xt7zpc2t7h8c https://exploreuk.uky.edu/dips/xt7zpc2t7h8c/data/mets.xml Arizona United States Works Progress Administration 1937 Other contributors include: Robert C. Lowe (Robert Chapin) and David S. Lander under the supervision of A. Ross Eckler; 12 pages, 27 cm; This bulletin is one of a series presenting state constitutional provisions affecting public welfare; Includes bibliographical references; UK holds archival copy for ASERL Collaborative Federal Depository Program libraries; Y 3. W 89/2:36/Ar 4i books English Washington D.C.: Works Progress Administration Contact the Special Collections Research Center for information regarding rights and use of this collection. Analysis of Constitutional Provisions Affecting Public Welfare in the State of Arizona text Analysis of Constitutional Provisions Affecting Public Welfare in the State of Arizona 1937 2015 true xt7zpc2t7h8c section xt7zpc2t7h8c ~§ Q .y·} ;_kp_ yy} ‘
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I "’*I\ I V
A  N N
  WORKS PROGRESS ADMINISTRATION
g HARRY L. HOPKINS, ADMINISTRATOR
% CORRINOTON GILL, ASSISTANT ADMINISTRATOR
_§ HOWARD B. MYERS, DIRECTOR I
»I I 3 DIVISION OF SOCIAL RESEARCH I
    I
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I   I
Ii   ANALYSIS OF CONSTITUTIONAL PROVISIONS
I   AFEECTING PUBLIC WELFARE IN THE STATE OE
I I I ARIZONA I
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jII { MARCH 15, 1957
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J PREPARED BY I J   ¥
. ROBERT C. LOWE AND DAVID S. LANDER    ;· 
J LEGAL RESEARCH SECTION '  A `
J UNDER THE SUPERVISION OF J ,
A. Ross ECKLER, COORDINATOR OF SPECJAL INDDJRJEB  ~ {
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A DIVISION OF SOCIAL RESEARCH ` A `V
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${ PREFACE
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it   This bulletin is one of a series presenting
1 fi R  , State constitutional provisions affecting public wel-
  S  fare, prepared to supplement the State by State digests
  of public welfare laws so as to provide in abstract
  1 form the basis for the public welfare services of the
_ ; several States.
T i
’ V s
_ · The provisions quoted are those concerned
1 ‘ directly with public welfare administration and such
,  L others as may substantially affect a public welfare
I
, v  { program, even though only indirectly related. It would
g   be impossible to consider within the limits of this
I _   |‘ study every remotely connected constitutional provi-
  sion. The indirectly related provisions included,
@     therefore, have been restricted to those concerning
·  T " finance, legislation, and the methods of constitutional
T Q  amendment .
 ~ r
T t  i An attempt has been made, by acareful selec-
Z Q  tion of the most recent cases decided by the highest
S { g courts of the States, to indicate wherever possible how
·   these provisions have been construed. These cases are
I    K ‘ included in footnotes appended to the constitutional
T {   » ` provisions shown.
. ;:!
A l   It is hoped that these abstracts will be
l  ’» useful to those interestedin public welfare questions
_ G  5, v in indicatinghow State andlocal public welfare admin-
i   { istration may be affectedby constitutional powers and
f   limitations.
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 CONTENTS
' Page
Incidence of Responsibility for Welfare Program .................. 1
Financial Powers and Limitations ................................. 1
Taxation and Assessments .................................... 1
Exemptions .................................................. 4
Borrowing and Use of Credit ................................. 5
Other Income ................................................ 7
Appropriations and Expenditures ............................. 8 .
Provisions Affecting legislation .............................. o.. 8
Constitutional Amendment or Revision ............................. 11
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ii Arizona g
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Q ANALYSIS OF CONSTITUTIONAL PROVISIONS AFFECTING
2; WELFARE IN THE STATE OF ARIZONA1 V
TQ I. Incidence of Responsibility for Welfare Program
if A. Reformatory and penal institutions and institutions forthe
9. benefit of the insane, blind, deaf, and mute, andsuch other institutions
,f as the public good may require,shall be established and supported by the
Qi State in such manner as may be prescribed by law.2
QJ B. * * * The legislature shall also enact such laws as
fj shall provide for the education and care of the deaf, dumb, and blind.5
li C. It shall be unlawful to confine any minor under the age of
?; eighteen years, accused or convicted of crime, inthe same section of any
jg jail or prison in which adult prisoners are confined. Suitable quarters
{ shall be prepared for the confinement of such minors.4
3 D. No child under the age of 14years shall be employed in any
g gainful occupation at any time during theliours in which the public schools
Q of the district in which the child resides are in session; nor shall any
,§ child under 16 years of age be employed underground in mines, or in any
Ag occupation injurious to health or morals or hazardous to life or limb;
§ nor in any occupation at night, orfor more than eight hours in any day.5
Q II. Financial Powers and Limitations
jév A. Taxation and Assessments
  (1) State
fg (a) The power·oftaxation shall never be surrendered,
_Q suspended, or contracted away. All taxes shall be uniform upon the same
It class of property within the territorial limits of the authority levying
gp 1C0nst1tut1on (adopted 1911), as officially published by the State ofAr1zona and cer-
 1;.  Blfled E0 by the Secretary of State (State Document No. 1425); with all amendments to
‘ ; March 15, 1957.
F5 'The provisions of this constitution are mandatory, unlessby express words they
  &I‘€ declared to be otherwise} Constitution, Art. II, Sec. 52.
fi 2C0nstitut1on, Art. XXII, Sec. 15.
QT' 5Const1tut1on, Art. XI, Sec. 1.
1, 4C0nst1tution, Art. XXII, Sec. 16.
QQ 5C0nst1tut1on, Art. XVIII, Sec. 2.
  1

 2 Arizona  
(  .
TI. Financial Powers and Limitations-—Continued  f` I
A. Taxation and Assessments-Continued    
1  
(1) State—Continued     t
the tax, and shall be levied and collected for public purposes only.6  
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Q2   t
. . .5 u
(b) The lawmaking power shall have authority to pro-   8
vide for the levy and collection of license, franchise, gross revenue,   S
excise, income, collateral and direct inheritance, legacy, and succession   ( 
2
taxes; also graduated income taxes, graduated collateral and direct in- `  ~,
heri tance taxes, graduated legacy and succession taxes, stamp, registration,  j S
production, or other specific taxes.7 {   f
· %
T  ii Y
(c) The legislature shall provide bylaw for an annual     y
tax sufficient, with other sources of revenue, to defray the necessary  
ordinary expenses of the State for each fiscal year. And for thepurpose    { j
of paying the State debt, if there be any, the legislature shall provide   I
for the levying of an annual tax sufficient to pay the annual interest    
and the principal of such debt within 25 years from the final passage of  
the law creating the debt. No tax shall be levied except in pursuance of Q; 
law, and every law imposing a tax shall state distinctly the object of  
_....—.-  
 _`  
6Const1tut1on, Art. IX, Sec. 1.   v
¤The power of the Leglslature over taxation under the Constitution of Arizona is     C
almost plenary. It 1s llmlted only by the requirement of uniformity, found in section    
1, article 9, |;th1s sec.] of the Constitution, the provisions in regard to exemp-   a
tions found ln section 2. article 9, [see p. 4, par. B] and the •due process· and  I;
·equal protect1on· provisions of the Federal Const1tut1on.¤ Oglesby vs. Chandler, `T  C
288 P. 1054. 1058 (1950). Ԥ_  -
The uniformity requirement of this section applies to property taxes only, and  
not to excise taxes. Excise taxes include every form of taxation which ls not a burden  pg
laid directly on property. Gila Meat Companyvs. State, 55 Ariz. 194, 2*76 P. 1 (1929);  
Morris vs. State, 4O Ariz. 52, 9 P. (2d) 404 (1952).    J;
Property taxes may be classified provided the tax is uniform on all members of  it
the same class, and provided the classification ls reasonable and not arbitrary. A . :3
statute for purposes of taxation, which classified tanglbles and intangibles. and  
further divided intangibles lnto classes, imposing a different rate on each class. gm 
was held reasonable and therefore valid. State Tax Commission vs. Shattuck, 44 Ariz.   1
379, 58 P. (2d) 651 (1954).   3
•·The question of what ls a public purpose is a changing question, changing to  
suit lndustrlal inventions and developments, and to meet new social conditions.! The 1   1
existence of an element of business for profit is not conclusive that a proposed ac-  
tlvlty ls not for a public purpose, provided that the primary object of the work ls  Q;
for the general good of all the inhabitants ofthe governmental unit. The construction    
of a municipal ice plant for the purpose of manufacturing 1ce for the inhabitants of  
‘ a clty was held to be a **publ1c purpose" and the city was held authorized to issue  
bonds payable out of municipal taxes for its construction. City of Tombstone vs. ” 
Macia, 50 Ariz. 218, 245 P. 6'7'7 (1926). 2,) 
"The State of Arizona and each municipal corporation within the State of Arizona  
shall have the right to engage in industrial pursults." Constitution, Art. II, Sec.  
54, adopted 1912.  
The above section has been held to mean that a municipality may engage in any  
type of industrial pursuit. Crandall vs. Town of Safford, 56 P. (2d) 660 (1956).  
7Constltut1on, Art. IX, Sec. 12.  
 
, 5

 ··,   I
{;, Arizona 3
F; 
ppl II. Financial Powers and Limitations——Continued
1 €· ‘
  .
pi A. Taxation and Assessments——Continued
ii (1) State——Continued
e_% the tax, to which object only it shall be applied.8 * * *
 In   · ·
,Qg (d) Every law which imposes, continues, or revives a
pgp tax shall distinctly state the tax and the objects for which it shall be
M, applied; and it shall not be sufficient to refer to any other law to fix
5~j such tax or object.9
§ . (e) * * * Whenever the expenses of any fiscalyear ~
§·‘ shall exceed the income, the legislature may provide for levying a tax
ii] for the ensuing fiscal year sufficient, with other sources of income, to
EQ pay the deficiency, aswell astheestimated expenses oftheensuing fiscal
l@, year.1O
mf. (f) The manner, method and mode of assessing, equal~
b», izing and levying taxes in the State of Arizona shall be such as may be
ip prescribed by law.11
gp (2) Counties
[Qi No provisions.
f (3) Other Local Units
,Q` (a) Incorporated cities, towns, and villages may be
E` vested by lawwith power to makelocalimprovements by special assessments
[gf or by special taxation ofproperty benefited. For all corporate purposes,
Qi all municipal corporations may be vested with authority to assess and
 i, 
fa. collect taxes.12
gf; 8C0nst1tut1on, Art. IX, Sec. 3.
Fgg The provision of this section thatevery law imposing a tax shall state the ob-
jf ject ofthe tax has been held to apply only to property taxes, and notto other forms
af; of taxation. City of Glendale vs. Betty, 43 P, (2d) 206 (1935).
iQ` 9C0nst1tut1on, Art. IX, Sec. 9.
is This section has been held to apply only to property taxes, and not to other
§ forms of taxation. City of Glendale vs. Betty, 43 P. (2d) 206 (1935).
2; 1 ·
§* OConst1tut1on, Art. IX, Sec. 4.
'§N 11Const1tut1on, Art. IX, Sec. 11, as amended 1912.
.¥ 1 -
§» 2C0nst1tut1on, Art. IX, Sec. 6.
5 Under this section the power of cities to assess taxes must be conferred by
_§· legislative act. where the Legislature had conferred authority, lt was held that a
p `Q Clty could impose an occupation tax on the privilege of doing ouslness with rates
;?* graduated according to the volume of sales. City of Glendale vs. Betty, 43 P. (2d)
l 3 206 (1935).
j§· Generally speaking, the only limitations upon the exercise ofthe power of spe-
;;' cial assessment are thatthe improvement must be public inits nature, andmust confer
L Qi H SDec1al benefit upon the property assessed. Special assessments, for the purpose
~ f§ of constructing anunderground conduit forelectric wires previously carried on poles
iy_ above ground, were held valid, because such construction was a 'public improvement'
V je and benefited the adjoining property. Irish vs. Hahn, 281 P. 385 (1929).
)*_ Special assessments must be approved by a vote of the real property taxpayers.
__  1, See p. 7, pan (b).
  Q

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I .  ri
4 Arizona ¤g
II. Financial Powers and Limitations-Continued 4Q
A. Taxation and Assessments——Continued *?
(3) Other Local Units-Continued g
sj.
(b) Anycity containing,now orhereafter, a population tj?
of more than 3,500 may frame a charter for its own government consistent jr
with, and subject to, the constitution and the laws of the State, in the §[
following manner:13 * * *. Q
B. Exemptions yé
Thatthere shall be exempt from taxation allFederal, State, i;_
county, and municipal property. Property of educational, charitable, and VE
religious associations or institutions not used or held for profit may ,f
be exempt from taxation by law. Public debt, as evidenced by the bonds IQ
of Arizona, its counties, municipalities, or other subdivisions, shall tg
also be exempt from taxation. There shallbe further exempt from taxation ~§
the property of widows, honorably discharged soldiers, sailors,. United jj
States Marines, members of revenue marine service, and army nurses, res- {
idents of this state, not exceeding the amount of two thousand dollars, pj
where the total assessment of such widow and such other persons named .{
herein does not exceed five thousand dollars; provided, that no such ex- .g
emption shallbe made for such persons other than widows unlessthey shall Q
have served at least sixty days in the military or naval service of the is
United States during time of war, and shall have been residents of this CQ
State prior to January 1, 1927. All property in the State fmt exempt §?
under the laws of the United States or under this constitution,•< >•< =•=.·* It was held not to prevent '
the State from paylng a llfe pension to an employee injured ln the course of State
employment as this was a moral obligation. Fairfield vs. Huntington, 25 Ariz. 528, _
205 P. B14 (1922).
An irrigation dlstrlct was held not to be a ”subd1v1s1on of the State" within *
, the meaning of this section and so was not prohibited from owning stock ln a corpora- _
tlon. Day vs. Buckeye water Conservatlon and Drainage District, 28 Ariz. 466, 257
P. 656 (1925); Maricopa County Municipal water Conservation District No. 1 vs.
l.aPrade, 46 Ar1z. 645, 40 P. (2d) 94 (1955). -
17Const1tut1on, Art. IX, Sec. B, as amended 1912.
Bonds, the proceeds of which were to be used to improve a municipal water and
sewer system, payable solely out of the revenues of the utility, and which were not

 2.
:I 
 E Arizona 7
cy II. Financial Powers and L1m1tat10ns—Cont1nued
 ‘
  C. Borrowing and Use of Cred1t—Cont1nued ·
I (2) Counties and Other Local Units--Continued
 i (b) Questions upon bond issues or special assessments
· shall be submitted to the vote of real property tax payers, who shall
_ also in all respects be qualified electors of this state, and of the po-
litical subdivisions thereof affected by such quest1on.18
D. Other Income
(1) All lands expressly transferred and confirmed to the Y
State by the provisions of the enabling act approved June 20, 1910, in-
cluding all lands granted to the State and all lands heretofore granted .
to the Territory of Arizona, and all lands otherwise acquiredby the State,
shall be by the State accepted and held 1n trust to be disposed of in
whole or in part, only in the manner as in the said enabling act and in
this constitution provided, and for the several objects specified in the
respective granting and confirmatory provisions. The natural products
and money proceeds of any of said lands shall be subject to the same
V trusts as the lands producing the same.19
(2) A permanent State school fund for the use of the common
 A schools shall be derived from the sale of public-school lands or other
`  public lands specified in the enabling act approved June 20, 1910; from
 w all estates or distributive shares of estates that may escheat to the
State; from all unclaimed shares and dividends of any corporation incor-
I porated under the laws of Arizona; and from all gifts, devises, or bequests
made to the State for general educational purposes.
2 The income derived from the investment of the permanent
i State school fund, and from the rental derived from school lands, with
I j general obligations of the Iclty, were held not to constitute a •'debt•• within the
.   meaning of this section. The court stated that since these bonds were payable only
_—  out of the revenues of the plant and were not payable out of general taxation they
 ' were not the kind of indebtedness intended to be covered by thls section. Guthrie
  vs. City of Mesa, 56 P. (2d) 655 (1936). '
  Likewise bonds to be used to purchase a mun1·c1p@ water plant payable solely
¤ out of the revenues of the plant were held not to constitute a 'debt" within the
  meaning of thls section. Crandall vs. Town of Sattord, 56 P. (2d) 660 (1936).
.· An irrigation district was held not to be a •munlc1pa1 corporat10n• within the
  meaning of this section and so the limitations upon borrowing contained in this sec-
  tion did not apply to such districts. Ramlrez vs. Electrlcal District No. 4, Plnal
A County. 37 Ariz. 360, 294 P. 614 (1950); Maricopa County Municipal water Conservation
D1str1ct No. 1 vs. Laprade, 46 Ariz. 643, 40 P. (2d) 94 (1935).
Indebtedness for water, llght, and sewer purposes was held to be ln a separate
( class from that for any other purpose, and ln determining the total amount of in-
debtedness allowed, the two classes must be considered separately. Buntman vs. City
· · of Phoenlx, 32 Ariz. 18, 255 P. 490 (1927).
18Const1tut1on, Art. VII, Sec. 13, as amended 1930.
' . This Sgcgjgn was hgldgg supersede previously enacted constitutional provisions
relating to persons qualified to vote on questions ot bond issues. Allison vs. C1 ty
ot Phoenlx, 44 Ariz. 66, 33 P. (2d) 927 (1934).
1
Z _ 19Const1tut1on, Art. X. Sec. 1.

 8 Arizona
II. Financial Powers and Limitations-—Cont1nued j
D. Other Income——Cont1nued ‘
such other funds as may be provided by law shall be apportioned annually
to the various counties of the Statejxnproportion to the numberof`pup1ls _
of school age residing there1n.2O ·
E. Appropriations and Expenditures
(1) * * * No money shall berpaid out of the State treasury
except in the manner provided by law.Z1
(2) No tax shall be laid or appropriation of public money
made in aid of any church or private or sectarian school or any public-
service corp0rat1on.z2
III. Provisions Affecting Legislation ,
A. Regular Sessions of Legislature l
The sessions of the legislature shallbe held·b1enn1ally at
the capitol.of’the State, and.except as to the first session thereof shall
commence on the second Monday of January next after the election of mem-
bers of the leg1slature.25 * * *
B. Special Sessions of Legislature
* * * 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 suchsesslon, and _
at such sesslon no laws shall be enacted except such as relate to the
subjects mentioned In such call.24
C. Initiative and Referendum
(1) The legislative authorityof the State shall be vested
in a legislature, consisting of a senate and a house of representatives,
but the people reserve the power to propose laws and amendments to the A
constitution andto enact or reject such laws and amendments at the polls
independently of the legislaturegand they also reserve, for use at their
 
2OConst1tutlon, Art. XI, Sec. B.
2,'C0nst1tut1on, Art. IX, Sec. 5.
An approprlatlon need not be madeln any particular form of words norln express
terms so long as there is a clear expression of the legislative will on the subject,
but where an BDDPODYIBLIOH 1s made out or the generalfundlt must D8 speclflc as to
the maximum amount. Crane vs. Frohmiller, 45 P. (2d) 955 (1935).
_ V 22Const1tut1on, Art. IX, Sec. 10. ·
V 25Const1tut1on, Art. IV, Part 2, Sec. 3. `
24Const1tut1on, Art. IV, Part 2, Sec. 5.
This provision was held mandatory, and unless a law passed at a special session
was related to some subject named In the Governor•s call, the Legislature was with-
out power to pass it. McClintock vs. City of Phoenlx, 24 Ariz. 155, 207 P. 611 (1922).

 Arizona 9
g [II. Provisions Affecting Legislation-—Continued
C. Initiative and Referendum-Continued ’
own option, the power to approve or reject at the polls any act,or item,
_ SGCCIOU, or part of any act, of the legislature.25
i (2) 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 em-
powered 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 15
per cent of the qualified electors may propose measures on such local,
city, town, or county matters, and 10 per cent of the electors may pro-
‘ pose the referendum on legislation enacted within and by such c1ty,town,
_ or county. Until provided by general law, said cities and towns may pre-
scribe the basis on which said percentages shall be computed.26
D. Legislative Enactment
(1) * * * to allow opportunity for referendum petitions
no act passedby the legislature shall be operative for 90 days after the
close of the session ofthe 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 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
shallbecome immediately operativeand shall be approvedby the affirmative
votes of two-thirds of the members elected to each house of the legisla-
ture, taken by roll call of ayes and nays,_and also approved by the
25.
Lonstltutlon, Art. IV, Sec. 1 (1)·
Ten percent of the electors have the right _to propose a measure, and fifteen
percent a constitutional amendment. Ibid., Sec._1 (2).
The Legislature, or 5 percent of the electors. may order a referendum on any
measure or part of a measure,”except laws immediately necessaryfor the preservatlon
of the public peace, health or safety, or for the support and maintenance of the
departments of the State Government and State Inst1tut10ns.” Ibid., Sec._1 (5).
The veto power of the Governor shall not extend to initiative or referendum
measures. Ibid., Sec; 1 (6).
Other parts of the section provide for procedure of the Initiative and refer-
endum. Ibid., Sec. 1 (4), (5), (7), (9), (10), (11), (12), (15), (14), and(15).
The exception from the referendum of all laws ”1mmed1ately necessary for the
` preservation of the public peace, health or safety,or for the supportand maintenance
of the departments of the State Government and State Inst1tut1ons* was held not to
mean all laws referring to these subjects but rather to all such laws which were
"lmmedlately necessary.” A statute, creating a department to conduct a State tax
survey and approprlatlng money therefor,was held subject to the referendum. Warner
vs. whlte, 59 Ariz. 205, 4 P. (2d) 1000 (1951).
26Const1tut10n, Art. IV, sec. 1 (B).

  .?
10 Arizona I
III. Provisions Affecting Legislation—Continued
  V
I). Legislative Enactment——Continued
governor· and should such measure be vetoed by the governor it shall not {
’ · .
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