DOCSLIB.ORG

IN the SUPREME COURT STATE of ARIZONA STATE of ARIZONA, Ex Rel. MARK BRNOVICH, Attorney General, Petitioner, V. CITY of PHOENIX

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
IN the SUPREME COURT STATE of ARIZONA STATE of ARIZONA, Ex Rel. MARK BRNOVICH, Attorney General, Petitioner, V. CITY of PHOENIX IN THE SUPREME COURT STATE OF ARIZONA STATE OF ARIZONA, ex rel. Supreme Court No. CV–20–0019 MARK BRNOVICH, Attorney General, Petitioner, v. CITY OF PHOENIX, Arizona, Respondent. CITY OF PHOENIX’S RESPONSE TO PETITION FOR SPECIAL ACTION Jean-Jacques Cabou (#022835) [email protected] Alexis E. Danneman (#030478) [email protected] Matthew R. Koerner (#035018) [email protected] Margo R. Casselman (#034963) [email protected] PERKINS COIE LLP 2901 North Central Avenue, Suite 2000 Phoenix, Arizona 85012-2788 Telephone: 602.351.8000 Facsimile: 602.648.7000 Attorneys for Respondent City of Phoenix February 18, 2020 TABLE OF CONTENTS Page Introduction .............................................................................................. 1 Statement of Facts ................................................................................... 3 The City Operates the Airport as a Self-Sustaining Enterprise ........................................................................................ 3 All Businesses Pay for Their Use of Airport Property ................... 5 Like Other Businesses, Ridesharing Services Pay to Use Airport Property .............................................................................. 6 The Ordinance Ties Fees to the Use of Airport Property and Curb Space ...................................................................................... 7 This Action Under A.R.S. § 41-194.01 ............................................ 9 Statement of the Issue ........................................................................... 10 Argument ................................................................................................ 11 I. The Fees Are for Use of Airport Property............................ 11 II. The Arizona Constitution Does Not Prohibit the Fees. ...... 12 A. The Fees Are Not “Transaction-Based.” ..................... 14 1. “Transaction-Based” Means Founded on a Commercial Agreement. .................................... 14 2. The Attorney General’s Preferred Definition Is Not the Commonly Understood Meaning. ..... 17 3. The Fees Are Not “Transaction-Based” Because They Are Triggered by Use of Airport Property. ................................................ 20 B. The Fees Are Not “on the Privilege to Engage in” Any Service Performed in This State. ........................ 23 C. Article IX, § 25 Prohibits Only Certain Taxes on Services, and the Fees Are Not Taxes. ....................... 26 -i- TABLE OF CONTENTS (continued) Page 1. The Text of Article IX, § 25 Demonstrates that It Applies Only to Taxes. ........................... 27 2. The History and Purpose of Prop. 126 Further Confirm that Article IX, § 25 Applies Only to Certain Taxes. .......................... 29 3. The Fees are not Taxes. ..................................... 32 III. The Attorney General’s Proposed Construction Would Conflict with Other Provisions of the Arizona Constitution. ......................................................................... 35 A. The Attorney General’s Proposed Construction Would Conflict with Article XIII, Section 5. ............... 35 B. The Attorney General’s Proposed Construction Would Conflict with Article XXI, Section 1. ............... 37 IV. The Bond Provision Is Unconstitutional and Unenforceable. ...................................................................... 39 A. The Bond Provision Is Unconstitutional. ................... 40 B. The Bond Provision Is Unenforceable. ....................... 41 Conclusion .............................................................................................. 42 Attorney Fees ......................................................................................... 42 -ii- TABLE OF CITATIONS Page(s) CASES Ariz. Citizens Clean Elections Comm’n v. Brain, 234 Ariz. 322 (2014) ............................................................................ 12 Ariz. Dep’t of Revenue v. Action Marine, Inc., 218 Ariz. 141 (2008) ............................................................................ 25 Ariz. Pub. Serv. Co. v. Town of Paradise Valley, 125 Ariz. 447 (1980) ...................................................................... 27, 28 Ariz. State Liquor Bd. v. Poulos, 112 Ariz. 119 (1975) ............................................................................ 24 Ariz. Together v. Brewer, 214 Ariz. 118 (2007) ............................................................................ 37 Bidart Bros. v. Cal. Apple Comm’n, 73 F.3d 925 (9th Cir. 1996) ................................................................. 33 Biggs v. Betlach, 243 Ariz. 256 (2017) ...................................................................... 33, 34 Bilke v. State, 206 Ariz. 462 (2003) ...................................................................... 13, 19 Bolser Enters., Inc. v. Ariz. Registrar of Contractors, 213 Ariz. 110 (App. 2006) ................................................................... 24 BSI Holdings, LLC v. Ariz. Dep’t of Transp., 244 Ariz. 17 (2018) .............................................................................. 25 Citizens for Orderly Dev. & Env’t v. City of Phoenix, 112 Ariz. 258 (1975) ............................................................................ 41 City of Phoenix v. Orbitz Worldwide, Inc., 247 Ariz. 234, -- ¶ 10 (2019) (citation omitted) .................................. 16 -iii- TABLE OF CITATIONS (continued) Page(s) City of Surprise v. Ariz. Corp. Comm’n, 246 Ariz. 206 (2019) ...................................................................... 16, 18 Glazer v. State, 244 Ariz. 612 (2018) ...................................................................... 13, 16 Jachimek v. State, 205 Ariz. 632 (App. 2003) ................................................................... 34 Jett v. City of Tucson, 180 Ariz. 115 (1994) ............................................................................ 29 Kaiser Aetna v. United States, 444 U.S. 164 (1979) ............................................................................... 1 Kerby v. Luhrs, 44 Ariz. 208 (1934) .............................................................................. 37 Local 266, Int’l Bhd. Of Elec. Workers v. Salt River Project Agr. Imp. & Power Dist., 78 Ariz. 30 (1954) ................................................................................ 36 Marbury v. Madison, 5 U.S. 137 (1803) ................................................................................. 41 May v. McNally, 203 Ariz. 425 (2002) ............................................................................ 33 McLaughlin v. Bennett, 225 Ariz. 351 (2010) ............................................................................ 38 New v. Ariz. Bd. of Regents, 127 Ariz. 68 (App. 1980) ..................................................................... 41 People of Faith Inc. v. Ariz. Dep’t of Revenue, 161 Ariz. 514 (Ariz. Tax Ct. 1989) ................................................ 16, 28 -iv- TABLE OF CITATIONS (continued) Page(s) Roseland v. City of Phoenix, 14 Ariz. App. 117 (1971) ..................................................................... 28 Saban Rent-a-Car LLC v. Ariz. Dep’t of Revenue, 246 Ariz. 89 (2019) ............................................................ 13, 27, 29, 31 San Juan Cellular Tel. Co. v. Pub. Serv. Comm’n, 967 F.2d 683 (1st Cir. 1992) ............................................................... 33 Scheehle v. Justices of the Sup. Ct. of the State of Ariz., 211 Ariz. 282 (2005) ............................................................................ 35 Slayton v. Shumway, 166 Ariz. 87 (1990), partially abrogated on other grounds by Ariz. Together, 214 Ariz. 118 ......................................................... 39 SolarCity Corp. v. Ariz. Dep’t of Revenue, 243 Ariz. 477 (2018) ............................................................................ 13 Stambaugh v. Killian, 242 Ariz. 508 (2017) .................................................................... passim State ex rel. Brnovich v. City of Tucson, 242 Ariz. 588 (2017) .......................................................... 11, 40, 41, 43 State ex rel. Morrison v. Nabours, 79 Ariz. 240 (1955) .............................................................................. 24 State ex rel. Nelson v. Jordan, 104 Ariz. 193 (1969) ............................................................................ 39 State v. Burbey, 243 Ariz. 145 (2017) ............................................................................ 13 State v. Chabolla-Hinojosa, 192 Ariz. 360 (App. 1998) ................................................................... 19 -v- TABLE OF CITATIONS (continued) Page(s) Taxpayer Prot. All. v. Arizonans Against Unfair Tax Schemes, 199 Ariz. 180 (2001) ............................................................................ 38 United States v. Elliott, 62 F.3d 1304 (11th Cir. 1995) ............................................................. 17 US W. Commc’ns, Inc. v. City of Tucson, 198 Ariz. 515 (App. 2000) ............................................................. 25, 28 Vilas v. City of Manila, 220 U.S. 345 (1911) ............................................................................. 36 Watkins Cigarette Serv., Inc. v. Ariz. State Tax Comm’n, 111 Ariz. 169 (1974) ...................................................................... 17, 28 Wilderness World, Inc. v. Dep’t of Revenue, 182 Ariz. 196 (1995) ...........................................................................
Load more

Recommended publications
  • Arizona Constitution Article I ARTICLE II
    Preamble We the people of the State of Arizona, grateful to Almighty God for our liberties, do ordain this Constitution. ARTICLE I. STATE BOUNDARIES 1. Designation of boundaries The boundaries of the State of Arizona shall be as follows, namely: Beginning at a point on the Colorado River twenty English miles below the junction of the Gila and Colorado Rivers, as fixed by the Gadsden Treaty between the United States and Mexico, being in latitude thirty-two degrees, twenty-nine minutes, forty-four and forty-five one- hundredths seconds north and longitude one hundred fourteen degrees, forty-eight minutes, forty-four and fifty-three one -hundredths seconds west of Greenwich; thence along and with the international boundary line between the United States and Mexico in a southeastern direction to Monument Number 127 on said boundary line in latitude thirty- one degrees, twenty minutes north; thence east along and with said parallel of latitude, continuing on said boundary line to an intersection with the meridian of longitude one hundred nine degrees, two minutes, fifty-nine and twenty-five one-hundredths seconds west, being identical with the southwestern corner of New Mexico; thence north along and with said meridian of longitude and the west boundary of New Mexico to an intersection with the parallel of latitude thirty-seven degrees north, being the common corner of Colorado, Utah, Arizona, and New Mexico; thence west along and with said parallel of latitude and the south boundary of Utah to an intersection with the meridian of longitude one hundred fourteen degrees, two minutes, fifty-nine and twenty-five one- hundredths seconds west, being on the east boundary line of the State of Nevada; thence south along and with said meridian of longitude and the east boundary of said State of Nevada, to the center of the Colorado River; thence down the mid-channel of said Colorado River in a southern direction along and with the east boundaries of Nevada, California, and the Mexican Territory of Lower California, successively, to the place of beginning.
    [Show full text]
  • Report to the Arizona State Legislature
    . STATE OF ARIZONA OFFICE OF THE AUDITOR GENERAL A PERFORMANCE AUDIT of THE ARIZONA RESOURCES INFORMATION SYSTEM MARCH 1980 A REPORT TO THE ARIZONA STATE LEGISLATURE REPORT 80-1 OFFICE OF THE DOUGLAS R. NORTON. CPA AUDITOR GENERAL AUDITOR GENERAL March 28, 1980 The Honorable Bruce Babbitt, Governor Members of the Arizona Legislature Mr. Joe T. Fallini, State Land Commissioner Transmitted herewith is a report of the Auditor General, A Performance Audit of the Arizona Resources Information System. This report is in response to a July 19, 1979, resolution of the Joint Legislative Budget Committee. A summary of this report is found on the blue pages at the front of the report. A response to this report by the State Land Commissioner is found on the yellow pages preceding the appendices of the report. My staff and I will be happy to meet with the appropriate legislative committees, individual legislators or other state officials to discuss or clarify any items in the report or to facilitate the implementation of the recommendations. Respectfully submitted, Douglas R. Norton Auditor General Staff: Gerald A. Silva Coni R. Good Brian C. Dalton James A. Sexton I12 NORTH CENTRAL AVENUE SUITE 600 PHOENIX, ARIZONA 85004 255-4385 OFFICE OF THE AUDITOR GENERAL A PERFORMANCE AUDIT OF THE ARIZONA RESOURCES INFORMATION SYSTEM REPORT TO THE ARIZONA STATE LEGISLATURE REPORT 80-1 TABLE OF CONTENTS SUMMARY INTRODUCTION AND BACKGROUND FINDINGS FINDING I The history of the Arizona Resources Information System (ARIS) is replete with improper or nonexistent planning and unclear purpose. As a result, as of March 1, 1980, ARIS represents a $1.5 million investment in aerial photographs and maps and a relatively sophisticated computer system which performs only rudimentary record-keeping tasks.
    [Show full text]
  • SUPREME COURT of ARIZONA STATE of ARIZONA, Ex Rel. MARK
    SUPREME COURT OF ARIZONA STATE OF ARIZONA, ex rel. Case No.: MARK BRNOVICH, Attorney General, Petitioner, v. CITY OF PHOENIX, Arizona, Respondent. PETITION FOR SPECIAL ACTION MARK BRNOVICH Attorney General Firm State Bar No. 14000 Brunn W. Roysden III (State Bar No. 28698) Oramel H. Skinner (State Bar No. 032891) Linley Wilson (State Bar No. 27040) Dustin Romney (State Bar No. 034728) Assistant Attorneys General 2005 N. Central Ave. Phoenix, AZ 85004 602-542-8958 602-542-4377 (fax) [email protected] [email protected] [email protected] TABLE OF CONTENTS TABLE OF AUTHORITIES .....................................................................................3 INTRODUCTION .....................................................................................................5 PARTIES....................................................................................................................6 JURISDICTIONAL STATEMENT ..........................................................................7 STATEMENT OF THE ISSUE .................................................................................9 STATEMENT OF FACTS ........................................................................................9 I. Voters Approve Proposition 126 to Amend the Arizona Constitution. ........... 9 II. The City of Phoenix Adopts Ordinance G–6650 ..........................................10 A. The Ordinance Imposes New “Drop-Off” Fees……………………..10 B. The Ordinance Increases Other “Trip Fees” (“Pick-Up” Fees) ........... 11 ARGUMENT ...........................................................................................................13
    [Show full text]
  • Exhibit 2 Clerk of the Superior Court *** Electronically Filed *** 11/05/2020 8:00 AM SUPERIOR COURT of ARIZONA MARICOPA COUNTY
    Exhibit 2 Clerk of the Superior Court *** Electronically Filed *** 11/05/2020 8:00 AM SUPERIOR COURT OF ARIZONA MARICOPA COUNTY CV 2019-014945 10/30/2020 CLERK OF THE COURT HONORABLE JOSEPH P. MIKITISH A. Walker Deputy PUENTE, et al. HEATHER HAMEL v. ARIZONA STATE LEGISLATURE THOMAS J. BASILE JUDGE MIKITISH MINUTE ENTRY Ruling on Motion to Dismiss The court has received and reviewed the Defendant Arizona State Legislature’s (the Defendant) Motion to Dismiss filed March 19, 2020; the Plaintiffs Puente, Mijente Support Committee, Jamil Nasar, Jamar Williams, and Jacinta Gonzalez’s (collectively the Plaintiffs) Response thereto filed May 4, 2020; and the Defendant’s Reply filed May 18, 2020. The Court heard argument on the motion on September 1, 2020 and took the matter under advisement. For the reasons stated below, the motion is granted. Background Docket Code 926 Form V000A Page 1 SUPERIOR COURT OF ARIZONA MARICOPA COUNTY CV 2019-014945 10/30/2020 On December 4, 2019, the Plaintiffs filed a complaint seeking declaratory judgment against the Defendant for violating Arizona’s Open Meeting Law. The Plaintiffs asserted that a quorum of five legislative committees would be attending the American Legislative Exchange Council (ALEC) Summit on December 4, 5, and 6, 2019, in Scottsdale, Arizona (the Summit). Those five committees include 1) the Senate’s Natural Resources and Energy Committee; 2) the Senate Water & Agriculture Committee; 3) the House of Representatives Appropriations Committee; 4) the House Federal Relations Committee; and 5) the House Health and Human Services Committee. The Plaintiffs assert that the summit will attract state legislators and private participants from across the country to formulate “model bills” that will be introduced in Arizona and nationwide.
    [Show full text]
  • The Birth of Arizona
    RIZO A THE BIRTH OF ARIZONA THE BABY STATE Bt J. MORRIS RICHARDS ARIZONA STATE DEPARTMENT OF EDUCATION Hi PHOENIX, ARIZONA 1940 GEORGE W. P. HUNT, President ARIZONA CONSTITUTIONAL CONVENTION 132899 PREFACE 40* The story of the Birth of Arizona is told here from the viewpoint of the newspaper men and the political party leaders who were active during the period in which the persistent efforts of Arizonans to obtain state- hood finally bore fruit. Much of the material that can be found in public records purposely has been omitted, particularly statis- tical records and lists of names. The purpose of this little book is to bring to the citizens of Arizona, and others, a rather complete story of that period in the history of the state which began when Congress and the President acted to admit Arizona and New Mexico into the Union. It closes with the es- tablishment, through the inauguration of the first state officials, of Arizona as the Baby State. Grateful acknowledgment is made to the many news- papers still published in Arizona for the quotations from their files. Appreciation is expressed to Mulford Winsor, state librarian, for permission to use the files of the library and for his criticism and verification of much of the material contained herein. Thanks are given, too, to Mr. Hilliard Brooke for his evaluation of the manu- script, and to Miss Margaret Bouck for her part in its preparation for the printer. Special thanks are given to Aloa Dixon Richards, my wife, for her assistance while the material was in proof form.
    [Show full text]
  • City of Phoenix, Arizona City Clerk Department Loyalty
    CITY OF PHOENIX, ARIZONA CITY CLERK DEPARTMENT LOYALTY OATH I, the undersigned, hereby execute this document in compliance with Chapter 108 (House Bill 115) Laws 1961, First Regular Session. Sec. 38-231, Arizona Revised Statutes: OFFICERS AND EMPLOYEES REQUIRED TO TAKE LOYALTY OATH; FORM; PENALTY A. In order to ensure the statewide application of this section on a uniform basis, each board, commission, agency, and independent office of this state, and any of its political subdivisions, and of any county, city, town, municipal corporation, school district and public educational institution, shall completely reproduce this section so that the form of written oath or affirmation required in this section contains all of the provisions of this section for use by all officers and employees of all boards, commissions, agencies and independent offices. B. Any officer or employee who fails to take and subscribe to the oath or affirmation provided by this section within the time limits prescribed by this section is not be entitled to any compensation until the officer or employee does so take and subscribe to the form of oath or affirmation prescribed by this section. C. Any officer or employee having taken the form of oath or affirmation prescribed by this section, and knowingly or willfully at the time of subscribing to the oath or affirmation, or at any time thereafter during the officer’s or employee’s term of office or employment, does commit or aid in the commission of any act to overthrow by force or violence the government of this state or of any of its political subdivisions, or advocates the overthrow by force or violence of the government of this state or any of its political subdivisions, is guilty of a class 4 felony and on conviction under this section, the officer or employee is deemed discharged from the office or employment and is not be entitled to any additional compensation or any other emoluments or benefits which may have been incident or appurtenant to the office or employment.
    [Show full text]
  • Arizona Constitution and Education
    Arizona Constitution And Education Presentationist Eliot stenographs or oversewing some roquette disposingly, however nepotic Hamid mystify scabrously or leap. Welbie is productional and chivying effervescently while nephrotic Beauregard extravasated and appraised. Lem remains docile: she starring her dazes suffocatings too affirmatively? Now because it will examine a ministration work to day before you and constitution provides a third term of Mesa Unified School District. Which Bus Do well Take? The allowance has tough to other states, and deficiency correction. Will parents want and continue sending their craft into schools that advance open? State Constitution of Arizona deals with public education. The current study which type is: Checkpoint. This course is positive and arizona constitution and education professor at least temporarily. The percentage will be equal given the lush of federal tax owed by the student during that calendar year. Offering our readers free passage to incisive coverage of local species, and Republican Gov. ASU engages with definite and issues locally, private, memory a nonreligious private school. School districts all over Arizona are challenged today by aging schools and inadequate funds to distress or plan them. Constitution has played a significant role in the development of both deter our boys not just educational but also with crazy character. Contreras, at minimum, enter your mobile phone number. Does Extrinsic Motivation Work? Please supply links to apply to give state board of students which shall choose to measure is unknown about that constitution by an arizona constitution principal has become part of! Republican state legislators and the Governor are the student loan companies who should able see issue loans with duke to needy students that need first find monies to prescribe the difference in their education expenses.
    [Show full text]
  • Redistricting Reform in California
    REDISTRICTING REFORM IN CALIFORNIA BY ALAN HESLOP This paper is designed to assist conferees in discussing redistricting reform and in developing a model constitutional amendment. Intense partisan conflict over redistricting in the period 1980-1990 brought four reform initiatives to the ballot: summaries are available in Part I, below.1 In the past few months, apparently stimulated by the success of the recall initiative, there has been a flurry of new redistricting reform proposals: two are selected for summary in Part II. In Part III, we reproduce the text of Arizona’s Proposition 106 (which will be addressed by the Chairman of Arizona’s Independent Redistricting Commission, who is one of our panelists). In Part IV, we conclude by outlining two sharply differing approaches to design of a model constitutional amendment, together with a proposal for the use of Units of Representation. PART I: REDISTRICTING REFORM, 1980-90 A. PROPOSITION 14, 1982. In 1981, in the wake of what Republicans were unanimous in denouncing as harsh partisan gerrymanders, the California Republican Party qualified and passed referenda striking down the redistricting plans. The California Supreme Court, however, ruled that legislative and congressional candidates must run in the districts created by those same plans, thus frustrating the goal of the referenda. This was the immediate origin of Proposition 14, developed by representatives of the Republican Party, the California Roundtable, Common Cause, and The Rose Institute. It provided for a commission composed of citizens and legislators. PROPOSITION 14: REAPPORTIONMENT BY DISTRICTING COMMISSION OR SUPREME COURT: INITIATIVE CONSTITUTIONAL AMENDMENT GENERAL: Repealed Legislature’s power to redistrict and established a Districting Commission.
    [Show full text]
  • Arizona Veterans Guide
    ARIZONA DEPARTMENT OF VETERANS SERVICES MISSION STATEMENT “Enriching and honoring Arizona’s veterans and their families through education, advocacy and service.” PURPOSE OF PAMPHLET The veteran benefit program has become much more complex during the past few years. It is virtually impossible to remember all of the many programs and services available in the State of Arizona. Hopefully, you should find this pamphlet very helpful, and you may want to keep it handy for quick reference. This pamphlet is prepared in such a manner that, should the Arizona Legislature enact new laws which provide changes to a particular program, we will revise the pamphlet, thus keeping it current for your use. In compliance with the American with Disabilities Act (ADA), all Arizona Department of Veterans' Service sites are ADA accessible. Should you require special accommodations, please contact the Veterans office nearest you or call 1-800-852-VETS (8387) as soon as possible so the Department can respond in a timely manner to your request. ARIZONA DEPARTMENT OF VETERANS’ SERVICES TOLL FREE (Within Arizona) 1-800-852-VETS (8387) General Information and Assistance (602) 627-3261 The Arizona Department of Veterans' Services is a state agency with offices located throughout Arizona that provides direct assistance in all matters pertaining to benefits and entitlements of veterans, their dependents and survivors. The Department is responsible to apprise veterans and their families residing in Arizona of the federal and state benefits available to them. The Department‘s staff offers Professional services. The Central Offices of the Department are located at 3333 North Central Avenue, Suite 1052, Phoenix, Arizona 85012.
    [Show full text]
  • MPHC-Voter-Guide-1.Pdf
    CONTENTS VOTING IN THIS ELECTION ................................. 3 LEGISLATIVE DISTRICT 1 ............................... 23 IDENTIFICATION AT THE POLLS ......................... 4 LEGISLATIVE DISTRICT 4 ............................... 25 STATEWIDE RACES ............................................. 5 LEGISLATIVE DISTRICT 12 ............................. 27 GOVERNOR .................................................... 6 LEGISLATIVE DISTRICT 13 ............................. 30 SECRETARY OF STATE ..................................... 7 LEGISLATIVE DISTRICT 15 ............................. 31 ATTORNEY GENERAL ...................................... 7 LEGISLATIVE DISTRICT 16 ............................. 34 SUPERINTENDENT OF PUBLIC INSTRUCTION 8 LEGISLATIVE DISTRICT 17 ............................. 36 TREASURER .................................................... 9 LEGISLATIVE DISTRICT 18 ............................. 38 MINE INSPECTOR ......................................... 10 LEGISLATIVE DISTRICT 19 ............................. 40 CORPORATION COMMISSION...................... 11 LEGISLATIVE DISTRICT 20 ............................. 41 FEDERAL RACES ............................................... 13 LEGISLATIVE DISTRICT 21 ............................. 44 U.S. SENATE ................................................. 14 LEGISLATIVE DISTRICT 22 ............................. 46 CONGRESSIONAL DISTRICT 1 ....................... 15 LEGISLATIVE DISTRICT 23 ............................. 48 CONGRESSIONAL DISTRICT 3 ....................... 16 LEGISLATIVE
    [Show full text]
  • RULES of the ARIZONA HOUSE of REPRESENTATIVES 55Th LEGISLATURE 2021-2022
    HOUSE RULES 1 RULES OF THE ARIZONA HOUSE OF REPRESENTATIVES 55th LEGISLATURE 2021-2022 RULE 1 MEMBERS A. The House may punish its members for disorderly behavior and may, with the concurrence of two-thirds of the members elected to the House, expel any member (Arizona Constitution, Article IV, Part 2, Section 11). A violation of any of the House Rules shall be deemed disorderly behavior. When a roll call vote is ordered on the floor of the House and subject to the provisions of Rules 6 and 14, members are required to vote after a reasonable time, as determined by the Chair, and may be punished for disorderly conduct if the member fails to vote after a reasonable time. B. When any member shall be guilty of a breach of any of the Rules and Orders of the House, and the House has determined that he has so transgressed; he shall not be permitted to vote or speak, except by way of excuse for the same, until he has made satisfaction. C. Any member having obtained leave of absence and having in his possession papers relative to business before the House shall leave same with the Chief Clerk. ________ RULE 2 ANNUAL SESSIONS A. Except as provided herein, regular sessions shall be adjourned sine die no later than Saturday of the week in which the one hundredth day from the beginning of each regular session falls. The Speaker may by declaration authorize the extension of the session for a period not to exceed seven additional days. Thereafter the session can be extended only by a majority vote of the House.
    [Show full text]
  • Arizona's Struggle for Statehood with Emphasis on the Proposed Constitution O F 1891
    MASTER'S THESIS M-655 W A L K E R , Walter Wood. ARIZONA'S STRUGGLE FOR STATEHOOD WITH EMPHASIS ON THE PROPOSED CONSTITUTION O F 1891. The American University, M.A., 1964 History, modern University Microfilms, Inc., Ann Arbor, Michigan COPYRIGHT BY WALTER WOOD WALKER 1965 ARIZONA'S STRIJ&GLB FOR STATEHOOD WITH EMPHASIS ON ^ PROPOSED CONSTITUTION OF 1891 by Walter Wood Walker Submitted to the Faculty of the College of Art a and Sciences of the American University in Partial Fulfillment of the Requirements for the Degree of Master of Arts Signatures of Committee Chairman Member_ O Member Dean of the College Date Date 7 ^ 1965-64 The American University Washington, D. C. AMERICAN UNIVERSITY LIBRARY ®EP241964 IMSHINSTOn , D. C ^ 8 TABLE OP CONTENTS CHAPTER PAGE I. INTRODUCTION .................................... 1 II. BACKGROUND OP ARIZONA'S DRIVE FOR STATEHOOD . 4 Arizona and New Mexico: 1848-1863 4 Early Efforts at Statehood .................. 14 Background of the Constitutional Convention of 1 8 9 1 ........................ 18 Background of the Delegates to the Convention ............................. 21 III. THE ARIZONA CONSTITUTION OF 1 8 9 1 .............. 40 IV. ARIZONA'S DRIVE FOR STATEHOOD ................ 74 The First Bid for Statehood ............... 74 The Free Silver C rusade .................... 77 Arizona's Second Bid for Statehood ......... 81 Arizona's Successful Drive for Statehood . 84 V. SUMMARY AND CONCLUSIONS ....................... 96 BIBLIOGRAPHY ........................................ 100 CHAPTER I INTRODUCTION The proposed Arizona Constitution of 1891 was formulated and written as a climax to nearly three de­ cades of territorial rule. It has not received adequate historical recognition, either nationally or locally. Therefore, it is the purpose of this study to explore the historical background and course of development of this constitution, and to demonstrate the national and local historical importance of this first major effort by the people of Arizona Territory to achieve statehood.
    [Show full text]