Voters in Arizona defeated a ballot measure on Nov. 5 related to legislative oversight of agency rulemaking.
The measure, Proposition 315, would have required legislative ratification of proposed rules estimated to increase regulatory costs by more than $500,000 over five years before they could take effect. The measure was defeated by a vote of 53.2% – 46.8%, according to votes counted as of Nov. 8.
The measures’ opponents argued, “It undermines the autonomy of state agencies by shifting accountability for spending from the governor’s and state attorney’s offices to the legislature.” Supporters of the measure argued it would return “legislative powers to the legislature and, by extension, to The People of Arizona.”
The ballot measure contained 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. Click here to learn more about the provisions of the REINS Act.
The background
Republican state lawmakers introduced the measure as Senate Concurrent Resolution 1012 (SCR 1012) on January 23. The measure passed the Arizona State Senate on February 22 by a vote of 16-13 along party lines and passed the state House on June 12 by a vote of 31-29 along party lines.
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 needed a two-thirds vote in each chamber to override the governor’s veto. Republicans held 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, such as Proposition 315, on the ballot. The governor’s signature is not required in Arizona to legislatively refer ballot measures.
Proposition 315 marks the first attempt to use a ballot measure to enact REINS-style provisions in a state. Four other states have enacted REINS-style state laws as of November 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.
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