Arizona Constitution
Introduction
PREAMBLE
State Boundaries
Art. I §1 | DESIGNATION OF BOUNDARIES
Art. I §2 | ALTERATION OF STATE BOUNDARIES
Declaration of Rights
Art. II §1 | FUNDAMENTAL PRINCIPLES; RECURRENCE TO
Art. II §2 | POLITICAL POWER; PURPOSE OF GOVERNMENT
Art. II §3 | SUPREME LAW OF THE LAND; AUTHORITY TO EXERCISE SOVEREIGN AUTHORITY AGAINST FEDERAL ACTION; USE OF GOVERNMENT PERSONNEL AND FINANCIAL RESOURCES
B. To protect the people's freedom and to preserve the checks and balances of the United States Constitution, this state may exercise its sovereign authority to restrict the actions of its personnel and the use of its financial resources to purposes that are consistent with the constitution by doing any of the following:
2. Passing a bill pursuant to article IV, part 2 and article V, section 7.
3. Pursuing any other available legal remedy.
Art. II §4 | DUE PROCESS OF LAW
Art. II §5 | RIGHT OF PETITION AND OF ASSEMBLY
Art. II §6 | FREEDOM OF SPEECH AND PRESS
Art. II §7 | OATHS AND AFFIRMATIONS
Art. II §8 | RIGHT TO PRIVACY
Art. II §9 | IRREVOCABLE GRANTS OF PRIVILEGES, FRANCHISES OR IMMUNITIES
Art. II §10 | SELF-INCRIMINATION; DOUBLE JEOPARDY
Art. II §11 | ADMINISTRATION OF JUSTICE
Art. II §12 | LIBERTY OF CONSCIENCE; APPROPRIATIONS FOR RELIGIOUS PURPOSES PROHIBITED; RELIGIOUS FREEDOM
Art. II §13 | EQUAL PRIVILEGES AND IMMUNITIES
Art. II §14 | HABEAS CORPUS
Art. II §15 | EXCESSIVE BAIL; CRUEL AND UNUSUAL PUNISHMENT
Art. II §16 | CORRUPTION OF BLOOD; FORFEITURE OF ESTATE
Art. II §17 | EMINENT DOMAIN; JUST COMPENSATION FOR PRIVATE PROPERTY TAKEN; PUBLIC USE AS JUDICIAL QUESTION
Art. II §18 | IMPRISONMENT FOR DEBT
Art. II §19 | BRIBERY OR ILLEGAL REBATING; WITNESSES; SELF-INCRIMINATION NO DEFENSE
Art. II §20 | MILITARY POWER SUBORDINATE TO CIVIL POWER
Art. II §21 | FREE AND EQUAL ELECTIONS
Art. II §22 | BAILABLE OFFENSES
2. For 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. For 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.
4. For serious felony offenses as prescribed by the legislature if the person charged has entered or remained in the United States illegally and if the proof is evident or the presumption great as to the present charge.
2. Protecting against the intimidation of witnesses.
3. Protecting the safety of the victim, any other person or the community.
Art. II §23 | TRIAL BY JURY; NUMBER OF JURORS SPECIFIED BY LAW
Art. II §24 | RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS
Art. II §25 | BILLS OF ATTAINDER; EX POST FACTO LAWS; IMPAIRMENT OF CONTRACT OBLIGATIONS
Art. II §26 | BEARING ARMS
Art. II §27 | STANDING ARMY; QUARTERING SOLDIERS
Art. II §28 | TREASON
Art. II §29 | HEREDITARY EMOLUMENTS, PRIVILEGES OR POWERS; PERPETUITIES OR ENTAILMENTS
Art. II §30 | INDICTMENT OR INFORMATION; PRELIMINARY EXAMINATION
Art. II §31 | DAMAGES FOR DEATH OR PERSONAL INJURIES
Art. II §32 | CONSTITUTIONAL PROVISIONS MANDATORY
Art. II §33 | RESERVATION OF RIGHTS
Art. II §34 | INDUSTRIAL PURSUITS BY STATE AND MUNICIPAL CORPORATIONS
Art. II §35 | ACTIONS BY ILLEGAL ALIENS PROHIBITED
Art. II §36 | PREFERENTIAL TREATMENT OR DISCRIMINATION PROHIBITED; EXCEPTIONS; DEFINITION
B. This section does not:
2. Prohibit action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal monies to this state.
3. Invalidate any court order or consent decree that is in force as of the effective date of this section.
D. This section applies only to actions that are taken after the effective date of this section.
E. This section is self-executing.
F. For the purposes of this section, "state" includes this state, a city, town or county, a public university, including the university of Arizona, Arizona state university and northern Arizona university, a community college district, a school district, a special district or any other political subdivision in this state.
Art. II §37 | RIGHT TO SECRET BALLOT; EMPLOYEE REPRESENTATION
Distribution of Powers
Art. III §0 | DISTRIBUTION OF POWERS
Legislative Department
Art. IV (Part 1) §1 | LEGISLATIVE AUTHORITY; INITIATIVE AND REFERENDUM
(2) Initiative power. The first of these reserved powers is the initiative. Under this power ten percent of the qualified electors shall have the right to propose any measure, and fifteen percent 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 percent 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 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 for an initiative or referendum to approve a tax, shall become law when approved by sixty percent of the votes cast thereon and upon proclamation of the governor, and not otherwise and for all other initiatives and referendums, 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 to approve a tax that is approved by sixty percent of the votes cast thereon or to a referendum measure to approve a tax that is decided by sixty percent of the votes cast thereon and for all other initiatives and referendums, the veto power of the governor shall not extend to initiatives and referendums approved 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 to approve a tax that is approved by sixty percent of the votes cast thereon or to repeal a referendum measure to approve a tax that is decided by sixty percent of the votes cast thereon and for all other initiatives and referendums, the legislature shall not have the power to repeal an initiative measure approved by a majority of the votes cast thereon and shall not have the power 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 to approve a tax that is approved by sixty percent of the votes cast thereon, or to amend a referendum measure to approve a tax that is decided by sixty percent 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. For all other initiatives and referendums, the legislature shall not have the power to amend an initiative measure approved by a majority of the votes cast thereon and shall not have the power 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 that also approves a tax that is approved by sixty percent of the votes cast thereon, or by a referendum measure that also approves a tax that is decided by sixty percent 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. For all other initiatives and referendums, 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 and shall not have the power to appropriate or divert funds created or allocated to a specific purpose 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 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 percent of the qualified electors may propose measures on such local, city, town or county matters, and ten percent 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. Every initiative measure 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 initiative measure which shall not be expressed in the title, such initiative measure shall be void only as to so much thereof as shall not be embraced in the title. 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 is filed, in accordance with this section, with the secretary of state, the secretary of state 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.
(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 to approve a tax as are approved by sixty percent of those voting thereon to be law and for all other measures or amendments, declaring such measures 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 to approve a tax that is approved by sixty percent of the votes cast thereon or any referendum measure to approve a tax that is decided by sixty percent 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. For all other initiatives and referendums, 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 and shall not have the power to adopt any measure that supersedes, in whole or in part, 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.
Art. IV (Part 1) §2 | PENALTY FOR VIOLATION OF INITIATIVE AND REFERENDUM PROVISIONS
Art. IV (Part 2) §1 | SENATE; HOUSE OF REPRESENTATIVES; MEMBERS; SPECIAL SESSION UPON PETITION OF MEMBERS; CONGRESSIONAL AND LEGISLATIVE BOUNDARIES; CITIZEN COMMISSIONS
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 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 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:
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.
(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.
(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.
Art. IV (Part 2) §2 | QUALIFICATIONS OF MEMBERS OF LEGISLATURE
Art. IV (Part 2) §3 | SESSIONS OF LEGISLATURE; SPECIAL SESSIONS; LIMITATION OF SUBJECTS FOR CONSIDERATION
Art. IV (Part 2) §4 | DISQUALIFICATION FOR MEMBERSHIP IN LEGISLATURE
Art. IV (Part 2) §5 | INELIGIBILITY OF MEMBERS OF LEGISLATURE TO OTHER PUBLIC OFFICES
Art. IV (Part 2) §6 | PRIVILEGE FROM ARREST; CIVIL PROCESS
Art. IV (Part 2) §7 | FREEDOM OF DEBATE
Art. IV (Part 2) §8 | ORGANIZATION; OFFICERS; RULES OF PROCEDURE
Art. IV (Part 2) §9 | QUORUM; COMPELLING ATTENDANCE; ADJOURNMENT
Art. IV (Part 2) §10 | JOURNAL OF PROCEEDINGS; ROLL CALL
Art. IV (Part 2) §11 | DISORDERLY BEHAVIOR; EXPULSION OF MEMBERS
Art. IV (Part 2) §12 | PROCEDURE ON BILLS; APPROVAL OR DISAPPROVAL BY GOVERNOR
Art. IV (Part 2) §13 | SUBJECT AND TITLE OF BILLS
Art. IV (Part 2) §14 | LEGISLATION BY REFERENCE PROHIBITED
Art. IV (Part 2) §15 | PASSAGE OF BILLS BY MAJORITY; SIGNING OF BILLS
Art. IV (Part 2) §16 | RIGHT TO PROTEST
Art. IV (Part 2) §17 | EXTRA COMPENSATION PROHIBITED; INCREASE OR DECREASE OF COMPENSATION DURING TERM OF OFFICE
Art. IV (Part 2) §18 | SUITS AGAINST STATE
Art. IV (Part 2) §19 | LOCAL OR SPECIAL LAWS
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.
Art. IV (Part 2) §20 | APPROPRIATION BILLS
Art. IV (Part 2) §21 | TERM LIMITS OF MEMBERS OF STATE LEGISLATURE
Art. IV (Part 2) §22 | JUVENILE JUSTICE; CERTAIN CHRONIC AND VIOLENT JUVENILE OFFENDERS PROSECUTED AS ADULTS; COMMUNITY ALTERNATIVES FOR CERTAIN JUVENILE OFFENDERS; PUBLIC PROCEEDINGS AND RECORDS
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.
Art. IV (Part 2) §23 | PASSES AND PURCHASE OF TRANSPORTATION BY PUBLIC OFFICERS; INAPPLICATION TO NATIONAL GUARD
Art. IV (Part 2) §24 | ENACTING CLAUSE OF BILLS; INITIATIVE BILLS
"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."
Art. IV (Part 2) §25 | CONTINUITY OF GOVERNMENTAL OPERATIONS IN EMERGENCY
2. Adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations.
Executive Department
Art. V §1 | EXECUTIVE DEPARTMENT; STATE OFFICERS; TERMS; ELECTION; RESIDENCE AND OFFICE AT SEAT OF GOVERNMENT; DUTIES
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. Not later than sixty days before the general election unless the legislature prescribes otherwise by statute, each nominee for the office of governor shall name a lieutenant governor nominee and shall run on a ticket as a joint candidate in the general election with that nominee for the office of lieutenant governor. The name of the nominee for lieutenant governor shall appear on the ballot with or below the name of the joint nominee for governor in a manner that indicates they are running on a ticket as joint candidates. At the general election, a single vote for a nominee for governor shall constitute a vote for that nominee's ticket, including the nominee for lieutenant governor. For any winning candidate for governor at the general election, that winning candidate's joint candidate for lieutenant governor is the winning candidate for lieutenant governor.
D. 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.
Art. V §1 {Version 1} | TERM LIMITS ON EXECUTIVE DEPARTMENT AND STATE OFFICERS; TERM LENGTHS; ELECTION; RESIDENCE AND OFFICE AT SEAT OF GOVERNMENT; DUTIES
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.
Art. V §2 | ELIGIBILITY TO STATE OFFICES
Art. V §3 | GOVERNOR, COMMANDER-IN-CHIEF OF THE MILITARY FORCES
Art. V §4 | GOVERNOR; POWERS AND DUTIES; SPECIAL SESSIONS OF LEGISLATURE; MESSAGE AND RECOMMENDATIONS
Art. V §5 | REPRIEVES, COMMUTATIONS AND PARDONS
Art. V §6 | DEATH, RESIGNATION, REMOVAL OR DISABILITY OF GOVERNOR OR LIEUTENANT GOVERNOR; SUCCESSION TO OFFICE; IMPEACHMENT, ABSENCE FROM STATE OR TEMPORARY DISABILITY
B. In the event of the death of the lieutenant governor, or the lieutenant governor's resignation, removal from office or permanent disability to discharge the duties of the office, the governor shall appoint a person to serve as lieutenant governor, subject to approval by a majority vote of the members of each house of the legislature.
C. If a vacancy in the office of governor occurs with or during a vacancy in the office of lieutenant governor, the secretary of state, the attorney general, the state treasurer or the superintendent of public instruction shall, in the order named, succeed to the office of governor.
D. 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 the person 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 on taking the oath of office.
E. In the event of the impeachment of the governor, the governor's 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 on the same person as in case of vacancy, but only until the disability ceases.
Art. V §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
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.
Art. V §8 | VACANCIES IN OFFICE
Art. V §9 | POWERS AND DUTIES OF STATE OFFICERS
Art. V §10 | CANVASS OF ELECTION RETURNS FOR STATE OFFICERS; CERTIFICATES OF ELECTION
Art. V §11 | COMMISSIONS
Art. V §12 | COMPENSATION OF ELECTIVE STATE OFFICERS; COMMISSION ON SALARIES FOR ELECTIVE STATE OFFICERS
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?Such recommendations if approved by the electors shall become effective at the beginning of 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.
[ ] Yes [ ] No."
Judicial Department
Art. VI §1 | JUDICIAL POWER; COURTS
Art. VI §2 | SUPREME COURT; COMPOSITION; DIVISIONS; DECISIONS, TRANSACTION OF BUSINESS
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.
Art. VI §3 | SUPREME COURT; ADMINISTRATIVE SUPERVISION; CHIEF JUSTICE
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.
Art. VI §4 | SUPREME COURT; TERM OF OFFICE
Art. VI §5 | SUPREME COURT; JURISDICTION; WRITS; RULES; HABEAS CORPUS
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.
Art. VI §6 | SUPREME COURT; QUALIFICATIONS OF JUSTICES
Art. VI §7 | SUPREME COURT; CLERK AND ASSISTANTS; ADMINISTRATIVE DIRECTOR AND STAFF
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.
Art. VI §8 | SUPREME COURT; PUBLICATION OF OPINIONS
Art. VI §9 | INTERMEDIATE APPELLATE COURTS
Art. VI §10 | SUPERIOR COURT; NUMBER OF JUDGES
Art. VI §11 | SUPERIOR COURT; PRESIDING JUDGES; DUTIES
Art. VI §12 | SUPERIOR COURT; TERM OF 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.
Art. VI §13 | SUPERIOR COURT; COMPOSITION; SALARIES; JUDGMENTS AND PROCEEDINGS; PROCESS
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.
Art. VI §14 | SUPERIOR COURT; ORIGINAL JURISDICTION
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.
Art. VI §15 | JURISDICTION AND AUTHORITY IN JUVENILE PROCEEDINGS
Art. VI §16 | SUPERIOR COURT; APPELLATE JURISDICTION
Art. VI §17 | SUPERIOR COURT; CONDUCT OF BUSINESS; TRIAL JURIES; JURY TRIAL; GRAND JURIES
Art. VI §18 | SUPERIOR COURT; WRITS
Art. VI §19 | SUPERIOR COURT; SERVICE OF JUDGE IN ANOTHER COUNTY
Art. VI §20 | RETIREMENT AND SERVICE OF RETIRED JUSTICES AND JUDGES
Art. VI §21 | SUPERIOR COURT; SPEEDY DECISIONS
Art. VI §22 | SUPERIOR AND OTHER COURTS; QUALIFICATIONS OF JUDGES
Art. VI §23 | SUPERIOR COURT; CLERK
Art. VI §24 | SUPERIOR COURT; COURT COMMISSIONERS, MASTERS AND REFEREES
Art. VI §25 | STYLE OF PROCESS; CONDUCT OF PROSECUTIONS IN NAME OF STATE
Art. VI §26 | OATH OF OFFICE
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.
Art. VI §27 | CHARGE TO JURIES; REVERSAL OF CAUSES FOR TECHNICAL ERROR
Art. VI §28 | JUSTICES AND JUDGES; DUAL OFFICE HOLDING; POLITICAL ACTIVITY; PRACTICE OF LAW
Art. VI §30 | 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.
Art. VI §31 | JUDGES PRO TEMPORE
B. When serving, any such person shall have all the judicial powers of a regular elected judge of the court to which the person 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.
Art. VI §32 | JUSTICES OF THE PEACE AND INFERIOR COURTS; JURISDICTION, POWERS AND DUTIES; TERMS OF OFFICE; SALARIES
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.
Art. VI §33 | CHANGE BY LEGISLATURE IN NUMBER OF JUSTICES OR JUDGES; REDUCTION OF SALARY DURING TERM OF OFFICE
Art. VI §34 | ABSENCE OF JUDICIAL OFFICER FROM STATE
Art. VI §35 | CONTINUANCE IN OFFICE; CONTINUED EXISTENCE OF OFFICES; APPLICATION OF PRIOR STATUTE AND RULES
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.
Art. VI §36 | COMMISSION ON APPELLATE COURT APPOINTMENTS AND TERMS, APPOINTMENTS AND VACANCIES ON COMMISSION
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 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:
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.
Art. VI §37 | JUDICIAL VACANCIES AND APPOINTMENTS; INITIAL TERMS; RESIDENCE; AGE
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.
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.
Art. VI §38 | DECLARATION OF CANDIDACY; FORM OF JUDICIAL BALLOT, REJECTION AND RETENTION; FAILURE TO FILE DECLARATION
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?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.
Yes __ No __ (Mark X after one).
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.
Art. VI §39 | RETIREMENT OF JUSTICES AND JUDGES; VACANCIES
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.
Art. VI §40 | OPTION FOR COUNTIES WITH LESS THAN TWO HUNDRED FIFTY THOUSAND PERSONS
Art. VI §41 | SUPERIOR COURT DIVISIONS; COMMISSION ON TRIAL COURT APPOINTMENTS; MEMBERSHIP; TERMS
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:
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 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.
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:
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.
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.
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.
Art. VI §42 | RETENTION EVALUATION OF JUSTICES AND JUDGES
Commission on Judicial Conduct
Art. VI.1 §1 | COMPOSITION; APPOINTMENT; TERM; VACANCIES
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.
Art. VI.1 §2 | DISQUALIFICATION OF JUDGE
Art. VI.1 §3 | SUSPENSION OR REMOVAL OF JUDGE
Art. VI.1 §4 | RETIREMENT OF JUDGE
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.
Art. VI.1 §5 | DEFINITIONS AND RULES IMPLEMENTING ARTICLE
Art. VI.1 §6 | ARTICLE SELF-EXECUTING
Suffrage and Elections
Art. VII §1 | METHOD OF VOTING; SECRECY
Art. VII §2 | QUALIFICATIONS OF VOTERS; DISQUALIFICATION
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.
Art. VII §3 | VOTING RESIDENCE OF FEDERAL EMPLOYEES AND CERTAIN OTHERS
Art. VII §4 | PRIVILEGE OF ELECTORS FROM ARREST
Art. VII §5 | MILITARY DUTY ON DAY OF ELECTION
Art. VII §6 | RESIDENCE OF MILITARY PERSONNEL STATIONED WITHIN STATE
Art. VII §7 | HIGHEST NUMBER OF VOTES RECEIVED AS DETERMINATIVE OF PERSON ELECTED
Art. VII §8 | QUALIFICATIONS FOR VOTERS AT SCHOOL ELECTIONS
Art. VII §9 | ADVISORY VOTE
Art. VII §10 | DIRECT PRIMARY ELECTION LAW
Art. VII §11 | GENERAL ELECTIONS; DATE
Art. VII §12 | REGISTRATION AND OTHER LAWS
Art. VII §13 | SUBMISSION OF QUESTIONS UPON BOND ISSUES OR SPECIAL ASSESSMENTS
Art. VII §14 | FEE FOR PLACING CANDIDATE'S NAME ON BALLOT
Art. VII §15 | QUALIFICATIONS FOR PUBLIC OFFICE
Art. VII §16 | CAMPAIGN CONTRIBUTIONS AND EXPENDITURES; PUBLICITY
Art. VII §17 | VACANCY IN CONGRESS
Art. VII §18 | TERM LIMITS ON BALLOT APPEARANCES IN CONGRESSIONAL ELECTIONS.
Removal from Office
Art. VIII (Part 1) §1 | OFFICERS SUBJECT TO RECALL; PETITIONERS
Art. VIII (Part 1) §2 | RECALL PETITIONS; CONTENTS; FILING; SIGNATURES; OATH
Art. VIII (Part 1) §3 | RESIGNATION OF OFFICER; SPECIAL ELECTION
Art. VIII (Part 1) §4 | SPECIAL ELECTION; CANDIDATES; RESULTS; QUALIFICATION OF SUCCESSOR
Art. VIII (Part 1) §5 | RECALL PETITIONS; RESTRICTIONS AND CONDITIONS
Art. VIII (Part 1) §6 | APPLICATION OF GENERAL ELECTION LAWS; IMPLEMENTARY LEGISLATION
Art. VIII (Part 2) §7 | POWER OF IMPEACHMENT IN HOUSE OF REPRESENTATIVES; TRIAL BY SENATE
Art. VIII (Part 2) §8 | CONVICTION; GROUNDS FOR IMPEACHMENT; JUDGMENT; LIABILITY TO TRIAL
Public Debt, Revenue, and Taxation
Art. IX §1 | SURRENDER OF POWER OF TAXATION; UNIFORMITY OF TAXES
Art. IX §2 | PROPERTY SUBJECT TO TAXATION; EXEMPTIONS
B. Property that has been conveyed to evade taxation is not exempt.
C. The following property is exempt from taxation:
2. Public debts, as evidenced by the bonds of this state and its counties, municipalities and other political subdivisions.
3. Household goods that are owned by the user of the goods and that are used solely for noncommercial purposes.
4. Stocks of raw or finished materials, unassembled parts, works in process or finished products constituting the inventory of a retailer or wholesaler that is located in this state and principally engaged in the resale of the materials, parts, works or products, whether or not for resale to the ultimate consumer.
E. The legislature may exempt the following property by law:
2. Personal property that is used in a trade or business or for agricultural purposes.
3. Cemeteries that are set apart and used to inter deceased human beings.
4. The property of a widow or widower who is a resident of this state.
5. The property of a resident of this state who is at least eighteen years of age and who has a medically certified total and permanent disability.
6. The property of an honorably discharged veteran of the uniformed services of the United States who is a resident of this state and who has a service or nonservice connected disability as determined by the United States department of veterans affairs, or its successor agency.
G. A person is not eligible for exemption under more than one category as a widow, widower, person with a total and permanent disability or veteran with a disability under subsection E, paragraph 4, 5 or 6 of this section.
Art. IX §3 | ANNUAL TAX; PURPOSES; AMOUNT; TAX LAWS; PAYMENT OF TAXES INTO STATE TREASURY
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.
Art. IX §4 | FISCAL YEAR; ANNUAL STATEMENT OF RECEIPTS AND EXPENDITURES; DEFICIT
Art. IX §5 | POWER OF STATE TO CONTRACT DEBTS; PURPOSES; LIMIT; RESTRICTIONS
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.
Art. IX §6 | LOCAL ASSESSMENTS AND TAXES
Art. IX §7 | GIFT OR LOAN OF CREDIT; SUBSIDIES; STOCK OWNERSHIP; JOINT OWNERSHIP
Art. IX §8 | LOCAL DEBT LIMITS; ASSENT OF TAXPAYERS
(2) The provisions of section 18, subsections (3), (4), (5) and (6) of this article shall not apply to this section.
Art. IX §8.1 | UNIFIED SCHOOL DISTRICT DEBT LIMIT
(2) The provisions of section 18, subsections (3), (4), (5) and (6) of this article shall not apply to this section.
Art. IX §9 | STATEMENT OF TAX AND OBJECTS
Art. IX §10 | AID OF CHURCH, PRIVATE OR SECTARIAN SCHOOL, OR PUBLIC SERVICE CORPORATION
Art. IX §11 | TAXING PROCEDURE; LICENSE TAX ON REGISTERED VEHICLES
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.
Art. IX §12 | AUTHORITY TO PROVIDE FOR LEVY AND COLLECTION OF LICENSE AND OTHER TAXES
Art. IX §12.1 | TEMPORARY TAXES; REPEAL FROM AND AFTER MAY 31, 2013
B. The temporary tax is levied and shall be collected beginning on June 1, 2010 and shall continue for thirty-six consecutive calendar months, after which the temporary tax is repealed.
C. The temporary tax is levied as a separate rate increment in addition to the state transaction privilege tax rates and the use tax rate. The rate of the temporary tax is one per cent of the tax base for each transaction privilege classification that is subject to a rate of five per cent or more and one per cent of the tax base for the use tax.
D. The temporary tax is subject to the same exemptions, deductions and exclusions as provided by law for each transaction privilege tax classification and for the use tax.
E. The net revenues derived from the temporary tax imposed by this section are not subject to distribution to counties, municipalities or other governmental entities but shall be credited to, and separately accounted in, the state general fund and appropriated as follows:
2. One-third of the revenues shall be appropriated for health and human services and public safety purposes.
G. The repeal of the temporary tax under this section does not affect the continuing validity of outstanding and unpaid tax obligations that accrue under this section, including any penalties and interest that accrue thereafter by law on the unpaid obligations.
H. The temporary tax under this section is repealed from and after May 31, 2013.
Art. IX §13 | INVENTORY, MATERIALS AND PRODUCTS OF MANUFACTURERS; PRODUCTION LIVESTOCK AND ANIMALS; TAX EXEMPTION
2. Livestock, poultry, aquatic animals and honeybees owned by a person who is principally engaged in agricultural production, subject to such conditions as may be prescribed by law.
Art. IX §14 | USE AND DISTRIBUTION OF VEHICLE, USER, AND GASOLINE AND DIESEL TAX RECEIPTS
Art. IX §15 | LICENSE TAX ON AIRCRAFT
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.
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.
Art. IX §16 | EXEMPTION OF WATERCRAFT FROM AD VALOREM PROPERTY TAXES
"Watercraft", as used in this section, shall be defined as provided by law.
Art. IX §17 | ECONOMIC ESTIMATES COMMISSION; APPROPRIATION LIMITATION; POWERS AND DUTIES OF COMMISSION
(2) For purposes of this section, "state revenues":
(b) Do not include:
(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.
(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.
(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:
(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 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.
Art. IX §18 | RESIDENTIAL AD VALOREM TAX LIMITS; LIMIT ON INCREASE IN VALUES; DEFINITIONS
(2) The limitation provided in subsection (1) does not apply to:
(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.
(b) For the purposes of taxes levied beginning in tax year 2015, the value of real property and improvements, including mobile homes, used for all ad valorem taxes shall be the lesser of the full cash value of the property or an amount five per cent greater than the value of property determined pursuant to this subsection for the prior year.
(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:
(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.
(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.
(8) The legislature shall provide by law a system of property taxation consistent with the provisions of this section.
(9) For the purposes of this section:
(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 or townhouse or an owner occupied mobile home and that is used for residential purposes.
Art. IX §19 | LIMITATION ON ANNUAL INCREASES IN LOCAL AD VALOREM TAX LEVIES; EXCEPTIONS
(2) The limitation prescribed by subsection (1) does not apply to:
(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 school districts.
(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, except that beginning in 2007 the limitation prescribed by subsection (1) shall be computed from the actual tax levy of the county, city, town or community college district in 2005.
(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.
Art. IX §20 | EXPENDITURE LIMITATION; ADJUSTMENTS; REPORTING
(2) Expenditures in excess of the limitations determined pursuant to subsection (1) of this section may be authorized as follows:
(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:
(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.
(b) "Cost of living" means either:
(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.
(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:
(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.
(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.
(f) "Population" means either:
(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.
(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 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 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.
Art. IX §21 | EXPENDITURE LIMITATIONS FOR SCHOOL DISTRICTS AND COMMUNITY COLLEGE DISTRICTS
(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 by the legislature for a single fiscal year, by concurrent resolution, upon affirmative vote of two-thirds of the membership of each house of the legislature.
(4) As used in this section:
(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.
(c) "Local revenues" includes all monies, revenues, funds, property and receipts of any kind whatsoever received by or for the account of a school district or community college district or any of its agencies, departments, offices, boards, commissions, authorities, councils and institutions, except:
(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 district 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 district 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.
(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.
(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.
(v) Any revenues derived from an additional state transaction privilege tax rate increment for educational purposes that was authorized by the voters before January 1, 2001.
(vi) Any amounts received pursuant to article XI, section 8, Constitution of Arizona, that are approved by the majority of qualified voters at a statewide general election held after November 1, 2002, and before January 1, 2003.
(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 of a community college district 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 school districts and community college districts to ensure compliance with this section. The legislature shall establish by law sanctions and penalties for failure to comply with this section.
Art. IX §22 | VOTE REQUIRED TO INCREASE STATE REVENUES; APPLICATION; EXCEPTIONS
(B) The requirements of this section apply to any act that provides for a net increase in state revenues in the form of:
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.
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.
Art. IX §23 | EXPENDITURES REQUIRED BY INITIATIVE OR REFERENDUM; FUNDING SOURCE
B. If the identified revenue source provided pursuant to subsection A in any fiscal year fails to fund the entire mandated expenditure for that fiscal year, the legislature may reduce the expenditure of state revenues for that purpose in that fiscal year to the amount of funding supplied by the identified revenue source.
Art. IX §24 | PROHIBITION OF NEW REAL PROPERTY SALE OR TRANSFER TAXES
Art. IX §25 | PROHIBITION OF NEW OR INCREASED TAXES ON SERVICES
State and School Lands
Art. X §1 | ACCEPTANCE AND HOLDING OF LANDS BY STATE IN TRUST
Art. X §2 | UNAUTHORIZED DISPOSITION OF LAND OR PROCEEDS AS BREACH OF TRUST
Art. X §3 | MORTGAGE OR OTHER ENCUMBRANCE; SALE OR LEASE AT PUBLIC AUCTION
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 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.
Art. X §4 | SALE OR OTHER DISPOSAL; APPRAISAL; MINIMUM PRICE; CREDIT; PASSING OF TITLE
Art. X §5 | MINIMUM PRICE; RELINQUISHMENT OF LANDS TO UNITED STATES
Art. X §6 | LANDS RESERVED BY UNITED STATES FOR DEVELOPMENT OF WATER POWER
Art. X §7 | ESTABLISHMENT OF PERMANENT FUNDS; SEGREGATION, INVESTMENT AND DISTRIBUTION OF MONIES; EXCEPTION; RESOLUTION OF LITIGATION
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:
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 percent 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.
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. The annual distribution from the permanent funds:
2. For fiscal years 2015-2016 through 2024-2025, shall be six and nine-tenths percent of the average monthly market values of the fund for the immediately preceding five calendar years, except that in fiscal year 2015-2016, the distribution made from the permanent state school fund shall be $259,266,200.
3. Beginning with fiscal year 2025-2026, shall be two and one-half percent of the average monthly market values of the fund for the immediately preceding five calendar years.
I. On or before February 1 of each year, if the average monthly market values of the fund for the immediately preceding five calendar years have decreased compared to the average monthly market values of the fund for the five-calendar-year period that immediately precedes the preceding five calendar years, the director of the office of strategic planning and budgeting, or its successor agency, and the director of the joint legislative budget committee, or its successor agency, shall jointly notify the governor, the president of the senate and the speaker of the house of representatives that a reduction to the distribution prescribed in subsection G, paragraph 2 of this section is necessary to preserve the safety of the capital in the fund. On receipt of that notification, the legislature may enact legislation, with the approval of the governor, that reduces the distribution in subsection G, paragraph 2 of this section for the next fiscal year to at least two and one-half percent but less than six and nine-tenths percent of the average monthly market values of the fund for the immediately preceding five calendar years.
J. Any amount reduced pursuant to subsection I of this section is not required to be paid or distributed:
2. In any subsequent fiscal year.
2. The amounts from the base level reduction are not required to be paid or distributed in any subsequent fiscal year.
3. The base level reduction is not part of the calculation of the base level for subsequent fiscal years.
M. This section and article XI, section 11 of this Constitution and the terms and appropriations of house bill 2001, fifty second legislature, first special session, fully satisfy the requirements of section 15-901.01, Arizona Revised Statutes.
Art. X §8 | CONFORMITY OF CONTRACTS WITH ENABLING ACT
Art. X §9 | SALE OR LEASE; CONDITIONS; LIMITATIONS; LEASE PRIOR TO ADOPTION OF CONSTITUTION
Art. X §10 | LAWS FOR SALE OR LEASE OF STATE LANDS; PROTECTION OF RESIDENTS AND LESSEES
Art. X §11 | MAXIMUM ACREAGE ALLOWED SINGLE PURCHASER
Art. X §12 | LAND EXCHANGES; PURPOSES; NOTICE; HEARINGS; SUBMISSION TO THE VOTERS
B. The purpose of the exchange must be either:
2. To improve the management of state lands for the purpose of sale or lease or conversion to public use of state lands.
2. At least two independent analyses of the proposed exchange must be made available to the public showing:
(b) The fiscal impact of the exchange on each county, city, town and school district in which all the lands involved in the exchange are located.
(c) The physical, economic and natural resource impacts of the proposed exchange on the surrounding or directly adjacent local community and the impacts on local land uses and land use plans.
2. Public notice of the proposed exchange includes full disclosure of all details of the transaction, the ownership of all parcels of the lands involved in the exchange, including independent and ancillary parties, a legal and general description of the location of all parcels of the lands and the appraised value of all parcels of the lands.
3. Public hearings are held at the state capital and in a location of general accessibility in the vicinity of the state lands being exchanged. Notice of the time and place of the hearings must be given beginning at least six weeks before each hearing in a manner prescribed by law. During this period, a process shall be provided for public comment on the proposed exchange.
4. The exchange is approved by the qualified electors of this state in the manner of a referendum pursuant to article IV, part 1, section 1 at the next regular general election. To be approved, the proposition must receive an affirmative vote of a majority of the qualified electors voting on the measure.
Education
Art. XI §1 | PUBLIC SCHOOL SYSTEM; EDUCATION OF PUPILS WHO ARE HEARING AND VISION IMPAIRED
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.
Art. XI §2 | CONDUCT AND SUPERVISION OF SCHOOL SYSTEM
Art. XI §3 | STATE BOARD OF EDUCATION; COMPOSITION; POWERS AND DUTIES; COMPENSATION
Art. XI §4 | STATE SUPERINTENDENT OF PUBLIC INSTRUCTION; BOARD MEMBERSHIP; POWERS AND DUTIES
Art. XI §5 | REGENTS OF UNIVERSITY AND OTHER GOVERNING BOARDS; APPOINTMENTS BY GOVERNOR; MEMBERSHIP OF GOVERNOR ON BOARD OF REGENTS
Art. XI §6 | ADMISSION OF STUDENTS OF BOTH SEXES TO STATE EDUCATIONAL INSTITUTIONS; TUITION; COMMON SCHOOL SYSTEM
Art. XI §7 | SECTARIAN INSTRUCTION; RELIGIOUS OR POLITICAL TEST OR QUALIFICATION
Art. XI §8 | PERMANENT STATE SCHOOL FUND; SOURCE; APPORTIONMENT OF STATE FUNDS
B. The rental derived from school lands, with such other funds as may be provided by law shall be apportioned only for common and high school education in Arizona, and in such manner as may be prescribed by law.
Art. XI §9 | COUNTY SCHOOL FUND; SIZE OF FUND; FREE SCHOOLS
Art. XI §10 | SOURCE OF REVENUE FOR MAINTENANCE OF STATE EDUCATIONAL INSTITUTIONS
Art. XI §11 | SCHOOLS; INFLATION ADJUSTMENTS; EXCEPTIONS; DEFINITIONS
B. On or before February 1 of each year, if the state transaction privilege tax growth rate and the total nonfarm employment growth rate are each less than one percent, the director of the office of strategic planning and budgeting, or its successor agency, and the director of the joint legislative budget committee, or its successor agency, shall jointly notify the governor, the president of the senate and the speaker of the house of representatives. On receipt of the notification, the legislature shall not make the inflation adjustments required by section 15-901.01, Arizona Revised Statutes, for the next fiscal year.
C. Beginning in fiscal year 2024-2025, on or before February 1 of each year, if the total amount of general fund appropriations for the Arizona department of education, or its successor agency, is at least forty-nine percent but less than fifty percent of the total general fund appropriation for the current fiscal year, the director of the office of strategic planning and budgeting, or its successor agency, and the director of the joint legislative budget committee, or its successor agency, shall jointly notify the governor, the president of the senate and the speaker of the house of representatives. On receipt of the notification, the legislature:
2. May reduce the base level for the next fiscal year by the amount of the inflation adjustments required by section 15-901.01, Arizona Revised Statutes, made for the current fiscal year.
2. May reduce the base level for the next fiscal year by two times the amount of the inflation adjustments required by section 15-901.01, Arizona Revised Statutes, made for the current fiscal year.
2. Become a part of the calculation of the base level for subsequent fiscal years.
2. Do not become part of the calculation of the base level for subsequent fiscal years.
H. For the purposes of this section:
2. "State transaction privilege tax growth rate" means the percentage change in the revenues derived from the state transaction privilege tax that are distributed to the state general fund from the most recent calendar year to the immediately preceding calendar year, as reported by the Arizona department of revenue or its successor agency.
Counties
Art. XII §1 | COUNTIES AS BODIES POLITIC AND CORPORATE
Art. XII §2 | COUNTIES OF TERRITORY AS COUNTIES OF STATE
Art. XII §3 | COUNTY OFFICERS; ELECTION; TERM OF OFFICE
The candidates for these offices elected in the general election of November 3, 1964 shall take office on the first day of January, 1965 and shall serve until the first day of January, 1969.
Art. XII §4 | COUNTY OFFICERS; DUTIES, POWERS, AND QUALIFICATIONS; SALARIES
Art. XII §5 | CHARTER COMMITTEE; CHARTER PREPARATION; APPROVAL
B. At the election a vote shall be taken to elect members of the charter committee who will function if further proceedings are authorized and the ballot shall contain the question of whether further proceedings toward adopting a charter shall be authorized pursuant to the call for the election. Unless a majority of the qualified electors voting on the question votes to authorize further proceedings, the election of members of the charter committee shall be invalidated and no further proceedings may be had except pursuant to a subsequent call pursuant to subsection A.
C. The charter committee shall be composed of fifteen qualified electors of the county elected by supervisorial district with the same number serving from each district. A nomination petition for election to the charter committee shall be made available by the clerk of the board of supervisors and shall be signed by a number of qualified electors of the supervisorial district who are eligible to vote for the nominee at least equal to one per cent of the total number of ballots cast for all candidates for governor or presidential electors in the supervisorial district at the last preceding general election, and filed with the clerk not later than sixty days before the election. All qualified electors of the county, including all elected public officials, are eligible to seek election to the charter committee.
D. Within one hundred eighty days after the election the charter committee shall prepare and submit a proposed charter for the county. The proposed charter shall be signed by a majority of the members of the committee and filed with the clerk of the board of supervisors, after which the charter committee shall be dissolved. The county shall then publish the proposed charter in the official newspaper of the county at least once a week for three consecutive weeks. The first publication shall be made within twenty days after the proposed charter is filed with the clerk of the board of supervisors.
E. At least forty-five days but not more than sixty days after final publication, the proposed charter shall be submitted to the vote of the qualified electors of the county at a general or special election. If a general election will be held within ninety days after final publication, the charter shall be submitted at that general election. The full text of the proposed charter shall be printed in a publicity pamphlet and mailed to each household containing a registered voter at least eleven days before the charter election and the ballot may contain only a summary of the proposed charter provisions. The ballot shall contain a question regarding approval of the proposed charter and the questions pertaining to taxation authority and appointment of officers, if any, provided for in sections 7 and 8 of this article.
F. If a majority of the qualified electors voting ratifies the proposed charter, a copy of the charter, together with a statement setting forth the submission of the charter to the qualified electors and its ratification by them, shall be certified by the clerk of the board of supervisors and shall be submitted to the governor for approval. The governor shall approve the charter within thirty days after its submission if it is not in conflict with, or states that in the event of a conflict is subject to, this constitution and the laws of this state. On approval, the charter becomes the organic law of the county, and certified copies of the charter shall be filed in the office of the secretary of state and with the clerk of the board of supervisors after being recorded in the office of the county recorder. Thereafter all courts shall take judicial notice of the charter.
Art. XII §6 | AMENDMENT OF CHARTER
Art. XII §7 | COUNTY CHARTER PROVISIONS
B. If a county has framed and adopted a charter and the charter is approved by the governor as provided in this article, the county shall be governed by the terms of its charter and ordinances passed pursuant to its charter. If the charter has been framed, adopted and approved and any of its provisions are in conflict with any county ordinance, rule or regulation relating to local concerns of the counties in force at the time of the adoption and approval of the charter, the provisions of the charter prevail notwithstanding the conflict and operate as a repeal or suspension of the law to the extent of conflict, and the law is not thereafter operative as to such conflict.
C. Notwithstanding article IX, section 1, if proposed and approved in the charter, a charter county may levy and collect:
2. Taxes on a specially designated area basis to provide services or special levels of service to that area.
D. The decision to include a charter provision authorizing taxation pursuant to subsection C, paragraph 1 or 2 of this section shall be placed on the ballot as separate questions at the election to ratify the charter and must be approved by a majority of the qualified electors voting at the election. The result of the voting on either provision authorizing taxation does not affect the result of the voting to ratify the charter. Charter provisions authorizing taxation pursuant to subsection C, paragraph 1 or 2 of this section may also be proposed by an amendment to the charter pursuant to section 6 of this article.
E. If the authority to tax pursuant to subsection C, paragraph 2 of this section is approved for inclusion in the charter, any new tax proposed by the county under subsection C, paragraph 2 of this section shall be voted on by the qualified electors of the specially designated area. The tax must be ratified by a majority vote of the qualified electors voting at the election.
F. A transaction privilege tax, use tax or similar tax levied by a county pursuant to subsection C, paragraph 1 of this section:
2. Shall provide all exclusion and exemptions provided by, and administrative provisions consistent with, the comparable state transaction privilege tax, use tax or similar tax.
H. If approved in the charter, a charter county may adopt fees and fee schedules for any county products and county service delivery it provides in the conduct of any official business. Notwithstanding any fee schedules or individual charges provided by state law, the governing body of a charter county may adopt an alternate fee schedule or individual charge. Any fee or charge established pursuant to this section shall be attributable to and defray or cover the current or future costs of the product or service delivery for which the fee or charge is assessed.
I. Taxes raised under the authority of this section shall be subject to the provisions of the county property tax and expenditure limitations pursuant to article IX, sections 19 and 20.
Art. XII §8 | GOVERNMENT AND OTHER POWERS
2. For all officers established under section 3 of this article and article VI, section 23, and such additional officers as the charter may provide for, their election or appointment, consolidation or segregation, method of compensation, powers, duties and responsibilities, authority to delegate powers and, if elected, the method of election and removal, terms of office and the manner of filling vacancies in such offices. If the charter provides for the attorney to remain an elective officer of the county, the charter may provide for an appointive office to carry out the civil representation needs of the county, its departments, agencies, boards, commissions, officials and employees. If the elective governing body provided for in the charter does not consist of supervisors, the charter may provide for elimination of the office of supervisor. If the charter provides for the office of supervisor, the number of supervisors shall be not fewer than five or greater than nine. If the charter provides for the appointment or elimination of an officer established under section 3 of this article or article VI, section 23, or for an appointive office to carry out the civil representation needs of the county, those provisions shall include an effective date not earlier than the expiration of the term of office for the officer commencing in January immediately following the first general election at which the officer is elected following approval of the charter by the voters and shall be placed on the ballot as separate questions at the election to ratify the charter and must be approved by a majority of the qualified electors voting at the election. The result of the voting on any provisions authorizing appointment or elimination of officers does not affect the result of the voting to ratify the charter.
3. For the performance of functions required by statute.
4. For a periodic review of the charter provisions to be conducted at least once every ten years from the time of its ratification by the voters and the procedures for the periodic review.
Art. XII §9 | SELF-EXECUTING PROVISION
Municipal Corporations
Art. XIII §1 | INCORPORATION AND ORGANIZATION; CLASSIFICATION
Art. XIII §2 | CHARTER; PREPARATION AND PROPOSAL BY BOARD OF FREEHOLDERS; RATIFICATION AND APPROVAL; AMENDMENT
The charter so ratified may be amended by amendments proposed and submitted by the legislative authority of the city to the qualified electors thereof (or by petition as hereinafter provided), at a general or special election, and ratified by a majority of the qualified electors voting thereon and approved by the governor as herein provided for the approval of the charter.
Notwithstanding any provision of this section to the contrary, no charter shall provide a city with any power to violate Article IX, section 25, which preempts such power.
Art. XIII §3 | ELECTION OF BOARD OF FREEHOLDERS
Art. XIII §4 | FRANCHISES; APPROVAL OF ELECTORS; TERM
Art. XIII §5 | RIGHT OF MUNICIPAL CORPORATION TO ENGAGE IN BUSINESS OR ENTERPRISE
Art. XIII §6 | FRANCHISES; RESTRICTIONS
Art. XIII §7 | IRRIGATION AND OTHER DISTRICTS AS POLITICAL SUBDIVISIONS
Corporations other than Municipal
Art. XIV §1 | CORPORATION DEFINED; RIGHT TO SUE AND SUABILITY
Art. XIV §2 | FORMATION UNDER GENERAL LAWS; CHANGE OF LAWS; REGULATION
Art. XIV §3 | EXISTING CHARTERS
Art. XIV §4 | RESTRICTION TO BUSINESS AUTHORIZED BY CHARTER OR LAW
Art. XIV §5 | FOREIGN CORPORATIONS; TRANSACTION OF BUSINESS
Art. XIV §6 | STOCKS; BONDS
Art. XIV §7 | LEASE OR ALIENATION OF FRANCHISE
Art. XIV §8 | FILING OF ARTICLES OF INCORPORATION; PLACE OF BUSINESS; AGENT FOR SERVICE OF PROCESS; VENUE
Art. XIV §9 | EMINENT DOMAIN; TAKING CORPORATE PROPERTY AND FRANCHISES FOR PUBLIC USE
Art. XIV §10 | ELECTIONS FOR DIRECTORS OR MANAGERS
Art. XIV §11 | LIABILITY OF STOCKHOLDERS
Art. XIV §12 | OFFICERS OF BANKING INSTITUTIONS; INDIVIDUAL RESPONSIBILITY
Art. XIV §13 | WANT OF LEGAL ORGANIZATION AS A DEFENSE
Art. XIV §14 | LEGISLATIVE POWER TO IMPOSE CONDITIONS
Art. XIV §15 | MONOPOLIES AND TRUSTS
Art. XIV §16 | RECORDS, BOOKS, AND FILES; VISITORIAL AND INQUISITORIAL POWERS OF STATE
Art. XIV §17 | FEES; REPORTS; LICENSING OF FOREIGN CORPORATIONS
Art. XIV §18 | CONTRIBUTIONS TO INFLUENCE ELECTIONS OR OFFICIAL ACTION
Art. XIV §19 | PENALTIES FOR VIOLATION OF ARTICLE
The Corporation Commission
Art. XV §1 | TERM LIMITS ON CORPORATION COMMISSION; COMPOSITION; ELECTION; OFFICE VACANCIES; QUALIFICATIONS
B. A corporation commission is hereby created to be composed of five persons who shall be elected at the general election, and whose term of office shall be four years, and who shall maintain their chief office at the state capital. The two additional commission members shall be elected at the 2002 general election for initial two-year terms beginning on the first Monday in January, 2003. Thereafter, all terms shall be four-year terms.
C. In case of vacancy in the office, the governor shall appoint a commissioner to fill the vacancy. The appointed commissioner shall fill the vacancy until a commissioner shall be elected at a general election as provided by law, and shall qualify. The qualifications of commissioners may be prescribed by law.
Art. XV §2 | PUBLIC SERVICE CORPORATIONS DEFINED
Art. XV §3 | POWER OF COMMISSION AS TO CLASSIFICATIONS, RATES AND CHARGES, RULES, CONTRACTS, AND ACCOUNTS; LOCAL REGULATION
Art. XV §4 | POWER TO INSPECT AND INVESTIGATE
Art. XV §5 | POWER TO ISSUE CERTIFICATES OF INCORPORATION AND LICENSES
Domestic and foreign insurers shall be subject to licensing, control and supervision by a department of insurance as prescribed by law. A director of the department of insurance shall be appointed by the governor with the consent of the senate in the manner prescribed by law for a term which may be prescribed by law.
Art. XV §6 | ENLARGEMENT OF POWERS BY LEGISLATURE; RULES AND REGULATIONS
Art. XV §7 | CONNECTING AND INTERSECTING LINES OF TRANSPORTATION AND COMMUNICATIONS CORPORATIONS
Art. XV §8 | TRANSPORTATION BY CONNECTING CARRIERS
Art. XV §9 | TRANSMISSION OF MESSAGES BY CONNECTING CARRIERS
Art. XV §10 | RAILWAYS AS PUBLIC HIGHWAYS; OTHER CORPORATIONS AS COMMON CARRIERS
Art. XV §11 | MOVABLE PROPERTY AS PERSONAL PROPERTY; LIABILITY OF PROPERTY TO ATTACHMENT, EXECUTION AND SALE
Art. XV §12 | CHARGES FOR SERVICE; DISCRIMINATION; FREE OR REDUCED RATE TRANSPORTATION
Art. XV §13 | REPORTS TO COMMISSION
Art. XV §14 | VALUE OF PROPERTY OF PUBLIC SERVICE CORPORATIONS
Art. XV §15 | ACCEPTANCE OF CONSTITUTIONAL PROVISIONS BY EXISTING CORPORATIONS
Art. XV §16 | FORFEITURES FOR VIOLATIONS
Art. XV §17 | APPEAL TO COURTS
Art. XV §19 | POWER TO IMPOSE FINES
Militia
Art. XVI §1 | COMPOSITION OF MILITIA
Art. XVI §2 | COMPOSITION AND DESIGNATION OF ORGANIZED MILITIA
Art. XVI §3 | CONFORMITY TO FEDERAL REGULATIONS
Water Rights
Art. XVII §1 | RIPARIAN WATER RIGHTS
Art. XVII §2 | RECOGNITION OF EXISTING RIGHTS
Labor
Art. XVIII §1 | EIGHT-HOUR DAY
Art. XVIII §2 | CHILD LABOR
Art. XVIII §3 | CONTRACTUAL IMMUNITY OF EMPLOYER FROM LIABILITY FOR NEGLIGENCE
Art. XVIII §4 | FELLOW SERVANT DOCTRINE
Art. XVIII §5 | CONTRIBUTORY NEGLIGENCE AND ASSUMPTION OF RISK
Art. XVIII §6 | RECOVERY OF DAMAGES FOR INJURIES
Art. XVIII §7 | EMPLOYER'S LIABILITY LAW
Art. XVIII §8 | WORKMEN'S COMPENSATION LAW
The percentages and amounts of compensation provided in house bill no. 227 enacted by the seventh legislature of the state of Arizona, shall never be reduced nor any industry included within the provision of said house bill no. 227 eliminated except by initiated or referred measure as provided by this Constitution.
Art. XVIII §9 | BLACKLISTS
Art. XVIII §10 | EMPLOYMENT OF ALIENS
Mines
Art. XIX §1 | "ARTICLE XIX"
Art. XIX §1 {Version 1} | "ARTICLE XIX"
Ordinance
Art. XX §1 | TOLERATION OF RELIGIOUS SENTIMENT
Art. XX §2 | POLYGAMY
Art. XX §3 | INTRODUCTION OF INTOXICATING LIQUORS INTO INDIAN COUNTRY
Art. XX §4 | PUBLIC LANDS; INDIAN LANDS
Art. XX §5 | TAXATION
Art. XX §6 | TERRITORIAL DEBTS AND LIABILITIES
Art. XX §7 | PUBLIC SCHOOL SYSTEM; SUFFRAGE
The state shall never enact any law restricting or abridging the right of suffrage on account of race, color, or previous condition of servitude.
Art. XX §8 | ENGLISH LANGUAGE
Art. XX §9 | LOCATION OF STATE CAPITAL
Art. XX §12 | LANDS GRANTED TO STATE
Ord. XX §13 | ORDINANCE AS PART OF CONSTITUTION; AMENDMENT
Mode of Amending
Art. XXI §1 | INTRODUCTION IN LEGISLATURE; INITIATIVE PETITION; ELECTION
Art. XXI §2 | CONVENTION
Schedule And Miscellaneous
Art. XXII §1 | EXISTING RIGHTS, ACTIONS, SUITS, PROCEEDINGS, CONTRACTS, CLAIMS, OR DEMANDS; PROCESS
Art. XXII §2 | TERRITORIAL LAWS
Art. XXII §3 | DEBTS, FINES, PENALTIES, AND FORFEITURES
Art. XXII §4 | RECOGNIZANCES; BONDS; ESTATE; JUDGMENTS; CHOSES IN ACTION
Art. XXII §5 | CRIMINAL PROSECUTIONS AND PENAL ACTIONS; OFFENSES; PENALTIES; ACTIONS AND SUITS
Art. XXII §6 | TERRITORIAL, DISTRICT, COUNTY, AND PRECINCT OFFICERS
Art. XXII §7 | CAUSES PENDING IN DISTRICT COURTS OF TERRITORY; RECORDS, PAPERS, AND PROPERTY
It shall be the duty of the clerk of the district court having custody of such papers, records, and property, to transmit to the clerk of said superior court the original papers in all cases pending in such district and belonging to the jurisdiction of said superior court, together with a transcript, or transcripts, of so much of the record of said district court as shall relate to the same; and until the district courts of the Territory shall be superseded in manner aforesaid, and as in this Constitution provided, the said district courts, and the judges thereof, shall continue with the same jurisdiction and powers, to be exercised in the same judicial district, respectively, as heretofore, and now, constituted.
Art. XXII §8 | PROBATE RECORDS AND PROCEEDINGS
Art. XXII §9 | CAUSES PENDING IN SUPREME COURT OF TERRITORY; RECORDS, PAPERS, AND PROPERTY
Art. XXII §10 | SEALS OF SUPREME COURT, SUPERIOR COURTS, MUNICIPALITIES, AND COUNTY OFFICERS
Art. XXII §11 | EFFECTIVE DATE OF CONSTITUTION
Art. XXII §12 | ELECTION OF REPRESENTATIVE IN CONGRESS
Art. XXII §13 | CONTINUATION IN OFFICE UNTIL QUALIFICATION OF SUCCESSOR
Art. XXII §14 | INITIATIVE
Art. XXII §15 | PUBLIC INSTITUTIONS
Art. XXII §16 | CONFINEMENT OF MINOR OFFENDERS
Art. XXII §17 | COMPENSATION OF PUBLIC OFFICERS
Art. XXII §18 | NOMINATION OF INCUMBENT PUBLIC OFFICERS TO OTHER OFFICES
Art. XXII §19 | LOBBYING
Art. XXII §20 | DESIGN OF STATE SEAL
Art. XXII §21 | ENACTMENT OF LAWS TO CARRY CONSTITUTION INTO EFFECT
Art. XXII §22 | JUDGMENTS OF DEATH
Right to Work
Art. XXV §1 | RIGHT TO WORK OR EMPLOYMENT WITHOUT MEMBERSHIP IN LABOR ORGANIZATION
Right of Licensed Real Estate Brokers and Salesmen to Prepare Instruments Incident to Property Transactions
Art. XXVI §1 | POWERS OF REAL ESTATE BROKER OR SALESMAN
Regulation of Health, Safety and Welfare
Art. XXVII §1 | REGULATION OF AMBULANCES; POWERS OF LEGISLATURE
Art. XXVII §2 | HEALTH CARE; DEFINITIONS
2. A person or employer may pay directly for lawful health care services and shall not be required to pay penalties or fines for paying directly for lawful health care services. A health care provider may accept direct payment for lawful health care services and shall not be required to pay penalties or fines for accepting direct payment from a person or employer for lawful health care services.
C. This section does not:
2. Affect which health care services are permitted by law.
3. Prohibit care provided pursuant to article XVIII, section 8 of this constitution or any statutes enacted by the legislature relating to worker's compensation.
4. Affect laws or rules in effect as of January 1, 2009.
5. Affect the terms or conditions of any health care system to the extent that those terms and conditions do not have the effect of punishing a person or employer for paying directly for lawful health care services or a health care provider or hospital for accepting direct payment from a person or employer for lawful health care services.
2. "Direct payment or pay directly" means payment for lawful health care services without a public or private third party, not including an employer, paying for any portion of the service.
3. "Health care system" means any public or private entity whose function or purpose is the management of, processing of, enrollment of individuals for or payment for, in full or in part, health care services or health care data or health care information for its participants.
4. "Lawful health care services" means any health-related service or treatment to the extent that the service or treatment is permitted or not prohibited by law or regulation that may be provided by persons or businesses otherwise permitted to offer such services.
5. "Penalties or fines" means any civil or criminal penalty or fine, tax, salary or wage withholding or surcharge or any named fee with a similar effect established by law or rule by a government established, created or controlled agency that is used to punish or discourage the exercise of rights protected under this section.
English as the Official Language
Art. XXVIII §1 | DEFINITIONS
2. "Official action" includes the performance of any function or action on behalf of this state or a political subdivision of this state or required by state law that appears to present the views, position or imprimatur of the state or political subdivision or that binds or commits the state or political subdivision, but does not include:
(b) Actions required under the federal individuals with disabilities education act or other federal laws.
(c) Actions, documents or policies necessary for tourism, commerce or international trade.
(d) Actions or documents that protect the public health and safety, including law enforcement and emergency services.
(e) Actions that protect the rights of victims of crimes or criminal defendants.
(f) Using terms of art or phrases from languages other than English.
(g) Using or preserving Native American languages.
(h) Providing assistance to hearing impaired or illiterate persons.
(i) Informal and nonbinding translations or communications among or between representatives of government and other persons if this activity does not affect or impair supervision, management, conduct or execution of official actions and if the representatives of government make clear that these translations or communications are unofficial and are not binding on this state or a political subdivision of this state.
(j) Actions necessary to preserve the right to petition for the redress of grievances.
(b) Protecting the rights of persons in this state who use English.
(c) Encouraging greater opportunities for individuals to learn the English language.
(d) To the greatest extent possible under federal statute, providing services, programs, publications, documents and materials in English.
Art. XXVIII §2 | OFFICIAL LANGUAGE OF ARIZONA
Art. XXVIII §3 | PRESERVING AND ENHANCING THE ROLE OF THE OFFICIAL
B. A person shall not be discriminated against or penalized in any way because the person uses or attempts to use English in public or private communication.
Art. XXVIII §4 | OFFICIAL ACTIONS TO BE CONDUCTED IN ENGLISH
Art. XXVIII §5 | RULES OF CONSTRUCTION
Art. XXVIII §6 | STANDING; NOTIFICATION OF ATTORNEY GENERAL; RECOVERY OF COSTS
B. A person who resides or does business in this state and who contends that this article is not being implemented or enforced may file a civil action to determine if the failure or inaction complained of is a violation of this article and for injunctive or mandatory relief.
C. A person shall not file an action under this section unless the person has notified the attorney general of the alleged violation and the attorney general or other appropriate representative of government has not provided appropriate relief within a reasonable time under the circumstances. An action filed under this section may be in addition to or in lieu of any action by officers of this state, including the attorney general.
D. A person who files and is successful in an action under this section may be awarded all costs expended or incurred in the action, including reasonable attorney fees.
Public Retirement Systems
Art. XXIX §1 | PUBLIC RETIREMENT SYSTEMS
B. The assets of public retirement systems, including investment earnings and contributions, are separate and independent trust funds and shall be invested, administered and distributed as determined by law solely in the interests of the members and beneficiaries of the public retirement systems.
C. Membership in a public retirement system is a contractual relationship that is subject to article II, section 25.
D. Public retirement system benefits shall not be diminished or impaired, except that:
2. Certain adjustments to the corrections officer retirement plan may be made as provided in senate bill 1442, as enacted by the fifty-third legislature, first regular session.
3. Certain adjustments to the elected officials' retirement plan may be made as provided in house bill 2545, as enacted by the fifty-third legislature, second regular session.
Marriage
Art. XXX §1 | MARRIAGE
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