Arizona voters to decide on measure regarding state agency rulemaking and costs in Nov. 2024

Voters in Arizona will decide on a ballot measure regarding state agency rulemaking if the new rule increases regulatory costs by a certain amount.

The measure, Senate Concurrent Resolution 1012 (SCR 1012), was introduced to the Arizona State Senate on January 23, 2024. It passed the Senate on February 22, 2024, by a 16-13 vote, with 16 Republicans voting for it and 13 Democrats voting against it. It passed the House on June 12, 2024, by 31-29, with 31 Republicans voting for it and 29 Democrats voting against it.

If the measure is approved by voters, it will require state agencies to submit a proposed rule to the Arizona Office of Economic Opportunity if the rule is estimated to increase regulatory costs by more than $100,000 within five years of implementation. The measure would prohibit a proposed rule from becoming effective if that rule is estimated to increase regulatory costs by more than $500,000 within five years after implementation until and unless the legislature enacts legislation ratifying the proposed rule.

Supporters of the amendment include Americans for Prosperity Arizona, while opponents include the American Civil Liberties Union of Arizona, the Arizona State AFL-CIO, and the Arizona Coalition for Working Families.

Wisconsin voters will also be deciding on a measure related to administrative appropriations on Nov. 5, 2024—a constitutional amendment that would require legislative approval before a governor can expend federal money appropriated to the state.

Arizona voters will be deciding on 11 ballot measures in 2024. All were referred to the ballot by the Arizona state legislature. They are:

• Legal Challenge to Initiative Amendment: Would provide for challenges to an initiative measure or constitutional amendment after the filing of the measure with the secretary of state
• Criminal Conviction Fee for First Responder Death Financial Benefit Measure: Would establish a $20 fee on every conviction for a criminal offense, which would go to pay a benefit of $250,000 to the family of a first responder who is killed in the line of duty
• Emergency Declarations Amendment: Would provide for the legislature to terminate a state of emergency or alter the emergency powers of the governor during the state of emergency
• End Term Limits and Retention Elections for Supreme Court Justices and Superior Court Judges Amendment: Would end term limits for state supreme court justices and superior court judges, replacing them with terms of good behavior, unless decided otherwise by a judicial review commission, and would end retention elections at the end of the judicial term
• Immigration and Border Law Enforcement Measure: Would allow for state and local police to arrest noncitizens who cross the border unlawfully, allow for state judges to order deportations, require the use of the e-verify program for some public governmental programs and employment eligibility purposes, and make the sale of fentanyl a Class 2 felony if a person knowingly sells fentanyl resulting in the death of another person
• Legislative Ratification of Rules that Increase Regulatory Costs Measure: Would prohibit a proposed rule from becoming effective if that rule is estimated to increase regulatory costs by more than $500,000 within five years after implementation, until the legislature enacts legislation ratifying the proposed rule
• Life Imprisonment for Sex Trafficking of a Child Measure: Would provide for life imprisonment for an individual who is convicted of sex trafficking of a child
• Property Tax Refund for Non-Enforcement of Public Nuisance Laws Measure: Would allow for property owners to apply for a property tax refund in certain circumstances, including in instances if the city or locality in which the property is located does not enforce laws regarding illegal camping, loitering, obstructing public thoroughfares, panhandling, public urination or defecation, public consumption of alcoholic beverages, and possession or use of illegal substances
• Require Partisan Primaries and Prohibit Primaries Where Candidates Compete Regardless of Party Affiliation Amendment: Would require partisan primaries for partisan offices, meaning that members of political parties nominate their own candidates at primaries for general elections
• Signature Distribution Requirement for Initiatives Amendment: Would create a signature distribution requirement for citizen-initiated ballot measures based on state legislative districts
• Wages for Tipped Workers Amendment: Would allow for tipped workers to be paid 25% less per hour than the minimum wage if any tips received by the employee were not less than the minimum wage plus $2 for all hours worked