|
ARIZONA
Constitution of the State of Arizona
Article 1
- STATE BOUNDARIES
Article 11
- EDUCATION
Article 22
- SCHEDULE AND
MISCELLANEOUS
Article 2
- DECLARATION OF
RIGHTS
Article 12
- COUNTIES
Article 25
- RIGHT TO WORK
Article 3
- DISTRIBUTION OF
POWERS
Article 13
–MUNICIPAL
CORPORATIONS
Article 26
- RIGHT OF LICENSED
REAL ESTATE BROKERS AND
SALESMEN TO PREPARE
INSTRUMENTS INCIDENT TO
PROPERTY TRANSACTIONS
Article 4
– LEGISLATIVE
DEPARTMENT
Article 14
- CORPORATIONS
OTHER THAN MUNICIPAL
Article 27
- REGULATION OF
PUBLIC HEALTH, SAFETY AND
WELFARE
Article 5
- EXECUTIVE
DEPARTMENT
Article 15
- THE CORPORATION
COMMISSION
Article 28
- ENGLISH AS THE
OFFICIAL LANGUAGE
Article 6
- JUDICIAL DEPARTMENT
Article 16
- MILITIA
Article 29
PUBLIC RETIREMENT
SYSTEMS
Article 6.1
- COMMISSION OF
JUDICIAL CONDUCT
Article 17
- WATER RIGHTS
Article 7
- SUFFRAGE AND
ELECTIONS
Article 18
- LABOR
Article 8
- REMOVAL FROM OFFICE
Article 19
- MINES
Article 9
- PUBLIC DEPT, REVENUE,
AND TAXATION
Article 20
- ORDINANCE
Article 10
- STATE AND SCHOOL
LANDS
Article 21
- MODE OF AMENDING.1
Article 1 - STATE BOUNDARIES
1.
Designation of boundaries
Section 1. The boundaries of the State of
Arizona shall be as follows,
namely: Beginning at a point on the Colorado
River twenty English miles below the
junction of the Gila and Colorado Rivers, as
fixed by the Gadsden Treaty between the
United States and Mexico, being in latitude
thirty-two degrees, twenty-nine minutes,
forty-four and forty-five one- hundredths
seconds north and longitude one hundred
fourteen degrees, forty-eight minutes,
forty-four and fifty-three one -hundredths seconds
west of Greenwich; thence along and with the
international boundary line between the
United States and Mexico in a southeastern
direction to Monument Number 127 on
said boundary line in latitude thirty-one
degrees, twenty minutes north; thence east along
and with said parallel of latitude, continuing
on said boundary line to an intersection with
the meridian of longitude one hundred nine
degrees, two minutes, fifty-nine and twenty-five
one-hundredths seconds west, being identical
with the southwestern corner of New
Mexico; thence north along and with said
meridian of longitude and the west boundary
of New Mexico to an intersection with the
parallel of latitude thirty-seven degrees north,
being the common corner of Colorado, Utah,
Arizona, and New Mexico; thence west
along and with said parallel of latitude and
the south boundary of Utah to an intersection
with the meridian of longitude one hundred
fourteen degrees, two minutes, fifty-nine and
twenty-five one-hundredths seconds west, being
on the east boundary line of the State
of Nevada; thence south along and with said
meridian of longitude and the east
boundary of said State of Nevada, to the
center of the Colorado River; thence down
the mid-channel of said Colorado River in a
southern direction along and with the east
boundaries of Nevada, California, and the
Mexican Territory of Lower California,
successively, to the place of beginning.
2.
Alteration of state boundaries
Section 2. The legislature, in cooperation
with the properly constituted authority
of any adjoining state, is empowered to
change, alter, and redefine the state boundaries,
such change, alteration and redefinition to
become effective only upon approval of the
Congress of the United States.
Preamble
We, the people of the State of Arizona,
grateful to Almighty God for our liberties, do ordain this
Constitution..2
Article 2 - DECLARATION OF RIGHTS
1.
Fundamental principles; recurrence to
Section 1. A frequent recurrence to
fundamental principles is essential to the
security of individual rights and the
perpetuity of free government.
2.
Political power; purpose of government
Section 2. All political power is inherent in
the people, and governments derive
their just powers from the consent of the
governed, and are established to protect and
maintain individual rights.
2. Victims'
bill of rights
Section 2.1. (A) To preserve and protect
victims' rights to justice and due
process, a victim of crime has a right:
1. To be treated with fairness, respect, and
dignity, and to be free from
intimidation, harassment, or abuse, throughout
the criminal justice process.
2. To be informed, upon request, when the
accused or convicted person is
released from custody or has escaped.
3. To be present at and, upon request, to be
informed of all criminal
proceedings where the defendant has the right
to be present.
4. To be heard at any proceeding involving a
post-arrest release decision, a
negotiated plea, and sentencing.
5. To refuse an interview, deposition, or
other discovery request by the
defendant, the defendant's attorney, or other
person acting on behalf of the defendant.
6. To confer with the prosecution, after the
crime against the victim has been
charged, before trial or before any
disposition of the case and to be informed of the
disposition.
7. To read pre-sentence reports relating to
the crime against the victim when
they are available to the defendant.
8. To receive prompt restitution from the
person or persons convicted of the
criminal conduct that caused the victim's loss
or injury.
9. To be heard at any proceeding when any
post-conviction release from
confinement is being considered.
10. To a speedy trial or disposition and
prompt and final conclusion of the case
after the conviction and sentence.
11. To have all rules governing criminal
procedure and the admissibility of
evidence in all criminal proceedings protect
victims' rights and to have these rules be
subject to amendment or repeal by the
legislature to ensure the protection of these
rights.
12. To be informed of victims' constitutional
rights..3
(B) A victim's exercise of any right granted
by this section shall not be grounds
for dismissing any criminal proceeding or
setting aside any conviction or sentence.
(C) "Victim" means a person against whom the
criminal offense has been
committed or, if the person is killed or
incapacitated, the person's spouse, parent, child
or other lawful representative, except if the
person is in custody for an offense or is the
accused.
(D) The legislature, or the people by
initiative or referendum, have the authority
to enact substantive and procedural laws to
define, implement, preserve and protect the
rights guaranteed to victims by this section,
including the authority to extend any of these
rights to juvenile proceedings.
(E) The enumeration in the constitution of
certain rights for victims shall not be
construed to deny or disparage others granted
by the legislature or retained by victims.
3. Supreme
law of the land
Section 3. The Constitution of the United
States is the supreme law of the land.
4. Due
process of law
Section 4. No person shall be deprived of
life, liberty, or property without due
process of law.
5. Right of
petition and of assembly
Section 5. The right of petition, and of the
people peaceably to assemble for
the common good, shall never be abridged.
6. Freedom
of speech and press
Section 6. Every person may freely speak,
write, and publish on all subjects,
being responsible for the abuse of that right.
7. Oaths
and affirmations
Section 7. The mode of administering an oath,
or affirmation, shall be such as
shall be most consistent with and binding upon
the conscience of the person to whom
such oath, or affirmation, may be
administered.
8. Right to
privacy
Section 8. No person shall be disturbed in his
private affairs, or his home
invaded, without authority of law..4
9.
Irrevocable grants of privileges, franchises or immunities
Section 9. No law granting irrevocably any
privilege, franchise, or immunity
shall be enacted.
10
Self-incrimination; double jeopardy
Section 10. No person shall be compelled in
any criminal case to give
evidence against himself, or be twice put in
jeopardy for the same offense.
11
Administration of justice
Section 11. Justice in all cases shall be
administered openly, and without
unnecessary delay.
12 Liberty
of conscience; appropriations for religious purposes
prohibited; religious freedom
Section 12. The liberty of conscience secured
by the provisions of this
constitution shall not be so construed as to
excuse acts of licentiousness, or justify
practices inconsistent with the peace and
safety of the state. No public money or
property shall be appropriated for or applied
to any religious worship, exercise, or
instruction, or to the support of any
religious establishment. No religious qualification
shall be required for any public office or
employment, nor shall any person be
incompetent as a witness or juror in
consequence of his opinion on matters of religion,
nor be questioned touching his religious
belief in any court of justice to affect the weight
of his testimony.
13 Equal
privileges and immunities
Section 13. No law shall be enacted granting
to any citizen, class of citizens, or
corporation other than municipal, privileges
or immunities which, upon the same terms,
shall not equally belong to all citizens or
corporations.
14 Habeas
corpus
Section 14. The privilege of the writ of
habeas corpus shall not be suspended
by the authorities of the state.
15
Excessive bail; cruel and unusual punishment
Section 15. Excessive bail shall not be
required, nor excessive fines imposed,
nor cruel and unusual punishment inflicted..5
16
Corruption of blood; forfeiture of estate
Section 16. No conviction shall work
corruption of blood, or forfeiture of
estate.
17 Eminent
domain; just compensation for private property taken; public
use as judicial question
Section 17. Private property shall not be
taken for private use, except for
private ways of necessity, and for drains,
flumes, or ditches, on or across the lands of
others for mining, agricultural, domestic, or
sanitary purposes. No private property shall
be taken or damaged for public or private use
without just compensation having first
been made, paid into court for the owner,
secured by bond as may be fixed by the
court, or paid into the state treasury for the
owner on such terms and conditions as the
legislature may provide, and no right of way
shall be appropriated to the use of any
corporation other than municipal, until full
compensation therefore be first made in
money, or ascertained and paid into court for
the owner, irrespective of any benefit
from any improvement proposed by such
corporation, which compensation shall be
ascertained by a jury, unless a jury be waived
as in other civil cases in courts of record,
in the manner prescribed by law. Whenever an
attempt is made to take private
property for a use alleged to be public, the
question whether the contemplated use be
really public shall be a judicial question,
and determined as such without regard to any
legislative assertion that the use is public.
18
Imprisonment for debt
Section 18. There shall be no imprisonment for
debt, except in cases of fraud.
19 Bribery
or illegal rebating; witnesses; self-incrimination no defense
Section 19. Any person having knowledge or
possession of facts that tend to
establish the guilt of any other person or
corporation charged with bribery or illegal
rebating, shall not be excused from giving
testimony or producing evidence, when legally
called upon to do so, on the ground that it
may tend to incriminate him under the laws of
the state; but no person shall be prosecuted
or subject to any penalty or forfeiture for,
or on account of, any transaction, matter, or
thing concerning which he may so testify or
produce evidence.
20 Military
power subordinate to civil power
Section 20. The military shall be in strict
subordination to the civil power..6
21 Free and
equal elections
Section 21. All elections shall be free and
equal, and no power, civil or military,
shall at any time interfere to prevent the
free exercise of the right of suffrage.
22 Bailable
offenses
Section 22. All persons charged with crime
shall be bailable by sufficient
sureties, except for:
1. Capital offenses when the proof is evident
or the presumption great.
2. Felony offenses, committed when the person
charged is already admitted to
bail on a separate felony charge and where the
proof is evident or the presumption great
as to the present charge.
3. Felony offenses if the person charged poses
a substantial danger to any
other person or the community, if no
conditions of release which may be imposed will
reasonably assure the safety of the other
person or the community and if the proof is
evident or the presumption great as to the
present charge.
23 Trial by
jury; number of jurors specified by law
Section 23. The right of trial by jury shall
remain inviolate. Juries in criminal
cases in which a sentence of death or
imprisonment for thirty years or more is
authorized by law shall consist of twelve
persons. In all criminal cases the unanimous
consent of the jurors shall be necessary to
render a verdict. In all other cases, the
number of jurors, not less than six, and the
number required to render a verdict, shall be
specified by law.
24 Rights
of accused in criminal prosecutions
Section 24. In criminal prosecutions, the
accused shall have the right to appear
and defend in person, and by counsel, to
demand the nature and cause of the accusation
against him, to have a copy thereof, to
testify in his own behalf, to meet the witnesses
against him face to face, to have compulsory
process to compel the attendance of
witnesses in his own behalf, to have a speedy
public trial by an impartial jury of the
county in which the offense is alleged to have
been committed, and the right to appeal in
all cases; and in no instance shall any
accused person before final judgment be
compelled to advance money or fees to secure
the rights herein guaranteed.
25 Bills of
attainder; ex post facto laws; impairment of contract
obligations
Section 25. No bill of attainder,
ex-post-facto law, or law impairing the
obligation of a contract, shall ever be
enacted.
26 Bearing
arms
Section 26. The right of the individual
citizen to bear arms in defense of himself
or the state shall not be impaired, but
nothing in this section shall be construed as.7
authorizing individuals or corporations to
organize, maintain, or employ an armed body
of men.
27 Standing
army; quartering soldiers
Section 27. No standing army shall be kept up
by this state in time of peace,
and no soldier shall in time of peace be
quartered in any house without the consent of its
owner, nor in time of war except in the manner
prescribed by law.
28 Treason
Section 28. Treason against the state shall
consist only in levying war against
the state, or adhering to its enemies, or in
giving them aid and comfort. No person shall
be convicted of treason unless on the
testimony of two witnesses to the same overt act,
or confession in open court.
29
Hereditary emoluments, privileges or powers; perpetuities or
entailments
Section 29. No hereditary emoluments,
privileges, or powers shall be granted
or conferred, and no law shall be enacted
permitting any perpetuity or entailment in this
state.
30
Indictment or information; preliminary examination
Section 30. No person shall be prosecuted
criminally in any court of record for
felony or misdemeanor, otherwise than by
information or indictment; no person shall be
prosecuted for felony by information without
having had a preliminary examination
before a magistrate or having waived such
preliminary examination.
31 Damages
for death or personal injuries
Section 31. No law shall be enacted in this
state limiting the amount of damages
to be recovered for causing the death or
injury of any person.
32
Constitutional provisions mandatory
Section 32. The provisions of this
Constitution are mandatory, unless by
express words they are declared to be
otherwise.
33
Reservation of rights
Section 33. The enumeration in this
Constitution of certain rights shall not be
construed to deny others retained by the
people..8
34
Industrial pursuits by state and municipal corporations
Section 34. The state of Arizona and each
municipal corporation within the
state of Arizona shall have the right to
engage in industrial pursuits.
Article 3 - DISTRIBUTION OF POWERS
ARTICLE III
DISTRIBUTION OF POWERS
The powers of the government of the state of
Arizona shall be divided into three
separate departments, the legislative, the
executive, and the judicial; and, except as
provided in this constitution, such
departments shall be separate and distinct, and no one
of such departments shall exercise the powers
properly belonging to either of the others.
Article 4 - LEGISLATIVE DEPARTMENT
1.
Legislative authority; initiative and referendum
Section 1. (1) Senate; house of
representatives; reservation of power to
people. The legislative authority of the state
shall be vested in the legislature, consisting
of a senate and a house of representatives,
but the people reserve the power to propose
laws and amendments to the constitution and to
enact or reject such laws and
amendments at the polls, independently of the
legislature; and they also reserve, for use
at their own option, the power to approve or
reject at the polls any act, or item, section,
or part of any act, of the legislature.
(2) Initiative power. The first of these
reserved powers is the initiative. Under
this power ten per centum of the qualified
electors shall have the right to propose any
measure, and fifteen per centum shall have the
right to propose any amendment to the
constitution.
(3) Referendum power; emergency measures;
effective date of acts. The
second of these reserved powers is the
referendum. Under this power the legislature, or
five per centum of the qualified electors, may
order the submission to the people at the
polls of any measure, or item, section, or
part of any measure, enacted by the
legislature, except 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; but to
allow opportunity for referendum petitions, no
act passed by the legislature shall be
operative for ninety days after the close of the
session of the legislature enacting such
measure, except such as require earlier operation
to preserve the public peace, health, or
safety, or to provide appropriations for the
support and maintenance of the departments of
the state and of state institutions;
provided, that no such emergency measure shall
be considered passed by the legislature
unless it shall state in a separate section
why it is necessary that it shall become.9
immediately operative, and shall be approved
by the affirmative votes of two-thirds of
the members elected to each house of the
legislature, taken by roll call of ayes and nays,
and also approved by the governor; and should
such measure be vetoed by the
governor, it shall not become a law unless it
shall be approved by the votes of three-fourths
of the members elected to each house of the
legislature, taken by roll call of ayes
and nays.
(4) Initiative and referendum petitions;
filing. All petitions submitted under the
power of the initiative shall be known as
initiative petitions, and shall be filed with the
secretary of state not less than four months
preceding the date of the election at which
the measures so proposed are to be voted upon.
All petitions submitted under the
power of the referendum shall be known as
referendum petitions, and shall be filed with
the secretary of state not more than ninety
days after the final adjournment of the session
of the legislature which shall have passed the
measure to which the referendum is
applied. The filing of a referendum petition
against any item, section, or part of any
measure shall not prevent the remainder of
such measure from becoming operative.
(5) Effective date of initiative and
referendum measures. Any measure or
amendment to the constitution proposed under
the initiative, and any measure to which
the referendum is applied, shall be referred
to a vote of the qualified electors, and shall
become law when approved by a majority of the
votes cast thereon and upon
proclamation of the governor, and not
otherwise.
(6) (A) Veto of initiative or referendum. The
veto power of the governor shall
not extend to an initiative measure approved
by a majority of the votes cast thereon or
to a referendum measure decided by a majority
of the votes cast thereon.
(6) (B) Legislature's power to repeal
initiative or referendum. The legislature
shall not have the power to repeal an
initiative measure approved by a majority of the
votes cast thereon or to repeal a referendum
measure decided by a majority of the
votes cast thereon.
(6) (C) Legislature's power to amend
initiative or referendum. The legislature
shall not have the power to amend an
initiative measure approved by a majority of the
votes cast thereon, or to amend a referendum
measure decided by a majority of the
votes cast thereon, unless the amending
legislation furthers the purposes of such
measure and at least three-fourths of the
members of each house of the legislature, by a
roll call of ayes and nays, vote to amend such
measure.
(6) (D) Legislature's power to appropriate or
divert funds created by initiative
or referendum. The legislature shall not have
the power to appropriate or divert funds
created or allocated to a specific purpose by
an initiative measure approved by a
majority of the votes cast thereon, or by a
referendum measure decided by a majority of
the votes cast thereon, unless the
appropriation or diversion of funds furthers the
purposes of such measure and at least
three-fourths of the members of each house of
the legislature, by a roll call of ayes and
nays, vote to appropriate or divert such funds.
(7) Number of qualified electors. The whole
number of votes cast for all
candidates for governor at the general
election last preceding the filing of any initiative or.10
referendum petition on a state or county
measure shall be the basis on which the number
of qualified electors required to sign such
petition shall be computed.
(8) Local, city, town or county matters. The
powers of the initiative and the
referendum are hereby further reserved to the
qualified electors of every incorporated
city, town, and county as to all local, city,
town, or county matters on which such
incorporated cities, towns, and counties are
or shall be empowered by general laws to
legislate. Such incorporated cities, towns,
and counties may prescribe the manner of
exercising said powers within the restrictions
of general laws. Under the power of the
initiative fifteen per centum of the qualified
electors may propose measures on such
local, city, town, or county matters, and ten
per centum of the electors may propose the
referendum on legislation enacted within and
by such city, town, or county. Until
provided by general law, said cities and towns
may prescribe the basis on which said
percentages shall be computed.
(9) Form and contents of initiative and of
referendum petitions; verification.
Every initiative or referendum petition shall
be addressed to the secretary of state in the
case of petitions for or on state measures,
and to the clerk of the board of supervisors,
city clerk, or corresponding officer in the
case of petitions for or on county, city, or
town measures; and shall contain the
declaration of each petitioner, for himself, that he is
a qualified elector of the state (and in the
case of petitions for or on city, town, or
county measures, of the city, town, or county
affected), his post office address, the
street and number, if any, of his residence,
and the date on which he signed such
petition. Each sheet containing petitioners'
signatures shall be attached to a full and
correct copy of the title and text of the
measure so proposed to be initiated or referred
to the people, and every sheet of every such
petition containing signatures shall be
verified by the affidavit of the person who
circulated said sheet or petition, setting forth
that each of the names on said sheet was
signed in the presence of the affiant and that in
the belief of the affiant each signer was a
qualified elector of the state, or in the case of a
city, town, or county measure, of the city,
town, or county affected by the measure so
proposed to be initiated or referred to the
people.
(10) Official ballot. When any initiative or
referendum petition or any measure
referred to the people by the legislature
shall be filed, in accordance with this section,
with the secretary of state, he shall cause to
be printed on the official ballot at the next
regular general election the title and number
of said measure, together with the words
"yes" and "no" in such manner that the
electors may express at the polls their approval
or disapproval of the measure.
(11) Publication of measures. The text of all
measures to be submitted shall be
published as proposed amendments to the
constitution are published, and in submitting
such measures and proposed amendments the
secretary of state and all other officers
shall be guided by the general law until
legislation shall be especially provided therefor.
(12) Conflicting measures or constitutional
amendments. If two or more
conflicting measures or amendments to the
constitution shall be approved by the people
at the same election, the measure or amendment
receiving the greatest number of
affirmative votes shall prevail in all
particulars as to which there is conflict..11
(13) Canvass of votes; proclamation. It shall
be the duty of the secretary of
state, in the presence of the governor and the
chief justice of the supreme court, to
canvass the votes for and against each such
measure or proposed amendment to the
constitution within thirty days after the
election, and upon the completion of the canvass
the governor shall forthwith issue a
proclamation, giving the whole number of votes cast
for and against each measure or proposed
amendment, and declaring such measures or
amendments as are approved by a majority of
those voting thereon to be law.
(14) Reservation of legislative power. This
section shall not be construed to
deprive the legislature of the right to enact
any measure. Except that the legislature shall
not have the power to adopt any measure that
supersedes, in whole or in part, any
initiative measure approved by a majority of
the votes cast thereon or any referendum
measure decided by a majority of the votes
cast thereon unless the superseding measure
furthers the purposes of the initiative or
referendum measure and at least three-fourths of
the members of each house of the legislature,
by a roll call of ayes and nays, vote to
supersede such initiative or referendum
measure.
(15) Legislature's right to refer measure to
the people. Nothing in this section
shall be construed to deprive or limit the
legislature of the right to order the submission
to the people at the polls of any measure,
item, section, or part of any measure.
(16) Self-executing. This section of the
constitution shall be, in all respects, self-executing.
2. Penalty
for violation of initiative and referendum provisions
Section 2. The legislature shall provide a
penalty for any wilful violation of any
of the provisions of the preceding section.
1. Senate;
house of representatives; members;
special session upon
petition of members; congressional and
legislative boundaries; citizen commissions
Section 1. (1) The senate shall be composed of
one member elected from
each of the thirty legislative districts
established pursuant to this section.
The house of representatives shall be composed
of two members elected
from each of the thirty legislative districts
established pursuant to this section.
(2) Upon the presentation to the governor of a
petition bearing the
signatures of not less than two-thirds of the
members of each house, requesting a
special session of the legislature and
designating the date of convening, the
governor shall promptly call a special session
to assemble on the date specified.
At a special session so called the subjects
which may be considered by the
legislature shall not be limited.
(3) By February 28 of each year that ends in
one, an independent
redistricting commission shall be established
to provide for the redistricting of
congressional and state legislative districts.
The independent redistricting
commission shall consist of five members. No
more than two members of the.12
independent redistricting commission shall be
members of the same political party.
Of the first four members appointed, no more
than two shall reside in the same
county. Each member shall be a registered
Arizona voter who has been
continuously registered with the same
political party or registered as unaffiliated
with a political party for three or more years
immediately preceding appointment,
who is committed to applying the provisions of
this section in an honest,
independent and impartial fashion and to
upholding public confidence in the
integrity of the redistricting process. Within
the three years previous to
appointment, members shall not have been
appointed to, elected to, or a candidate
for any other public office, including
precinct committeeman or committeewoman
but not including school board member or
officer, and shall not have served as an
officer of a political party, or served as a
registered paid lobbyist or as an officer
of a candidate's campaign committee.
(4) The commission on appellate court
appointments shall nominate
candidates for appointment to the independent
redistricting commission, except
that, if a politically balanced commission
exists whose members are nominated by
the commission on appellate court appointments
and whose regular duties relate to
the elective process, the commission on
appellate court appointments may
delegate to such existing commission
(hereinafter called the commission on
appellate court appointments' designee) the
duty of nominating members for the
independent redistricting commission, and all
other duties assigned to the
commission on appellate court appointments in
this section.
(5) By January 8 of years ending in one, the
commission on appellate
court appointments or its designee shall
establish a pool of persons who are willing
to serve on and are qualified for appointment
to the independent redistricting
commission. The pool of candidates shall
consist of twenty-five nominees, with ten
nominees from each of the two largest
political parties in Arizona based on party
registration, and five who are not registered
with either of the two largest political
parties in Arizona.
(6) Appointments to the independent
redistricting commission shall be
made in the order set forth below. No later
than January 31 of years ending in one,
the highest ranking officer elected by the
Arizona house of representatives shall
make one appointment to the independent
redistricting commission from the pool
of nominees, followed by one appointment from
the pool made in turn by each of
the following: the minority party leader of
the Arizona house of representatives, the
highest ranking officer elected by the Arizona
senate, and the minority party leader
of the Arizona senate. Each such official
shall have a seven-day period in which to
make an appointment. Any official who fails to
make an appointment within the
specified time period will forfeit the
appointment privilege. In the event that there
are two or more minority parties within the
house or the senate, the leader of the
largest minority party by statewide party
registration shall make the appointment.
(7) Any vacancy in the above four independent
redistricting commission
positions remaining as of March 1 of a year
ending in one shall be filled from the.13
pool of nominees by the commission on
appellate court appointments or its
designee. The appointing body shall strive for
political balance and fairness.
(8) At a meeting called by the secretary of
state, the four independent
redistricting commission members shall select
by majority vote from the nomination
pool a fifth member who shall not be
registered with any party already represented
on the independent redistricting commission
and who shall serve as chair. If the
four commissioners fail to appoint a fifth
member within fifteen days, the
commission on appellate court appointments or
its designee, striving for political
balance and fairness, shall appoint a fifth
member from the nomination pool, who
shall serve as chair.
(9) The five commissioners shall then select
by majority vote one of their
members to serve as vice-chair.
(10) After having been served written notice
and provided with an
opportunity for a response, a member of the
independent redistricting commission
may be removed by the governor, with the
concurrence of two-thirds of the
senate, for substantial neglect of duty, gross
misconduct in office, or inability to
discharge the duties of office.
(11) If a commissioner or chair does not
complete the term of office for
any reason, the commission on appellate court
appointments or its designee shall
nominate a pool of three candidates within the
first thirty days after the vacancy
occurs. The nominees shall be of the same
political party or status as was the
member who vacated the office at the time of
his or her appointment, and the
appointment other than the chair shall be made
by the current holder of the office
designated to make the original appointment.
The appointment of a new chair shall
be made by the remaining commissioners. If the
appointment of a replacement
commissioner or chair is not made within
fourteen days following the presentation
of the nominees, the commission on appellate
court appointments or its designee
shall make the appointment, striving for
political balance and fairness. The newly
appointed commissioner shall serve out the
remainder of the original term.
(12) Three commissioners, including the chair
or vice-chair, constitute a
quorum. Three or more affirmative votes are
required for any official action.
Where a quorum is present, the independent
redistricting commission shall conduct
business in meetings open to the public, with
48 or more hours public notice
provided.
(13) A commissioner, during the commissioner's
term of office and for
three years thereafter, shall be ineligible
for Arizona public office or for registration
as a paid lobbyist.
(14) The independent redistricting commission
shall establish
congressional and legislative districts. The
commencement of the mapping process
for both the congressional and legislative
districts shall be the creation of districts
of equal population in a grid-like pattern
across the state. Adjustments to the grid
shall then be made as necessary to accommodate
the goals as set forth below:.14
A. Districts shall comply with the United
States Constitution and the
United States voting rights act;
B. Congressional districts shall have equal
population to the extent
practicable, and state legislative districts
shall have equal population to the extent
practicable;
C. Districts shall be geographically compact
and contiguous to the extent
practicable;
D. District boundaries shall respect
communities of interest to the extent
practicable;
E. To the extent practicable, district lines
shall use visible geographic
features, city, town and county boundaries,
and undivided census tracts;
F. To the extent practicable, competitive
districts should be favored
where to do so would create no significant
detriment to the other goals.
(15) Party registration and voting history
data shall be excluded from the
initial phase of the mapping process but may
be used to test maps for compliance
with the above goals. The places of residence
of incumbents or candidates shall
not be identified or considered.
(16) The independent redistricting commission
shall advertise a draft map
of congressional districts and a draft map of
legislative districts to the public for
comment, which comment shall be taken for at
least thirty days. Either or both
bodies of the legislature may act within this
period to make recommendations to
the independent redistricting commission by
memorial or by minority report, which
recommendations shall be considered by the
independent redistricting commission.
The independent redistricting commission shall
then establish final district
boundaries.
(17) The provisions regarding this section are
self-executing. The
independent redistricting commission shall
certify to the secretary of state the
establishment of congressional and legislative
districts.
(18) Upon approval of this amendment, the
department of administration
or its successor shall make adequate office
space available for the independent
redistricting commission. The treasurer of the
state shall make $6,000,000
available for the work of the independent
redistricting commission pursuant to the
year 2000 census. Unused monies shall be
returned to the state's general fund. In
years ending in eight or nine after the year
2001, the department of administration
or its successor shall submit to the
legislature a recommendation for an
appropriation for adequate redistricting
expenses and shall make available
adequate office space for the operation of the
independent redistricting
commission. The legislature shall make the
necessary appropriations by a majority
vote.
(19) The independent redistricting commission,
with fiscal oversight from
the department of administration or its
successor, shall have procurement and
contracting authority and may hire staff and
consultants for the purposes of this
section, including legal representation..15
(20) The independent redistricting commission
shall have standing in legal
actions regarding the redistricting plan and
the adequacy of resources provided for
the operation of the independent redistricting
commission. The independent
redistricting commission shall have sole
authority to determine whether the Arizona
attorney general or counsel hired or selected
by the independent redistricting
commission shall represent the people of
Arizona in the legal defense of a
redistricting plan.
(21) Members of the independent redistricting
commission are eligible for
reimbursement of expenses pursuant to law, and
a member's residence is deemed
to be the member's post of duty for purposes
of reimbursement of expenses.
(22) Employees of the department of
administration or its successor shall
not influence or attempt to influence the
district-mapping decisions of the
independent redistricting commission.
(23) Each commissioner's duties established by
this section expire upon
the appointment of the first member of the
next redistricting commission. The
independent redistricting commission shall not
meet or incur expenses after the
redistricting plan is completed, except if
litigation or any government approval of
the plan is pending, or to revise districts if
required by court decisions or if the
number of congressional or legislative
districts is changed.
2.
Qualifications of members of legislature
Section 2. No person shall be a member of the
Legislature unless he shall be a
citizen of the United States at the time of
his election, nor unless he shall be at least
twenty-five years of age, and shall have been
a resident of Arizona at least three years
and of the county from which he is elected at
least one year before his election.
3. Sessions
of legislature; special sessions; limitation of subjects for
consideration
Section 3. The sessions of the legislature
shall be held annually at the capitol of
the state, and shall commence on the second
Monday of January of each year. The
governor may call a special session, whenever
in his judgment it is advisable. In calling
a special session, the governor shall specify
the subjects to be considered, and at such
special session no laws shall be enacted
except such as relate to the subjects mentioned
in the call.
4.
Disqualification for membership in Legislature
Section 4. No person holding any public office
of profit or trust under the
authority of the United States, or of this
state, shall be a member of the legislature;
Provided, that appointments in the state
militia and the offices of notary public, justice of.16
the peace, United States commissioner, and
postmaster of the fourth class, shall not
work disqualification for membership within
the meaning of this section.
5.
Ineligibility of members of legislature to other public offices
Section 5. No member of the legislature,
during the term for which he shall
have been elected or appointed shall be
eligible to hold any other office or be otherwise
employed by the state of Arizona or, any
county or incorporated city or town
thereof. This prohibition shall not extend to
the office of school trustee, nor to
employment as a teacher or instructor in the
public school system.
6.
Privilege from arrest; civil process
Section 6. Members of the legislature shall be
privileged from arrest in all cases
except treason, felony, and breach of the
peace, and they shall not be subject to any
civil process during the session of the
legislature, nor for fifteen days next before the
commencement of each session.
7. Freedom
of debate
Section 7. No member of the legislature shall
be liable in any civil or criminal
prosecution for words spoken in debate.
8.
Organization; officers; rules of procedure
Section 8. Each house, when assembled, shall
choose its own officers, judge of
the election and qualification of its own
members, and determine its own rules of
procedure.
9. Quorum;
compelling attendance; adjournment
Section 9. The majority of the members of each
house shall constitute a
quorum to do business, but a smaller number
may meet, adjourn from day to day, and
compel the attendance of absent members, in
such manner and under such penalties as
each house may prescribe. Neither house shall
adjourn for more than three days, nor to
any place other than that in which it may be
sitting, without the consent of the other.
10 Journal
of proceedings; roll call
Section 10. Each house shall keep a journal of
its proceedings, and at the
request of two members the ayes and nays on
roll call on any question shall be entered..17
11
Disorderly behavior; expulsion of members
Section 11. Each house may punish its members
for disorderly behavior, and
may, with the concurrence of two-thirds of its
members, expel any member.
12
Procedure on bills; approval or disapproval by governor
Section 12. Every bill shall be read by
sections on three different days, unless in
case of emergency, two-thirds of either house
deem it expedient to dispense with this
rule. The vote on the final passage of any
bill or joint resolution shall be taken by ayes
and nays on roll call. Every measure when
finally passed shall be presented to the
governor for his approval or disapproval.
13 Subject
and title of bills
Section 13. Every act shall embrace but one
subject and matters properly
connected therewith, which subject shall be
expressed in the title; but if any subject shall
be embraced in an act which shall not be
expressed in the title, such act shall be void
only as to so much thereof as shall not be
embraced in the title.
14
Legislation by reference prohibited
Section 14. No Act or section thereof shall be
revised or amended by mere
reference to the title of such act, but the
act or section as amended shall be set forth and
published at full length.
15 Passage
of bills by majority; signing of bills
Section 15. A majority of all members elected
to each house shall be necessary
to pass any bill, and all bills so passed
shall be signed by the presiding officer of each
house in open session.
16 Right to
protest
Section 16. Any member of the legislature
shall have the right to protest and
have the reasons of his protest entered on the
journal.
17 Extra
compensation prohibited; increase or decrease of compensation
during term of office
Section 17. The legislature shall never grant
any extra compensation to any
public officer, agent, servant or contractor,
after the services shall have been rendered
or the contract entered into, nor shall the
compensation of any public officer, other than
a justice of the peace, be increased or
diminished during his term of office; provided,
however, that when any legislative increase or
decrease in compensation of the
members of any court or the clerk thereof, or
of any board or commission composed of
two or more officers or persons whose
respective terms of office are not coterminous,
has heretofore or shall hereafter become
effective as to any member or clerk of such.18
court, or any member of such board or
commission, it shall be effective from such date
as to each thereof.
18 Suits
against state
Section 18. The legislature shall direct by
law in what manner and in what
courts suits may be brought against the state.
19 Local or
special laws
Section 19. No local or special laws shall be
enacted in any of the following
cases, that is to say:
1. Granting divorces.
2. Locating or changing county seats.
3. Changing rules of evidence.
4. Changing the law of descent or succession.
5. Regulating the practice of courts of
justice.
6. Limitation of civil actions or giving
effect to informal or invalid deeds.
7. Punishment of crimes and misdemeanors.
8. Laying out, opening, altering, or vacating
roads, plats, streets, alleys, and
public squares.
9. Assessment and collection of taxes.
10. Regulating the rate of interest on money.
11. The conduct of elections.
12. Affecting the estates of deceased persons
or of minors.
13. Granting to any corporation, association,
or individual, any special or
exclusive privileges, immunities, or
franchises.
14. Remitting fines, penalties, and
forfeitures.
15. Changing names of persons or places.
16. Regulating the jurisdiction and duties of
justices of the peace.
17. Incorporation of cities, towns, or
villages, or amending their charters.
18. Relinquishing any indebtedness, liability,
or obligation to this State.
19. Summoning and empanelling of juries.
20. When a general law can be made applicable.
20
Appropriation bills
Section 20. The general appropriation bill
shall embrace nothing but
appropriations for the different departments
of the state, for state institutions, for public
schools, and for interest on the public debt.
All other appropriations shall be made by
separate bills, each embracing but one
subject.
21 Term
limits of members of state legislature.
Section 21. The members of the first
legislature shall hold office until the first
Monday in January, 1913. The terms of office
of the members of succeeding.19
legislatures shall be two years. No state
senator shall serve more than four consecutive
terms in that office, nor shall any state
representative serve more than four consecutive
terms in that office. This limitation on the
number of terms of consecutive service shall
apply to terms of office beginning on or after
January 1, 1993. No legislator, after
serving the maximum number of terms, which
shall include any part of a term served,
may serve in the same office until he has been
out of office for no less than one full term.
22 Juvenile
justice; certain chronic and violent juvenile offenders
prosecuted as adults; community alternatives
for certain juvenile
offenders; public proceedings and records
Section 22. In order to preserve and protect
the right of the people to justice
and public safety, and to ensure fairness and
accountability when juveniles engage in
unlawful conduct, the legislature, or the
people by initiative or referendum, shall have the
authority to enact substantive and procedural
laws regarding all proceedings and matters
affecting such juveniles. The following
rights, duties, and powers shall govern such
proceedings and matters:
1. Juveniles 15 years of age or older accused
of murder, forcible sexual assault,
armed robbery or other violent felony offenses
as defined by statute shall be prosecuted
as adults. Juveniles 15 years of age or older
who are chronic felony offenders as
defined by statute shall be prosecuted as
adults. Upon conviction all such juveniles shall
be subject to the same laws as adults, except
as specifically provided by statute and by
article 22, section 16 of this constitution.
All other juveniles accused of unlawful
conduct shall be prosecuted as provided by
law. Every juvenile convicted of or found
responsible for unlawful conduct shall make
prompt restitution to any victims of such
conduct for their injury or loss.
2. County attorneys shall have the authority
to defer the prosecution of
juveniles who are not accused of violent
offenses and who are not chronic felony
offenders as defined by statute and to
establish community-based alternatives for
resolving matters involving such juveniles.
3. All proceedings and matters involving
juveniles accused of unlawful conduct
shall be open to the public and all records of
those proceedings shall be public
records. Exceptions shall be made only for the
protection of the privacy of innocent
victims of crime, or when a court of competent
jurisdiction finds a clear public interest in
confidentiality.
23 Passes
and purchase of transportation by public officers;inapplication
to national guard
Section 23. It shall not be lawful for any
person holding public office in this
state to accept or use a pass or to purchase
transportation from any railroad or other
corporation, other than as such transportation
may be purchased by the general public;
Provided, that this shall not apply to members
of the national guard of Arizona traveling
under orders. The legislature shall enact laws
to enforce this provision..20
24 Enacting
clause of bills; initiative bills
Section 24. The enacting clause of every bill
enacted by the legislature shall be
as follows: "Be it enacted by the Legislature
of the State of Arizona," or when the
initiative is used: "Be it enacted by the
People of the State of Arizona."
25
Continuity of governmental operations in emergency
Section 25. The legislature, in order to
insure continuity of state and local
governmental operations in periods of
emergency resulting from disasters caused by
enemy attack, shall have the power and the
immediate duty to:
1. Provide for prompt and temporary succession
to the powers and duties of
public offices, of whatever nature and whether
filled by election or appointment, the
incumbents of which may become unavailable for
carrying on the powers and duties of
such offices.
2. Adopt such other measures as may be
necessary and proper for insuring the
continuity of governmental operations.
In the exercise of the powers hereby
conferred, the legislature shall in all
respects conform to the requirements of this
constitution except to the extent that in the
judgment of the legislature so to do would be
impracticable or would admit of undue
delay.
Article 5 - EXECUTIVE DEPARTMENT
1.
Executive department; state officers; terms; election; residence and
office at seat of government; duties
(Version amended by 1992 Proposition 100)
Section 1. A. The executive department shall
consist of the governor,
secretary of state, state treasurer, attorney
general, and superintendent of public
instruction, each of whom shall hold office
for four years beginning on the first Monday
of January, 1971 next after the regular
general election in 1970.
B. The person having the highest number of the
votes cast for the office voted
for shall be elected, but if two or more
persons have an equal and the highest number of
votes for the office, the two houses of the
legislature at its next regular session shall elect
forthwith, by joint ballot, one of such
persons for said office.
C. The officers of the executive department
during their terms of office shall
reside at the seat of government where they
shall keep their offices and the public
records, books, and papers. They shall perform
such duties as are prescribed by the
constitution and as may be provided by law..21
1. Term
limits on executive department and state officers; term lengths;
election; residence and office at seat of
government; duties.
(Version amended by 1992 Proposition 107)
Section 1. A. The executive department shall
consist of the governor,
secretary of state, state treasurer, attorney
general, and superintendent of public
instruction, each of whom shall hold office
for a term of four years beginning on the first
Monday of January, 1971 next after the regular
general election in 1970. No member
of the executive department shall hold that
office for more than two consecutive
terms. This limitation on the number of terms
of consecutive service shall apply to terms
of office beginning on or after January 1,
1993. No member of the executive
department after serving the maximum number of
terms, which shall include any part of
a term served, may serve in the same office
until out of office for no less than one full
term.
B. The person having a majority of the votes
cast for the office voted for shall
be elected. If no person receives a majority
of the votes cast for the office, a second
election shall be held as prescribed by law
between the persons receiving the highest
and second highest number of votes cast for
the office. The person receiving the highest
number of votes at the second election for the
office is elected, but if the two persons
have an equal number of votes for the office,
the two houses of the legislature at its next
regular session shall elect forthwith, by
joint ballot, one of such persons for said office.
C. The officers of the executive department
during their terms of office shall
reside at the seat of government where they
shall keep their offices and the public
records, books, and papers. They shall perform
such duties as are prescribed by the
constitution and as may be provided by law.
2.
Eligibility to state offices
Section 2. No person shall be eligible to any
of the offices mentioned in section
1 of this article except a person of the age
of not less than twenty-five years, who shall
have been for ten years next preceding his
election a citizen of the United States, and for
five years next preceding his election a
citizen of Arizona.
3.
Governor, commander-in-chief of the military forces
Section 3. The governor shall be
commander-in-chief of the military forces of
the state, except when such forces shall be
called into the service of the United States..22
4.
Governor; powers and duties; special sessions of legislature; message
and recommendations
Section 4. The governor shall transact all
executive business with the officers of
the government, civil and military, and may
require information in writing from the
officers in the executive department upon any
subject relating to the duties of their
respective offices. He shall take care that
the laws be faithfully executed. He may
convene the legislature in extraordinary
session. He shall communicate, by message, to
the legislature at every session the condition
of the state, and recommend such matters
as he shall deem expedient.
5.
Reprieves, commutations and pardons
Section 5. The governor shall have power to
grant reprieves, commutation, and
pardons, after convictions, for all offenses
except treason and cases of impeachment,
upon such conditions and with such
restrictions and limitations as may be provided by
law.
6. Death,
resignation, removal or disability of governor; succession to
office; impeachment, absence from state or
temporary disability
Section 6. In the event of the death of the
governor, or his resignation, removal
from office, or permanent disability to
discharge the duties of the office, the secretary of
state, if holding by election, shall succeed
to the office of governor until his successor
shall be elected and shall qualify. If the
secretary of state be holding otherwise than by
election, or shall fail to qualify as
governor, the attorney general, the state treasurer, or
the superintendent of public instruction, if
holding by election, shall, in the order named,
succeed to the office of governor. The taking
of the oath of office as governor by any
person specified in this section shall
constitute resignation from the office by virtue of the
holding of which he qualifies as governor. Any
successor to the office shall become
governor in fact and entitled to all of the
emoluments, powers and duties of governor
upon taking the oath of office.
In the event of the impeachment of the
governor, his absence from the state, or
other temporary disability to discharge the
duties of the office, the powers and duties of
the office of governor shall devolve upon the
same person as in case of vacancy, but
only until the disability ceases..23
7.
Presentation of bills to governor; approval; veto; filing with secretary
of
state; veto of items in appropriation bills;
inapplication of veto
power to referred bills
Section 7. Every bill passed by the
legislature, before it becomes a law, shall be
presented to the governor. If he approve, he
shall sign it, and it shall become a law as
provided in this constitution. But if he
disapprove, he shall return it, with his objections,
to the house in which it originated, which
shall enter the objections at large on the
journal. If after reconsideration it again
passes both houses by an aye and nay vote on
roll call of two-thirds of the members elected
to each house, it shall become a law as
provided in this constitution, notwithstanding
the governor's objections. This section
shall not apply to emergency measures as
referred to in section 1 of the article on the
legislative department.
If any bill be not returned within five days
after it shall have been presented to
the governor (Sunday excepted) such bill shall
become a law in like manner as if he had
signed it, unless the legislature by its final
adjournment prevents its return, in which case
it shall be filed with his objections in the
office of the secretary of state within ten days
after such adjournment (Sundays excepted) or
become a law as provided in this
constitution. After the final action by the
governor, or following the adoption of a bill
notwithstanding his objection, it shall be
filed with the secretary of state.
If any bill presented to the governor contains
several items of appropriations of
money, he may object to one or more of such
items, while approving other portions of
the bill. In such case he shall append to the
bill at the time of signing it, a statement of
the item or items which he declines to
approve, together with his reasons therefor, and
such item or items shall not take effect
unless passed over the governor's objections as
in this section provided.
The veto power of the governor shall not
extend to any bill passed by the
legislature and referred to the people for
adoption or rejection.
8.
Vacancies in office
Section 8. When any office shall, from any
cause, become vacant, and no
mode shall be provided by the Constitution or
by law for filling such vacancy, the
governor shall have the power to fill such
vacancy by appointment.
9. Powers
and duties of state officers
Section 9. The powers and duties of secretary
of state, state treasurer,
attorney-general, and superintendent of public
instruction shall be as prescribed by law..24
10 Canvass
of election returns for state officers; certificates of election
Section 10. The returns of the election for
all state officers shall be canvassed,
and certificates of election issued by the
secretary of state, in such manner as may be
provided by law.
11
Commissions
Section 11. All commissions shall issue in the
name of the state, and shall be
signed by the governor, sealed with the seal
of the state, and attested by the secretary of
state.
12
Compensation of elective state officers; commission on salaries for
elective state officers
Section 12. The salaries of those holding
elective state offices shall be as
established by law from time to time, subject
to the limitations of article 6, section 33
and to the limitations of article 4, part 2,
section 17. Such salaries as are presently
established may be altered from time to time
by the procedure established in this
section or as otherwise provided by law,
except that legislative salaries may be altered
only by the procedures established in this
section.
A commission to be known as the commission on
salaries for elective state
officers is authorized to be established by
the legislature. The commission shall be
composed of five members appointed from
private life, two of whom shall be appointed
by the governor and one each by the president
of the senate, the speaker of the house
of representatives, and the chief justice. At
such times as may be directed by the
legislature, the commission shall report to
the governor with recommendations
concerning the rates of pay of elected state
officers. The governor shall upon the
receipt of such report make recommendations to
the legislature with respect to the exact
rates of pay which he deems advisable for
those offices and positions other than for the
rates of pay of members of the legislature.
Such recommendations shall become
effective at a time established by the
legislature after the transmission of the
recommendation of the governor without aid of
further legislative action unless, within
such period of time, there has been enacted
into law a statute which establishes rates of
pay other than those proposed by the governor,
or unless either house of the legislature
specifically disapproves all or part of the
governor's recommendation. The
recommendations of the governor, unless
disapproved or altered within the time
provided by law, shall be effective; and any
1971 recommendations shall be effective as
to all offices on the first Monday in January
of 1973. In case of either a legislative
enactment or disapproval by either house, the
recommendations shall be effective only
insofar as not altered or disapproved. The
recommendations of the commission as to
legislative salaries shall be certified by it
to the secretary of state and the secretary of
state shall submit to the qualified electors
at the next regular general election the
question, "Shall the recommendations of the
commission on salaries for elective state
officers concerning legislative salaries be
accepted? [ ] Yes [ ] No." Such
recommendations if approved by the electors
shall become effective at the beginning of.25
the next regular legislative session without
any other authorizing legislation. All
recommendations which become effective under
this section shall supersede all laws
enacted prior to their effective date relating
to such salaries.
Article 6 - JUDICIAL DEPARTMENT
1. Judicial
power; courts
Section 1. The judicial power shall be vested
in an integrated judicial
department consisting of a supreme court, such
intermediate appellate courts as may be
provided by law, a superior court, such courts
inferior to the superior court as may be
provided by law, and justice courts.
2. Supreme
court; composition; divisions; decisions, transaction of
business
Section 2. The supreme court shall consist of
not less than five justices. The
number of justices may be increased or
decreased by law, but the court shall at all times
be constituted of at least five justices.
The supreme court shall sit in accordance with
rules adopted by it, either in
banc or in divisions of not less than three
justices, but the court shall not declare any law
unconstitutional except when sitting in banc.
The decisions of the court shall be in
writing and the grounds stated.
The court shall be open at all times, except
on nonjudicial days, for the
transaction of business.
3. Supreme
court; administrative supervision; chief justice
Section 3. The supreme court shall have
administrative supervision over all the
courts of the state. The chief justice shall
be elected by the justices of the supreme
court from one of their number for a term of
five years, and may be reelected for like
terms. The vice chief justice shall be elected
by the justices of the supreme court from
one of their number for a term determined by
the court. A member of the court may
resign the office of chief justice or vice
chief justice without resigning from the court.
The chief justice, or in his absence or
incapacity, the vice chief justice, shall
exercise the court's administrative
supervision over all the courts of the state. He may
assign judges of intermediate appellate
courts, superior courts, or courts inferior to the
superior court to serve in other courts or
counties..26
4. Supreme
court; term of office
Section 4. Justices of the supreme court shall
hold office for a regular term of
six years except as provided by this article.
5. Supreme
court; jurisdiction; writs; rules; habeas corpus
Section 5. The supreme court shall have:
1. Original jurisdiction of habeas corpus, and
quo warranto, mandamus,
injunction and other extraordinary writs to
state officers.
2. Original and exclusive jurisdiction to hear
and determine causes between
counties concerning disputed boundaries and
surveys thereof or concerning claims of
one county against another.
3. Appellate jurisdiction in all actions and
proceedings except civil and criminal
actions originating in courts not of record,
unless the action involves the validity of a tax,
impost, assessment, toll, statute or municipal
ordinance.
4. Power to issue injunctions and writs of
mandamus, review, prohibition,
habeas corpus, certiorari, and all other writs
necessary and proper to the complete
exercise of its appellate and revisory
jurisdiction.
5. Power to make rules relative to all
procedural matters in any court.
6. Such other jurisdiction as may be provided
by law.
Each justice of the supreme court may issue
writs of habeas corpus to any part
of the state upon petition by or on behalf of
a person held in actual custody, and may
make such writs returnable before himself, the
supreme court, appellate court or
superior court, or judge thereof.
6. Supreme
court; qualifications of justices
Section 6. A justice of the supreme court
shall be a person of good moral
character and admitted to the practice of law
in and a resident of the state of Arizona
for ten years next preceding his taking
office.
7. Supreme
court; clerk and assistants; administrative director and staff
Section 7. The supreme court shall appoint a
clerk of the court and assistants
thereto who shall serve at its pleasure, and
who shall receive such compensation as may
be provided by law.
The supreme court shall appoint an
administrative director and staff to serve at
its pleasure to assist the chief justice in
discharging his administrative duties. The
director and staff shall receive such
compensation as may be provided by law..27
8. Supreme
court; publication of opinions
Section 8. Provision shall be made by law for
the speedy publication of the
opinions of the supreme court, and they shall
be free for publication by any person.
9.
Intermediate appellate courts
Section 9. The jurisdiction, powers, duties
and composition of any intermediate
appellate court shall be as provided by law.
10 Superior
court; number of judges
Section 10. There shall be in each county at
least one judge of the superior
court. There shall be in each county such
additional judges as may be provided by law,
but not exceeding one judge for each thirty
thousand inhabitants or majority fraction
thereof. The number of inhabitants in a county
for purposes of this section may be
determined by census enumeration or by such
other method as may be provided by
law.
11 Superior
court; presiding judges; duties
Section 11. There shall be in each county a
presiding judge of the superior
court. In each county in which there are two
or more judges, the supreme court shall
appoint one of such judges presiding judge.
Presiding judges shall exercise
administrative supervision over the superior
court and judges thereof in their counties,
and shall have such other duties as may be
provided by law or by rules of the supreme
court.
12 Superior
court; term of office
Section 12. A. Judges of the superior court in
counties having a population of
less than two hundred fifty thousand persons
according to the most recent United States
census shall be elected by the qualified
electors of their counties at the general
election. They shall hold office for a regular
term of four years except as provided by
this section from and after the first Monday
in January next succeeding their election,
and until their successors are elected and
qualify. The names of all candidates for judge
of the superior court in such counties shall
be placed on the regular ballot without
partisan or other designation except the
division and title of the office.
B. The governor shall fill any vacancy in such
counties by appointing a person
to serve until the election and qualification
of a successor. At the next succeeding
general election following the appointment of
a person to fill a vacancy, a judge shall be
elected to serve for the remainder of the
unexpired term.
Judges of the superior court in counties
having a population of two hundred fifty
thousand persons or more according to the most
recent United States census shall hold
office for a regular term of four years except
as provided by this article..28
13 Superior
court; composition; salaries; judgments and proceedings;
process
Section 13. The superior courts provided for
in this article shall constitute a
single court, composed of all the duly elected
or appointed judges in each of the
counties of the state. The legislature may
classify counties for the purpose of fixing
salaries of judges or officers of the court.
The judgments, decrees, orders and proceedings
of any session of the superior
court held by one or more judges shall have
the same force and effect as if all the judges
of the court had presided.
The process of the court shall extend to all
parts of the state.
14 Superior
court; original jurisdiction
Section 14. The superior court shall have
original jurisdiction of:
1. Cases and proceedings in which exclusive
jurisdiction is not vested by law in
another court.
2. Cases of equity and at law which involve
the title to or possession of real
property, or the legality of any tax, impost,
assessment, toll or municipal ordinance.
3. Other cases in which the demand or value of
property in controversy
amounts to one thousand dollars or more,
exclusive of interest and costs.
4. Criminal cases amounting to felony, and
cases of misdemeanor not otherwise
provided for by law.
5. Actions of forcible entry and detainer.
6. Proceedings in insolvency.
7. Actions to prevent or abate nuisance.
8. Matters of probate.
9. Divorce and for annulment of marriage.
10. Naturalization and the issuance of papers
therefor.
11. Special cases and proceedings not
otherwise provided for, and such other
jurisdiction as may be provided by law.
15. Superior court; proceedings
15
Jurisdiction and authority in juvenile proceedings
Section 15. The jurisdiction and authority of
the courts of this state in all
proceedings and matters affecting juveniles
shall be as provided by the legislature or the
people by initiative or referendum..29
16 Superior
court; appellate jurisdiction
Section 16. The superior court shall have
appellate jurisdiction in cases arising
in justice and other courts inferior to the
superior court as may be provided by law.
17 Superior
court; conduct of business; trial juries; jury trial; grand juries
Section 17. The superior court shall be open
at all times, except on nonjudicial
days, for the determination of non-jury civil
cases and the transaction of business. For
the determination of civil causes and matters
in which a jury demand has been entered,
and for the trial of criminal causes, a trial
jury shall be drawn and summoned from the
body of the county, as provided by law. The
right of jury trial as provided by this
constitution shall remain inviolate, but trial
by jury may be waived by the parties in any
civil cause or by the parties with the consent
of the court in any criminal cause. Grand
juries shall be drawn and summoned only by
order of the superior court.
18 Superior
court; writs
Section 18. The superior court or any judge
thereof may issue writs of
mandamus, quo warranto, review, certiorari,
prohibition, and writs of habeas corpus on
petition by or on behalf of a person held in
actual custody within the
county. Injunctions, attachments, and writs of
prohibition and habeas corpus may be
issued and served on legal holidays and
non-judicial days.
19 Superior
court; service of judge in another county
Section 19. A judge of the superior court
shall serve in another county at the
direction of the chief justice of the supreme
court or may serve in another county at the
request of the presiding judge of the superior
court thereof.
20
Retirement and service of retired justices and judges
Section 20. The legislature shall prescribe by
law a plan of retirement for
justices and judges of courts of record,
including the basis and amount of retirement
pay, and requiring except as provided in
section 35 of this article, that justices and
judges of courts of record be retired upon
reaching the age of seventy. Any retired
justice or judge of any court of record who is
drawing retirement pay may serve as a
justice or judge of any court. When serving
outside his county of residence, any such
retired justice or judge shall receive his
necessary traveling and subsistence
expenses. A retired judge who is temporarily
called back to the active duties of a judge
is entitle to received the same compensation
and expenses as other like active judges
less any amount received for such period in
retirement benefits.
21 Superior
court; speedy decisions
Section 21. Every matter submitted to a judge
of the superior court for his
decision shall be decided within sixty days
from the date of submission thereof. The.30
supreme court shall by rule provide for the
speedy disposition of all matters not decided
within such period.
22 Superior
and other courts; qualifications of judges
Section 22. Judges of the superior court,
intermediate appellate courts or
courts inferior to the superior court having
jurisdiction in civil cases of one thousand
dollars or more, exclusive of interest and
costs, established by law under the provisions
of section 1 of this article, shall be at
least thirty years of age, of good moral character
and admitted to the practice of law in and a
resident of the state for five years next
preceding their taking office.
23 Superior
court; clerk
Section 23. There shall be in each county a
clerk of the superior court. The
clerk shall be elected by the qualified
electors of his county at the general election and
shall hold office for a term of four years
from and after the first Monday in January next
succeeding his election. The clerk shall have
such powers and perform such duties as
may be provided by law or by rule of the
supreme court or superior court. He shall
receive such compensation as may be provided
by law.
24 Superior
court; court commissioners, masters and referees
Section 24. Judges of the superior court may
appoint court commissioners,
masters and referees in their respective
counties, who shall have such powers and
perform such duties as may be provided by law
or by rule of the supreme court. Court
commissioners, masters and referees shall
receive such compensation as may be
provided by law.
25 Style of
process; conduct of prosecutions in name of state
Section 25. The style of process shall be "The
State of Arizona", and
prosecutions shall be conducted in the name of
the state and by its authority.
26 Oath of
office
Section 26. Each justice, judge and justice of
the peace shall, before entering
upon the duties of his office, take and
subscribe an oath that he will support the
Constitution of the United States and the
Constitution of the State of Arizona, and that
he will faithfully and impartially discharge
the duties of his office to the best of his ability.
The oath of all judges of courts inferior to
the superior court and the oath of
justices of the peace shall be filed in the
office of the county recorder, and the oath of all
other justices and judges shall be filed in
the office of the secretary of state..31
27 Charge
to juries; reversal of causes for technical error
Section 27. Judges shall not charge juries
with respect to matters of fact, nor
comment thereon, but shall declare the law. No
cause shall be reversed for technical
error in pleadings or proceedings when upon
the whole case it shall appear that
substantial justice has been done.
28 Justices
and judges; dual office holding; political activity; practice of
law
Section 28. Justices and judges of courts of
record shall not be eligible for any
other public office or for any other public
employment during their term of office, except
that they may assume another judicial office,
and upon qualifying therefor, the office
formerly held shall become vacant. No justice
or judge of any court of record shall
practice law during his continuance in office,
nor shall he hold any office in a political
party or actively take part in any political
campaign other than his own for his reelection
or retention in office. Any justice or judge
who files nomination papers for an elective
office, other than for judge of the superior
court or a court of record inferior to the
superior court in a county having a population
of less than two hundred fifty thousand
persons according to the most recent United
States census, forfeits his judicial office.
30 Courts
of record
Section 30. A. The supreme court, the court of
appeals and the superior court
shall be courts of record. Other courts of
record may be established by law, but justice
courts shall not be courts of record.
B. All justices and judges of courts of
record, except for judges of the superior
court and other courts of record inferior to
the superior court in counties having a
population of less than two hundred fifty
thousand persons according to the most recent
United States census, shall be appointed in
the manner provided in section 37 of this
article.
31 Judges
pro tempore
Section 31. The legislature may provide for
the appointment of members of the
bar having the qualifications provided in
section 22 of this article as judges pro tempore
of courts inferior to the supreme court. When
serving, any such person shall have all the
judicial powers of a regular elected judge of
the court to which he is appointed. A
person so appointed shall receive such
compensation as may be provided by law. The
population limitation of section 10 of this
article shall not apply to the appointment of
judges pro tempore of the superior court..32
32 Justices
of the peace and inferior courts; jurisdiction, powers and
duties; terms of office; salaries
Section 32. A. The number of justices of the
peace to be elected in precincts
shall be as provided by law. Justices of the
peace may be police justices of
incorporated cities and towns.
B. The jurisdiction, powers and duties of
courts inferior to the superior court
and of justice courts, and the terms of office
of judges of such courts and justices of the
peace shall be as provided by law. The
legislature may classify counties and precincts
for the purpose of fixing salaries of judges
of courts inferior to the superior court and of
justices of the peace.
C. The civil jurisdiction of courts inferior
to the superior court and of justice
courts shall not exceed the sum of ten
thousand dollars, exclusive of interest and
costs. Criminal jurisdiction shall be limited
to misdemeanors. The jurisdiction of such
courts shall not encroach upon the
jurisdiction of courts of record but may be made
concurrent therewith, subject to the
limitations provided in this section.
33 Change
by legislature in number of justices or judges; reduction of
salary during term of office
Section 33. No change made by the legislature
in the number of justices or
judges shall work the removal of any justice
or judge from office. The salary of any
justice or judge shall not be reduced during
the term of office for which he was elected
or appointed.
34 Absence
of judicial officer from state
Section 34. Any judicial officer except a
retired justice or judge who absents
himself from the state for more than sixty
consecutive days shall be deemed to have
forfeited his office, but the governor may
extend the leave of absence for such time as
reasonable necessity therefor exists.
35
Continuance in office; continued existence of offices; application of
prior statute and rules
Section 35. A. All justices, judges, justices
of the peace and officers of any
court who are holding office as such by
election or appointment at the time of the
adoption of this section shall serve or
continue in office for the respective terms for
which they are so elected or for their
respective unexpired terms, and until their
successors are elected or appointed and
qualify or they are retained in office pursuant to
section 38 of this article; provided, however,
that any justice or judge elected at the
general election at which this section is
adopted shall serve for the term for which he is
so elected. The continued existence of any
office heretofore legally established or held
shall not be abolished or repealed by the
adoption of this article. The statutes and rules.33
relating to the authority, jurisdiction,
practice and procedure of courts, judicial officers
and offices in force at the time of the
adoption of this article and not inconsistent
herewith, shall, so far as applicable, apply
to and govern such courts, judicial officers
and offices until amended or repealed.
B. All judges of the superior court holding
office by appointment or retention in
counties with a population of two hundred
fifty thousand persons or more according to
the most recent United States census at the
time of the adoption of this amendment to
this section shall serve or continue in office
for the respective terms for which they were
appointed. Upon an incumbent vacating the
office of judge of the superior court,
whether by failing to file a declaration for
retention, by rejection by the qualified electors
of the county or resignation, the appointment
shall be pursuant to section 37 of this
article.
36
Commission on appellate court appointments and terms, appointments
and vacancies on commission
Section 36. A. There shall be a nonpartisan
commission on appellate court
appointments which shall be composed of the
chief justice of the supreme court, who
shall be chairman, five attorney members, who
shall be nominated by the board of
governors of the state bar of Arizona and
appointed by the governor with the advice
and consent of the senate in the manner
prescribed by law, and ten nonattorney
members who shall be appointed by the governor
with the advice and consent of the
senate in the manner prescribed by law. At
least ninety days prior to a term expiring or
within twenty-one days of a vacancy occurring
for a nonattorney member on the
commission for appellate court appointments,
the governor shall appoint a nominating
committee of nine members, not more than five
of whom may be from the same political
party. The makeup of the committee shall, to
the extent feasible, reflect the diversity of
the population of the state. Members shall not
be attorneys and shall not hold any
governmental office, elective or appointive,
for profit. The committee shall provide
public notice that a vacancy exists and shall
solicit, review and forward to the governor
all applications along with the committee's
recommendations for appointment.
Attorney members of the commission shall have
resided in the state and shall
have been admitted to practice before the
supreme court for not less than five
years. Not more than three attorney members
shall be members of the same political
party and not more than two attorney members
shall be residents of any one
county. Nonattorney members shall have resided
in the state for not less than five years
and shall not be judges, retired judges or
admitted to practice before the supreme
court. Not more than five nonattorney members
shall be members of the same political
party. Not more than two nonattorney members
shall be residents of any one
county. None of the attorney or nonattorney
members of the commission shall hold any
governmental office, elective or appointive,
for profit, and no attorney member shall be
eligible for appointment to any judicial
office of the state until one year after he ceases to
be a member. Attorney members of the
commission shall serve staggered four-year.34
terms and nonattorney members shall serve
staggered four-year terms. Vacancies shall
be filled for the unexpired terms in the same
manner as the original appointments.
B. No person other than the chief justice
shall serve at the same time as a
member of more than one judicial appointment
commission.
C. In making or confirming appointments to the
appellate court commission, the
governor, the senate and the state bar shall
endeavor to see that the commission reflects
the diversity of Arizona's population.
In the event of the absence or incapacity of
the chairman the supreme court shall
appoint a justice thereof to serve in his
place and stead.
D. Prior to making recommendations to the
governor as hereinafter provided,
the commission shall conduct investigations,
hold public hearings and take public
testimony. An executive session as prescribed
by rule may be held upon a two-thirds
vote of the members of the commission in a
public hearing. Final decisions as to
recommendations shall be made without regard
to political affiliation in an impartial and
objective manner. The commission shall
consider the diversity of the state's population,
however the primary consideration shall be
merit. Voting shall be in a public
hearing. The expenses of meetings of the
commission and the attendance of members
thereof for travel and subsistence shall be
paid from the general fund of the state as state
officers are paid, upon claims approved by the
chairman.
E. After public hearings the supreme court
shall adopt rules of procedure for
the commission on appellate court
appointments.
F. Notwithstanding the provisions of
subsection A, the initial appointments for
the five additional nonattorney members and
the two additional attorney members of the
commission shall be designated by the governor
for staggered terms as follows:
1. One appointment for a nonattorney member
shall be for a one-year term.
2. Two appointments for nonattorney members
shall be for a two-year term.
3. Two appointments for nonattorney members
shall be for a three-year term.
4. One appointment for an attorney member
shall be for a one-year term.
5. One appointments for an attorney member
shall be for a two-year term.
G. The members currently serving on the
commission may continue to serve
until the expiration of their normal terms.
All subsequent appointments shall be made as
prescribed by this section..35
37 Judicial
vacancies and appointments; initial terms; residence; age
Section 37. A. Within sixty days from the
occurrence of a vacancy in the office
of a justice or judge of any court of record,
except for vacancies occurring in the office
of a judge of the superior court or a judge of
a court of record inferior to the superior
court, the commission on appellate court
appointments, if the vacancy is in the supreme
court or an intermediate appellate court of
record, shall submit to the governor the
names of not less than three persons nominated
by it to fill such vacancy, no more than
two of whom shall be members of the same
political party unless there are more than
four such nominees, in which event not more
than sixty percentum of such nominees
shall be members of the same political party.
B. Within sixty days from the occurrence of a
vacancy in the office of a judge
of the superior court or a judge of a court of
record inferior to the superior court except
for vacancies occurring in the office of a
judge of the superior court or a judge of a
court of record inferior to the superior court
in a county having a population of less than
two hundred fifty thousand persons according
to the most recent United States census,
the commission on trial court appointments for
the county in which the vacancy occurs
shall submit to the governor the names of not
less than three persons nominated by it to
fill such vacancy, no more than two of whom
shall be members of the same political
party unless there are more than four such
nominees, in which event no more than sixty
per centum of such nominees shall be members
of the same political party. A nominee
shall be under sixty-five years of age at the
time his name is submitted to the
governor. Judges of the superior court shall
be subject to retention or rejection by a
vote of the qualified electors of the county
from which they were appointed at the
general election in the manner provided by
section 38 of this article.
C. A vacancy in the office of a justice or a
judge of such courts of record shall
be filled by appointment by the governor
without regard to political affiliation from one
of the nominees whose names shall be submitted
to him as hereinabove provided. In
making the appointment, the governor shall
consider the diversity of the state's
population for an appellate court appointment
and the diversity of the county's
population for a trial court appointment,
however the primary consideration shall be
merit. If the governor does not appoint one of
such nominees to fill such vacancy within
sixty days after their names are submitted to
the governor by such commission, the chief
justice of the supreme court forthwith shall
appoint on the basis of merit alone without
regard to political affiliation one of such
nominees to fill such vacancy. If such
commission does not, within sixty days after
such vacancy occurs, submit the names of
nominees as hereinabove provided, the governor
shall have the power to appoint any
qualified person to fill such vacancy at any
time thereafter prior to the time the names of
the nominees to fill such vacancy are
submitted to the governor as hereinabove
provided. Each justice or judge so appointed
shall initially hold office for a term ending
sixty days following the next regular general
election after the expiration of a term of two
years in office. Thereafter, the terms of
justices or judges of the supreme court and the
superior court shall be as provided by this
article..36
D. A person appointed to fill a vacancy on an
intermediate appellate court or
another court of record now existing or
hereafter established by law shall have been a
resident of the counties or county in which
that vacancy exists for at least one year prior
to his appointment, in addition to possessing
the other required qualifications. A
nominee shall be under sixty-five years of age
at the time his name is submitted to the
governor.
38
Declaration of candidacy; form of judicial ballot, rejection and
retention; failure to file declaration
Section 38. A. A justice or judge of the
supreme court or an intermediate
appellate court shall file in the office of
the secretary of state, and a judge of the superior
court or other court of record including such
justices or judges who are holding office as
such by election or appointment at the time of
the adoption of this section except for
judges of the superior court and other courts
of record inferior to the superior court in
counties having a population of less than two
hundred fifty thousand persons, according
to the United States census, shall file in the
office of the clerk of the board of
supervisors of the county in which he
regularly sits and resides, not less than sixty nor
more than ninety days prior to the regular
general election next preceding the expiration
of his term of office, a declaration of his
desire to be retained in office, and the secretary
of state shall certify to the several boards
of supervisors the appropriate names of the
candidate or candidates appearing on such
declarations filed in his office.
B. The name of any justice or judge whose
declaration is filed as provided in
this section shall be placed on the
appropriate official ballot at the next regular general
election under a nonpartisan designation and
in substantially the following form:
Shall __________, (Name of justice or judge)
of the _________ court be
retained in office? Yes __ No __ (Mark X after
one).
C. If a majority of those voting on the
question votes "No," then, upon the
expiration of the term for which such justice
or judge was serving, a vacancy shall exist,
which shall be filled as provided by this
article. If a majority of those voting on the
question votes "Yes," such justice or judge
shall remain in office for another term,
subject to removal as provided by this
constitution.
D. The votes shall be counted and canvassed
and the result declared as in the
case of state and county elections, whereupon
a certificate of retention or rejection of
the incumbent justice or judge shall be
delivered to him by the secretary of state or the
clerk of the board of supervisors, as the case
may be.
E. If a justice or judge fails to file a
declaration of his desire to be retained in
office, as required by this section, then his
office shall become vacant upon expiration of
the term for which such justice or judge was
serving..37
39
Retirement of justices and judges; vacancies
Section 39. On attaining the age of seventy
years a justice or judge of a court
of record shall retire and his judicial office
shall be vacant, except as otherwise provided
in section 35 of this article. In addition to
becoming vacant as provided in this section,
the office of a justice or judge of any court
of record becomes vacant upon his death or
his voluntary retirement pursuant to statute
or his voluntary resignation, and also, as
provided in section 38 of this article, upon
the expiration of his term next following a
general election at which a majority of those
voting on the question of his retention vote
in the negative or for which general election
he is required, but fails, to file a declaration
of his desire to be retained in office.
This section is alternative to and cumulative
with the methods of removal of
judges and justices provided in parts 1 and 2
of article 8 and article 6.1 of this
Constitution.
40 Option
for counties with less than two hundred fifty thousand persons
Section 40. Notwithstanding any provision of
this article to the contrary, any
county having a population of less than two
hundred fifty thousand persons, according
to the most recent United States census, may
choose to select its judges of the superior
court or of courts of record inferior to the
superior court as if it had a population of two
hundred fifty thousand or more persons. Such
choice shall be determined by vote of the
qualified electors of such county voting on
the question at an election called for such
purpose by resolution of the board of
supervisors of such county. If such qualified
electors approve, the provisions of sections
12, 28, 30, 35 through 39, 41 and 42 shall
apply as if such county had a population of
two hundred fifty thousand persons or more.
41 Superior
court divisions; commission on trial court appointments;
membership; terms
A. Except as otherwise provided, judges of the
superior court in counties
having a population of two hundred fifty
thousand persons or more according to the
most recent United States census shall hold
office for a regular term of four years.
B. There shall be a nonpartisan commission on
trial court appointments for
each county having a population of two hundred
fifty thousand persons or more
according to the most recent United States
census which shall be composed of the
following members:
1. The chief justice of the supreme court, who
shall be the chairman of the
commission. In the event of the absence or
incapacity of the chairman the supreme
court shall appoint a justice thereof to serve
in his place and stead.
2. Five attorney members, none of whom shall
reside in the same supervisorial
district and not more than three of whom shall
be members of the same political party,
who are nominated by the board of governors of
the state bar of Arizona and who are.38
appointed by the governor subject to
confirmation by the senate in the manner
prescribed by law.
3. Ten nonattorney members, no more than two
of whom shall reside in the
same supervisorial district.
C. At least ninety days prior to a term
expiring or within twenty-one days of a
vacancy occurring for a nonattorney member on
the commission for trial court
appointments, the member of the board of
supervisors from the district in which the
vacancy has occurred shall appoint a
nominating committee of seven members who
reside in the district, not more than four of
whom may be from the same political
party. The make-up of the committee shall, to
the extent feasible, reflect the diversity of
the population of the district. Members shall
not be attorneys and shall not hold any
governmental office, elective or appointive,
for profit. The committee shall provide
public notice that a vacancy exists and shall
solicit, review and forward to the governor
all applications along with the committee's
recommendations for appointment. The
governor shall appoint two persons from each
supervisorial district who shall not be of
the same political party, subject to
confirmation by the senate in the manner prescribed
by law.
D. In making or confirming appointments to
trial court commissions, the
governor, the senate and the state bar shall
endeavor to see that the commission reflects
the diversity of the county's population.
E. Members of the commission shall serve
staggered four year terms, except
that initial appointments for the five
additional nonattorney members and the two
additional attorney members of the commission
shall be designated by the governor as
follows:
1. One appointment for a nonattorney member
shall be for a one-year term.
2. Two appointments for nonattorney members
shall be for a two-year term.
3. Two appointments for nonattorney members
shall be for a three-year term.
4. One appointment for an attorney member
shall be for a one-year term.
5. One appointment for an attorney member
shall be for a two-year term.
F. Vacancies shall be filled for the unexpired
terms in the same manner as the
original appointments.
G. Attorney members of the commission shall
have resided in this state and
shall have been admitted to practice in this
state by the supreme court for at least five
years and shall have resided in the
supervisorial district from which they are appointed
for at least one year. Nonattorney members
shall have resided in this state for at least
five years, shall have resided in the
supervisorial district for at least one year before
being nominated and shall not be judges,
retired judges nor admitted to practice before
the supreme court. None of the attorney or
nonattorney members of the commission
shall hold any governmental office, elective
or appointive, for profit and no attorney
member is eligible for appointment to any
judicial office of this state until one year after
membership in the commission terminates.
H. No person other than the chief justice
shall serve at the same time as a
member of more than one judicial appointment
commission..39
I. The commission shall submit the names of
not less than three individuals for
nomination for the office of the superior
court judge pursuant to section 37 of this
article.
J. Prior to making recommendations to the
governor, the commission shall
conduct investigations, hold public hearings
and take public testimony. An executive
session as prescribed by rule may be held upon
a two-thirds vote of the members of the
commission in a public hearing. Final
decisions as to recommendations shall be made
without regard to political affiliation in an
impartial and objective manner. The
commission shall consider the diversity of the
county's population and the geographical
distribution of the residences of the judges
throughout the county, however the primary
consideration shall be merit. Voting shall be
in a public hearing. The expenses of
meetings of the commission and the attendance
of members thereof for travel and
subsistence shall be paid from the general
fund of the state as state officers are paid,
upon claims approved by the chairman.
K. After public hearings the supreme court
shall adopt rules of procedure for
the commission on trial court appointments.
L. The members of the commission who were
appointed pursuant to section 36
of this article prior to the effective date of
this section may continue to serve until the
expiration of their normal terms. All
subsequent appointments shall be made as
prescribed by this section.
42
Retention evaluation of justices and judges
The supreme court shall adopt, after public
hearings, and administer for all
justices and judges who file a declaration to
be retained in office, a process, established
by court rules for evaluating judicial
performance. The rules shall include written
performance standards and performance reviews
which survey opinions of persons who
have knowledge of the justice's or judge's
performance. The public shall be afforded a
full and fair opportunity for participation in
the evaluation process through public
hearings, dissemination of evaluation reports
to voters and any other methods as the
court deems advisable.
Article 6.1 - COMMISSION OF JUDICIAL CONDUCT
1.
Composition; appointment; term; vacancies
Section 1. A. A commission on judicial conduct
is created to be composed of
eleven persons consisting of two judges of the
court of appeals, two judges of the
superior court, one justice of the peace and
one municipal court judge, who shall be
appointed by the supreme court, two members of
the state bar of Arizona, who shall be
appointed by the governing body of such bar
association, and three citizens who are not
judges, retired judges nor members of the
state bar of Arizona, who shall be appointed
by the governor subject to confirmation by the
senate in the manner prescribed by law..40
B. Terms of members of the commission shall be
six years, except that initial
terms of two members appointed by the supreme
court and one member appointed by
the state bar of Arizona for terms which begin
in January, 1991 shall be for two years
and initial terms of one member appointed by
the supreme court and one member
appointed by the state bar of Arizona for
terms which begin in January, 1991 shall be
for four years. If a member ceases to hold the
position that qualified him for
appointment his membership on the commission
terminates. An appointment to fill a
vacancy for an unexpired term shall be made
for the remainder of the term by the
appointing power of the original appointment.
2.
Disqualification of judge
Section 2. A judge is disqualified from acting
as a judge, without loss of salary,
while there is pending an indictment or an
information charging him in the United States
with a crime punishable as a felony under
Arizona or federal law, or a recommendation
to the supreme court by the commission on
judicial conduct for his suspension, removal
or retirement.
3.
Suspension or removal of judge
Section 3. On recommendation of the commission
on judicial conduct, or on its
own motion, the supreme court may suspend a
judge from office without salary when, in
the United States, he pleads guilty or no
contest or is found guilty of a crime punishable
as a felony under Arizona or federal law or of
any other crime that involves moral
turpitude under such law. If his conviction is
reversed the suspension terminates, and he
shall be paid his salary for the period of
suspension. If he is suspended and his
conviction becomes final the supreme court
shall remove him from office.
4.
Retirement of judge
Section 4. On recommendation of the commission
on judicial conduct, the
supreme court may retire a judge for
disability that seriously interferes with the
performance of his duties and is or is likely
to become permanent, and may censure,
suspend without pay or remove a judge for
action by him that constitutes wilful
misconduct in office, wilful and persistent
failure to perform his duties, habitual
intemperance or conduct prejudicial to the
administration of justice that brings the
judicial office into disrepute.
B. A judge retired by the supreme court shall
be considered to have retired
voluntarily. A judge removed by the supreme
court is ineligible for judicial office in this
state..41
5.
Definitions and rules implementing article
Section 5. The term "judge" as used in this
article shall apply to all justices of
the peace, judges in courts inferior to the
superior court as may be provided by law,
judges of the superior court, judges of the
court of appeals and justices of the supreme
court. The supreme court shall make rules
implementing this article and providing for
confidentiality of proceedings. A judge who is
a member of the commission or supreme
court shall not participate as a member in any
proceedings hereunder involving his own
censure, suspension, removal or involuntary
retirement.
6. Article
self-executing
Section 6. The provisions of this article
shall be self-executing.
Article 7 - SUFFRAGE AND ELECTIONS
1. Method
of voting; secrecy
Section 1. All elections by the people shall
be by ballot, or by such other
method as may be prescribed by law; Provided,
that secrecy in voting shall be
preserved.
2.
Qualifications of voters; disqualification
Section 2. A. No person shall be entitled to
vote at any general election, or for
any office that now is, or hereafter may be,
elective by the people, or upon any question
which may be submitted to a vote of the
people, unless such person be a citizen of the
United States of the age of eighteen years or
over, and shall have resided in the state for
the period of time preceding such election as
prescribed by law, provided that
qualifications for voters at a general
election for the purpose of electing presidential
electors shall be as prescribed by law. The
word "citizen" shall include persons of the
male and female sex.
B. The rights of citizens of the United States
to vote and hold office shall not be
denied or abridged by the state, or any
political division or municipality thereof, on
account of sex, and the right to register, to
vote and to hold office under any law now in
effect, or which may hereafter be enacted, is
hereby extended to, and conferred upon
males and females alike.
C. No person who is adjudicated an
incapacitated person shall be qualified to
vote at any election, nor shall any person
convicted of treason or felony, be qualified to
vote at any election unless restored to civil
rights.
3. Voting
residence of federal employees and certain others.42
Section 3. For the purpose of voting, no
person shall be deemed to have
gained or lost a residence by reason of being
present or absent while employed in the
service of the United States, or while a
student at any institution of learning, or while
kept at any institution or other shelter at
public expense, or while confined in any public
jail or prison.
4.
Privilege of electors from arrest
Section 4. Electors shall in all cases, except
treason, felony, or breach of the
peace, be privileged from arrest during their
attendance at any election, and in going
thereto and returning therefrom.
5. Military
duty on day of election
Section 5. No elector shall be obliged to
perform military duty on the day of an
election, except in time of war or public
danger.
6.
Residence of military personnel stationed within state
Section 6. No soldier, seaman, or marine, in
the army or navy of the United
States shall be deemed a resident of this
state in consequence of his being stationed at
any military or naval place within this state.
7. Highest
number of votes received as determinative of person elected
Section 7. In all elections held by the people
in this state, the person, or
persons, receiving the highest number of legal
votes shall be declared elected.
8.
Qualifications for voters at school elections
Section 8. Qualifications for voters at school
elections shall be as are now, or
as may hereafter be, provided by law.
9. Advisory
vote
Section 9. For the purpose of obtaining an
advisory vote of the people, the
legislature shall provide for placing the
names of candidates for United States senator on
the official ballot at the general election
next preceding the election of a United States
senator.
10 Direct
primary election law.43
Section 10. The Legislature shall enact a
direct primary election law, which
shall provide for the nomination of candidates
for all elective State, county, and city
offices, including candidates for United
States Senator and for Representative in
Congress. Any person who is registered as no
party preference or independent as the
party preference or who is registered with a
political party that is not qualified for
representation on the ballot may vote in the
primary election of any one of the political
parties that is qualified for the ballot.
11 General
elections; date
Section 11. There shall be a general election
of representatives in congress, and
of state, county, and precinct officers on the
first Tuesday after the first Monday in
November of the first even numbered year after
the year in which Arizona is admitted to
statehood and biennially thereafter.
12
Registration and other laws
Section 12. There shall be enacted
registration and other laws to secure the
purity of elections and guard against abuses
of the elective franchise.
13
Submission of questions upon bond issues or special assessments
Section 13. Questions upon bond issues or
special assessments shall be
submitted to the vote of real property tax
payers, who shall also in all respects be
qualified electors of this State, and of the
political subdivisions thereof affected by such
question.
14 Fee for
placing candidate's name on ballot
Section 14. No fee shall ever be required in
order to have the name of any
candidate placed on the official ballot for
any election or primary.
15
Qualifications for public office
Section 15. Every person elected or appointed
to any elective office of trust or
profit under the authority of the state, or
any political division or any municipality
thereof, shall be a qualified elector of the
political division or municipality in which such
person shall be elected..44
16 Campaign
contributions and expenditures; publicity
Section 16. The legislature, at its first
session, shall enact a law providing for a
general publicity, before and after election,
of all campaign contributions to, and
expenditures of campaign committees and
candidates for public office.
17 Vacancy
in Congress
Section 17. There shall be a primary and
general election as prescribed by law,
which shall provide for nomination and
election of a candidate for United States senator
and for representative in congress when a
vacancy occurs through resignation or any
other cause.
18 Term
limits on ballot appearances in congressional elections.
Section 18. The name of any candidate for
United States senator from Arizona
shall not appear on the ballot if, by the end
of the current term of office, the candidate
will have served (or, but for resignation,
would have served) in that office for two
consecutive terms, and the name of a candidate
for United States representative from
Arizona shall not appear on the ballot if, by
the end of the current term of office, the
candidate will have served (or, but for
resignation, would have served) in that office for
three consecutive terms. Terms are considered
consecutive unless they are at least one
full term apart. Any person appointed or
elected to fill a vacancy in the United States
congress who serves at least one half of a
term of office shall be considered to have
served a term in that office for purposes of
this section. For purposes of this section,
terms beginning before January 1, 1993 shall
not be considered.
Article 8 - REMOVAL FROM OFFICE
1. Officers
subject to recall; petitioners
Section 1. Every public officer in the state
of Arizona, holding an elective office,
either by election or appointment, is subject
to recall from such office by the qualified
electors of the electoral district from which
candidates are elected to such office. Such
electoral district may include the whole
state. Such number of said electors as shall
equal twenty-five per centum of the number of
votes cast at the last preceding general
election for all of the candidates for the
office held by such officer, may by petition,
which shall be known as a recall petition,
demand his recall.
2. Recall
petitions; contents; filing; signatures; oath
Section 2. Every recall petition must contain
a general statement, in not more
than two hundred words, of the grounds of such
demand, and must be filed in the office
in which petitions for nominations to the
office held by the incumbent are required to be
filed. The signatures to such recall petition
need not all be on one sheet of paper, but.45
each signer must add to his signature the date
of his signing said petition, and his place
of residence, giving his street and number, if
any, should he reside in a town or
city. One of the signers of each sheet of such
petition, or the person circulating such
sheet, must make and subscribe an oath on said
sheet, that the signatures thereon are
genuine.
3.
Resignation of officer; special election
Section 3. If such officer shall offer his
resignation it shall be accepted, and the
vacancy shall be filled as may be provided by
law. If he shall not resign within five days
after a recall petition is filed as provided
by law, a special election shall be ordered to
be held as provided by law, to determine
whether such officer shall be recalled. On the
ballots at such election shall be printed the
reasons as set forth in the petition for
demanding his recall, and, in not more than
two hundred words, the officer's justification
of his course in office. He shall continue to
perform the duties of his office until the
result of such election shall have been
officially declared.
4. Special
election; candidates; results; qualification of successor
Section 4. Unless the incumbent otherwise
requests, in writing, the incumbent's
name shall be placed as a candidate on the
official ballot without nomination. Other
candidates for the office may be nominated to
be voted for at said election. The
candidate who receives the highest number of
votes shall be declared elected for the
remainder of the term. Unless the incumbent
receives the highest number of votes, the
incumbent shall be deemed to be removed from
office, upon qualification of the
successor. In the event that the successor
shall not qualify within five days after the
result of said election shall have been
declared, the said office shall be vacant, and may
be filled as provided by law.
5. Recall
petitions; restrictions and conditions
Section 5. No recall petition shall be
circulated against any officer until he shall
have held his office for a period of six
months, except that it may be filed against a
member of the legislature at any time after
five days from the beginning of the first
session after his election. After one recall
petition and election, no further recall petition
shall be filed against the same officer during
the term for which he was elected, unless
petitioners signing such petition shall first
pay into the public treasury which has paid
such election expenses, all expenses of the
preceding election.
6.
Application of general election laws; implementary legislation
Section 6. The general election laws shall
apply to recall elections in so far as
applicable. Laws necessary to facilitate the
operation of the provisions of this article.46
shall be enacted, including provision for
payment by the public treasury of the
reasonable special election campaign expenses
of such officer.
1. Power of
impeachment in house of representatives; trial by senate
Section 1. The house of representatives shall
have the sole power of
impeachment. The concurrence of a majority of
all the members shall be necessary to
an impeachment. All impeachments shall be
tried by the senate, and, when sitting for
that purpose, the senators shall be upon oath
or affirmation to do justice according to
law and evidence, and shall be presided over
by the chief justice of the supreme
court. Should the chief justice be on trial,
or otherwise disqualified, the senate shall
elect a judge of the supreme court to preside.
2.
Conviction; grounds for impeachment; judgment; liability to trial
Section 2. No person shall be convicted
without a concurrence of two-thirds of
the senators elected. The governor and other
state and judicial officers, except justices
of courts not of record, shall be liable to
impeachment for high crimes, misdemeanors,
or malfeasance in office, but judgment in such
cases shall extend only to removal from
office and disqualification to hold any office
of honor, trust, or profit in the state. The
party, whether convicted or acquitted, shall,
nevertheless, be liable to trial and
punishment according to law.
Article 9 - PUBLIC DEPT, REVENUE, AND TAXATION
1.
Surrender of power of taxation; uniformity of taxes
Section 1. The power of taxation shall never
be surrendered, suspended or
contracted away. Except as provided by section
18 of this article, all taxes shall be
uniform upon the same class of property within
the territorial limits of the authority
levying the tax, and shall be levied and
collected for public purposes only.
2. Property
subject to taxation; exemptions
Section 2. (1) There shall be exempt from
taxation all federal, state, county
and municipal property.
(2) Property of educational, charitable and
religious associations or institutions
not used or held for profit may be exempt from
taxation by law.
(3) Public debts, as evidenced by the bonds of
Arizona, its counties,
municipalities or other subdivisions, shall
also be exempt from taxation.
(4) All household goods owned by the user
thereof and used solely for
noncommercial purposes shall be exempt from
taxation, and such person entitled to.47
such exemption shall not be required to take
any affirmative action to receive the benefit
of such exemption.
(5) Stocks of raw or finished materials,
unassembled parts, work in process or
finished products constituting the inventory
of a retailer or wholesaler located within the
state and principally engaged in the resale of
such materials, parts or products, whether
or not for resale to the ultimate consumer,
shall be exempt from taxation.
(6) The legislature may exempt personal
property that is used for agricultural
purposes or in a trade or business from
taxation in a manner provided by law, except
that the exemption does not apply to any
amount of the full cash value of the personal
property of a taxpayer that exceeds fifty
thousand dollars. The legislature may provide
by law to increase the exempt amount according
to annual variations in a designated
national inflation index.
(7) The legislature may exempt the property of
cemeteries that are set apart
and used to inter deceased human beings from
taxation in a manner provided by law.
(8) There shall be further exempt from
taxation the property of each honorably
discharged airman, soldier, sailor, United
States marine, member of revenue marine
service, the coast guard, nurse corps or of
any predecessor or of the component of
auxiliary of any thereof, resident of this
state, in the amount of:
(a) One thousand five hundred dollars if the
total assessment of such person
does not exceed three thousand five hundred
dollars.
(b) One thousand dollars if the total
assessment of such person does not
exceed four thousand dollars.
(c) Five hundred dollars if the total
assessment of such person does not exceed
four thousand five hundred dollars.
(d) Two hundred fifty dollars if the total
assessment of such person does not
exceed five thousand dollars.
(e) No exemption if the total assessment of
such person exceeds five thousand
dollars.
No such exemption shall be made for such
person unless such person shall have
served at least sixty days in the military or
naval service of the United States during
World War I or prior wars and shall have been
a resident of this state prior to
September 1, 1945.
(9) There shall be further exempt from
taxation as herein provided the property
of each honorably discharged airman, soldier,
sailor, United States marine, member of
revenue marine service, the coast guard, nurse
corps or of any predecessor or of the
component of auxiliary of any thereof,
resident of this state, where such person has a
service-connected disability as determined by
the United States veterans administration
or its successor. No such exemption shall be
made for such person unless he shall have
been a resident of this state prior to
September 1, 1945 or unless such person shall
have been a resident of this state for at
least four years prior to his original entry into
service as an airman, soldier, sailor, United
States marine, member of revenue marine
service, the coast guard, nurse corps or of
any predecessor or of the component of
auxiliary of any thereof. The property of such
person having a compensable service-.48
connected disability exempt from taxation as
herein provided shall be determined as
follows:
(a) If such person's service-connected
disability as determined by the United
States veterans administration or its
successor is sixty per cent or less, the property of
such person exempt from taxation shall be
determined by such person's percentage of
disability multiplied by the assessment of
such person in the amount of:
(i) One thousand five hundred dollars if the
total assessment of such person
does not exceed three thousand five hundred
dollars.
(ii) One thousand dollars if the total
assessment of such person does not
exceed four thousand dollars.
(iii) Five hundred dollars if the total
assessment of such person does not exceed
four thousand five hundred dollars.
(iv) Two hundred fifty dollars if the total
assessment of such person does not
exceed five thousand dollars.
(v) No exemption if the total assessment of
such person exceeds five thousand
dollars.
(b) If such person's service-connected
disability as determined by the United
States veterans administration or its
successor is more than sixty per cent, the property
of such person exempt from taxation shall be
in the amount of:
(i) One thousand five hundred dollars if the
total assessment of such person
does not exceed three thousand five hundred
dollars.
(ii) One thousand dollars if the total
assessment of such person does not
exceed four thousand dollars.
(iii) Five hundred dollars if the total
assessment of such person does not exceed
four thousand five hundred dollars.
(iv) Two hundred fifty dollars if the total
assessment of such person does not
exceed five thousand dollars.
(v) No exemption if the total assessment of
such person exceeds five thousand
dollars.
(10) There shall be further exempt from
taxation the property of each
honorably discharged airman, soldier, sailor,
United States marine, member of revenue
marine service, the coast guard, nurse corps
or of any predecessor or of the component
of auxiliary of any thereof, resident of this
state, where such person has a nonservice-connected
total and permanent disability, physical or
mental, as so certified by the
United States veterans administration, or its
successor, or such other certification as
provided by law, in the amount of:
(a) One thousand five hundred dollars if the
total assessment of such person
does not exceed three thousand five hundred
dollars.
(b) One thousand dollars if the total
assessment of such person does not
exceed four thousand dollars.
(c) Five hundred dollars if the total
assessment of such person does not exceed
four thousand five hundred dollars..49
(d) Two hundred fifty dollars if the total
assessment of such person does not
exceed five thousand dollars.
(e) No exemption if the total assessment of
such person exceeds five thousand
dollars.
No such exemption shall be made for such
person unless he shall have served at
least sixty days in the military or naval
service of the United States during time of war
after World War I and shall have been a
resident of this state prior to September 1,
1945.
(11) There shall be further exempt from
taxation the property of each widow,
resident of this state, in the amount of:
(a) One thousand five hundred dollars if the
total assessment of such widow
does not exceed three thousand five hundred
dollars.
(b) One thousand dollars if the total
assessment of such widow does not
exceed four thousand dollars.
(c) Five hundred dollars if the total
assessment of such widow does not exceed
four thousand five hundred dollars.
(d) Two hundred fifty dollars if the total
assessment of such widow does not
exceed five thousand dollars.
(e) No exemption if the total assessment of
such widow exceeds five thousand
dollars.
In order to qualify for this exemption, the
income from all sources of such
widow, together with the income from all
sources of all children of such widow residing
with the widow in her residence in the year
immediately preceding the year for which
such widow applies for this exemption, shall
not exceed:
1. Seven thousand dollars if none of the
widow's children under the age of
eighteen years resided with her in such
widow's residence; or
2. Ten thousand dollars if one or more of the
widow's children residing with her
in such widow's residence was under the age of
eighteen years, or was totally and
permanently disabled, physically or mentally,
as certified by competent medical authority
as provided by law.
Such widow shall have resided with her last
spouse in this state at the time of
the spouse's death if she was not a widow and
a resident of this state prior to January 1,
1969.
(12) No property shall be exempt which has
been conveyed to evade
taxation. The total exemption from taxation
granted to the property owned by a person
who qualifies for any exemption in accordance
with the terms of subsections (8), (9),
(10) or (11) shall not exceed one thousand
five hundred dollars. The provisions of this
section shall be self-executing.
(13) All property in the state not exempt
under the laws of the United States or
under this constitution or exempt by law under
the provisions of this section shall be
subject to taxation to be ascertained as
provided by law..50
2.
Exemption from tax; property of widowers
Section 2.1. There shall be further exempt
from taxation the property of each
widower, resident of this state, in the amount
of:
1. One thousand five hundred dollars if the
total assessment of such widower
does not exceed three thousand five hundred
dollars.
2. One thousand dollars if the total
assessment of such widower does not
exceed four thousand dollars.
3. Five hundred dollars if the total
assessment of such widower does not
exceed four thousand five hundred dollars.
4. Two hundred fifty dollars if the total
assessment of such widower does not
exceed five thousand dollars.
5. No exemption if the total assessment of
such widower exceeds five thousand
dollars.
In order to qualify for this exemption, the
income from all sources of such
widower, together with the income from all
sources of all children of such widower
residing with the widower in his residence in
the year immediately preceding the year for
which such widower applies for this exemption,
shall not exceed:
1. Seven thousand dollars if none of the
widower's children under the age of
eighteen years resided with him in such
widower's residence; or
2. Ten thousand dollars if one or more of the
widower's children residing with
him in such widower's residence was under the
age of eighteen years, or was totally and
permanently disabled, physically or mentally,
as certified by competent medical authority
as provided by law.
Such widower shall have resided with his last
spouse in this state at the time of
the spouse's death if he was not a widower and
a resident of this state prior to January
1, 1969.
No property shall be exempt which has been
conveyed to evade taxation. The
total exemption from taxation granted to the
property owned by a person who qualifies
for any exemption in accordance with the terms
of this section shall not exceed one
thousand five hundred dollars. This section
shall be self-executing.
2.2.
Exemption from tax; property of persons who are disabled
Section 2.2. A. There shall be further exempt
from taxation the property of
each person who, after age seventeen, has been
medically certified as totally and
permanently disabled, in the amount of:
1. One thousand five hundred dollars if the
total assessment of such person
does not exceed three thousand five hundred
dollars.
2. One thousand dollars if the total
assessment of such person does not exceed
four thousand dollars.
3. Five hundred dollars if the total
assessment of such person does not exceed
four thousand five hundred dollars.
4. Two hundred fifty dollars if the total
assessment of such person does not.51
exceed five thousand dollars.
5. No exemption if the total assessment of
such person exceeds five thousand
dollars. The legislature may by law prescribe
criteria for medical certification of such
disability.
B. The income from all sources of the person
who is disabled, the person's
spouse and all of the person's children who
reside in the person's residence in the year
immediately preceding the year for which the
person applies for this exemption shall not
exceed:
1. Seven thousand dollars if none of the
person's children under the age of
eighteen years resided in the person's
residence; or
2. Ten thousand dollars if one or more of the
person's children residing in the
residence was under the age of eighteen years
or was totally and permanently disabled,
physically or mentally, as certified by
competent medical authority as provided by law.
C. No property shall be exempt which has been
conveyed to evade taxation.
The total exemption from taxation granted to
the property owned by a person who
qualifies for any exemption in accordance with
the terms of this section shall not exceed
one thousand five hundred dollars. This
section shall be self-executing.
2.
Exemption from tax; increase in amount of exemptions, assessments
and income
Section 2.3. The legislature may by law
increase the amount of the exemptions,
the total permissible amount of assessments or
the permissible amount of income from
all sources prescribed in sections 2, 2.1 and
2.2 of this article.
3. Annual
tax; purposes; amount; tax laws; payment of taxes into state
treasury
Section 3. The legislature shall provide by
law for an annual tax sufficient, with
other sources of revenue, to defray the
necessary ordinary expenses of the state for
each fiscal year. And for the purpose of
paying the state debt, if there be any, the
legislature shall provide for levying an
annual tax sufficient to pay the annual interest and
the principal of such debt within twenty-five
years from the final passage of the law
creating the debt.
No tax shall be levied except in pursuance of
law, and every law imposing a tax
shall state distinctly the object of the tax,
to which object only it shall be applied.
All taxes levied and collected for state
purposes shall be paid into the state
treasury in money only.
4. Fiscal
year; annual statement of receipts and expenditures; deficit.52
Section 4. The fiscal year shall commence on
the first day of July in each
year. An accurate statement of the receipts
and expenditures of the public money shall
be published annually, in such manner as shall
be provided by law. Whenever the
expenses of any fiscal year shall exceed the
income, the legislature may provide for
levying a tax for the ensuing fiscal year
sufficient, with other sources of income, to pay
the deficiency, as well as the estimated
expenses of the ensuing fiscal year.
5. Power of
state to contract debts; purposes; limit; restrictions
Section 5. The state may contract debts to
supply the casual deficits or failures
in revenues, or to meet expenses not otherwise
provided for; but the aggregate amount
of such debts, direct and contingent, whether
contracted by virtue of one or more laws,
or at different periods of time, shall never
exceed the sum of three hundred and fifty
thousand dollars; and the money arising from
the creation of such debts shall be applied
to the purpose for which it was obtained or to
repay the debts so contracted, and to no
other purpose.
In addition to the above limited power to
contract debts the state may borrow
money to repel invasion, suppress
insurrection, or defend the state in time of war; but
the money thus raised shall be applied
exclusively to the object for which the loan shall
have been authorized or to the repayment of
the debt thereby created. No money shall
be paid out of the state treasury, except in
the manner provided by law.
6. Local
assessments and taxes
Section 6. Incorporated cities, towns, and
villages may be vested by law with
power to make local improvements by special
assessments, or by special taxation of
property benefited. For all corporate
purposes, all municipal corporations may be
vested with authority to assess and collect
taxes.
7. Gift or
loan of credit; subsidies; stock ownership; joint ownership
Section 7. Neither the state, nor any county,
city, town, municipality, or other
subdivision of the state shall ever give or
loan its credit in the aid of, or make any
donation or grant, by subsidy or otherwise, to
any individual, association, or
corporation, or become a subscriber to, or a
shareholder in, any company or
corporation, or become a joint owner with any
person, company, or corporation,
except as to such ownerships as may accrue to
the state by operation or provision of
law or as authorized by law solely for
investment of the monies in the various funds of
the state.
8. Local
debt limits; assent of taxpayers
Section 8. (1) No county, city, town, school
district, or other municipal
corporation shall for any purpose become
indebted in any manner to an amount.53
exceeding six per centum of the taxable
property in such county, city, town, school
district, or other municipal corporation,
without the assent of a majority of the property
taxpayers, who must also in all respects be
qualified electors, therein voting at an
election provided by law to be held for that
purpose, the value of the taxable property
therein to be ascertained by the last
assessment for state and county purposes, previous
to incurring such indebtedness; except, that
in incorporated cities and towns
assessments shall be taken from the last
assessment for city or town purposes;
provided, that under no circumstances shall
any county or school district become
indebted to an amount exceeding fifteen per
centum of such taxable property, as shown
by the last assessment roll thereof; and
provided further, that any incorporated city or
town, with such assent, may be allowed to
become indebted to a larger amount, but not
exceeding twenty per centum additional, for
supplying such city or town with water,
artificial light, or sewers, when the works
for supplying such water, light, or sewers are
or shall be owned and controlled by the
municipality, and for the acquisition and
development by the incorporated city or town
of land or interests therein for open space
preserves, parks, playgrounds and recreational
facilities.
(2) The provisions of section 18, subsections
(3), (4), (5) and (6) of this article
shall not apply to this section.
8. Unified
school district debt limit
Section 8.1. (1) Notwithstanding the
provisions of section 8 of this article a
unified school district may become indebted to
an amount not exceeding thirty per cent
of the taxable property of the school
district, as shown by the last assessment roll
thereof. For purposes of this section, a
unified school district is a single school district
which provides education to the area within
the district for grades kindergarten through
twelve and which area is not subject to
taxation by any other common or high school
district.
(2) The provisions of section 18, subsections
(3), (4), (5) and (6) of this article
shall not apply to this section.
9.
Statement of tax and objects
Section 9. Every law which imposes, continues,
or revives a tax shall distinctly
state the tax and the objects for which it
shall be applied; and it shall not be sufficient to
refer to any other law to fix such tax or
object..54
10 Aid of
church, private or sectarian school, or public service
corporation
Section 10. No tax shall be laid or
appropriation of public money made in aid
of any church, or private or sectarian school,
or any public service corporation.
11 Taxing
procedure; license tax on registered vehicles
Section 11. From and after December 31, 1973,
the manner, method and
mode of assessing, equalizing and levying
taxes in the state of Arizona shall be such as is
prescribed by law.
From and after December 31, 1973, a license
tax is hereby imposed on
vehicles registered for operation upon the
highways in Arizona, which license tax shall
be in lieu of all ad valorem property taxes on
any vehicle subject to such license
tax. Such license tax shall be collected as
provided by law. To facilitate an even
distribution of the registration of vehicles
and the collection of the license tax imposed by
this section, the legislature may provide for
different times or periods of registration
between and within the several classes of
vehicles.
In the event that a vehicle is destroyed after
the beginning of a registration year,
the license tax paid for such year on such
vehicle may be reduced as provided by law.
From and after December 31, 1973, mobile
homes, as defined by law for tax
purposes, shall not be subject to the license
tax imposed under the provisions of this
section but shall be subject to ad valorem
property taxes on any mobile homes in the
manner provided by law. Distribution of the
proceeds derived from such tax shall be as
provided by law.
From and after December 31, 1973, the
legislature shall provide for the
distribution of the proceeds from such license
tax to the state, counties, school districts,
cities and towns.
12
Authority to provide for levy and collection of license and other taxes
Section 12. The law-making power shall have
authority to provide for the levy
and collection of license, franchise, gross
revenue, excise, income, collateral and direct
inheritance, legacy, and succession taxes,
also graduated income taxes, graduated
collateral and direct inheritance taxes,
graduated legacy and succession taxes, stamp,
registration, production, or other specific
taxes.
13
Inventory tax on materials and products of manufacturers
No tax shall be levied on raw or unfinished
materials, unassembled parts, work
in process or finished products, constituting
the inventory of a manufacturer or
manufacturing establishment located within the
state and principally engaged in the
fabrication, production and manufacture of
products, wares and articles for use, from
raw or prepared materials, imparting thereto
new forms, qualities, properties and.55
combinations, which materials, parts, work in
process or finished products are not
consigned or billed to any other party.
14 Use and
distribution of vehicle, user, and gasoline and diesel tax
receipts
Section 14. No moneys derived from fees,
excises, or license taxes relating to
registration, operation, or use of vehicles on
the public highways or streets or to fuels or
any other energy source used for the
propulsion of vehicles on the public highways or
streets, shall be expended for other than
highway and street purposes including the cost
of administering the state highway system and
the laws creating such fees, excises, or
license taxes, statutory refunds and
adjustments provided by law, payment of principal
and interest on highway and street bonds and
obligations, expenses of state enforcement
of traffic laws and state administration of
traffic safety programs, payment of costs of
publication and distribution of Arizona
highways magazine, state costs of construction,
reconstruction, maintenance or repair of
public highways, streets or bridges, costs of
rights of way acquisitions and expenses
related thereto, roadside development, and for
distribution to counties, incorporated cities
and towns to be used by them solely for
highway and street purposes including costs of
rights of way acquisitions and expenses
related thereto, construction, reconstruction,
maintenance, repair, roadside
development, of county, city and town roads,
streets, and bridges and payment of
principal and interest on highway and street
bonds. As long as the total highway user
revenues derived equals or exceeds the total
derived in the fiscal year ending June 30,
1970, the state and any county shall not
receive from such revenues for the use of each
and for distribution to cities and towns,
fewer dollars than were received and distributed
in such fiscal year. This section shall not
apply to moneys derived from the automobile
license tax imposed under section 11 of
article IX of the Constitution of Arizona. All
moneys collected in accordance with this
section shall be distributed as provided by
law.
15 License
tax on aircraft
Section 15. Commencing January 1, 1965, a
license tax is imposed on aircraft
registered for operation in Arizona, which
license tax shall be in lieu of all ad valorem
property taxes on any aircraft subject
thereto, but nothing in this section shall be
deemed to apply to:
1. Regularly scheduled aircraft operated by an
air line company for the primary
purpose of carrying persons or property for
hire in interstate, intrastate, or international
transportation.
2. Aircraft owned and held by an aircraft
dealer solely for purposes of sale.
3. Aircraft owned by a nonresident who
operates aircraft for a period not in
excess of ninety days in any one calendar
year, provided that such aircraft are not
engaged in any intrastate commercial
activity..56
4. Aircraft owned and operated exclusively in
the public service by the state or
by any political subdivision thereof, or by
the civil air patrol. The amount, manner,
method and mode of assessing, equalizing and
levying such license tax and the
distribution of the proceeds therefrom shall
be prescribed by law.
16
Exemption of watercraft from ad valorem property taxes
Section 16. Commencing January 1, 1967, all
watercraft registered for
operation in Arizona, excluding watercraft
owned and operated for any commercial
purpose, is exempt from ad valorem property
taxes. Watercraft exempt from ad
valorem property taxes shall be subject to or
exempt from a license tax, as may be
prescribed by law.
"Watercraft", as used in this section, shall
be defined as provided by law.
17 Economic
estimates commission; appropriation limitation; powers and
duties of commission
Section 17. (1) The economic estimates
commission shall be established by
law, with a membership of not to exceed three
members, and shall determine and
publish prior to February 1 of each year the
estimated total personal income for the
following fiscal year. By April 1 of each year
the commission shall determine and
publish a final estimate of the total personal
income for the following fiscal year, which
estimate shall be used in computing the
appropriations limit for the legislature. For the
purposes of this section, "total personal
income" means the dollar amount that will be
reported as total income by persons for the
state of Arizona by the U. S. department of
commerce or its successor agency.
(2) For purposes of this section, "state
revenues":
(a) Include all monies, revenues, fees, fines,
penalties, funds, tuitions, property
and receipts of any kind whatsoever received
by or for the account of the state or any
of its agencies, departments, offices, boards,
commissions, authorities, councils and
insitutions except as provided in this
subsection.
(b) Do not include:
(i) Any amounts or property received from the
issuance or incurrence of bonds
or other lawful long-term obligations issued
or incurred for a specific purpose. For the
purpose of this subdivision long-term
obligations shall not include warrants issued in the
ordinary course of operation or registered for
payment by the state.
(ii) Any amounts or property received as
payment of dividends or interest.
(iii) Any amounts or property received by the
state in the capacity of trustee,
custodian or agent.
(iv) Any amounts received from employers for
deposit in the unemployment
compensation fund or any successor fund..57
(v) Any amounts collected by the state for
distribution to counties, cities and
towns without specific restrictions on the use
of the funds other than the restrictions
included in section 14 of this article.
(vi) Any amounts received as grants, aid,
contributions or gifts of any type,
except voluntary contributions or other
contributions received directly or indirectly in
lieu of taxes.
(vii) Any amounts received as the proceeds
from the sale, lease or
redemption of property or as consideration for
services or the use of property.
(viii) Any amounts received pursuant to a
transfer during a fiscal year from
another agency, department, office, board,
commission, authority, council or institution
of the state which were included as state
revenues for such fiscal year or which are
excluded from state revenue under other
provisions of this subsection.
(ix) Any amounts attributable to an increase
in the rates of tax subsequent to
July 1, 1979 on vehicle users, gasoline and
diesel fuel which were levied on July 1,
1979.
(x) Any amounts received during a fiscal year
as refunds, reimbursements or
other recoveries of amounts appropriated which
were applied against the appropriation
limitation for such fiscal year or which were
excluded from state revenues under other
provisions of this subsection.
(3) The legislature shall not appropriate for
any fiscal year state revenues in
excess of seven per cent of the total personal
income of the state for that fiscal year as
determined by the economic estimates
commission. The limitation may be exceeded
upon affirmative vote of two-thirds of the
membership of each house of the legislature
on each measure that appropriates amounts in
excess of the limitation. If the legislature
authorizes a specific dollar amount of
appropriation for more than one fiscal year, for
the purpose of measuring such appropriation
against the appropriation limitation, the
entire amount appropriated shall be applied
against the limitation in the first fiscal year
during which any expenditures are authorized,
and in no other fiscal year.
(4) In order to permit the transference of
governmental functions or funding
responsibilities between the federal and state
governments and between the state
government and its political subdivisions
without abridging the purpose of this section to
limit state appropriations to a percentage of
total personal income, the legislature shall
provide for adjustments of the appropriation
percentage limitation consistent with the
following principles:
(a) If the federal government assumes all or
any part of the cost of providing a
governmental function which the state
previously funded in whole or in part, the
appropriation limitation shall be
commensurately decreased.
(b) If the federal government requires the
state to assume all or any part of the
cost of providing a governmental function the
appropriation limitation shall be
commensurately increased.
(c) If the state assumes all or any part of
the cost of providing a governmental
function and the state requires the political
subdivision, which previously funded all or.58
any part of the cost of the function to
commensurately decrease its tax revenues, the
appropriation percentage limitation shall be
commensurately increased.
(d) If a political subdivision assumes all or
any part of the cost of providing a
governmental function previously funded in
whole or in part by the state, the
appropriation percentage limitation shall be
commensurately decreased.
Any adjustments made pursuant to this
subsection shall be made for the first
fiscal year of the assumption of the cost.
Such adjustment shall remain in effect for each
subsequent fiscal year.
18.||Residential
ad valorem tax limits; limit on increase in values; definitions
Section 18. (1) The maximum amount of ad
valorem taxes that may be
collected from residential property in any tax
year shall not exceed one per cent of the
property's full cash value as limited by this
section.
(2) The limitation provided in subsection (1)
does not apply to:
(a) Ad valorem taxes or special assessments
levied to pay the principal of and
interest and redemption charges on bonded
indebtedness or other lawful long-term
obligations issued or incurred for a specific
purpose.
(b) Ad valorem taxes or assessments levied by
or for property improvement
assessment districts, improvement districts
and other special purpose districts other than
counties, cities, towns, school districts and
community college districts.
(c) Ad valorem taxes levied pursuant to an
election to exceed a budget,
expenditure or tax limitation.
(3) Except as otherwise provided by
subsections (5), (6) and (7) of this section
the value of real property and improvements
and the value of mobile homes used for all
ad valorem taxes except those specified in
subsection (2) shall be the lesser of the full
cash value of the property or an amount ten
per cent greater than the value of property
determined pursuant to this subsection for the
prior year or an amount equal to the value
of property determined pursuant to this
subsection for the prior year plus one-fourth of
the difference between such value and the full
cash value of the property for current tax
year, whichever is greater.
(4) The legislature shall by law provide a
method of determining the value,
subject to the provisions of subsection (3),
of new property.
(5) The limitation on increases in the value
of property prescribed in subsection
(3) does not apply to equalization orders that
the legislature specifically exempts by law
from such limitation.
(6) Subsection (3) does not apply to:
(a) Property used in the business of patented
or unpatented producing mines
and the mills and the smelters operated in
connection with the mines.
(b) Producing oil, gas and geothermal
interests.
(c) Real property, improvements thereto and
personal property used thereon
used in the operation of telephone, telegraph,
gas, water and electric utility companies..59
(d) Aircraft that is regularly scheduled and
operated by an airline company for
the primary purpose of carrying persons or
property for hire in interstate, intrastate or
international transportation.
(e) Standing timber.
(f) Property used in the operation of
pipelines.
(g) Personal property regardless of use except
mobile homes.
(7) A resident of this state who is sixty-five
years of age or older may apply to
the county assessor for a property valuation
protection option on the person's primary
residence, including not more than ten acres
of undeveloped appurtenant land. The
resident may apply for a property valuation
protection option after residing in the
primary residence for two years. If one person
owns the property, the person's total
income from all sources including nontaxable
income shall not exceed four hundred per
cent of the supplemental security income
benefit rate established by section 1611 of the
social security act. If the property is owned
by two or more persons, including a
husband and wife, at least one of the owners
must be sixty-five years of age or older
and the owners' combined total income from all
sources including nontaxable income
shall not exceed five hundred per cent of the
supplemental security income benefit rate
established by section 1611 of the social
security act. The assessor shall review the
owner's income qualifications on a triennial
basis and shall use the owner's average total
income during the previous three years for the
review. If the county assessor approves
a property valuation protection option, the
value of the primary residence shall remain
fixed at the full cash value in effect during
the year the property valuation protection
option is filed and as long as the owner
remains eligible. To remain eligible, the county
assessor shall require a qualifying resident
to reapply for the property valuation
protection option every three years and shall
send a notice of reapplication to qualifying
residents six months before the three year
reapplication requirement. If title to the
property is conveyed to any person who does
not qualify for the property valuation
protection option, the property valuation
protection option terminates, and the property
shall revert to its current full cash value.
(8) The legislature shall provide by law a
system of property taxation consistent
with the provisions of this section.
(9) For purposes of this section:
(a) "Owner" means the owner of record of the
property and includes a person
who owns the majority beneficial interest of a
living trust.
(b) "Primary residence" means all owner
occupied real property and
improvements to that real property in this
state that is a single family home,
condominium, townhouse or an owner occupied
mobile home and that is used for
residential purposes.
19
Limitation on ad valorem tax levied; exceptions.60
Section 19. (1) The maximum amount of ad
valorem taxes levied by any
county, city, town or community college
district shall not exceed an amount two per
cent greater than the amount levied in the
preceding year.
(2) The limitation prescribed by subsection
(1) does not apply to:
(a) Ad valorem taxes or special assessments
levied to pay the principal of and
the interest and redemption charges on bonded
indebtedness or other lawful long-term
obligations issued or incurred for a specific
purpose.
(b) Ad valorem taxes or assessments levied by
or for property improvement
assessment districts, improvement districts
and other special purpose districts other than
counties, cities, towns and community college
districts.
(c) Ad valorem taxes levied by counties for
support of common, high and
unified school districts.
(3) This section applies to all tax years
beginning after December 31, 1981.
(4) The limitation prescribed by subsection
(1) shall be increased each year to
the maximum permissible limit, whether or not
the political subdivision actually levies ad
valorem taxes to such amounts.
(5) The voters, in the manner prescribed by
law, may elect to allow ad valorem
taxation in excess of the limitation
prescribed by this section.
(6) The limitation prescribed by subsection
(1) of this section shall be increased
by the amount of ad valorem taxes levied
against property not subject to taxation in the
prior year and shall be decreased by the
amount of ad valorem taxes levied against
property subject to taxation in the prior year
and not subject to taxation in the current
year. Such amounts of ad valorem taxes shall
be computed using the rate applied to
property not subject to this subsection.
(7) The legislature shall provide by law for
the implementation of this section.
20
Expenditure limitation; adjustments; reporting
Section 20. (1) The economic estimates
commission shall determine and
publish prior to April 1 of each year the
expenditure limitation for the following fiscal
year for each county, city and town. The
expenditure limitations shall be determined by
adjusting the amount of actual payments of
local revenues for each such political
subdivision for fiscal year 1979-1980 to
reflect the changes in the population of each
political subdivision and the cost of living.
The governing board of any political
subdivision shall not authorize expenditures
of local revenues in excess of the limitation
prescribed in this section, except as provided
in subsections (2), (6) and (9) of this
section.
(2) Expenditures in excess of the limitations
determined pursuant to subsection
(1) of this section may be authorized as
follows:
(a) Upon affirmative vote of two-thirds of the
members of the governing board
for expenditures directly necessitated by a
natural or man-made disaster declared by the
governor. Any expenditures in excess of the
expenditure limitation, as authorized by this
paragraph, shall not affect the determination
of the expenditure limitation pursuant to.61
subsection (1) of this section in any
subsequent years. Any expenditures authorized
pursuant to this paragraph shall be made
either in the fiscal year in which the disaster is
declared or in the succeeding fiscal year.
(b) Upon the affirmative vote of seventy per
cent of the members of the
governing board for expenditures directly
necessitated by a natural or man-made
disaster not declared by the governor, subject
to the following:
(i) The governing board reducing expenditures
below the expenditure limitation
determined pursuant to subsection (1) of this
section by the amount of the excess
expenditure for the fiscal year following a
fiscal year in which excess expenditures were
made pursuant to this paragraph; or
(ii) Approval of the excess expenditure by a
majority of the qualified electors
voting either at a special election held by
the governing board or at a regularly scheduled
election for the nomination or election of the
members of the governing board, in the
manner provided by law. If the excess
expenditure is not approved by a majority of the
qualified electors voting, the governing board
shall for the fiscal year which immediately
follows the fiscal year in which the excess
expenditures are made, reduce expenditures
below the expenditure limitation determined
pursuant to subsection (1) of this section by
the amount of the excess expenditures. Any
expenditures in excess of the expenditure
limitation, as authorized by this paragraph,
shall not affect the determination of the
expenditure limitation pursuant to subsection
(1) of this section in any subsequent
years. Any expenditures pursuant to this
paragraph shall be made either in the fiscal
year in which the disaster occurs or in the
succeeding fiscal year.
(c) Upon affirmative vote of at least
two-thirds of the members of the governing
board and approval by a majority of the
qualified electors voting either at a special
election held by the governing board in a
manner prescribed by law, or at a regularly
scheduled election for the nomination or
election of the members of the governing
board. Such approval by a majority of the
qualified electors voting shall be for a
specific amount in excess of the expenditure
limitation, and such approval must occur
prior to the fiscal year in which the
expenditure limitation is to be exceeded. Any
expenditures in excess of the expenditure
limitation, as authorized by this subdivision,
shall not affect the determination of the
expenditure limitation pursuant to subsection (1)
of this section, in subsequent years.
(3) As used in this section:
(a) "Base limit" means the amount of actual
payments of local revenues for
fiscal year 1979-1980 as used to determine the
expenditure limitation pursuant to
subsection (1) of this section.
(b) "Cost of living" means either:
(i) The price of goods and services as
measured by the implicit price deflator
for the gross national product or its
successor as reported by the United States
department of commerce or its successor
agency.
(ii) A different measure or index of the cost
of living adopted at the direction of
the legislature, by concurrent resolution,
upon affirmative vote of two-thirds of the
membership of each house of the legislature.
Such measure or index shall apply for.62
subsequent fiscal years, except it shall not
apply for the fiscal year following the
adoption of such measure or index if the
measure or index is adopted after March 1 of
the preceding fiscal year.
(c) "Expenditure" means any authorization for
the payment of local revenues.
(d) "Local revenues" includes all monies,
revenues, funds, fees, fines, penalties,
tuitions, property and receipts of any kind
whatsoever received by or for the account of
a political subdivision or any of its
agencies, departments, offices, boards, commissions,
authorities, councils and institutions,
except:
(i) Any amounts or property received from the
issuance or incurrence of bonds
or other lawful long-term obligations issued
or incurred for a specific purpose, or
collected or segregated to make payments or
deposits required by a contract
concerning such bonds or obligations. For the
purpose of this subdivision long-term
obligations shall not include warrants issued
in the ordinary course of operation or
registered for payment, by a political
subdivision.
(ii) Any amounts or property received as
payment of dividends or interest, or
any gain on the sale or redemption of
investment securities, the purchase of which is
authorized by law.
(iii) Any amounts or property received by a
political subdivision in the capacity
of trustee, custodian or agent.
(iv) Any amounts received as grants and aid of
any type received from the
federal government or any of its agencies.
(v) Any amounts received as grants, aid,
contributions or gifts of any type
except amounts received directly or indirectly
in lieu of taxes received directly or
indirectly from any private agency or
organization or any individual.
(vi) Any amounts received from the state which
are included within the
appropriation limitation prescribed in section
17 of this article.
(vii) Any amounts received pursuant to a
transfer during a fiscal year from
another agency, department, office, board,
commission, authority, council or institution
of the same political subdivision which were
included as local revenues for such fiscal
year or which are excluded from local revenue
under other provisions of this section.
(viii) Any amounts or property accumulated for
the purpose of purchasing land,
buildings or improvements or constructing
buildings or improvements, if such
accumulation and purpose have been approved by
the voters of the political subdivision.
(ix) Any amounts received pursuant to section
14 of this article which are
greater than the amount received in fiscal
year 1979-1980.
(x) Any amounts received in return for goods
or services pursuant to a contract
with another political subdivision, school
district, community college district or the state,
and expended by the other political
subdivision, school district, community college
district or the state pursuant to the
expenditure limitation in effect when the amounts are
expended by the other political subdivision,
school district, community college district or
the state..63
(xi) Any amounts expended for the
construction, reconstruction, operation or
maintenance of a hospital financially
supported by a city or town prior to January 1,
1980.
(xii) Any amounts or property collected to pay
the principal of and interest on
any warrants issued by a political subdivision
and outstanding as of July 1, 1979.
(xiii) Any amounts received during a fiscal
year as refunds, reimbursements or
other recoveries of amounts expended which
were applied against the expenditure
limitation for such fiscal year or which were
excluded from local revenues under other
provisions of this subsection.
(xiv) Any amounts received collected by the
counties for distribution to school
districts pursuant to state law.
(e) "Political subdivision" means any county,
city or town. This definition applies
only to this section and does not otherwise
modify the commonly accepted definition of
political subdivision.
(f) "Population" means either:
(i) The periodic census conducted by the
United States department of
commerce or its successor agency, or the
annual update of such census by the
department of economic security or its
successor agency.
(ii) A different measure or index of
population adopted at the direction of the
legislature, by concurrent resolution, upon
affirmative vote of two-thirds of the
membership of each house of the legislature.
Such measure or index shall apply for
subsequent fiscal years, except it shall not
apply for the fiscal year following the
adoption of such measure or index if the
measure or index is adopted after March 1 of
the preceding fiscal year.
(4) The economic estimates commission shall
adjust the base limit to reflect
subsequent transfers of all or any part of the
cost of providing a governmental function,
in a manner prescribed by law. The adjustment
provided for in this subsection shall be
used in determining the expenditure limitation
pursuant to subsection (1) of this section
beginning with the fiscal year immediately
following the transfer.
(5) The economic estimates commission shall
adjust the base limit to reflect any
subsequent annexation, creation of a new
political subdivision, consolidation or change
in the boundaries of a political subdivision,
in a manner prescribed by law. The
adjustment provided for in this subsection
shall be used in determining the expenditure
limitation pursuant to subsection (1) of this
section beginning with the fiscal year
immediately following the annexation, creation
of a new political subdivision,
consolidation or change in the boundaries of a
political subdivision.
(6) Any political subdivision may adjust the
base limit by the affirmative vote of
two-thirds of the members of the governing
board or by initiative, in the manner
provided by law, and in either instance by
approval of the proposed adjustment by a
majority of the qualified electors voting at a
regularly scheduled general election or at a
nonpartisan election held for the nomination
or election of the members of the governing
board. The impact of the modification of the
expenditure limitation shall appear on the
ballot and in publicity pamphlets, as provided
by law. Any adjustment, pursuant to this.64
subsection, of the base limit shall be used in
determining the expenditure limitation
pursuant to subsection (1) of this section
beginning with the fiscal year immediately
following the approval, as provided by law.
(7) The legislature shall provide for
expenditure limitations for such special
districts as it deems necessary.
(8) The legislature shall establish by law a
uniform reporting system for all
political subdivisions or special districts
subject to an expenditure limitation pursuant to
this section to insure compliance with this
section. The legislature shall establish by law
sanctions and penalties for failure to comply
with this section.
(9) Subsection (1) of this section does not
apply to a city or town which at a
regularly scheduled election for the
nomination or election of members of the governing
board of the city or town adopts an
expenditure limitation pursuant to this subsection
different from the expenditure limitation
prescribed by subsection (1) of this
section. The governing board of a city or town
may by a two-thirds vote provide for
referral of an alternative expenditure
limitation or the qualified electors may by initiative,
in the manner provided by law, propose an
alternative expenditure limitation. In a
manner provided by law, the impact of the
alternative expenditure limitation shall be
compared to the impact of the expenditure
limitation prescribed by subsection (1) of this
section, and the comparison shall appear on
the ballot and in publicity pamphlets. If a
majority of the qualified electors voting on
such issue vote in favor of the alternative
expenditure limitation, such limitation shall
apply to the city or town. If more than one
alternative expenditure limitation is on the
ballot and more than one alternative
expenditure limitation is approved by the
voters, the alternative expenditure limitation
receiving the highest number of votes shall
apply to such city or town. If an alternative
expenditure limitation is adopted, it shall
apply for the four succeeding fiscal
years. Following the fourth succeeding fiscal
year, the expenditure limitation prescribed
by subsection (1) of this section shall become
the expenditure limitation for the city or
town unless an alternative expenditure
limitation is approved as provided in this
subsection. If a majority of the qualified
electors voting on such issue vote against an
alternative expenditure limitation, the
expenditure limitation prescribed pursuant to
subsection (1) of this section shall apply to
the city or town, and no new alternative
expenditure limitation may be submitted to the
voters for a period of at least two
years. If an alternative expenditure
limitation is adopted pursuant to this subsection, the
city or town may not conduct an override
election provided for in section 19, subsection
(4) of this article, during the time period in
which the alternative expenditure limitation is
in effect.
(10) This section does not apply to any
political subdivision until the fiscal year
immediately following the first regularly
scheduled election after July 1, 1980 for the
nomination or election of the members of the
governing board of such political
subdivision, except that a political
subdivision, prior to the fiscal year during which the
spending limitation would first become
effective, may modify the expenditure limitation
prescribed pursuant to subsection (1) of this
section, by the provisions prescribed by.65
subsections (2) and (6) of this section, or
may adopt an alternative expenditure limitation
pursuant to subsection (9) of this section.
A county may conduct a special election to
exceed the expenditure limitation
prescribed pursuant to subsection (1) of this
section for the fiscal years 1982-1983 and
1983-1984, on the first Tuesday after the
first Monday in November in 1981.
(11) "City", as used in this article, means
city or charter city.
21
Expenditure limitation; school districts and community college
districts;
adjustments; reporting
Section 21.
(1) The economic estimates commission shall
determine and publish prior to
April 1 of each year the expenditure
limitation for the following fiscal year for each
community college district. The expenditure
limitations shall be determined by adjusting
the amount of expenditures of local revenues
for each such district for fiscal year 1979-
1980 to reflect the changes in the student
population of each district and the cost of
living. The governing board of any community
college district shall not authorize
expenditures of local revenues in excess of
the limitation prescribed in this section,
except in the manner provided by law.
(2) The economic estimates commission shall
determine and publish prior to
May 1 of each year the aggregate expenditure
limitation for all school districts for the
following fiscal year. The aggregate
expenditure limitation shall be determined by
adjusting the total amount of expenditures of
local revenues for all school districts for
fiscal year 1979-1980 to reflect the changes
in student population in the school districts
and the cost of living, and multiplying the
result by 1.10. The aggregate expenditures of
local revenues for all school districts shall
not exceed the limitation prescribed in this
section, except as provided in subsection (3)
of this section.
(3) Expenditures in excess of the limitation
determined pursuant to subsection
(2) of this section may be authorized for a
single fiscal year upon affirmative vote of
two-thirds of the membership of each house of
the legislature.
(4) As used in this section:
(a) "Cost of living" means either:
(i) The price of goods and services as
measured by the implicit price deflator
for the gross national product or its
successor as reported by the United States
department of commerce, or its successor
agency.
(ii) A different measure or index of the cost
of living adopted at the direction of
the legislature, by concurrent resolution,
upon affirmative vote of two-thirds of the
membership of each house of the legislature.
Such measure or index shall apply for
subsequent fiscal years, except it shall not
apply for the fiscal year following the
adoption of such measure or index if the
measure or index is adopted after March 1 of
the preceding fiscal year.
(b) "Expenditure" means any amounts budgeted
to be paid from local revenues
as prescribed by law..66
(c) "Local revenues" includes all monies,
revenues, funds, property and receipts
of any kind whatsoever received by or for the
account of a school or community college
district or any of its agencies, departments,
offices, boards, commissions, authorities,
councils and institutions, except:
(i) Any amounts or property received from the
issuance or incurrence of bonds,
or other lawful long-term obligations issued
or incurred for a specific purpose, or any
amounts or property collected or segregated to
make payments or deposits required by
a contract concerning such bonds or
obligations. For the purpose of this subdivision
long-term obligations shall not include
warrants issued in the ordinary course of
operation or registered for payment by a
political subdivision.
(ii) Any amounts or property received as
payment of dividends and interest, or
any gain on the sale or redemption of
investment securities, the purchase of which is
authorized by law.
(iii) Any amounts or property received by a
school or community college
district in the capacity of trustee, custodian
or agent.
(iv) Any amounts received as grants and aid of
any type received from the
federal government or any of its agencies
except school assistance in federally affected
areas.
(v) Any amounts or property received as
grants, gifts, aid or contributions of
any type except amounts received directly or
indirectly in lieu of taxes received directly
or indirectly from any private agency or
organization, or any individual.
(vi) Any amounts received from the state for
the purpose of purchasing land,
buildings or improvements or constructing
buildings or improvements.
(vii) Any amounts received pursuant to a
transfer during a fiscal year from
another agency, department, office, board,
commission, authority, council or institution
of the same community college or school
district which were included as local revenues
for such fiscal year or which are excluded
from local revenue under other provisions of
this subsection.
(viii) Any amounts or property accumulated by
a community college district for
the purpose of purchasing land, buildings or
improvements or constructing buildings or
improvements.
(ix) Any amounts received in return for goods
or services pursuant to a
contract with another political subdivision,
school district, community college district or
the state and expended by the other political
subdivision, school district, community
college district or the state pursuant to the
expenditure limitation in effect when the
amounts are expended by the other political
subdivision, school district, community
college district or the state.
(x) Any amounts received as tuition or fees
directly or indirectly from any
public or private agency or organization or
any individual.
(xi) Any ad valorem taxes received pursuant to
an election to exceed the
limitation prescribed by section 19 of this
article or for the purposes of funding
expenditures in excess of the expenditure
limitations prescribed by subsection (7) of this
section..67
(xii) Any amounts received during a fiscal
year as refunds, reimbursements or
other recoveries of amounts expended which
were applied against the expenditure
limitation for such fiscal year or which were
excluded from local revenues under other
provisions of this subsection.
(d) For the purpose of subsection (2) of this
section, the following items are
also excluded from local revenues:
(i) Any amounts received as the proceeds from
the sale, lease or rental of
school property as authorized by law.
(ii) Any amounts received from the capital
levy as authorized by law.
(iii) Any amounts received from the
acquisition, operation, or maintenance of
school services of a commercial nature which
are entirely or predominantly self-supporting.
(iv) Any amounts received for the purpose of
funding expenditures authorized
in the event of destruction of or damage to
the facilities of a school district as authorized
by law.
(e) "Student population" means the number of
actual, full-time or the equivalent
of actual full-time students enrolled in the
school district or community college district
determined in a manner prescribed by law.
(5) The economic estimates commission shall
adjust the amount of expenditures
of local revenues in fiscal year 1979-1980, as
used to determine the expenditure
limitation pursuant to subsections (1) and (2)
of this section, to reflect subsequent
transfers of all or any part of the cost of
providing a governmental function, in a manner
prescribed by law. The adjustment provided for
in this subsection shall be used in
determining the expenditure limitation
pursuant to subsections (1) and (2) of this section
beginning with the fiscal year immediately
following the transfer.
(6) The economic estimates commission shall
adjust the amount of expenditures
of local revenues in fiscal year 1979-1980, as
used to determine the expenditure
limitation pursuant to subsection (1) of this
section, to reflect any subsequent annexation,
creation of a new district, consolidation or
change in the boundaries of a district, in a
manner prescribed by law. The adjustment
provided for in this subsection shall be used
in determining the expenditure limitation
pursuant to subsection (1) of this section
beginning with the fiscal year immediately
following the annexation, creation of a new
district, consolidation or change in the
boundaries of a district.
(7) The legislature shall establish by law
expenditure limitations for each school
district beginning with the fiscal year
beginning July 1, 1980. Expenditures by a school
district in excess of such an expenditure
limitation must be approved by a majority of the
electors voting on the excess expenditures.
(8) The legislature shall establish by law a
uniform reporting system for districts
to insure compliance with this section. The
legislature shall establish by law sanctions
and penalties for failure to comply with this
section.
(9) This section is not effective for any
community college district until the fiscal
year beginning July 1, 1981..68
(10) Subsections (2), (3), (5) and (6) of this
section do not apply to school
districts until the fiscal year beginning July
1, 1981.
22 Vote
required to increase state revenues; application; exceptions
Section (A) An act that provides for a net
increase in state revenues, as
described in subsection B is effective on the
affirmative vote of two-thirds of the
members of each house of the legislature. If
the act receives such an affirmative vote, it
becomes effective immediately on the signature
of the governor as provided by article
IV, part 1, section 1. If the governor vetoes
the measure, it shall not become effective
unless it is approved by an affirmative vote
of three-fourths of the members of each
house of the legislature.
(B) The requirements of this section apply to
any act that provides for a net
increase in state revenues in the form of:
1. The imposition of any new tax.
2. An increase in a tax rate or rates.
3. A reduction or elimination of a tax
deduction, exemption, exclusion, credit or
other tax exemption feature in computing tax
liability.
4. An increase in a statutorily prescribed
state fee or assessment or an increase
in a statutorily prescribed maximum limit for
an administratively set fee.
5. The imposition of any new state fee or
assessment or the authorization of any
new administratively set fee.
6. The elimination of an exemption from a
statutorily prescribed state fee or
assessment.
7. A change in the allocation among the state,
counties or cities of Arizona
transaction privilege, severance, jet fuel and
use, rental occupancy, or other taxes.
8. Any combination of the elements described
in paragraphs 1 through 7.
(C) This section does not apply to:
1. The effects of inflation, increasing
assessed valuation or any other similar
effect that increases state revenue but is not
caused by an affirmative act of the
legislature.
2. Fees and assessments that are authorized by
statute, but are not prescribed
by formula, amount or limit, and are set by a
state officer or agency.
3. Taxes, fees or assessments that are imposed
by counties, cities, towns and
other political subdivisions of this state.
(D) Each act to which this section applies
shall include a separate provision
describing the requirements for enactment
prescribed by this section..69
Article 10 - STATE AND SCHOOL LANDS
1.
Acceptance and holding of lands by state in trust
Section 1. All lands expressly transferred and
confirmed to the state by the
provisions of the Enabling Act approved June
20, 1910, including all lands granted to
the state and all lands heretofore granted to
the Territory of Arizona, and all lands
otherwise acquired by the state, shall be by
the state accepted and held in trust to be
disposed of in whole or in part, only in
manner as in the said Enabling Act and in this
Constitution provided, and for the several
objects specified in the respective granting
and confirmatory provisions. The natural
products and money proceeds of any of said
lands shall be subject to the same trusts as
the lands producing the same.
2.
Unauthorized disposition of land or proceeds as breach of trust
Section 2. Disposition of any of said lands,
or of any money or thing of value
directly or indirectly derived therefrom, for
any object other than that for which such
particular lands (or the lands from which such
money or thing of value shall have been
derived) were granted or confirmed, or in any
manner contrary to the provisions of the
said Enabling Act, shall be deemed a breach of
trust.
3. Mortgage
or other encumbrance; sale or lease at public auction
Section 3. No mortgage or other encumbrance of
the said lands, or any part
thereof, shall be valid in favor of any person
or for any purpose or under any
circumstances whatsoever. Said lands shall not
be sold or leased, in whole or in part,
except to the highest and best bidder at a
public auction to be held at the county seat of
the county wherein the lands to be affected,
or the major portion thereof, shall lie, notice
of which public auction shall first have been
duly given by advertisement, which shall set
forth the nature, time and place of the
transaction to be had, with a full description of the
lands to be offered, and be published once
each week for not less than ten successive
weeks in a newspaper of general circulation
published regularly at the state capital, and
in that newspaper of like circulation which
shall then be regularly published nearest to
the location of the lands so offered; nor
shall any sale or contract for the sale of any
timber or other natural product of such lands
be made, save at the place, in the manner,
and after the notice by publication provided
for sales and leases of the lands
themselves. Nothing herein, or elsewhere in
article X contained, shall prevent:
1. The leasing of any of the lands referred to
in this article in such manner as the
legislature may prescribe, for grazing,
agricultural, commercial and homesite purposes,
for a term of ten years or less, without
advertisement;
2. The leasing of any of said lands, in such
manner as the legislature may
prescribe, whether or not also leased for
grazing and agricultural purposes, for mineral
purposes, other than for the exploration,
development, and production of oil, gas and.70
other hydrocarbon substances, for a term of
twenty years or less, without
advertisement, or,
3. The leasing of any of said lands, whether
or not also leased for other
purposes, for the exploration, development,
and production of oil, gas and other
hydrocarbon substances on, in or under said
lands for an initial term of twenty (20)
years or less and as long thereafter as oil,
gas or other hydrocarbon substance may be
procured therefrom in paying quantities, the
leases to be made in any manner, with or
without advertisement, bidding, or
appraisement, and under such terms and provisions,
as the Legislature may prescribe, the terms
and provisions to include a reservation of a
royalty to the state of not less than twelve
and one-half per cent of production.
4. Sale or
other disposal; appraisal; minimum price; credit; passing of title
Section 4. All lands, lease-holds, timber, and
other products of land, before
being offered, shall be appraised at their
true value, and no sale or other disposal
thereof shall be made for a consideration less
than the value so ascertained, nor in any
case less than the minimum price hereinafter
fixed, nor upon credit unless accompanied
by ample security, and the legal title shall
not be deemed to have passed until the
consideration shall have been paid.
5. Minimum
price; relinquishment of lands to United States
Section 5. No lands shall be sold for less
than three dollars per acre, and no
lands which are or shall be susceptible of
irrigation under any projects now or hereafter
completed or adopted by the United States
under legislation for the reclamation of
lands, or under any other project for the
reclamation of lands, shall be sold at less than
twenty-five dollars per acre; Provided, that
the state, at the request of the secretary of
the interior, shall from time to time
relinquish such of its lands to the United States as at
any time are needed for irrigation works in
connection with any such government
project, and other lands in lieu thereof shall
be selected from lands of the character
named and in the manner prescribed in section
twenty-four of the said Enabling Act.
6. Lands
reserved by United States for development of water power
Section 6. No lands reserved and excepted of
the lands granted to this state by
the United States, actually or prospectively
valuable for the development of water
powers or power for hydro-electric use or
transmission, which shall be ascertained and
designated by the secretary of the interior
within five years after the proclamation of the
president declaring the admission of the
state, shall be subject to any disposition
whatsoever by the state or by any officer of
the state, and any conveyance or transfer of
such lands made within said five years shall
be null and void..71
7.
Establishment of permanent funds; segregation, investment and
distribution of monies
Section 7.
A. A separate permanent fund
shall be established for each of the
several objects for which the said grants are
made and confirmed by the enabling act to
the state, and whenever any monies shall be in
any manner derived from any of said
lands, the same shall be deposited by the
state treasurer in the permanent fund
corresponding to the grant under which the
particular land producing such monies was,
by the enabling act, conveyed or confirmed.
B. No monies shall ever be taken from one
permanent fund for deposit in any
other, or for any object other than that for
which the land producing the same was
granted or confirmed.
C. All such monies shall be invested in safe
interest-bearing securities and
prudent equity securities consistent with the
requirements of this section.
D. The legislature shall establish a board of
investment to serve as trustees of
the permanent funds. The board shall provide
for the management of the assets of the
funds consistent with the following
conditions:
1. Not more than sixty per cent of a fund at
cost may be invested in equities at
any time.
2. Equities that are eligible for purchase are
restricted to stocks listed on any
national stock exchange or eligible for
trading through the United States national
association of securities dealers automated
quotation system, or successor institutions,
except as may be prohibited by general
criteria or by a restriction on investment in a
specific security adopted pursuant to this
subsection.
3. Not more than five per cent of all of the
funds combined at cost may be
invested in equity securities issued by the
same institution, agency or corporation, other
than securities issued as direct obligations
of and fully guaranteed by the United States
government.
E. In making investments under this section
the state treasurer and trustees shall
exercise the judgment and care under the
prevailing circumstances that an institutional
investor of ordinary prudence, discretion and
intelligence exercises in managing large
investments entrusted to it, not in regard to
speculation, but in regard to the permanent
disposition of monies, considering the
probable safety of capital as well as the probable
total rate of return over extended periods of
time.
F. The earnings, interest, dividends and
realized capital gains and losses from
investment of a permanent fund, shall be
credited to that fund.
G. The board of investment shall determine the
amount of the annual
distributions required by this section and
allocate distributions pursuant to
law. Beginning July 1, 2000 and except as
otherwise provided in this section, the
amount of the annual distribution from a
permanent fund established pursuant to this
section is the amount determined by
multiplying the following factors:
1. The average of the annual total rate of
return for the immediately preceding
five complete fiscal years less the average of
the annual percentage change in the GDP.72
price deflator, or a successor index, for the
immediately preceding five complete fiscal
years. For purposes of this paragraph:
(a) "Annual total rate of return" means the
quotient obtained by dividing the
amount credited to a fund pursuant to
subsection F for a complete fiscal year, plus
unrealized capital gains and losses, by the
average monthly market value of the fund for
that year.
(b) "GDP price deflator" means the gross
domestic price deflator reported by
the United States department of commerce,
bureau of economic analysis, or its
successor agency.
2. The average of the monthly market values of
the fund for the immediately
preceding five complete fiscal years.
H. Notwithstanding any other provision of this
section, the annual distribution
from the permanent funds for fiscal years
1999-2000 through 2002-2003 shall be as
follows:
1. For fiscal year 1999-2000, the greater of
five per cent of the average of the
monthly market values of the funds for fiscal
years 1994-1995 through 1998-1999 or
the average of actual annual distributions for
fiscal years 1994-1995 through 1998-
1999.
2. For fiscal years 2000-2001 through
2002-2003, the greater of the average
of the actual annual distributions for the
immediately preceding five complete fiscal years
or the amount of the distribution required by
subsection G.
8.
Conformity of contracts with enabling act
Section 8. Every sale, lease, conveyance, or
contract of or concerning any of
the lands granted or confirmed, or the use
thereof or the natural products thereof made
to this state by the said Enabling Act, not
made in substantial conformity with the
provisions thereof, shall be null and void.
9. Sale or
lease; conditions; limitations; lease prior to adoption of
constitution
Section 9. All lands expressly transferred and
confirmed to the state, by the
provisions of the Enabling Act approved June
20, 1910, including all lands granted to
the state, and all lands heretofore granted to
the territory of Arizona, and all lands
otherwise acquired by the state, may be sold
or leased by the state in the manner, and
on the conditions, and with the limitations,
prescribed by the said Enabling Act and this
Constitution, and as may be further prescribed
by law; Provided, that the legislature
shall provide for the separate appraisement of
the lands and of the improvements on
school and university lands which have been
held under lease prior to the adoption of
this Constitution, and for reimbursement to
the actual bona fide residents or lessees of
such lands upon which such improvements are
situated, as prescribed by title 65, Civil
Code of Arizona, 1901, and in such cases only
as permit reimbursements to lessees in
said title 65..73
10 Laws for
sale or lease of state lands; protection of residents and
lessees
Section 10. The legislature shall provide by
proper laws for the sale of all state
lands or the lease of such lands, and shall
further provide by said laws for the protection
of the actual bona fide residents and lessees
of said lands, whereby such residents and
lessees of said lands shall be protected in
their rights to their improvements (including
water rights) in such manner that in case of
lease to other parties the former lessee shall
be paid by the succeeding lessee the value of
such improvements and rights and actual
bona fide residents and lessees shall have
preference to a renewal of their leases at a
reassessed rental to be fixed as provided by
law.
11 Maximum
acreage allowed single purchaser
Section 11. No individual, corporation or
association shall be allowed to
purchase more than one hundred sixty (160)
acres of agricultural land or more than six
hundred forty (640) acres of grazing land.
Article 11 - EDUCATION
1. Public
school system; education of pupils who are hearing and vision
impaired
Section 1. A. The legislature shall enact such
laws as shall provide for the
establishment and maintenance of a general and
uniform public school system, which
system shall include:
1. Kindergarten schools.
2. Common schools.
3. High schools.
4. Normal schools.
5. Industrial schools.
6. Universities, which shall include an
agricultural college, a school of mines,
and such other technical schools as may be
essential, until such time as it may be
deemed advisable to establish separate state
institutions of such character.
B. The legislature shall also enact such laws
as shall provide for the education
and care of pupils who are hearing and vision
impaired.
2. Conduct
and supervision of school system
Section 2. The general conduct and supervision
of the public school system
shall be vested in a state board of education,
a state superintendent of public instruction,.74
county school superintendents, and such
governing boards for the state institutions as
may be provided by law.
3. State
board of education; composition; powers and duties;
compensation
Section 3. The state board of education shall
be composed of the following
members: the superintendent of public
instruction, the president of a state university or a
state college, three lay members, a member of
the state junior college board, a
superintendent of a high school district, a
classroom teacher and a county school
superintendent. Each member, other than the
superintendent of public instruction, to be
appointed by the governor with the consent of
the senate in the manner prescribed by
law. The powers, duties, compensation and
expenses, and the terms of office of the
board shall be such as may be prescribed by
law.
4. State
superintendent of public instruction; board membership; powers
and duties
Section 4. The state superintendent of public
instruction shall be a member, and
secretary, of the state board of education,
and, ex-officio, a member of any other board
having control of public instruction in any
state institution. His powers and duties shall
be prescribed by law.
5. Regents
of university and other governing boards; appointments by
governor; membership of governor on board of
regents
Section 5. The regents of the university, and
the governing boards of other state
educational institutions, shall be appointed
by the governor with the consent of the
senate in the manner prescribed by law, except
that the governor shall be, ex-officio, a
| 
