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Document introduced in:

Session 16257: 1910-11-30 14:00:00

The Convention considers the Committee of the Whole report on Election Ordinance Number 2/Proposition Number 148 and Substitute Propositions Number 82, 33, and 6 and adopted the said propositions.

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Substitute Proposition Number 6

There are 0 proposed amendments related to this document on which decisions have not been taken.

A PROPOSITION

Substitute No. 6

Introduced by

COMMITTEE ON LEGISLATIVE DEPARTMENT, DISTRIBUTION OF POWERS AND APPORTIONMENT

A Proposition Relative to Legislative Department

It is hereby proposed:

Section 1. Until otherwise provided by law the Senate shall consist of 19 members, and the House of Representatives of 35 members, which Senators and Representatives shall be apportioned among the several counties as follows:

Apache County, 1 Senator, 1 Representative; Cochise County, 2 Senators, 7 Representatives; Coconino County, 1 Senator, 1 Representative; Gila County, 2 Senators, 3 Representatives; Graham County, 1 Senator, 2 Representatives; Greenlee County, 1 Senator, 2 Representatives; Maricopa County, 2 Senators, 6 Representatives; Mohave County, 1 Senator, 1 Representative; Navajo County, 1 Senator, 1 Representative; Pima County, 2 Senators, 3 Representatives; Pinal County, 1 Senator, 1 Representative; Santa Cruz County, 1 Senator, 1 Representative; Yavapai County, 2 Senators, 4 Representatives; Yuma County, 1 Senator, 2 Representatives.

Section 2. No person shall be a member of the Legislature who is not a citizen of the United States at the time of his election, nor unless he shall be at least twenty-five years of age, and shall have been a resident of Arizona at least three years and of the county from which he is elected at least one year from his election.

Section 3. The sessions of the Legislature shall be held biennially at the Capital of the State, and except as to the first session thereof, shall commence on the second Monday of January next after the election of members of the Legislature. The first session shall convene not less than thirty nor more than sixty days after the admission of the State into the Union. The Governor may call a special session whenever in his judgment it is advisable. In calling such special session, the Governor shall specify the subjects to be considered at such session, and at such session no laws shall be passed except such as relate to the subjects mentioned in such call.

Section 4. No person holding any public office of profit or trust under the authority of the United States, or this State, shall be a member of the Legislature; provided, that appointments in the State militia and the offices of notary public, justice of the peace, United States commissioner, and postmaster of the fourth class, shall not work disqualification for membership within the meaning of this section.

Section 5. No member of the Legislature, during the term for which he was elected, shall be appointed or elected to any civil office of profit within this State, which shall have been created, or the emoluments of which shall have been increased, during the term for which he was elected.

Section 6. Members of the Legislature shall be privileged from arrest in all cases except treason, felony, and breach of the peace and they shall not be subject to any civil process during the session of the Legislature, nor for fifteen days next before the commencement of each session.

Section 7. No member of the Legislature shall be liable in any civil action or criminal prosecution for words spoken in debate.

Section 8. Each house, when assembled, shall choose its own officers, shall judge of the election and qualification of its own members, and determine its own rules of procedure.

Section 9. The majority of the members of each house shall constitute a quorum to do business, but a smaller number may meet, adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each house may prescribe. Neither house shall adjourn for more than three days, nor to any place other than that in which they may be sitting, without the consent of the other.

Section 10. Each house shall keep a journal of its proceedings, and the ayes and nays on roll call on any question shall at the request of two members be entered.

Section 11. Each house may punish its members for disorderly behavior, and may with the concurrence of two-thirds of its members expel any member.

Section 12. Every bill shall be read in full on three different days, in each house. The reading of the bill by sections on its final passage shall in no case be dispensed with, and the vote on its final passage shall be taken by ayes and nays on roll call. Every measure when finally passed shall be presented to the Governor for his approval or rejection.

Section 13. Every act shall embrace but one subject and matters properly connected therewith, such subject shall be expressed in the title; but if any subject shall be embraced in an act which shall not be expressed in the title, such an act shall be void only as to so much thereof as shall not be embraced in the title.

Sec. 14. No act shall be revised or amended by mere reference to its title, but the section as amended shall be set forth and published at full length.

Section 15. A majority of all members elected to each house shall be necessary to pass any bill and all bills so passed shall be signed by the presiding officer of each house.

Section 16. Any member of the Legislature shall have the right to protest and have the reasons of his protest entered on the journal.

Section 17. The Legislature shall never grant any extra compensation to any public officer, agent, servant or contractor after the services shall have been rendered or the contract entered into, nor shall the compensation of any public officer be increased or diminished during his term of office.

Section 18. The Legislature shall direct by law in what manner and in what courts suits may be brought against the State.

Section 19. The Legislature shall not pass any law or laws limiting the amount of liability for personal injuries, or injuries resulting in death.

Section 20. The Legislature 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 the law of descent or succession.

(5) Regulating the practice of courts of justice.

(6) For limitation of civil action 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) Conduct of elections.

(12) Affecting the estates of deceased persons or of minors.

(13) Granting to any corporation, association, or individual of 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 empaneling of juries.

(20) When a general law can be made applicable.

Section 21. The general appropriation bill shall embrace nothing but appropriations for the different departments of the State, State institutions, for public schools, and interest on the public debt. All other appropriations shall be made by separate bills, each embracing but one subject.

Section 22. The members of the first Legislature shall hold office until January 1, 1913. The terms of office of the members of succeeding Legislatures shall be two years.

Section 23. Until otherwise provided by law, members of the Legislature shall receive a per diem of eight dollars per day; provided that the salaries of the members of the legislature herein enumerated shall be paid by the counties which they represent and provided, however, that they shall receive such per diem for a period not to exceed sixty days in any one session. They shall also receive mileage one way by the shortest practicable route at the rate of twenty cents per mile.

Section 24. 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, other than the officers or men of the National Guard travelling under order, and the Legislature shall pass laws to enforce this provision.

Decisions yet to be taken

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