A PROPOSITION

No. 6.

Introduced by Mr. Cassidy, of Maricopa County.

A PROPOSITION RELATIVE TO LEGISLATIVE DEPARTMENT.

ARTICLE....................

LEGISLATIVE DEPARTMENT

Sec. 1. LEGISLATIVE AUTHORITY: The legislative authority of the State shall be vested in the legislative assembly, consisting of one chamber only of twenty-four persons; but the people reserve to themselves power to propose legislative measures, resolutions, laws, and amendments to the constitution, and to enact and reject the same at the polls, independent of the legislative assembly, and also reserve power, at their own option, to approve or reject at the polls any act, item, section, or part of any resolution, act or measure passed by the legislative assembly.

Sec. 2. INITIATIVE. The first power reserved by the people is the initiative, and not more than ten per cent of the legal voters shall be required to propose any measure by such petition, and every such petition shall include the full text of the measure so proposed. Initiative petitions for all but municipal legislation shall be filed with the secretary of state not less than four months before the election at which they are to be voted on. If conflicting measures submitted to the people shall be approved by a majority of the votes severally cast for and against the same, the one receiving the highest number of affirmative votes shall thereby become law as to all conflicting provisions. Proposed amendments to the constitution shall in all cases be submitted to the people for approval or rejection.

Sec. 3. REFERENDUM. The second power reserved by the people is the referendum, and it may be ordered on any measure or resolution passed by the legislative assembly, either by petition signed by the required percentage of the legal voters, or by the legislative assembly as other bills are enacted. Not more than five per cent of the legal voters shall be required to sign and make a valid referendum petition.

Sec. 4. EMERGENCY. If it is necessary for the immediate preservation of the public peace, health or safety that a law or ordinance shall become effective without delay, such necessity shall be stated in one section, and if upon yea-and-nay vote three-fourths of all the members elected to the legislative assembly or city council, as the case may be, shall vote on a separate roll call in favor of the measure going into instant operation because it is necessary for the immediate preservation of the public peace, health or safety, such law shall become operative upon being filed in the office of the secretary of state. It shall not be necessary to state in such section the facts which constitute the emergency. If a referendum petition be filed against such emergency measure, it shall be a law until it is voted upon by the people, and if it is then rejected by a majority of those voting upon the question, such emergency measure shall thereby be repealed. No statute, ordinance, or resolution approved by a vote of the people shall be amended or repealed by the legislative assembly, or any city council except by three-fourths vote of all the members of such legislative assembly or city council. The provisions of this section apply to city councils.

Sec. 5. LOCAL INITIATIVE AND REFERENDUM. The initiative and referendum powers of the people are hereby further reserved to the legal voters of each municipality and district as to all local, special, and municipal legislation of every character in and for their respective municipalities and districts. Cities and towns may provide for the manner of exercising the initiative and referendum powers as to their municipal legislation. Not more than 10 per cent of the legal voters may be required to order the referendum nor more than .......... per cent to propose any measure by the initiative in any city or town.

Sec. 5. GENERAL PROVISIONS. The filing of a referendum against one or more items, sections, or parts of any act, legislative measure, resolution or ordinance shall not delay the remainder of the measure from becoming operative. Referendum petitions against measures passed by the legislative assembly shall be filed with the secretary of state not later than ninety days after the final adjournment of the session of the legislative assembly which passed the measure on which the referendum is demanded. The veto power of the governor or mayor shall not extend to measures initiated by or referred to the people. All elections on general, local or special measures referred to the people of the state or any locality shall be had at the biennial regular general elections, except when the legislative assembly shall order a special election; but counties, cities and towns may provide for special elections on their municipal legislation proposed by their electors or legislative bodies. Any measure initiated by the people or referred to the people as herein provided shall take effect and become the law if it is approved by a majority of the votes cast thereon, and not otherwise. Such measure shall be in operation on and after the thirtieth day after the election at which it is approved. The enacting clause of all bills shall be "Be it enacted by the people of the state of Arizona," and of ordinances, "Be is ordained by the people of" (name of municipality). The enacting clause of charter amendments shall so far as applicable follow the form of the enacting clause of constitutional amendments. This section shall not be construed to deprive any member of the legislative assembly or of a city council of the right to introduce any measure. The whole number of electors who voted for governor at the election last preceding the filing of any petition for the initiative or for the referendum shall be the basis on which the number of legal voters to sign such petition shall be determined. Petitions and orders for the initiative and referendum shall be filed with the secretary of state, or in municipal elections with such officers as may be provided by law. In submitting the same to the people he and all other officers shall be guided by general law, until additional legislation shall be specially provided therefor. This section is self-executing, but legislation may be enacted to facilitate its operation.

Sec. 6. APPORTIONMENT. The number of members of the legislative assembly may be increased by general law. They shall be nominated, apportioned and elected in such manner and from such districts as may be provided by law, but districts shall be composed of contiguous territory. Until otherwise provided they shall be apportioned among the different counties of the state as provided for the house of representatives of the Territory of Arizona by Paragraph 38 of the Revised Statutes of Arizona, 1901.

Sec. 7. QUALIFICATION OF MEMBERS OF LEGISLATIVE ASSEMBLY. No person shall be a member of the legislative assembly who is not a citizen of the United States at the time of his election, nor unless he shall at least be twenty-five years of age, and a resident of the state at least five years before his election.

Sec. 8. The sessions of the legislative assembly shall be held biennially at the capital of the state, upon such dates as may be provided by law. The governor may call a special session whenever in his judgment it is advisable.

Sec. 9. ELECTION OF OFFICERS, JUDGES OF QUALIFICATIONS, ETC. The legislative assembly, when assembled, shall choose its own officers, judge of the election and qualification of its own members, determine its own rules of proceeding, and sit upon its own adjournment.

Sec. 10. QUORUM. Two-thirds of the members of the legislative assembly shall constitute a quorum to do business, but a smaller number may meet, adjourn from day to day and compel the attendance of absent members.

Sec. 11. JOURNAL AND YEAS AND NAYS. The legislative assembly shall keep a journal of its proceedings, and the yeas and nays on any question shall at the request of two members be entered.

Sec. 12. SESSIONS AND COMMITTEE MEETINGS. The sessions of the assembly and all committee meetings shall be open except only in such cases as in the opinion of the assembly require secrecy, but in every such case the yeas and nays shall be entered on the journal. Committees shall be liberal in allowing public hearings on measures.

Sec. 13. PUNISHMENT OF MEMBERS. The assembly may punish its members for disorderly behavior, and may with the concurrence of two-thirds of its members expel any member.

Sec. 14. READING OF BILLS.—VOTE.—TO BE FILED WITH SECRETARY. Every bill shall be read by sections, on three several days, unless, in case of emergency, two-thirds of the assembly shall by a vote of yeas and nays, deem it expedient to dispense with this rule: but the reading of a bill by sections on its final passage, shall in no case be dispensed with, and the vote on the passage of any bill or resolution shall be taken by yeas and nays. Every measure when finally passed shall be filed in the office of the secretary of state.

Sec. 15. SUBJECT AND TITLE OF ACT. Every act shall embrace but one subject, and matters properly connected therewith, which subject shall be expressed in the title. But if any subject shall be embraced in an act which shall not be expressed in the title, then such act shall be void only as to so much thereof as shall not be expressed in the title.

Sec. 16. MAJORITY NECESSARY TO PASS. TO BE SIGNED BY PRESIDING OFFICER. A majority of all the members elected to the assembly shall be necessary to pass any bill or resolution, and all bills and resolutions so passed shall be signed by the presiding officer of the assembly.

Sec. 17. PROTEST. Any member of the assembly shall have the right to protest and have the reasons of his protest entered on the journal.

Sec. 18. WHEN ACTS TAKE EFFECT. No act shall take effect until ninety days from the end of the session at which the same shall have been passed, except in cases of emergency, which shall be declared as provided in Section 4 of this Article.

Sec. 18. WHAT SPECIAL LAWS NOT TO BE PASSED. The legislative assembly shall not pass local or special laws in any of the following cases, that is to say:

1. For granting divorces.

2. Locating or changing county seats.

3. Changing rules of evidence.

4. Changing names of persons or places.

5. Regulating the practice of courts of justice.

6. For limitation of civil actions or giving effect to informal or invalid deeds.

7. Punishment of crimes and misdemeanors.

8. Vacating roads, plats, streets, alleys and public squares.

9. Assessment and collection of taxes, and exemption therefrom.

10. Regulating the rate of interest on money.

11. 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. Incorporation of cities, towns or villages, or amending their charters.

15. Relinquishing any indebtedness, liability or obligation to this state.

16. Summoning and empanelling of juries.

17. When a general law can be made applicable.

Sec. 19. COMPENSATION. Members of the general assembly shall receive six dollars per day for each day of the session, but they shall not receive pay for more than sixty days in any one session.

Sec. 19. PUNISHMENT FOR FAILURE TO VOTE. Any member of the legislative assembly failing to vote on roll call, unless excused by a majority vote of the house, by yea and nay vote, shall have Five dollars deducted from his salary for each such failure.

Sec. 20. APPROPRIATION BILLS. The general appropriation bill shall embrace nothing but appropriations for the different departments of the state, interest on the public debt, and for public schools. All other appropriations shall be made by separate bills, each embracing but one subject.

Sec. 21. TERM OF OFFICE. The members of the first legislative assembly shall hold office until January 1, 1913. The terms of office of the members of succeeding assemblys shall be two years.

Sec. 22. TIME WHEN BILLS MAY BE PASSED. Every bill introduced shall be placed on the calendar and may be acted upon during the session at any time, provided, however, that bills introduced after the thirtieth day of the session shall not be acted upon at such session.

Sec. 23. OATH OF MEMBERS AND PLEDGE AGAINST LOG ROLLING. Every member of the legislative assembly, shall, before entering upon the duties of his office, take and subscribe the following oath:

"I do solemnly swear that I will support the constitution of the United States and of the State of Arizona, and that I will faithfully discharge the duties of member of the legislative assembly to the best of my ability. I do further swear and promise the people of the State of Arizona that during my term of office in acting or voting as a member of the legislative assembly upon any measure I will always vote solely upon my judgment that the bill or resolution will or will not advance the general welfare, and without any reference to the vote, action or caucus of members on that or any other measure, and without any understanding (except instructions from the people or public pledges made to the people) in any form with any member or person that I will aid or be friendly in a measure in which he is interested because he will or may be inclined to aid one in which I am interested." Such oath may be administered by the governor or by a judge of the Supreme Court.

• Proposition Number 6 - Legislative Department (introduced on 1910-10-21 14:00:00 - CREATE_FROM - e934625) [This document] [view current proposal at this moment]
  • Motion to Read Proposition Number 6 a Second Time (introduced on 1910-10-21 14:00:00 - PROCEDURE - e934627) [view current proposal at this moment]
    • None (introduced on 1910-10-21 14:00:00 - ADOPT_PROPOSAL - e934629) [view current proposal at this moment]
  • None (introduced on 1910-10-21 14:00:00 - REPORT_PROPOSAL - e934631) [view current proposal at this moment]