Arizona legislature puts measure on Nov. ballot that would establish REINS-style oversight of agency rulemaking

The Arizona State Legislature on June 12, 2024, put a ballot measure on the Nov. 5 ballot that would amend state law to require legislative ratification of certain state agency rules.

If voters approve the measure, proposed rules estimated to increase regulatory costs by more than $500,000 over five years will need legislative ratification to take effect. The Arizona Office of Economic Opportunity would be responsible for confirming the estimated regulatory cost of rules that might trigger legislative oversight under the measure.

The ballot measure contains provisions modeled after the Regulations from the Executive in Need of Scrutiny (REINS) Act—a federal legislative proposal designed to increase legislative oversight of administrative agency rulemaking.

The Arizona State Legislature passed nearly identical REINS-style state laws in 2023 and 2024. Gov. Katie Hobbs (D) vetoed both bills. The legislature would have required a two-thirds vote to override the governor’s veto. Republicans hold a 53% majority in the Senate and a 52% majority in the House.

A simple majority vote is required during one legislative session for the Arizona State Legislature to place a state statute on the ballot. The governor’s signature is not required in Arizona to legislatively refer ballot measures.

Four Republican senators and three Republican representatives introduced the 2024 measure as Senate Concurrent Resolution 1012 (SCR 1012) on January 23. The Senate passed it 16-13 on February 22 in a party-line vote. The House passed it 31-29 on June 12, also along party lines.

Four states have enacted REINS-style state laws as of July 2024:

• The Kansas State Legislature voted to override Gov. Laura Kelly’s (D) veto of a REINS-style state law in April 2024
• Indiana Gov. Eric Holcomb (R) signed a REINS-style bill into law in March 2024
• Former Wisconsin Gov. Scott Walker (R) signed a REINS-style bill into law in 2017
• The Florida State Legislature voted to override former Republican Gov. Charlie Crist’s veto of a REINS-style state law in 2010

Additional reading:

• Arizona Proposition 315, Legislative Ratification of State Agency Rules that Increase Regulatory Costs Measure (2024)