Legislation

Arizona Legislative Process:

The Arizona legislature consists of a Senate and a House of Representatives. Each legislature lasts two years and consists of a first regular session and a second regular session. Regular sessions begin the second Monday in January and generally last 100 days. Either the legislature or the Governor may call special sessions. In special sessions called by the Governor, the legislature may only consider matters specified by the Governor. There is no such limitation for special sessions called by the legislature.

Bills are prepared for introduction by the Arizona Legislative Council, who may also draft the bill upon request. Bills are drafted in accordance with The Arizona Legislative Bill Drafting Manual. The Legislative Council is a joint legislative committee with members from both the House and the Senate and a professional staff. The Council is responsible for making sure each bill is in proper form, for knowing how each bill will affect other statutes, and for making a determination of whether each bill is constitutional. The Legislative Council also checks bills for compliance with the constitutional requirement that each act cover one subject only and that the title of each act express that subject. (Ariz. Const. art. IV, part 2, §13) When a bill is amending existing legislation, they will indicate new language by all caps and deleted language by strike-through.

In the House, bills must be introduced in the first 29 days of a regular session and the first 10 days of a special session. In the Senate, bills must be introduced in the first 22 days of a regular session and the first 10 days of a special session. In both the House and the Senate, Rules Committee approval is needed to introduce bills after the deadline. Bills may also be pre-filed before the legislative session begins.

Bills are introduced by a member of the House (for House bills) or a member of the Senate (for Senate bills), although they may be initiated from other sources. When a bill is introduced, it is placed in a box called the “hopper” in the office of the Clerk of the House or the Secretary of the Senate. The bill is then given a bill number. The numbering of Senate bills starts at 1001, and the numbering of House bills starts at 2001. The numbering is retained throughout the session.

Once introduced, bills are put on the calendar for a first reading. The Arizona Constitution requires that each bill have three readings, which means that each bill must be read in the chamber in its entirety on three separate days. (Ariz Const. art IV, part 2, §12) To speed things along, there is an exception to the three readings requirement for emergencies. In the House, bills are referred to committee at the first reading, and second reading occurs before the bill is considered by the Committee of the Whole. In the Senate, bills are referred to committee at either the first or second reading. All bills must be sent to at least one standing committee in addition to the Rules Committee. The Rules Committee is a standing committee in both the House and the Senate that must approve each bill, determining whether the bill and any amendments are constitutional and in proper form. The Rules Committee must also make sure that any proposed amendments are on the same subject as the original bill and its title. The Rules Committee may propose an amendment to a bill to correct any deficiencies.

Standing committees hold meetings at regularly scheduled times and may hold additional, special meetings. An agenda is prepared for each committee meeting and lists all bills to be considered that day. Only bills listed on the agenda may be discussed on that particular day. Fact sheets or bill summaries are usually prepared and distributed to committee members by committee staff. There may or may not be hearings on bills considered by the committee. Committees may propose amendments to bills, but these amendments are not incorporated into the bill at this time. Amendments are kept separate until they are approved by the Committee of the Whole. If a bill receives a positive vote by a majority of the committee, it is sent to the chamber with a “do pass” recommendation. The committee staff prepares written minutes of each meeting.

Amendments may be added to a bill by a committee, by the Committee of the Whole, or by a conference committee. One type of amendment is a “strike everything after the enacting clause” amendment, or “striker,” which may only be proposed by a standing committee. Strikers are total replacements of the text of the bill where everything is stricken after the enactment clause – “Be it enacted by the Legislature of the State of Arizona.” Strikers may be on an entirely different subject than the text that is deleted. Legislators use strikers to get around deadlines for introducing bills and to revive bills that have died. Strikers have a more extended notice period than other amendments.

Once out of committee, bills go on the calendar of the Committee of the Whole. A bill may be placed on the Active Calendar of the Committee of the Whole so that the Committee of the Whole may debate the bill, propose floor amendments, and vote on whether the bill should go to third reading. Alternatively, an unamended bill may be placed on the Consent Calendar where it will bypass the Committee of the Whole and go directly to third reading. Before a bill receives its third reading, it is sent to the Legislative Council to become an “engrossed” bill. At this point, approved amendments are incorporated into the bill. Once a bill has been engrossed, it may no longer be amended or debated in that chamber.

After a bill receives its third reading, it is subject to an electronic roll call vote. If the bill fails to pass, it can be revived by a motion to reconsider if the motion is made the day of the vote or the next day by a legislator who voted against the bill. Once a bill has cleared its first chamber, it is sent to the other chamber where the whole process is repeated. When a bill passes the second chamber without amendment, it is sent to the Governor. When a bill passes the second chamber with an amendment and the originating chamber agrees to the amendment, the bill is sent to the Governor. Otherwise, when the House and Senate do not agree on the language of a bill, it is sent to a conference committee, and the conference committee will send an amended bill with a conference committee report to each chamber for a vote. If the amended bill is approved by both chambers, it is sent to the Governor.

The Governor has five days to act on a bill if the legislature is in session or ten days to act if the legislature has adjourned. The Governor may sign the bill, allow it to become law without signature, or veto it. If a bill is vetoed and the legislature is still in session, the House and Senate may override the veto by a 2/3 vote. When a bill is vetoed after the legislature has adjourned, the bill dies. Upon receiving the Governor’s signature, a bill is sent to the Secretary of State where it becomes an act, receives a chapter number for publication in the Arizona session laws, and is codified into the Arizona Revised Statutes. The new law takes effect 90 days after the legislature adjourns, or immediately if it is an emergency bill.

Direct Legislation (Initiatives and Referendums)

Direct legislation in Arizona consists of initiatives and referendums. Initiatives are proposed changes to Arizona statutes or Constitution that must be approved by Arizona voters. For an initiative to be placed on the ballot, a petition containing the text of the proposed measure and the signatures of Arizona registered voters totaling at least 10% of the number of votes cast at the most recent gubernatorial election (15% for constitutional amendments) must be filed with the Secretary of State at least four months before the general election. The Secretary of State and county recorders verify the petitions before placing the measure on the ballot. All registered Arizona voters receive publicity pamphlets that have the text of initiatives and referenda, an impartial analysis provided by the Legislative Council, arguments for and against the proposal that have been submitted to the Secretary of State, and a fiscal impact statement. If an initiative wins the approval of a majority of the voters in the general election, it becomes effective when the election results are proclaimed by the Governor. Referenda are attempts by the voters to block legislation enacted in the most recent legislative session. Laws “immediately necessary for the preservation of the public peace, health, or safety, or for the support and maintenance of the departments of the state government and state institutions” are not subject to referenda. (Ariz. Const. art IV, part 1, §1) Referenda proposers have 90 days after the adjournment of the session where the legislation was enacted to file their petitions. This is why new legislation is not effective until 90 days after the legislature adjourns. The petition must have the signature of Arizona registered voters totaling at least 5% of the voters of the last gubernatorial election. After the petition is successfully filed with the Secretary of State, the new legislation is put on hold until it is approved by the majority of voters in the next general election and the election results are proclaimed by the Governor. Referenda may also be submitted to the electorate by the legislature for their approval or disapproval of new legislation, and all Arizona constitutional amendments proposed by the legislature must be approved by the voters.

In 1998, by initiative, the Arizona Constitution was amended to declare that the Governor may not veto successful referenda and initiatives and that these may not be repealed or amended by the legislature unless the amendment furthers the purposes of the initiative or referendum and is approved by a ¾ vote in each chamber. (Ariz. Const. art IV, part 1, §1) Because this provision was added to the Constitution in 1998, it only affects initiatives and referenda after that date.

Six Reasons to Hire a Lobbyist: By Pugliese Associates, Inc. https://puglieseassociates.com/

When it comes to getting influential lawmakers to hear you, there’s only one way to do it right: hire a Lobbyist.

Lobbyist do what you and your organization cannot.  They have the experience necessary to find the best solutions, they have essential knowledge about the legislative process, and most importantly, they can access the decision-makers who control the process.  If these reasons aren’t enough to convince you to hire a lobbyist, here are six more.

  • Results.

“Elected officials are servants of the people; they should just listen to me directly.”  It isn’t as easy as people think to land a meeting with an elected official.  As much as they want to please constituents, Legislators are extremely busy and have many people wanting to see them about many of the same topics.  Even if you are fortunate enough to get on the calendar, you may still have difficulty articulating your cause in a compelling manner, keeping your issue on the lawmaker’s priority list or diving into the complex regulatory or compliance intricacies that often lie at the heart of a larger issue. 

Experienced lobbyists have none of these problems.  If results matter, hire a Lobbyist.

  • Cost Effectiveness.

“We can handle this internally.”  Rarely does it make financial sense for an organization to build a presence around the Capital with the sole aim of influencing the outcome of a given legislative, regulatory or procurement measure.  It takes more than time to move an agenda; you have to navigate complicated processes efficiently.  Experienced Lobbyist know the players, the procedures and the history better than an in-house team, and the lobbyist hold the real influence.

Lobbyist can truly enhance your efforts and help you build partnerships that last for years.

  • Knowledge.

“My firm and I stay on top of politics.  We are informed enough to hand this.”  Moods swing wildly in the Capital.  Day to day and even minute to minute, it can be tough to keep up with it all.  Experience, information and knowledge are the calling cards of the Lobbyist, because they are perpetually aware of legislation before the General Assembly.  Lobbyist not only know what legislation succeeded and failed in the past, they know why.

Knowing what to say is important, but knowing what not to say is critical.

  • Relationships.

“I have a friend who will get us in front of the right person.”  Lawmakers listen to people they trust.  In many cases, the most trusted people in the Capital are Lobbyist.  Why?  Not only are they a hub of news and statistical information, they also can provide clear, vetted snapshots of the political landscape surrounding a particular issue.  Lobbyist have this information because they have built relationships with staff, agency heads and other key decision-makers.  Good Lobbyist put these relationships to work for their clients.

  • Experience.

“I’ve worked with a legislator in the past, and I know he believes in my cause.”  While your personal relationships are certainly helpful, it usually takes more than one conversation with a Lawmaker, and it always takes more than one Lawmaker to move an agenda.  By way of experience, professional Lobbyist understand who is in what camp, and why, who can carry the water for a given initiative and who to avoid about certain issues.

  • Reputation.

“My Company’s name and reputation can stand on its own merit.”  Even the largest and most recognizable companies have professional Lobbyist working on their behalf.  Successful companies know when it’s time to hand off an issue to a government relations expert.  In fact, they often stake their own reputations on the ability of their Lobbyist to deliver.

Representing a recognizable brand is a tremendous asset for a Lobbyist, especially during complex negotiations.  Regardless of who their client is, however, successful Lobbyist understand that acting ethically and with integrity not only builds trust among those involved, it safeguards their reputations, as well. 

There are many good reasons to engage a Lobbyist and very few to the contrary.  Even the most talented and committed private-sector leaders have difficulty mastering the mazy machinery of modern government.  With the support of a professional government relations expert, success for your business is far more likely.

Short List of AAMHO Accomplishments:

  • 1975–Passage of the Arizona Mobile Home Parks Residential Landlord and Tenant Act.
  • 1976–Mobile Home Owners of Arizona (MHOA) was established.
  • 1979–Central Arizona Mobile Home Owners Association (CAMOA) was formed.
  • 1987–MHOA and CAMOA merged into AAMHO.
  • 1994–AAMHO members turned out in force to prevent SRP from having a special rate higher than that for site-built homes.
  • 1995–A mediation process was developed for residents and park owners to solve problems.
  • 1999–AAMHO passed legislation requiring landlords to present tenants a history of rent increases and provide four-year leases with rent increases clearly defined.
  • 1999–AAMHO enacted legislation modifying the Landlord and Tenant Act so that you can apply to the relocation fund if you are forced to move because of a rent increase above 10% +CPI. [ARS §33-1476.04(A)(3)]
  • 2000–AAMHO passed legislation that increased the amount of relocation money available to home owners.
  • 2005–AAMHO passed legislation allowing residents to file a complaint with the appropriate entity if a park manager fails to provide proof of education.
  • 2008–AAMHO passed legislation so that RV parks charge utility rates for park-supplied utilities that do not exceed the “prevailing single-family or residential fee or rate” of the local provider.
  • 2009–AAMHO enacted legislation providing for assistance and representation without the expense of a lawyer when appearing before an Administrative Law Judge for a hearing to protect your legal rights. [ARS §41-4062(H) and §41-4065(D)]
  • 2011–AAMHO passed legislation to add relocations due to change in age restricted community to an all-age community. [ARS §1476.05]
  • 2016–AAMHO enacted legislation establishing guidelines for tenants and landlords of mobile home parks regarding the maintenance of trees existing within a mobile home space. ARS §33-1434(C) states that any rental agreement executed or adopted after December 31, 2016 shall disclose in writing any requirement that tenant maintain existing trees located on the mobile home space.  ARS §33-1434(D) states any change regarding the  tenant’s obligation to maintain any trees be subject to a substantial modification of the rental agreement.  ARS §33-1434(C,D) states that beginning May 31, 2016, any new rule adopted after the execution of a tenant’s initial rental agreement is unenforceable if the rule imposes a reoccurring financial obligation to the tenant.
  • 2016–AAMHO passed legislation providing that a park cannot require a tenant to place any additional person’s name on the Title to the mobile home as a condition of tenancy or residency for that additional person or pay a fee or other form of penalty for failing to place an additional person’s name on the title to the mobile home. [ARS §33-1452(F)(8)]
  • 2017–AAMHO passed legislation to make park model owners eligible for relocation assistance in the event of change in use or closure of a park [ARS §33-2149] or relocations due to change in age-restricted community use.
  • 2017–AAMHO passed legislation that established a process for licensed realtors to also sell mobile homes with proper training. (ARS §41-4028)
  • 2017–AAMHO passed legislation that provides for increasing the amount of relocation funds in the event of change of use or closure of a park. [ARS §33-1476.01(C)(1)]
  • 2017–AAMHO passed legislation so that any person inheriting a mobile home by will, trust or any other testamentary conveyance may (1) reside in the home if the person meets the requirements of the park, or (2) sell the home in accordance with the deceased tenant’s rental agreement. [ARS §33-1419)
  • 2018 – AAMHO enacted legislation requiring the security deposit or surety bond of $2,500 for not licensed mobile home mover.
  • 2018- AAMHO enacted legislation relocation changes increasing single wide expense to $7,500 and $12,500 for multi-section home.
  • 2018-AAMHO enacted legislation for park model homes moving expense to $4,000 and additional $2,500 for ground-set homes.
  • 2019-Caregiver provision introduced
  • 2020/2021-Caregiver provision signed into AZ LTA/law, is now consistent with Fed’l/HUD.
  • 2022: Caregiver provision to include homes covered by AZ RV Long-Term Rental Space Act;  ARS §33-Ch 19, Articles 1-4, inclusive.