xt7vmc8rfv55 https://exploreuk.uky.edu/dips/xt7vmc8rfv55/data/mets.xml Arizona United States. Works Progress Administration Lowe, Robert C.(Robert Chapin), 1907- Lander, David S. 1937 12 p.; 27 cm. UK holds archival copy for ASERL Collaborative Federal Depository Program libraries. Call Number Y 3. W 89/2:36/Ar 4i books English Washington DC: Works Progress Administration This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. Arizona Works Progress Administration Publications Public welfare -- Law and legislation -- Arizona Social workers -- Legal status, laws, etc. -- Arizona Constitutional law -- Arizona Analysis of Constitutional Provisions Affecting Public Welfare in the State of Arizona text Analysis of Constitutional Provisions Affecting Public Welfare in the State of Arizona 1937 1937 2019 true xt7vmc8rfv55 section xt7vmc8rfv55 -- If“ f . , )A ~ ‘7 I‘
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I.§ I W O R K S P R O G R E S S A D M I N | S T R A T I O N I
HARRY L. HOPKINS, ADMINISTRATOR é
' CORRINGTON GILL, ASSISTANT ADMINISTRATOR j
HOWARD B. MYERS, DIRECTOR f
‘ 2 DIVISION OF SOCIAL RESEARCH 1
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j 3
3 ANALYSIS OF CONSTITUTIONAL PROVISIONS
I AFFECTING PUBLIC WELFARE IN THE STATE OF
) ARIZONA
‘75 .
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I LIBRARIEQ ~’ I
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i \ MARCH 15, 1957
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MEGAZENES BOUND .
By w. P. A. j .
‘~§‘_
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A8823 1948: '
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PREPARED BY 1
ROBERT C. LOWE AND DAVID S. LANDER
LEGAL RESEARCH SECTION
UNDER THE SUPERVISION OF
A. Ross ECKLER, COORDINATOR OF SPECIAL INQUIRIES .1,
DIVISION OF SOCIAL RESEARCH
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i PREFACE f
i This bulletin is one of a series presenting

,_ § : State constitutional provisions affecting public wel—

‘ f fare, prepared to supplement the State by State digests

3 of public welfare laws so as to provide in abstract
' , form the basis for the public welfare services of the

‘ 1 several States.

3 , The provisions quoted are those concerned

I 3 directly with public welfare administration and such

_., l - others as may substantially affect a public welfare
‘ program, even though only indirectly related. It would

be impossible to consider within the limits of this

' .9 I study every remotely connected constitutional provi-

\ ‘ sion. The indirectly related provisions included,

) 0-1 therefore, have been restricted to those concerning

If ': finance, legislation, and the methods of constitutional

‘ :‘ amendment.
j An attempt has been made, by acareful selec—

"v . tion of the most recent cases decided by the highest

1‘ 1 courts of the States, to indicate wherever possible how
i these provisions have been construed. These cases are

-_ 5 ‘1 included in footnotes appended to the constitutional

i \' provisions shown.

.5.

i It is hoped that these abstracts will be

?: f useful to those interestedin public welfare questions

in indicatinghow State and local public welfare admin-

é. ' istration may be affectedby constitutional powers and

1,3" limitations.

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CONTENTS 1
3
‘ Page i
‘ Incidence of Responsibility for Welfare Program.................. 1
7 t Financial Powers and Limitations................................. 1
i \ Taxation and Assessments.................................... 1 3
’. Exemptions 4 l
‘, Borrowing and Use of Credit 5 3
Other Income 7 l
“g Appropriations and Expenditures............................. 8 .
; Provisions Affecting Legislation...............................a.. 8
fi' Constitutional Amendment or Revision............................. 11 1
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Ari/fix.

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Arizona :
ANALYSIS OF CONSTITUTIONAL PROVISIONS AFFECTING II
WELFARE IN THE STATE OF ARIZONA1 » 1
I. Incidence of Responsibility for Welfare Program - ‘
A. Reformatory and penal institutions and institutions for the . I
benefit of the insane, blind, deaf, and mute, and such other institutions ?
as the public good may require, shall be established and supported by the
State in such manner as may be prescribed by law.2 1
VB. * * * The legislature shall also enact such laws as :1
shall provide for the education and care of the deaf, dumb, and blind.3
. C. It shall be unlawful to confine any minor under the age of
eighteen years, accused or convicted of crime, in the same section of any L»!
Jail or prison in which adult prisoners are confined. Suitable quarters ||
shall be prepared for-the confinement of such minors.4 ‘i
I)
D. No child under the age of 14years shall be employed in any I
. gainful occupation at any time during the hours in which the public schools I
; of the district in which the child resides are in session; nor shall any 1!
child under 16 years of age be employed underground in mines, or in any 3!
occupation injurious to health or morals or hazardous to life or limb;
nor in any occupation at night, or for more than eight hours in any day.5 I
II. Financial Powers and Limitations 1"
A. Taxation and Assessments
(1) State 1’
‘ i
(a) The power of taxation shall never be surrendered, I}
suspended, or contracted away. All taxes shall be uniform upon the same 1
class of property within the territorial limits of the authority levying
1Constitution (adopted 1911), as officially published by the State of Arizona and cer-
tified to by the Secretary of State (State Document No. 1423); with all amendments to
March 15, 1937.
"The provisions of this constitution are mandatory, unless by express words they
are declared to be otherwise." Constitution, Art. II, Sec. 32.
. 2Constitution, Art. XXII, Sec. 15. 1
5Constitution, Art. XI, Sec. 1. I
- 4Constitution, Art. XXII, Sec. 16. I
sconstitution, Art. XVIII, Sec. 2. '
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2 Arizona I‘

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I[. Financial Powers and Limitations—Continued .-

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A. Taxation and Assessments—Continued
(1) State—Continued

the tax, and shall be levied and collected for public purposes only.6 2 a

(b) The lawmaking power shall have authority to pro—
vide for the levy and collection of license, franchise, gross revenue, ‘ a
excise, income, collateral and direct inheritance, legacy, and succession
taxes; also graduated income taxes, graduated collateral and direct in-
heritance taxes, graduated legacy and succession taxes, stamp, registration,

. . . 1
production, or other spe01f1c taxes.7 1,

(c) The legislature shall provide bylaw for an annual ’ ‘ 3
tax sufficient, with other sources of revenue, to defray the necessary (
ordinary expenses of the State for each fiscal year. And for the purpose 6
of paying the State debt, if there be any, the legislature shall provide
for the levying of an annual tax sufficient to pay the annual interest .
and the principal of such debt within 25 years from the final passage of . _ ,3
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 ‘ a
6Constitution, Art. IX, Sec. 1.

"The power of the Legislature over taxation under the Constitution of Arizona is v) 9
almost plenary. It is limited only by the requirement of uniformity, found in section "
1, article 9. [this sea] of the Constitution, the provisions in regard to exemp— ‘
tions found in section 2. article 9, [see p. 4, par. B] and the 'due processI and
'equal protection' provisions of the Federal Constitution." Oglesby vs. Chandler,

288 P. 1034, 1038 (1930). Ii

The uniformity requirement of this section applies to property taxes only, and
not to excise taxes. Excise taxes include every form of taxation whichis not a burden ‘
laid directly on property. Gila Meat Companyvs. State, 35 Ariz. 194, 276 P. 1 (1929); . .9.
Morris vs. State, 40 Ariz. 52, 9 P. (2d) 404 (1952). ‘

Property taxes may be classified provided the tax is uniform on all members or ,
the same class, and provided the classification is reasonable and not arbitrary. A ‘
statute for purposes of taxation, which classified tangibles and intangibles, and ‘,
further divided intangibles into classes, imposing a different rate on each class, "
was held reasonable and therefore valid. State Tax Commission vs. Shattuck, 44 Ariz. i
379, 38 P. (2d) 631 (1954). ‘

"The question of what is a public purpose is a changing question, changing to 3 i 5
suit industrial inventions and developments, and to meet new social conditionsd,‘ The
existence of an element of business for profit is not conclusive that a proposed ac-
tivity is not for a public purpose, provided that the primary object of the work is 1
for the general good of all the inhabitants of the governmental unit. The construction ’
of a municipal ice plant for the purpose of manufacturing ice for the inhabitants of
a city was held to be a "public purpose" and the city was held authorized to issue ,
bonds payable out of municipal taxes for its construction. City of Tombstone vs. E
Macia, 50 Ariz. 218, 24.5 P. 677 (1926). 9 f g

"The State of Arizona and each municipal corporation within the State of Arizona . ’
shall have the right to engage in industrial pursuits." Constitution, Art. II, Sec. {

54, adopted 1912. i;

The above section has been held to mean that a municipality may engage in any '
type of industrial pursuit. Crandall vs. Town of Safford, 56 F. (2d) 660 (1936). § ‘ @
7Constitution, Art. IX, Sec. 12. 4 ”

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,- II. Financial Powers and Limitations—Continued .
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A. Taxation and Assessments—Continued 3
(1) State—Continued
the tax, to which object only it shall be applied.8 ’1‘ ’5
(d) Every law which imposes, continues, or revives a
t G . . . . .
tax shall distinctly state the tax and the obJects for Wthh it shall be
applied; and it shall not be sufficient to refer to any other law to fix
I 6 such tax or object.9
(e) ‘1‘ 2" "‘ Whenever the expenses of any fiscal year
shall exceed the income, the legislature may provide for levying a tax
I for the ensuing fiscal year sufficient, with other sources of income, to
I . . . . .
pay the deficiency, as well as the estimated expenses of the ensu1ng fiscal
f ‘ a year.10
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(f) The manner, method and mode of assessing, equal-
‘ izing and levying taxes in the State of Arizona shall be such as may be
prescribed by law.11
(2) Counties
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' No provisions.
i a (3) Other Local Units
(a) Incorporated cities, towns, and villages may be
vested by law with power to make local improvements by special assessments
93' ‘3‘ or by special taxation of property benefited. For all corporate purposes,
‘ all municipal corporations may be vested with authority to assess and
e. collect taxes.”
I: ————
, 8Constitution, Art. IX, Sec. 5. '3
The provision of. this section that every law imposing a tax shall state the ob- '
U ‘ 34 fleet of the tax has been held to apply only to property taxes, and not to other forms i
J of taxation. City 01' Glendale Vs. Betty, 43 R. (2d) 206 (1935). P
11 9Constitution, Art. IX, Sec. 9.
‘9 This section has been held to apply only to property taxes, and not to other
" forms of taxation. City 01’ Glendale vs. Betty, 43 F. (2d) 206 (1955).
‘ 10Constitution, Art. IX, Sec. 4.
3 , 5 11Constitution, Art. IX, Sec. 11, as amended 1912. ,t
1ECOnstitution, Art. IX, Sec. 6. I
Under this section the power of cities to assess taxes must be conferred by I
I, legislative act. Where the Legislature had conferred authority, it was held that a
city could impose an occupation tax on the privilege of doing business with rates
graduated according to the volume or sales. City of Glendale vs. Betty, 43 F. (2d) I;
g 206 (1935). I
j 9 Generally speaking, the only limitations upon the exercise of the power of spe- I
9 ¢ v cial assessment are that the improvement must be public inits nature, andmust confer |
. > a special benefit upon the property assessed. Special assessments, for the purpose
‘1 of constructing anunderground conduitior electric wires previously carried on poles
I above ground, were held valid, because such construction was a "public improvement"
\ and benefited the adjoining property. Irish vs. Hahn, 281 P. 585 (1929). I
p @ Special assessments must be approved by a vote of the real property taxpayers. I
' See p. 7, par. (b). '
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4 Arizona !
II. Financial Powers and Limitations—Continued
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A. Taxation and Assessments—Continued
(3) Other Local Units—Continued
(b) Any city containing, now or hereafter, a population
of more than 3,500 may frame a charter for its own government consistent
. . . . . l a
w1th, and subJect to, the constitution and the laws of the State, in the
following manner:13 ’3‘ * *.
B. Exemptions o °
That there shall be exempt from taxation all Federal, State, '
county, and municipal property. Property of educational, charitable, and
religious associations or institutions not used or held for profit may ;'
be exempt from taxation by law. Public debt, as evidenced by the bonds E
. . . . . . . . . . i e
of Arizona, its counties, mun1c1palit1es, or other subdiv151ons, shall ‘
also be exempt from taxation. There shall be further exempt from taxation ‘
the property of widows, honorably discharged soldiers, sailors, United
States Marines, members of revenue marine service, and army nurses, 'res— ~,
idents of this state, not exceeding the amount of two thousand dollars, 3
where the total assessment of such widow and such other persons named O .6 .9
herein does not exceed five thousand dollars; provided, that no such ex— ‘
emption shall be made for such persons other than widows unless they shall ‘ i i
have served at least sixty days in the military or naval service of the l
United States during time of war, and shall have been residents of this E
State prior to January 1, 1927. All property in the State not exempt a g e
under the laws of the United States or under this constitution, or exempt i
by law under the provisions of this section shall be subject to taxa— :
tion to be ascertained as provided by law. This section shall be self— i
executing. 14 I)
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1:I’Constitution, Art. XIII, Sec. 2. >
This section also provides for the procedure of adopting and amending such ‘,
charter. Ibid. f‘
The charter or charter amendments, before becoming effective, must be approved ‘
by a majority or the qualified electors of the city. Ibid. p
In matters or purely "municipal concern" legislation adopted by a charter city "
will prevail over State legislation conflicting therewith. In matters of "statewide 9 -.
concern," however, State statutes will prevail over local legislation. Regulation ' ‘
or drivers of motor vehicles under the influence of alcohol was held to be a matter
or I'statewide concern." Clayton vs. State, 38 Ariz. 155, 297 F. 1057 (1931). .1
Statutes, which set minimum wages and maximum hours on all public work done by
the State oranyor its subdivisions. were held to be a. matter of "statewide concern"
and so were controlling in cities operating under a charter form of government.
State v3. Jaastad, 43 Ariz. 458, 52 F. (2d) '799 (1934). .
“Constitution, Art. IX, Sec. 2, as amended 1928. ‘9 , C
'The power of the Legislature over taxation under the Constitution of Arizona i
is almost plenary. It is limited only b the requirement of uniformity, found in i
section 1, article 9, [see p. 1, par. (a)j of the Co stitution the provisions in 5
regard to exemptions found in section 2, article 9 Ethis secj and the 'due pro— ,
cess' and 'equal protection' provisions or the Federal Constitution." Oglesby vs. ‘ 1 1
Chandler, 288 P. 1034, 1038 (1930). , ‘ ,1
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II. Financial Powers and Limitations-—Continued
D G ,
C. Borrowing and Use of Credit
(1) State
(a) The State may contract debts to supply the casual
l e . . . . "
def1c1ts or failures in revenues, or to meet expenses not otherwise pro-
vided for; but the aggregate amount of such debts, direct and contingent,
g 6, whether contracted by virtue of one or more laws, orat different periods
of time, shall never exceed the sum of $350,000; 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.
[
L
i s , In addition to the above limited power to contract
1 debts, the State may borrow money to repel invasion, suppress insurrection,
ordefend 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
3' authorized or to the repayment of the debt thereby created.15 '1" * *-
o e “—
g .
[ The Legislature cannot grant tax exemptions other thmithose enumerated in this
’ ‘ 6 section. The provision in the intangible property tax act exempting all intangibles
l of individuals owned, held, or used exclusively for charitable, humanitarian, benev-
I olent, scientific, educational, or religious purposes was held unconstitutional
I because this section "subjects all property in the state to taxation, with certain
I exceptions which do not extend to property of individuals used for charity, etc."
v) 3 as State Tax Commission vs. Shattuck, 44 Ariz. 3'79, 38 F. (2d) 631 (1934).
i The provision of this section in regard to soldiers is mandatory and self-
executing. It was held that if a former soldier came within the terms of this section
_-, that the Legislature could not take away his exemption, but that the Legislature
. could prescribe the procedure for claiming the exemption. Calhoun vs. Flynn, 3'7 ,
=1 Ariz. 62, 289 P. 157 (1930). s;
) As to the provision 'property of educational, charitable and religious associ-g (
I ations or institutions not used or held for profit may be exempt from taxation by '
. l 3, law, ' ithas been held that the Legislature cannot give more, but may give much less than
i" the exemption permitted by the Constitution. A Masonic temple was held not entitled '
> to tax exemption as a "charitable institution" under the terms of the statute, even i
‘, though it might be within the meaning of the Constitution. Conrad vs. Maricopa
f? County, 40 Ariz. 390, 12 P. (2d) 613 (1932).
‘ Whether or not a profit was in reality derived from the business conducted in
p a Clinic was held beside the question; the test being whether or not the buildings
" and equipment were being used in an effort to derive a profit. A building used as
9 .1 a clinic where offices were rented to physicians who did some charity work and other
‘ ‘ pay work was held not exempt from taxation. Lois Grunow Memorial Clinic vs. Oglesby, I
22 P. (2d) 1076 (1933). ;
'1 15Constitution, Art. IX, Sec. 5. _ t
. Bonds which were to be issued by the University of Arizona to a Federal agency 3
to be used to improve and enlarge its plant, and which were to be an obligation or I
the University only and not an obligation of the State, were held not to be a |'debt" {
, within the meaning of this section. The court said that since these bonds were not i
«a 5 an obligation of the State they could not be considered a "debt," and that the fact 1
1, that the University might use part of its ordinary revenue to pay off these bonds ’
r and consequently be in need of additional appropriations for operating expenses did
} not affect the result. Board of Regents of University of Arizona vs. Sullivan, 42
1‘ P. (2d) 619 (1935). ‘2
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6 Arizona ‘[
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II. Financial Powers and Limitations—Continued
-" 0
C. Borrowing and Use of Credit—Continued
(1) State—Continued
(b) 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 r a
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.16 .
(2) Counties and Other Local Units . ‘
(a) No county, city, town, school district, or other
municipal corporation shall for any purpose become indebted in any manner r , g
to an amount exceeding four per centum of the taxable property in such 1
county, city, town, school district, or other municipal corporation, with— 5
out the assent of a majority of the property taxpayers, who must also in ,
all respects be qualified electors, therein voting at an election provided 5
by law to be held for that purpose, the value of the taxable property
. f, g
therein to be ascertained by the last assessment for State and county ‘
purposes, previous to incurring such indebtedness; except, that in incor— ,’
I
POrated cities and towns assessments shall be taken from the last assess— ‘ ‘ f5
ment for city or town purposes; "Provided, that under no circumstances
shall any county or school district become indebted to an amount exceeding
ten per centum of such taxable property, as shown by the last assessment a g»
roll thereof; and provided, further, that any incorporated city or town, 1
with such assent, may be allowed to become indebted to a larger amount,
but not exceeding fifteen per centum additional, for supplying such city
or town with water, artificial light, or sewers, when the works for sup— »\
plying such water, light or sewers are or shall be owned and controlled "

,n
by the municipality."17 ' ‘ ‘
16 '3

Constitution, Art. IX, Sec. '7.

This section "prevents the state from becoming a subscriber to a charitable 5
object, either alone or with others; that is, from appropriating its funds to an in- ‘
dividual, association, or corporation for a cause having no claim upon the state
other than its admitted worthiness, but it does not prevent the recognition of moral g ._ g
obligations founded on Justice and equity. * * *." It was held not to prevent
the State from paying a life pension to an employee injured in the course or State
employment as this was a moral obligation. Fairrield vs. Huntington, 23 Ariz. 528,

205 P. 814 (1922). j

An irrigation district was held not to be a "subdivision or the State" within 1
the meaning of this section and so was not prohibited from owning stock in a corpora- 1
tion. Day vs. Buckeye Water Conservation and Drainage District, 28 Ariz. 466, 237 i
P. 636 (1925)-; Maricopa County Municipal Water Conservation District No.1 vs. ,3 ' .
LaPrade, 46 Ariz. 645, 40 F. (2d) 94 (1955). ' ‘

17Const1tution, Art. IX, Sec. 8, as amended 1912. "

Bonds, the proceeds of which were to be used to improve a municipal water and 11
sewer system, payable solely out or the revenues or the utility, and which were not .

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II. Financial Powers and Limitations—Continued 1
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C. Borrowing and Use of Credit—Continued ’
(2) Counties and Other Local Units—Continued 3 I
(b) Questions upon bond issues or special assessments ‘2 3‘:
shall be submitted to the vote of real property tax payers, who shall
n as also in all respects be qualified electors of this state, and of the po—
litical subdivisions thereof affected by such question.18 .‘j
1 i
r a. D. Other Income ~ 1
(1) All lands expressly transferred and confirmed to the "‘
1 State by the provisions of the enabling act approved June 20, 1910, in-
; eluding all lands granted to the State and all lands heretofore granted .
to the Territory of Arizona, and all lands otherwise acquiredby the State,
r a shall be by the State accepted and held in trust to be disposed of in E
j “ whole or in part, only in the manner as in the said enabling act and in 4
; this constitution provided, and for the several objects specified in the .
respective granting and confirmtitory provisions. The natural products i
, and money proceeds of any of said lands shall be subject to the same i
" trusts as the lands producing the same.19 !
F 5 (2) A permanent State school fund for the use of the common ‘
3 schools shall be derived from the sale of public—school lands or other i
.1 .
s I K; public lands specified in the enabling act approved June 20, 1910; from ’1
all estates or distributive shares of estates that may escheat to the 1
State; from all unclaimed shares and dividends of any corporation incor-
a g. porated under the laws of Arizona; and from all gifts, devises, or bequests ‘
.1 made to the State for general educational purposes. ,
The income derived from the investment of the permanent
State school fund, and from the rental derived from school lands, with f
‘1 general obligations or the city, were held not to constitute a |'debt" within the {
' a meaning or this section. The court stated that since these bonds were payable only .,
‘ ‘ out of the revenues or the plant and were not payable out or general taxation they ’
._ were not the Kind of indebtedness intended to be covered by this section. Guthrie I
v vs. City of Mesa, 56 F. (2d) 655 (1936). ' l
Likewise bonds to be used to purchase a municipal water plant payable solely
if out or the revenues or the plant were held not to constitute a 'debt' within the
-, meaning or this section. Crandall vs. Town of Sarrord, 56 P. (2d) 660 (1956). .
An irrigation district was held not to be a "municipal corporation' within the .
p " meaning or this section and so the limitations upon borrowing contained in this sec-
" 2 3 tion did not apply to such districts. Ramirez vs. Electrical District No. 4, Final .
County, 37 Ariz. 560. 294 P. 614 (1950); naricopa County Municipal Water Conservation ,
District No. 1 Vs. LaPrade, 46 Ariz. 64-3, 40 P. (2d) 94 (1935). g
Indebtedness for water, light, and sewer purposes was held to be in a separate ‘;
1 class from that for any other purpose, and in determining the total amount or in- 3
i debtedness allowed,the two classes must be considered separately. Buntman vs. City “
g of Phoenix, 32 Ariz. 18, 255 P. 490 (1927). ’
l
,3 ' 0 18Constitution, Art. v11. Sec. 13, as amended 19:50. ,
’ “ This section was held to supersede previously enacted constitutional provisions
[t relating to persons qualified to vote on questions or bond issues. Allison vs. City
I of Phoenix, 44 Ariz. 66, 35 P. (2d) 927 (1954).
A 19Constitution. Art. X, Sec. 1. I ‘
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1 8 Arizona 1“
II. Financial Powers and Limitations—Continued II
1 t .1 "
D. Other Income—Continued ‘ 1
such other funds as may be provided by law shall be apportioned annually 11}
to the various counties of the State in proportion to the numberof pupils 11‘.
of school age residing therein.20 1
E. Appropriations and Expenditures ’ 1 ‘q
(1) * * * No money shall be'paid out of the State treasury
except in the manner provided by law.‘a1 I“ so
(2) No tax shall be laid or appropriation of public money 1
made in aid of any church or private or sectarian school or any public—
service corporation.22 i1
‘ 1
III. Provisions Affecting Legislation v f g
A. Regular Sessions of Legislature 1
The sessions of the legislature shallbe held biennially at
the capitol of the State, and except as to the first session thereof shall
commence on the second Monday of January next after the election of mem— 1— | q
bers of the legislature.25 * * * 1 '
i.
B. Special Sessions of Legislature w 1‘ a
* * * The governor may call a special session whenever i
in his judgment, it is advisable. In calling such special session the 1
governor shall specify the subjects to be considered at such session, and .~_ ‘ E:
at such session no laws shall be enacted except such as' relate to the
subjects mentioned in such call.24
C. Initiative and Referendum
(1) The legislative authorityof‘ the State shall be vested 1
in a legislature, consisting of a senate and a house of representatives, ‘1 :
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
2°Constitution, Art. XI, Sec. 8. A -
alconstitution, Art. IX, Sec. 5.
An appropriation need not be made in any particular form or words nor in express
terms so long as there is a clear expression or the legislative will on the subject,
but Where an appropriation is made out or the general fund it must be specific as to ‘
the maximum amount. Crane vs. Frohmiller, 45 P. (2d) 955 (1935).
' zzconstitution. Art. IX, Sec. 10.
ZSConstitution, Art. IV, Part 2, Sec. 3. ' .. 9
24Constitution, Art. IV, Part 2. Sec. 5.
This provision was held mandatory. and unless a law passed at a special session
was related to some subject named in the Governor's call, the Legislature was with— '
out power to pass it. McClintock vs. City of Phoenix, 24 Ariz. 155, 207 P. 611 (1922). p

 ’ if.
. 1‘,“ a
I
.‘ Arizona 9
E ill. Provisions Affecting Legislation—~Continued
. I ~
I
j C. Initiative and Referendum——Continued
4 own option, the power to approve or reject at the polls any‘act,or‘item,
a section, or part of any act, of the legislature.25
j (2) The powers of the initiative and the referendum are
r § 5 hereby' further reserved to the qualified electors of every incorporated
‘ city, town, and county as to all local, city, town, or county matters on
r 1 ~ which such incorporated cities, towns, and counties are or shall be em— -
, ‘ powered by general laws to legislate. Such incorporated' cities, towns,
7 and counties may prescribe the manner of exercising said powers within
1 the restrictions of general laws. Under the power of the initiative 15
F per cent of the qualified electors may propose measures on such local,
\
g city, town, or county matters, and 10 per cent of the electors may pro—
“ 9 pose the referendum on legislation enacted within and by such c1ty,town,
‘ or county. Until provided by general law, said cities and towns may pre—
I scribe the basis on which said percentages shall be computed.26
1 D. Legislative Enactment
I ’ (1) * * * to allow opportunity for referendum.petitions
i“ . .
§ no act passedby the legislature shall be operative for 90 days after the
g, /fi\ close of the session ofthe legislature enacting such measure,except such
9 .
F ‘ 6 as require earlier operation to preserve the public peace, health, or
\'
J - safety, or to provide appropriations for the support and. maintenance of
L the departments of State and of State institutions: Provided, That no
q ' g . such emergency measure shall be considered passed by the legislature
unless it shall state in a separate section why it is necessary that it
shallbecome immediately operativeand shall be approvedby the affirmative
votes of two-thirds of the members elected to each house of the legisla—
. ture, taken by’ roll call of ayes and. nays, and also approved by the
25. '
Constitution. Art. IV, Sec. 1 (1).
Ten percent of, the electors have the right _ to propose a measure, and fifteen
percent a constitutional amendment. Ibid., Sec. 1 (2).
The Legislature, or 5 percent of the electors. may order a referendum on any
measure or part of a measure, "except laws immediately necessaryi‘or the preservation
A - of the public peace, health or safety, or for the support and maintenance or the
' departments of the State Government and State Institutions." Ibid., Sec. 1 (5). 3
'The veto power of the Governor shall not extend to initiative or referendum
measures. Ibid., Sec; 1 (6). ' ‘ . ‘
. Other parts or the section provide for procedure of the initiative and refer- .
endum- Ibldu SeC- 1 (4). (5). (7). (9). (10), (11). (12). (13). (14). and(15)- 1
The exception from the referendum of all laws "immediately necessary for the
preservation of the public peace, health or safety, or for the supportand maintenance 3
‘ of the departments of the State Government and State Institutions" was held not.to ‘
‘ 3' mean all laws referring to these subjects but rather to all such laws which were I
"immediately necessary.“ A statute, creating a department to conduct a State tax 1
survey and appropriating money therefor, was held subject to the referendum. Warner I
vs. White, 59 Ariz. 205, 4 P. (2d) 1000 (1931). 1
p 6 26Constitution, Art. IV, Sec. 1 (8). ‘3
j , i
< s
l
1
I

 W,“vv~*~r‘~~r——w "‘2”. "-l ~~ Aw u~~ffi~~~~~m~ .* < 7» ,
J . . ., K9” . i1
9 11' g
10 Arizona
0 1- C
III. Provisions Affecting legislation—Continued ..
C 1 a
D. Legislative Enactment—-Continued ..
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 i
of the members elected to each house of the legislature, taken by roll
27
call of ayes and nays. o a
(2) Everybill shall be readby sections on three different .
days, unless in case of emergency, two-thirds of either house deem it 6 e
expedient to dispense with this rule; but the reading of a bill by se