an independent audit function to help ensure development of library services. responsible and professional legislative oversight ! Operating the State Capitol Museum, in and public accountability for funds administered the original 1900 Capitol building, which by the state and certain local governments. The presents exhibits and programs on Auditor General is appointed for a five-year term government in the Arizona Territory and by the Joint Legislative Audit Committee, subject early statehood days, and the Arizona Hall to approval by a majority vote of both houses of of Fame Museum, which presents exhibits the Legislature. honoring Arizona men and women who lived or settled in Arizona. The Auditor General performs financial and performance audits of state agencies and some ! Establishing standards, procedures and local governments. The primary responsibilities techniques for effective management of the of the Office include: public records of Arizona state and local government. ! Ascertaining whether public entities are making proper and judicious use of public ! Operating the Research Library in the resources, including public money, Capitol building and the State Law Library personnel, property, equipment and office in the Arizona state courts building. space. ! Ascertaining whether public entities are The Department directs and coordinates the complying with applicable laws, rules and activities of: governmental accounting and financial ! The Historical Advisory Commission, reporting standards. which encourages research, writing and ! Defining standards and establishing teaching of Arizona history and aids in the procedures for accounting and budgeting preservation of cultural resources. as required by the Legislature. ! The State Board on Geographic and ! Providing technical assistance to state and Historic Names, which evaluates local governmental entities. proposals for changes in or additions to the names of geographic features and places of historical significance in Arizona. Ombudsman-Citizens’ Aide It designates the most appropriate and acceptable names and the spelling of these The mission of the Arizona Ombudsman- names for use in maps and official Citizens’ Aide is to improve the effectiveness, government documents. efficiency and responsiveness of state government ! The State Historical Records Advisory by receiving public complaints, investigating the Board under the National Archives administrative acts of state agencies and, when Program for Grants to the States, which warranted, recommending fair and appropriate makes proposals to and advises the remedies. National Historical Publication and Records Commission on state historical The professional staff of the Ombudsman- records priorities. Citizens’ Aide Office: ! Help citizens interact more effectively with government by arming them with Office of the Auditor General information about their rights and agency policies and procedures and by opening The Office of the Auditor General provides

KMIi mk Legislative Service Agencies 63 channels of communication between assemble and present evidence to the citizens and administrators. Arizona Navigable Stream Adjudication ! Redress individual grievances by Commission regarding the navigability or investigating complaints and working with nonnavigability of watercourses. citizens and agencies to resolve legitimate ! Represent the interests of record title problems and disputes. owners of residential, noncommercial, ! Prevent recurrence of similar complaints small business and agricultural properties by identifying and correcting patterns of before the Arizona Navigable Stream undesirable administrative practices. Adjudication Commission, any state agency, the Legislature and any court ! Exonerate state administrators when regarding any issues related to state claims criticism is unwarranted. to the beds of watercourses. ! Respond to requests for assistance from state legislators by investigating especially complex constituent complaints.

Ombudsman for Private Property Rights

The mission of the Office of the Ombudsman for Private Property Rights is to represent the interests of private property owners in proceedings involving governmental action. The professional staff of the Ombudsman’s office: ! Research, study and analyze issues that relate to actual or proposed governmental action that would result in the government’s taking of private property for which the United States or State Constitution requires the payment of compensation to the private property owner. ! Prepare and present briefs and arguments and intervene or appear on behalf of private property owners in any judicial, legislative or administrative hearing or proceeding. ! Receive complaints and inquiries from private property owners regarding constitutional takings and advise private property owners on issues involving or relating to constitutional takings. ! Conduct investigations and inquiries and

KMIi mk 64 Arizona Legislative Manual Chapter Eleven Legislative Constituent Services

ALIS On-line current legislative session. ! Copies of bills and amendments adopted LIS (Arizona Legislative Information during a current legislative session. Services) On-line is the Legislature’s ! Directions to the offices of members of A Internet information service, designed to the Legislature and other legislative promote increased public access to, and offices. awareness of, the legislative process in Arizona. More detailed information concerning the ALIS provides easy access to bills, floor official activity of a current or prior legislative calendars, committee agendas, posting sheets, session is available from the Chief Clerk’s Office, Arizona Revised Statutes, the Arizona located on the first floor of the House of Constitution, legislative district maps, member Representatives, and the Senate Secretary’s profiles and a variety of other information that Office, located on the second floor of the Senate. once required a visit to the capitol. Constituents These offices maintain complete sets of Session benefit from the convenience of 24 hour access. Laws (containing a copy of each enactment passed Please visit the site at http:// by the Legislature) and Journals (that contain the www.azleg.state.az.us. official summary of all actions taken in the chamber during each legislative session) and the official minutes of each standing committee of Information Desks the chamber.

The House and Senate each maintain a public information desk in the main lobby of their respective buildings. The desks are staffed AZNet throughout the year, and the types of information available at the desks include: The Legislature operates an interactive telecommunication site at the state capitol known as AZNET. The AZNET site is part of the ! Agendas including location and time of statewide NAUNet telecommunication system recent and upcoming committee meetings. operated by Northern Arizona University. ! A summary of actions taken during a

KMIi mk Constituent Services 65 Through the NAUNet network, legislative committee meetings can be conducted at the AZNET site and linked to up to 21 remote sites located across Arizona, with interactive video, audio and data capability, so that committee members and persons present at the remote sites can fully participate in the meeting taking place at the AZNET site. Committee chairmen schedule meetings for the AZNET site based on network availability and regional or statewide interest in the subject matter.

KMIi mk 66 Arizona Legislative Manual Chapter Twelve Glossary of Legislative Terms

A the Senate reviews and approves or rejects gubernatorial appointments to certain Act: A bill that has been enacted into law. Each act executive offices. is published as a separate chapter in the session laws. Agenda: The official work plan for a committee meeting including a list of specific items of Adjournment: To terminate the day’s proceedings of business to be considered. either a committee or the full house. (1) Regular adjournment sets the date for the ALIS: Acronym for Arizona Legislative Information next meeting. (2) Adjournment sine die, System, the Legislature’s computer system. literally adjournment “without a day,” marks the end of the legislative session and Amend: To alter formally. (1) A bill may propose to terminates all unfinished business because amend a statute by changing, deleting or it does not set a time for reconvening. adding statutory text. (2) A measure may be amended by striking or inserting text, or Administrative Procedure Act: The statutes that both. govern the adoption of administrative rules and administrative adjudicatory proceedings Amendment: (1) Any formal modification, deletion by executive branch agencies. See A.R.S. Title or addition that alters the form or substance 41, chapter 6 (§§ 41-1001 et seq.). of statutory text, a legislative measure or a motion. (2) A legislative document or Administrative Rule: An agency directive, standard, motion that proposes the modification of a regulation or statement of general legislative measure. applicability that implements, interprets or prescribes law or policy or describes the Apportionment: The division of the state of Arizona procedure or practice requirements of an into 30 legislative and six congressional agency. districts with distinct geographic boundaries. Each legislative district contains Adoption: Formal approval or acceptance of motions, approximately 1/30 and each congressional amendments or other legislative measures. district contains approximately 1/6 of the state’s 1990 population. See Advise and Consent: The process, under the American Reapportionment. system of checks and balances, by which KMIi mk Glossary of Legislative Terms 67 Appropriation: A formal legislative allocation of Bill Folder: The Legislative Council file folder that money to a state agency, budget unit or contains the legislator’s documentation for program and the authorization to spend the a bill, resolution or memorial. The contents money for designated lawful purposes. of a folder are confidential. Each request is assigned a bill folder number that is the Arizona Revised Statutes; A.R.S.: The codified laws official designation of the proposed measure of the State of Arizona. The statutes are before it is introduced and given a bill published and annotated by private number. companies but use the arrangement and numbering system assigned by the Bill Status: The progress of a bill (or other measure) Legislature. at any given time in the legislative process. The current status can be determined by AZNet: The teleconference system that allows referring to the computer system (ALIS) that legislators and the public to electronically also provides an update on all other attend some legislative committees and legislative action. other proceedings from remote locations around the state. Bill Summary: The fact sheet prepared by Senate and House staff for bills, resolutions and memorials as they are considered by B standing committees.

Bicameral: A Legislature composed of two Bipartisan: Interparty cooperation on a matter that chambers or two legislative bodies. is essentially political. See Nonpartisan, Arizona’s bicameral Legislature is made Partisan. up of the House of Representatives and the Senate. All states have bicameral Blend: When the Legislature amends the same statute legislatures except Nebraska, which has more than once, the Executive Director of only one chamber (unicameral). Legislative Council is authorized to compile and blend compatible amendments of the Biennial: Occurring every two years. The Arizona statute to avoid publishing more than one state budget is on a biennial cycle. (Note: version of the statute. “biannual” means occurring every six months.) Boilerplate: Standard bill drafting language common to various subjects and designed to maintain Biennium: A two-year period. the legal consistency and uniformity of the language of the Arizona Revised Statutes. Bill: A proposed law that has been introduced in either house of the Legislature. A bill creates Bond: (1) A certificate of indebtedness issued by new law or amends or repeals existing law. the government in return for money it has Senate bills are numbered consecutively and borrowed. A promise to pay a specified sum designated “S.B. 1xxx”. House bills are of money at a fixed time in the future and numbered consecutively and designated carrying a specified rate of interest. Bonds “H.B. 2xxx”. may be general obligation bonds or revenue bonds. (2) A financial commitment to the Bill Drafting Manual: The manual published by state by a state officer or employee to ensure Legislative Council that explains the official, that the person will be honest and faithful uniform system and rules for preparation of in performing official duties (formally called all legislative measures. a “surety” bond).

KMIi mk 68 Arizona Legislative Manual Budget: A formal plan of government expenditure Chief Clerk: The chief administrative officer of the for a fiscal year or biennium including the House of Representatives who is responsible means of financing the expenditures. for keeping records of the proceedings of the House, preparing and distributing Budget Unit: A state department, commission or calendars and other official agenda of the other agency of state government that spends House and transmitting legislation and or disburses state revenue or incurs official correspondence from the House to obligations against the state. the Senate and the Governor.

By Request: A phrase used when a sponsor Christmas Tree Bill: Legislative slang for a bill, introduces legislation as a favor or at the generally considered late in the session, that request of a constituent or another private accumulates numerous amendments, like party or organization but does not Christmas tree ornaments, that are attached necessarily endorse the measure. The words to attract votes. “By Request” appear after a sponsor’s name on the front of the legislation. Coalition: An alliance of factions for some specific purpose.

C Code: (1) A compilation of laws on a particular subject (e.g., the criminal code). (2) The Calendar: The list or docket of legislation awaiting published Arizona Revised Statutes. (3) The action. compilation of administrative rules, known as the “administrative code.” Calendar Day: Any day listed on the Gregorian calendar. See Legislative Day. Code Revision: The process of preparing newly enacted laws for publication in Arizona Capital Budget: A plan of expenditures for land Revised Statutes. Legislative Council is acquisition and construction, repair, responsible for proofreading the new laws, engineering and design of facilities and correcting minor technical problems (e.g., major equipment. misspelled words) and blending multiple Capital Outlay Bill: An appropriation bill that amendments of the same statute. See A.R.S. authorizes expenditures of state money for §§ 41-1304.01, 41-1304.02, 41-1304.03. the capital construction needs of the state. Committee: A body of legislators appointed to handle Caucus: n., (1) A group of people who share certain business and report back to the something in common; legislators of the parent body. See Standing Committee, same political party. (2) A meeting of Conference Committee, Interim Committee, legislators of the same political party to Statutory Committee, Joint Committee, consider legislation, policies and actions. v., Committee of the Whole. To hold or meet in a caucus. Committee Amendment: An amendment Chair; Chairman; Chairperson: The person who recommended to the full house by a majority presides over a committee. of a standing committee to which the measure was referred for consideration. Chamber: See Floor. Committee amendments must be adopted by the full house to become a part of the Chapter: An act. The Secretary of State assigns each measure. act a chapter number in the session laws of a legislative session.

KMIi mk Glossary of Legislative Terms 69 Committee of the Whole (COW): The full without amendment by all standing membership of the Senate or the House of committees to which they have been Representatives sitting as a committee to assigned. It is used to allow rapid floor debate legislation and adopt amendments to consideration of noncontroversial measures. legislation. Measures on the consent calendar are not assigned to Committee of the Whole but Common Law: The law derived from usages and instead proceed directly to third reading. customs of antiquity and recognized and Any member may protest a measure on a enforced by courts, as distinguished from consent calendar during a designated notice the law created by the enactment of period, in which event the measure is legislatures. removed and routed to Committee of the Whole. Companion Bills: Bills that supplement each other but that, for legal, technical, tactical or Constituent: A citizen residing in the district of a political reasons, cannot be combined. legislator.

Concurrent Memorial: See Memorial. Constitution: The written document agreed upon by the people of the United States (the United Concurrent Resolution: See Resolution. States Constitution) or Arizona (the State Conference Committee: A committee with members Constitution) as the fundamental and appointed from each house to resolve absolute rule for action and decision for the differences in a measure as passed by each government. house and prepare a version of the measure Cosponsor: A sponsor of a measure other than the acceptable to both houses. See Free prime sponsor. Cosponsors’ names appear Conference Committee, Simple Conference on the face of the printed measure with the Committee. prime sponsor’s name. Concurrence: The action by which one house accepts COW: Legislative slang for Committee of the Whole. the amendments made to a measure by the other house.

Confirmation: The process by which the Senate D advises and consents to executive Debate: Formal discussion and argument of a appointments made by the Governor. See matter before a house or committee of the A.R.S. § 38-211. Legislature.

Conflict of Interest: A situation in which a public Dilatory: Deliberate use of parliamentary procedure official takes or withholds official action or to delay. exerts official influence that could substantially benefit or harm the official’s District: (1) A geographical area designated for personal financial interest. representation by one Senator and two Representatives. See Apportionment, Consensus: A broad agreement that, while not Reapportionment. (2) A unit of local necessarily all-encompassing, embraces government, usually having an elected enough elements to obtain support from a governing board and the power to impose majority. taxes, such as a school district.

Consent Calendar; Unanimous Consent Calendar: A Division: To repeat a voice vote, this time by standing list of measures that have been reported or by raising hands. If the outcome of a voice

KMIi mk 70 Arizona Legislative Manual vote is uncertain, any member may request required by the State Constitution to head a division to verify the vote. A division does all bills to formally express the legislative not record the vote of individual legislators sanction. but only the number of votes for and against the motion. Engross: The preparation of an exact and official copy of a measure as passed by a house of the Do Pass: An affirmative recommendation made by Legislature, including all adopted a committee in forwarding a measure to the amendments, before transmitting the floor or for further consideration. If the measure to the other house. committee proposes an amendment to the measure, the recommendation is that it “do Engrossed Bill: An official copy of a bill as passed pass as amended.” by either house of the Legislature containing all amendments adopted by that house. Bills Draft: n., A written version of a legislative measure that are engrossed by the House of that has not yet been formally offered for Representatives are printed on green paper. consideration by the Legislature. v., To Bills that are engrossed by the Senate are prepare a measure for consideration by the printed on goldenrod paper. Resolutions Legislature, including discussing, writing, and memorials that are engrossed are referred revising, editing, word processing and to as engrossed resolutions and engrossed printing activities. memorials.

Enrolled Bill: The official copy of a bill as finally E passed in identical form by both houses of the Legislature and transmitted to the Effective Date: The date on which an act takes effect, Governor. It is the final engrossed bill. normally the 91st day after the Legislature Resolutions and memorials that are enrolled adjourns sine die (see General Effective Date) are similarly referred to as enrolled unless otherwise stated in the act (see resolutions and enrolled memorials. Emergency, Prop 108). Executive Session: A meeting of a committee that is Emergency: A finding that an act must take effect closed to the public and the press for before the 91st day after the Legislature purposes of considering any of a limited adjourns sine die in order to preserve the number of sensitive topics authorized by public peace, health or safety. If an emergency law. See A.R.S. § 38-431.03. measure is enacted by a majority vote of each house, it becomes law on the date it is signed by the Governor or, if the Governor F vetoes the measure, on the date the veto is overridden by a ¾ majority vote of each Feed Bill: Legislative slang for the general house. appropriations bill.

Enabling Act: The Act of Congress that authorized Final Passage: The roll call vote taken on a measure the process for Arizona to become a state. on the floor of each house after all amendments and committee reports have Enabling Legislation: A bill authorizing a been adopted and incorporated into the governmental entity, officer or employee to measure. This is the last vote on the measure do something. before it is sent to the Governor.

Enacting Clause: The clause “Be it enacted by the First Reading: The initial formal recitation on the Legislature of the State of Arizona” that is

KMIi mk Glossary of Legislative Terms 71 chamber floor of a bill, resolution or expenses of state government for the fiscal memorial by number and sections by the years in a biennium. See Feed Bill, ORB, reader in either house. It is the first of three Supplemental Appropriation. readings required by the Constitution of Arizona. In the House a measure is assigned General Effective Date: The 91st day after the to one or more committees at first reading. Legislature adjourns sine die. See Article IV, part 1, § 1(3), Constitution of Arizona. Fiscal Note: A statement itemizing estimated costs or revenue implications of proposed General Election: An election to choose officers of legislation, prepared at the request of a the federal, state or local governments. The legislator by the Joint Legislative Budget general election for federal, state and county Committee. officers is held on the first Tuesday following the first Monday in November in successive Fiscal Year: Any 12-month accounting period even-numbered years. without regard to its relationship to a calendar year. The Arizona state fiscal year is General Fund: The fund in which most state July 1 through June 30. revenues are deposited and that is available for any legally authorized purpose and is Floor: The interior chamber of either house of the used to fund appropriations for the ordinary Legislature where the full membership operations of state government. convenes. General Obligation Bond: A certificate of government Floor Action: Consideration and debate by the full indebtedness that is backed by the “full faith House or Senate. and credit” of the issuing government. See Revenue Bond. Floor Amendment: An amendment, other than a committee amendment, offered by a legislator Germane: Pertaining to the subject matter of the during floor debate during Committee of the measure. A bill may address only one Whole. subject, and all changes made by the bill to the law and all changes made by amendments Free Conference Committee: A conference committee to the bill must be “germane” to that subject. that may propose in its report on a measure See Article IV, part 2, §§ 13, 20, Constitution any new amendments that are germane to of Arizona. the measure. See Conference Committee, Simple Conference Committee. Gerrymander: Designing a legislative or congressional district for the purpose of obtaining partisan or factional advantages. G See Apportionment, Reapportion.

Gallery: (1) The balcony area in the chambers of Grandfather Clause: See Saving Clause. the Senate and House from which the public may observe legislative proceedings on the floor. (2) The area on the floors of the House H and Senate designated for the presence of accredited members of the press corps, Hearing: A formal public session of a committee at generally known as the “press gallery.” which business is conducted or testimony is received. General Appropriations Bill: The bill that makes appropriations for the estimated foreseeable Hopper: The box or other depository in which bills,

KMIi mk 72 Arizona Legislative Manual resolutions and memorials are filed for including nonlegislative members as well, introduction. usually for the purpose of studying and making recommendations regarding a single issue before the Legislature. Note: I Committees may occasionally meet jointly, i.e., two standing committees may meet Impeachment: The formal process of bringing together to consider matters of mutual charges of high crimes, misdemeanors or interest. These meetings do not constitute a malfeasance against a public official of the joint committee. state by the House of Representatives. After the House has impeached, the official is tried Joint Resolution: See Resolution. by the Senate and removed from office if convicted. Journal: The official record maintained by each house and reporting essential items of daily Initiative: The right of private citizens to propose business but not a verbatim record. The and enact laws. The proposition is placed journals of each house are published after on an election ballot through a petition each regular session. signed by a specified number of voters. See Article IV, part 1, § 1(2), Constitution of Arizona. L

Interim: The period of time between two regular Law: A binding rule of a community that is enforced sessions of the Legislature. by controlling authorities. Statute law is enacted by the Legislature. Common law is Interim Committee: A committee, usually temporary, set by precedent in court and by established to study an issue, make findings interpretation of the Constitution and statute and prepare a report during the period law. between legislative sessions. Leadership: The elected officers of each house and Introduction: The presentation of a bill, resolution each caucus. or memorial to the Secretary of the Senate or the Chief Clerk of the House of Legislative Day: A day on which the houses of the Representatives (see Hopper); formally Legislature each convene to conduct official accomplished when the measure is first read business. on the floor of the Senate or House. Legislative Immunity: A limited constitutional Introductory Set; Intro Set: The official package privilege for legislators from civil process containing copies of a bill, resolution or and arrest during and immediately preceding memorial that has been prepared for the legislative session. introduction and a form that legislators can sign as prime sponsors or cosponsors of Legislative Intent: A goal of the Legislature in enacting the measure. legislation. Intent may be stated in enacted legislation or may be ascribed from the Item Veto: See Line-Item Veto. provisions of the law and circumstances contemporaneous with its enactment. Intent does not have the force of law but may be J used to interpret statutory provisions.

Joint Committee: A committee composed of members Legislative Rules: The guidelines by which the of both houses of the Legislature, sometimes

KMIi mk Glossary of Legislative Terms 73 Senate, the House of Representatives or a supplements the Constitution, statutes and committee governs its activities. House and Senate Rules.

Legislature: The lawmaking body of the State of Measure: A piece of legislation (i.e., bill, resolution, Arizona, composed of 60 Representatives memorial or an amendment to a bill, and 30 Senators from 30 districts elected to resolution or memorial) that is before the two-year terms. Each Legislature has a Legislature for consideration. duration of two years, encompassing two regular sessions and any special sessions Memorial: A legislative measure containing a request during that period. Each Legislature is or proposal that a named recipient (such as numbered consecutively. Congress or the President of the United States) acknowledge stated facts (contained Line-item Veto: The power of the Governor to veto in clauses introduced by the word “whereas”) specified items from an appropriation while and take action in a manner consistent with signing the remainder of the bill into law. the request. A memorial is not used to commemorate the dead. A memorial may Lobbyist: A person who is employed or who be “simple” (considered by only one house) contracts, with or without compensation, or “concurrent” (considered by both to communicate with public officials on houses). behalf of another person or an interest group for the purpose of influencing legislative or Message From the Senate or House: Official administrative action. See A.R.S. § 41-1231. communication from the opposite house and read into the official record. Loophole: An unintended use or application of a law, usually to afford an unintended benefit at Minority; Minority Party: A political party to which the expense of the public. fewer than one-half of the members of a house of the Legislature belong.

M Minority Leader: The person selected by the members of a minority political party in a Majority; Majority Party: The political party (or house to be their spokesperson. coalition) to which a majority of the members of a house of the Legislature Minority Report: A committee report officially stating belongs. A party may be the majority party the position of members who are in the in one house and the minority party in the minority on an issue in question (not other house. necessarily in the minority political party).

Majority Leader: The person selected by the Minutes: A written record summarizing the members of the majority political party (or proceedings of a committee. coalition) in a house to be their spokesperson. Motion: A request by a legislator for one of a wide variety of parliamentary actions that formally Majority Whip: See Whip. directs debate on the floor. It is the way, for example, that a legislator introduces a Mason’s Manual: The publication Mason’s Manual measure for debate on the floor. of Legislative Procedure, which is a procedural and parliamentary manual that N

KMIi mk 74 Arizona Legislative Manual Ninth Floor: Legislative slang referring to the Legislature of the way other branches of Governor or the Governor’s office, which is government administer the law. located on the ninth floor of the West Wing of the State Capitol. P Nonpartisan: Interparty cooperation on matters without consideration of party politics or Page: A person who works on the chamber floors, not ascribing to any of the political parties. in committees and elsewhere on the See Bipartisan, Partisan. legislative premises to distribute materials, carry messages and generally facilitate the “Now” Title: A revised reference title of a measure legislative work flow. after a strike everything amendment has been adopted to reflect the new provisions of the Parliamentarian: A legislator, designated by the measure and distinguish the current version President or Speaker, who is skilled in of the measure from its original version. parliamentary rules, practice or debate. Partisan: Taking the part of or strongly supporting O the position or policy of one political party over another. See Bipartisan, Nonpartisan. Omnibus Bill: A bill addressing many items or topics under a single subject. Partisan Staff: Legislative employees who serve under majority or minority leadership to Open Meeting: A meeting or session of a public body provide research and administrative support at which the public may attend. All meetings to members of their party. and sessions of public bodies are required by law to be open except for a limited Per Diem: A daily allowance of money to cover costs number of specific cases. See Executive of housing, meals and related expenses while Session, A.R.S. Title 38, chapter 3, article 3.1. temporarily residing or traveling on official business away from a person’s actual Operating Budget: A plan of expenditures other than residence. Legislators are paid per diem capital expenditures. Frequently referred to during legislative sessions and when as “maintenance and operation” or “M & O.” attending a legislative meeting at other times. See Capital Budget. Performance Audit: An oversight review of an agency ORB: Legislative slang for an “omnibus or program by the Auditor General or reconciliation bill.” An ORB is a bill that is another designated entity to evaluate the intended to reduce the cost of state results, efficiencies, achievements and other government by providing for increased performance indicators of the agency or efficiencies in administration or program program. management rather than direct reductions in appropriations to the agency or program. Personal Privilege: Senate and House rules that allow a legislator to explain a personal matter but Order of Business: The scheduled events and not discuss or debate an issue during the proceedings followed by the Senate and explanation. It is used, for example, when a House of Representatives each legislative day, legislator wants to introduce a guest or as prescribed by the Senate and House Rules. acknowledge someone.

Oversight: A continuing or periodic review by the Personal Services: A classification of budget expenditure that includes salary, overtime and benefits for personnel.

KMIi mk Glossary of Legislative Terms 75 Piggyback: (1) Attaching a legislative proposal to a Proposition: A proposed enactment of law that is another piece of popular legislation in an placed on the ballot for approval or rejection effort to get it passed by a house. (2) by the voters as a result of the initiative or Incorporating provisions of federal law as a referendum process of direct legislation. basis on which state law and procedure are constructed. Proposition 108; Prop 108: The constitutional requirement (named after the 1992 general Point of Order: An objection raised by a legislator election ballot proposition that enacted it) that the rules of procedure are being violated. that bills that provide for a net increase in state revenues through a new or increased Policy Analyst: See Research Analyst. tax or fee or through reduced exemptions or deductions must be approved by a vote Pork Barrel: Legislative slang for appropriations 2 of at least /3 of the members of each house based on political patronage such as funding of the Legislature or, if vetoed by the for local projects. Governor, the subsequent vote of at least ¾ Post Audit: A review of expenditures after the fact to of the members of each house. If so enacted, ensure compliance with applicable laws and the bill takes effect immediately rather than rules. on the general effective date.

Postpone Indefinitely: A procedural action to prevent further action on a legislative measure, Q without requiring a direct or recorded vote Question; Previous Question: A parliamentary motion on the merits of the measure. to conclude debate and vote on the issue. Prefiling: A procedure allowing a legislator to offer Quorum: The number of members of a house or a measure for introduction before the committee required by law or rule to be legislative session begins. present before that body can conduct official President: The presiding officer of the Senate, elected business. by its members.

Prime Sponsor: The lead legislator of a group of R legislative sponsors of a measure. The prime Reapportionment; Redistricting: Realigning legislative sponsor’s name appears first on the face of and congressional districts after the United the printed measure. See Cosponsor. States decennial census for the purpose of Primary Election: A preliminary election in which equalizing the population among the the registered voters of a political party districts. nominate that party’s candidates for office. Recess: A temporary halting of legislative business. Privilege of The Floor: Permission granted to a Unlike adjournment, a recess does not end nonmember of the body to be in that portion a legislative day and does not interfere with of the legislative chamber during session that unfinished business. is reserved for members and staff personnel. Reconsideration: A parliamentary process by which Pro Tempore; Pro Tem: For the time being; temporary. a motion or question that has been acted on Usually referring to a person who serves as may be brought back before the body again. a presiding officer in the absence of the The motion for reconsideration is subject elected presiding officer. to the requirements and details prescribed

KMIi mk 76 Arizona Legislative Manual by the rules of the House and the Senate, to the committee for action. respectively. Research Analyst: The professional research staff Reference Title: A short title of each bill, resolution person who is employed by the Legislature, and memorial that is placed in the upper is assigned to a standing committee and right-hand corner of the first page. It gives a provides research support and analysis to brief idea of the nature of the measure and the committee. aids in indexing, but it is not a part of the substantive law of the measure. See “Now” Resolution: A legislative measure containing a Title, Title. declaration or expression of opinion, will, intent or “resolve” in matters within the Referendum: (1) The right of citizens to prevent Legislature’s legal purview. A resolution is enacted legislation from taking effect until also used to commemorate the death of the voters either approve or reject the prominent public figures. A resolution may legislation at an election. The referendum is be “simple” (considered by only one house), placed on an election ballot through a “concurrent” (considered by both houses) petition signed by a specified number of or “joint” (considered by both houses and voters. See Article IV, part 1, § 1(3), signed by the Governor). Constitution of Arizona. (2) The choice by the Legislature to submit a proposed law to Revenue Bond: A certificate of government the voters for approval rather than enacting indebtedness on which the principal and a bill outright. interest are to be paid solely from money generated by the project they finance or from Referral: Sending or referring a bill or another some dedicated “stream” of government matter to a committee or committees for revenue. See General Obligation Bond. consideration and report. Roll Call: The method of recording attendance at a Regular Session: The annual session of the floor session. Roll calls on the floors of each Legislature convening on the second house are normally conducted electronically. Monday in January and continuing through adjournment sine die. Each elected Roll Call Vote: The method of formally counting Legislature has two regular sessions: the and recording the votes of individual regular session following the general legislators on a motion. Roll call votes on election (convening in odd-numbered years) the floors of each house are normally is designated the “First Regular Session,” and conducted electronically. the regular session convening in even- Rules: See Administrative Rules, Legislative Rules. numbered years is designated the “Second Regular Session.” Rules Attorney: A staff attorney employed to advise the House or Senate Rules Committee and Relief of Named Claimants Bill: A bill appropriating other members of the body regarding money to reimburse identified persons and constitutional and format issues of businesses who have monetary claims introduced bills, resolutions and memorials against the state. as well as questions regarding House or Repeal: To rescind or revoke a law by legislative Senate Rules. action. Rules Committee: A standing committee in each Report: The presentation by a committee on a house assigned specifically to consider each measure or another matter that was referred bill, resolution and memorial for constitutional and format issues before the

KMIi mk Glossary of Legislative Terms 77 measure is considered on the floor by the Session Laws: (1) All enactments of a legislative whole house. session. (2) Uncodified laws of an explanatory or temporary nature.

S Severability: The legal principle that if a court finds a provision of an act or law to be invalid, Saving Clause: A provision in a bill to preserve rights the invalid provision will be severed out so and duties that have already matured and that it does not affect the other provisions proceedings that have already begun before of the act that can continue to be given effect the new legislation takes effect. It is also used without the invalid provision. Severability to make special allowance for persons or clauses occasionally appear in bills to groups that were involved in a regulated remind courts of this principle. activity before the enactment of new legislation. Sometimes called a “grandfather” Short Title: See Reference Title. clause. Simple Conference Committee: A conference Second Reading: The second of the three formal committee that may only address in its report readings of a measure introduced in each the points of disagreement between the Senate house required by the Constitution of and House and cannot include any new Arizona. In the Senate the measure is matter in the report. See Conference assigned to one or more committees at Committee, Free Conference Committee. second reading. Simple Memorial: See Memorial. Secretary of the Senate: The chief administrative officer of the Senate who is responsible for Simple Resolution: See Resolution. keeping records of the proceedings of the Sine Die: See Adjournment. Senate, preparing and distributing calendars and other official agenda of the Senate and Sit COW: Legislative slang for “sitting as in committee transmitting legislation and official of the whole.” correspondence from the Senate to the House of Representatives, the Secretary of State and Sitting as in Committee of The Whole: A proceeding the Governor. by which a house may conduct business as if it were in Committee of the Whole. Seniority: Length of service in the House of Typically used to adopt minor technical Representatives, the Senate or the Legislature corrections to bills that have already passed collectively. It has little official significance out of Committee of the Whole. but is an informal means of recognizing prior legislative experience by affording personal Speaker: The presiding officer of the House of prerogatives and other deferences. Representatives, elected by its members.

Sergeant at Arms: A nonlegislator selected in each Special Law: A law of local or limited application. house to maintain order in the chamber The State Constitution prohibits special laws under the direction of the President or (1) on several topics and (2) when a law of Speaker. general application can be enacted. See Article IV, part 2, § 19, Constitution of Arizona. Session: A meeting of the Legislature or the period between convening and adjournment sine Special Session: A meeting of the Legislature called die during which the Legislature conducts by the Governor. A special session may be meetings to enact laws. See Regular Session, called on the Governor’s initiative, in which Special Session. KMIi mk 78 Arizona Legislative Manual case the Legislature may consider only the other house is substituted for the identical subjects and issues that the Governor bill under consideration on the floor and, specifies. The Governor must also call a assuming it passes, thereby avoids having special session on receiving a petition of at to go through the committees and caucuses 2 least /3 of the members of each house of the of the second house that had already Legislature, in which case the subjects that considered the original identical bill. the Legislature can consider are not limited. There is no limit on the duration of a special Sunrise: The statutory legislative process of session. evaluating the desirability of new or increased regulation of a health-related Sponsor: The legislator, legislators or standing profession. See A.R.S. Title 32, chapter 31. committee that authors or agrees to introduce a measure. The sponsor’s name is Sunset: The automatic termination of an agency or printed on the front page of the measure. program on a specific date, requiring reevaluation and reauthorization by the Standing Committee: A permanent committee that is Legislature for the agency or program to established by the rules of each house of the continue. Legislature to which legislative measures are assigned for consideration. Supermajority: A roll call vote of the Legislature that requires more than a simple majority for 2 Statute: A law enacted by the Legislature and codified passage, typically /3 or ¾ of the members. in the Arizona Revised Statutes. Supplemental Appropriation: An act appropriating Statutory Committee: A permanent committee of the monies in addition to those already Legislature that is established by a statute. appropriated for the fiscal year by the general appropriations bill to cover deficiencies or Strike Everything Amendment: An amendment to a unexpected needs. bill that begins “Strike everything after the enacting clause and insert:”. A strike everything amendment proposes a new T version of the bill, sometimes changing the nature of the bill completely, by replacing Technical Amendment: An amendment of law that the provisions previously introduced or has no substantive effect but is intended only adopted. to correct some technical flaw, such as bad grammar, an incorrect cross-reference or an Striker: See Strike Everything Amendment. obsolete provision or to combine multiple versions of a statute. Subcommittee: A subordinate committee composed of members of the full committee appointed Teleconference: A meeting or hearing taking place at by the chair of the full committee. A two or more locations linked by subcommittee considers a narrower range telecommunication facilities and equipment. of topics than the full committee, usually Teleconference may be by audio only one bill, and makes recommendations transmission or by both audio and video to the full committee. transmission.

Substitution of Bills: A shortcut to enactment in which Third Reading: The third formal reading of a measure two identical bills are considered by both on the floor of the House or Senate, taken houses. Then in Committee of the Whole after all committee work on the measure is of one of the houses the bill that has passed completed and all adopted amendments have

KMIi mk Glossary of Legislative Terms 79 been engrossed. On third reading the entire chamber votes on the measure by roll call. W Amendments and debate are not allowed on third reading, although members are allowed Whip: An assistant to the majority or minority to persuasively explain their votes. If passed leader. Duties may include marshaling party on third reading, the measure is transmitted members in support of party strategy, to the other house for further action. managing floor action for a political caucus and presiding over meetings of the caucus. Title: (1) The formal listing of the contents and The term derives from the British fox hunting description of the subject of a bill, resolution term “whipper-in” that describes the person or memorial. The title is a constitutional responsible for keeping the foxhounds from requirement of every measure and has leaving the pack. significant legal effect. See Reference Title. (2) The primary subunit of Arizona Revised Y Statutes. Yield: In debate, the relinquishing of the floor to another member to speak or ask a question. U

Unanimous Consent Calendar: See Consent Calendar. V

Vehicle; Vehicle Bill: Legislative slang for a bill, memorial or resolution that is introduced in a form that is acknowledged, informally, to be incomplete. Vehicle bills are frequently used when legislative deadlines compel the introduction of legislation before the sponsor has fully developed all of the measure’s details or when interested parties are continuing to negotiate and discuss the concepts and details of the legislation at the time it must be introduced. The vehicle then becomes a “placeholder” into which the final provisions will be amended.

Veto: An official act of the Governor disapproving a bill passed by the Legislature and nullifying the bill unless the Legislature subsequently overrides the veto.

Vice-chair; Vice Chairman; Vice-chairperson: A committee member chosen by the Speaker or President to preside over the committee in the chair’s absence.

Voice Vote: An oral vote on a motion decided by the apparent number of voices calling “aye” compared to those calling “no” or “nay.” See Division, Roll Call Vote. KMIi mk 80 Arizona Legislative Manual KMIi mk Glossary of Legislative Terms 81