A PROPOSITION

No. 115.

Introduced by Mr. Kingan, of Pima County.

A Proposition Relative to Legislative.

IT IS HEREBY PROPOSED:

LEGISLATIVE

Section 1. The legislative power shall be vested in a Senate and House of Representatives, and shall be called the Assembly of Arizona.

Section 2. The Senate shall be composed of one member from each county of the State, now or hereafter organized. The House of Representatives shall be composed of not less than twenty-seven nor more than forty members. The first Assembly shall be composed of fourteen Senators and twenty-seven Representatives.

Section 3. Each county shall constitute a senatorial and representative district. The senate and house of representatives shall be composed of members elected by the legal voters of the counties respectively. Each country shall always have at least one representative, and representatives shall be apportioned among the counties as nearly as may be according to the number of their inhabitants.

Section 4. Until a further apportionment, as herein provided, the county of Cochise shall constitute the first district; the county of Pima the second district: the county of Santa Cruz the third district: the county of Graham the fourth district; the county of Gila the fifth district; the county of Pinal the sixth district; the county of Maricopa the seventh district; the county of Yuma the eighth district; the county of Yavapai the night district; the county of Mohave the tenth district; the county of Coconino the eleventh district; the county of Apache the twelfth district; the county of Navajo the thirteenth district; the county of Greenlee the fourteenth district; and until a further apportionment, as herein provided, the county of Cochise shall be entitled to five representatives; the county of Pima to three; the county of Santa Cruz to one; the county of Graham to two; the county of Gila to two; the county of Pinal to one; the county of Maricopa to five; the county of Yuma to one; the county of Yavapai to two; the county of Mohave to one; the county of Coconino to one; the county of Greenlee to one.

Section 5. After each United States census the next Assembly, or the Assembly at any time, and after a census made by it, may increase the number of representatives so that each district shall have representation in the House, according to the number of its inhabitants.

Section 6. Senators shall be elected for the term of four years, and representatives for the term of two years, and their terms of office shall begin on the first day of January next after their election. Provided That the terms of office of the members of the first Assembly shall begin as soon as they shall have been elected and the State admitted to the Union, and said terms shall end on the thirty-first day of December next following the first regular general election.

Section 7. No person shall be a Senator who has not attained the age of twenty-five years, nor a Representative who has not attained the age of twenty-two years, and who is not a citizen of the United States and of this State, and who has not, for at least twelve months next proceeding his election, resided within the district within which he was elected.

Section 8. The first General Assembly shall be elected at the time fixed in the proclamation of the Governor for the election of State and county officers and a representative in congress, and thereafter members shall be elected at the first regular general election, and bi-ennially thereafter, PROVIDED, as hereinbefore contained. Senators shall be elected every four years. The first General Assembly shall meet not less than thirty nor more than sixty days after the admission of the State of Arizona into the Union, and thereafter such Assembly shall meet bi-ennially, and on the first Tuesday after the second Monday in January next succeeding the election. The Assembly shall not remain in session longer than sixty days.

Section 9. Each House shall be the judge of the election returns and qualifications of its own members, and a majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent members in such manner and under such penalties as each House may provide.

Section 10. Each House may determine the rules of its own proceedings, punish for contempt and disorderly behavior, and with the concurrence of two-thirds of all the members elected, expel a member, but no member shall be expelled a second time for the same offense.

Section 11. Each House shall elect its own officers, and when the lieutenant-governor shall not attend as president, or shall act as governor, the senate shall choose a temporary president. When presiding, the lieutenant-governor shall have the deciding vote in case of an equal division of the Senate.

Section 12. Each House shall keep a journal of its proceedings. The doors of each House shall be kept open, except when the public welfare shall require secrecy. Neither House shall adjourn for more than three days, nor to any place other than that in which they may be sitting, without the consent of the other.

Section 13. No member of the Assembly, during the term for which he is elected, shall be appointed or elected to any civil office in the State, which shall have been created, or the emoluments of which shall have been increased, during the term for which he was elected.

Section 14. No person, being a member of Congress, or holding any civil or military office under the United States or any other power, shall be eligible to be a member of the Assembly; and if any person after his election as a member of the Assembly shall be elected to Congress or be appointed to any other office, civil or military, under the government of the United States, or any other power, his acceptance thereof shall vacate his seat: PROVIDED. That officers in the militia of the State who receive no annual salary, local officers and postmasters, whose compensation does not exceed three hundred dollars per annum, shall not be ineligible.

Section 15. The governor shall issue writs of election to fill such vacancies as may occur in either House of the assembly.

Section 16. Members of the Assembly shall be privileged from arrest in all cases except treason, felony and breach of the peace; they shall not be subject to any civil process during the session of the Assembly, nor for fifteen days next before the commencement of each session.

Section 17. No member of the Assembly shall be liable in any civil action or criminal prosecution whatever for words spoken in debate.

Section 18. The style of the laws of the State shall be: “Be it enacted by the Assembly of the State of Arizona.” And no law shall be enacted except by bill.

Section 19. No bill shall embrace more than one subject, and that shall be expressed in the title.

Section 20. Any bill may originate in either House of the Assembly, and a bill passed by one House may be amended by another.

Section 21. The yeas and nays of the members of either House shall be entered on the journal on the demand of one-sixth of the members present.

Section 22. No bill shall become a law unless on its final passage the vote be taken by yeas and nays; the names of the members voting for and against the same be entered on the journal of each House, and a majority of the members elected to each House be recorded thereon as voting in its favor.

Section 23. Each member of the Assembly shall receive for his services five dollars for each day’s attendance during the session, and ten cents for every mile he shall travel in going to and returning from the place of meeting of the Assembly, on the most usual route.

Section 24. The Assembly shall never authorize any gambling, lottery or grant any divorce.

Section 25. The Assembly shall never grant any extra compensation to any public officer, agent, servant or contractor after the services shall have been rendered or the contract entered into, nor shall the compensation of any public officer be increased or diminished during his term of office.

Section 26. The Assembly shall direct by law in what manner and in what courts suits may be brought against the State.

Section 27. The Assembly shall not pass any law or laws limiting the amount of liability for personal injuries or injuries resulting in death.

Section 28. In all elections by the Assembly the members shall vote viva voce and their votes shall be entered on the journal.

SPECIAL LEGISLATION

Section 29. The Assembly is prohibited from enacting any private or special law in the following cases:

1. For changing the names of persons, or constituting one person the heir at law of another.

2. For laying out, opening or altering highways, except in cases of State roads extending into more than one county, and military roads to aid in the construction of which, lands shall have been or may be granted by Congress.

3. For authorizing persons to keep ferries wholly within this State.

4. For authorizing the sale or mortgage of real or personal property of minors, or others under disability.

5. For assessment or collection of taxes, or for extending the time for collection thereof.

6. For granting corporate powers or privileges.

7. For authorizing the apportionment of any part of the school fund.

8. For incorporating any town or village, or to amend the charter thereof.

9. Giving effect to invalid deeds, wills or other instruments.

10. Releasing or extinguishing, in whole or in part, the indebtedness, liability or other obligation of any person or corporation to this State, or of any municipal corporation therein.

11. Declaring any person of age, or authorizing any minor to sell, lease or incumber his or her property.

12. Legalizing, except as against the State, the unauthorized or invalid act of any officer.

13. Regulating the rates of interest on money.

14. Remitting fines, penalties or forfeitures.

15. Providing for the management of common schools.

16. Authorizing the adoption of children.

17. For limitation of civil or criminal action.

18. Changing county lines, locating or changing county seats: PROVIDED. This shall not be construed to apply to the creation of new counties.

Section 30. The offense of the corrupt solicitation of members of the Assembly, or of public officers of the State or any municipal division thereof, and any occupation or practice of solicitation of such members or officers to influence their official actions, shall be defined by law, and shall be punished by fine and imprisonment. Any person may be compelled to testify to any lawful investigation or judicial proceeding against any person who may be charged with having committed the offense of bribery or corrupt solicitation, or practice of solicitation, and shall not be permitted to withhold his testimony on the ground that it may incriminate himself or subject him to public infamy, but testimony shall not afterwards be used against him in any judicial proceeding-except for perjury in giving such testimony-and any person convicted of either of the offenses aforesaid, shall, as part of the punishment therefor, be disqualified from ever holding any position of honor, trust or profit in this State. A member who has a private interest in any bill or measure proposed or pending before the Assembly shall disclose the fact to the House of which he is a member, and shall not vote thereon.

Section 31. No law, except appropriation bills, shall take effect until ninety days after the adjournment of the session at which it was enacted, unless in case of an emergency (which emergency must be expressed in the preamble or in the body of the act) the Assembly shall otherwise direct by a vote of two-thirds of all the members elected to each House; said vote to be taken by yeas and nays and entered on the journals.

Section 32. No bill shall become a law until the same shall have been signed by the presiding officer of each of the two Houses in open session, and under such rules as the legislature shall prescribe.

Section 33. The Assembly shall pass necessary laws for the protection of persons working in mines, factories and other employments dangerous to life and deleterious to health; and fix pains and penalties for the enforcement of the same.

Section 34. No bill shall be considered in either House unless the time of its introduction shall have been at least ten days before the final adjournment of the Assembly, unless the Assembly shall otherwise direct by a vote of two-thirds of all the members elected to each House, said vote to be taken by yeas and nays and entered upon the journal, or unless the same be at a special session.

Section 35. No act shall ever be revised or amended by mere reference to its title, but the act revised or the section amended shall be set forth at full length.

Section 36. No amendment to any bill shall be allowed which shall change the scope and object of the bill.

Section 37. It shall not be lawful for any person holding public office in this State to accept or use a pass or to purchase transportation from any railroad or other corporation, other than as the same may be purchased by the general public, and the Assembly shall pass laws to enforce this provision.

• Proposition Number 115 - Legislative Matters (introduced on 1910-10-31 09:00:00 - CREATE_FROM - e937180) [This document] [view current proposal at this moment]
  • None (introduced on 1910-11-18 14:00:00 - REPORT_PROPOSAL - e940556) [view current proposal at this moment]