Session laws, State of Arizona, 1945, Seventeenth Legislature, First Special Session, 1946, Seventeenth Legislature, First and Third Special Sessions, 1947, Eighteenth Legislature, First Regular Session

              ACTS
Memorials and Resolutions
of the
REGULAR SE SIO
Eighteenth Legislature
of the
STATE OF ARIZONA
1947
Regular Session Convened January 13, 1947
Regular Session Adjourned Sine Die March 20, 1947
Publication Authorized
Section 4-201, Arizona Code of 1939
(Paragraph 23, Article 2, Chapter 2, Revised Code of 1928)
Chapter 142, Sub. 6, Laws 1947
Regular Session, 18th Legislature
NOTICE : There are a few misspellings, other errors and
punctuation mistakes in the body of this volume, which
originated in the original engrossed copies, and had to be
duplicated herein, so as to conform to such original copies.
AUTHENTICATION
STATE OF ARIZONA
Office of the Secretary of State ~ ss.
THIS IS TO CERTIFY-That the Acts, Memorials and
Resolutions published in this volume, are full, true and cor­rect
copies of the originals, passed at the Regular Session
of the 18th Legislature of the State of Arizona, as they
appear on file in the Office of the Secretary of State of
Arizona.
That the Regular Session of the 18th Legislature of the
State of Arizona was convened at the Capitol, in the City
of Phoenix, January 13, 1947, and adjourned sine die on
the 20th day of March, 1947.
That the Acts, Memorials and Resolutions passed at said
Session were officially published on the 19th day of June,
1947.
IN TESTIMONY WHEREOF, I have here­unto
set my hand as Secretary and affixed
the Great Seal of the State of Arizona, this
19th day of June, 1947.
DAN E. GARVEY, (Signature)
Secretary of State.
County
MEMBERS OF THE SENATE
EIGHTEENTH LEGISLATURE
OF ARIZONA
1947
Name and Part-y Address
Apache-Earl Platt (D) ·····-··-·-----·-····-····················St. Johns
Cochise-Dan Angius (D) -··························-········-······-Bisbee
Cochise-Ralph Cowan (D) ·-··········--···-····-·-·····-········-McNeal
Coconino-John G. Babbitt (D) ···-·-················-···-·'·Flagstaff
Gila-S. L. "Steve" Bixby (D) ··-·····--···············'·········---Globe
Gila-James R. Heron (D) ··-·······································--Globe
Graham-Wesley A. Townsend (D) ····--····················Safford
Greenlee-Fred J. Fritz (D) ··-········-·············-··············Clifton
Maricopa-Marvin E. Smith (D) ············--···············-Phoenix
Maricopa-0. L. McDaniel (D) ····················--·······---Glendale
Mohave-Earle W. Cook (D) ····--·-········--·-·····---------Kingman
Navajo-Lloyd C. Henning (D) .............................. Holbrook
Pima-Hubert H. d'Autremont (D) ···········-·-·-············Tucson
Pima-William F. Kimball (D) .................................. Tucson
Pinal-Lloyd E. Canfil (D) ........................................ Superior
Santa Cruz-W. H. Hathaway (D) .......................... Nogales
Yavapai-A. L. Favour (D) ...................................... Presc.ott
Yavapai-Sam J. Head (D) ...................................... Prescott
Yuma-Hugo B. Farmer (D) ·-······················-··········-····Yuma
MEMBERS OF THE HOUSE
EIGHTEENTH LEGISLATURE
OF ARIZONA
1947
District Name and Party
APACHE COUNTY
Address
Walter Pulsipher (D) __________________________________ St. Johns
COCHISE COUNTY
1. I. A. Rosok (D) --------------------------------------------------Bisbee
2. Carleton W. "Carl" Morris (D) -~------------------Warren
3. Leo F. Foster (D) __________________________________________ Douglas
4. Stuart F. Krentz (D) ____________________________________ Douglas
5. A. R. Spikes (D) ------------------------------------------------Bowie
COCONINO COUNTY
1. F. L. Christensen (D) __________________________________ Flagstaff
2. Jesse L. Boyce (D) ________________________________________ Williams
GILA COUNTY
1. Raymond G. Langham (D) ________________________________ Globe
2. Harold Copp (D) ______________________________________________ Miami
3. W. G. "Rosie" Rosenbaum (D) ______________________ Hayden
GRAHAM COUNTY
1. W. A. McBride (D) ----------------------------------------Safford
2. Milton Lines (D) ----------------------------------------------Safford
GREENLEE COUNTY
James Boyce Scott (D) ____________________________________ Clifton
MAR I COP A COUNTY
1. R. S. "Bob" Hart (D) -------------------------··-----·---Phoenix
1534 W. Monroe
2. Wing F. Ong (D) --------------------------------------------Phoenix
1246 E. Jefferson
3. Fletcher W. Timmerman (D) ------------------------Phoenix
1135 E. Fillmore
4. John E. Hunt (D) --------------------------------·-···-----Phoenix
813 N. 8th A venue
5. G. N. Baker (D) ----------------------------------------------Phoenix
356 N. 1st Avenue
6. Sidney Kartus (D) ----------------------------------------Phoenix
17 40 Grand A venue
7. Mrs. Laura McRae (D) __________________________________ Phoenix
929 East Coronado
8. Jack Cummard (D) ____________________________________________ Mesa
118 N. Robson
9. Mrs. Claire (Wilford) Phelps (D) ______________ Chandler
Box 355A
10. L. Max Connolly (D) ________________________________________ Tempe
514 Mill Avenue
11. W. R. Palmer (D) ------------------------------------------Phoenix
201 N. 17th Street
12. J. M. Combs (D) --------------------------------------------Glendale
Route 2, Box 138
13. W. E. Craig (D) ----------------------------------------Wickenburg
Box 126
14. Thornton Jones (D) ________________________________________ Buckeye
Box 936
15. R. H. Wallace (R) __________________________________________ Phoenix
71 East Pierson
16. Harry Wimberly (D) ______________________________________ Phoenix
23 West Broadway
17. Dwight L. Solomon (D) __________________________________ Phoenix
1454 East Osborn Road
18. M. Joe Murphy (D) ---------------·------------------------Phoenix
922 West Willetta
19. R. D. "Dick" Searles (D) ____________________________ Scottsdale
Route 1
20. Lorna E. Lockwood (D) ________________________________ Phoenix
84 West Cypress
21. AI Lindsey (D) ________________________________________________ Phoenix
800 East Roosevelt
22. H. C. Armstrong (D) ____________________________________ Tolleson
Route 1, Box 68
23. W. W. Franklin (D) --------------------------------------Phoenix
1645 East Culver
MOHAVE COUNTY
E. L. Jameson (D) ________________________________________ Kingman
NAVAJO COUNTY
1. Eva 0. Decker (R) --------------------------------------Snowflake
2. Clay B. Simer (D) ----------------------------------------Winslow
PIMA COUNTY
1. Oscar C. Cole (D) __________________________________________________ Ajo
2. Frank G. Robles (D) -------------··---·---------------···-··Tucson
190 West Franklin
3. Ray Martin (D) ................................................ Tucson
25 East Corral
4. John H. Ayraud (D) ........................................ Tucson
326 West District
5. JohnS. Hardwicke (D) .................................... Tucson
116 North Tyndall
6. Hamilton R. Catlin (D) .................................. Tucson
905 Valley National Building
7. Robert H. Forbes (D) ...................................... Tucson
105 Olive
8. V. S. Hostetter (R) .......................................... Tucson
100 Calle Encanto
9. James W. Ewing (R) ........................................ Tucson
N. Campbell Avenue
PINAL COUNTY
1. Parke T. Gilbert (D) .............................. Casa Grande
2. George Ernst (D) ·-··········--·······-····----·-----··--···-···-··Ray
SANTA CRUZ COUNTY
Raymond E. Earhart (D) ---·-·-·····-·-·-···----------Nogales
YAVAPAI COUNTY
1. R. E. "Bob" Perkins (D) ·-·--····--------···--··---·-·Prescott
Jerome Route
2. Dick W. Martin (R) ------------------------··-·-·-·····--··Prescott
3. Kel M. Fox (D) -·····-··-·--····--·-···------·····-···--·------Sedona
4. Harry E. Metz (D) ···-·······--··--······:·-·-········--····Jerome
YUMA COUNTY
1. Clara Osborne Botzum (D) ---·--·······-·-·-···--·····Parker
2. N. S. McCallum (D) ---··-····--···-··-··········-····---···--Yuma
296 Main Street
ORDER OF
ACTS
ORDER OF ACTS
REGULAR SESSION OF THE EIGHTEENTH
LEGISLATURE, STATE OF ARIZONA
Chapter Title Page
1. H. B. 11. Making an appropriation for the pay­ment
of the current and contingent
expenses of the Eighteenth Legisla­ture,
regular session, and declaring an
emergency. Approved January 20,
1947. Effective January 20, 1947....... 3
2. H. B. 13. Making an emergency appropriation
to the Governor, for the fund for cap­itol
building and grounds, and declar­ing
an emergency. Approved January
20, 1947. Effective January 20, 1947... 4
3. H. B. 12. Making an emergency appropriation
to the department of Library and Ar­chives,
for the state legislative bureau,
and declaring an emergency. (Failed
to pass with sufficient votes to carry
the emergency.) Approved January
24, 1947. Effective June 19, 1947....... 5
4. H. B. 75. Making an appropriation for the pay­ment
of installation of accoustical in­sulation,
and painting the House of
Representatives chambers and com­mittee
rooms, and declaring an emer­gency.
Approved January 28, 1947.
Effective January 28, 1947................... 6
5. H. B. 32. Making a deficiency appropriation to
the Arizona teachers' retirement sys­tem,
and declaring an emergency. Ap­proved
February 4, 1947. Effective
February 4, 1947·---------------------------------- 6
6. H. B. 48. Relating to education; prescribing the
compensation of officers of election,
and amending section 54-411, Arizona
iv ORDER OF ACTS
Chapter Title Page
Code of 1939. Approved February 13,
1947. Effective June 19, 1947..___________ 7
7. H. B. 54. Relating to cities and towns; provid­ing
for the annexation of territory by
volunteer fire companies, and amend­ing
article 20, chapter 16, Arizona
Code of 1939, by adding section 16-
2006a. Approved February 19, 1947.
Effective June 19, 1947.________________________ 8
8. H. B. 46. Relating to the county treasurer; pro­viding
for the correction of errors or
accidents, and amending section 17-
702, Arizona Code of 1939. Approved
February 19, 1947. Effective June 19,
194 7. ------------------------------------------------------ 9
9. H. B. 43. Relating to personal actions, and
amending section 29-201, Arizona
Code of 1939. Approved February 19,
1947. Effective June 19, 1947.____________ 10
10. H. B. 41. Relating to employment security; pro­viding
for the exclusion of real estate
brokers and salesmen from the opera­tion
of employment security; amend­ing
section 56-1002, Arizona Code of
1939; and declaring an emergency.
Approved February 19, 1947. Effec-tive
February 19, 1947. ------------------------ 11
11. H. B. 16. Relating to guardian and ward, and
amending section 42-136, Arizona
Code of 1939. Approved February 20,
1947. Effective June 19, 1947.____________ 21
12. H. B. 68. Making an emergency appropriation
to the State Treasurer, and declaring
an emergency. Approved February 24,
1947. Effective February 24, 1947.____ 22
13. H. B. 241. Making an appropriation to the Ari­zona
state hospital, and declaring an
emergency. Approved February 24,
1947. Effective February 24, 1947.____ 23
14. S. B. 48. Providing for the allocation of excess
ORDER OF ACTS v
Chapter Title Page
·county funds, under certain circum­stances,
to county school funds ; pro­viding
for the apportionment thereof
to school districts, and providing for
the expenditure thereof for school
purposes. Approved February 24,
1947. Effective June 19, 1947. ____________ 23
15. H. B. 49. Relating to adult probation; prescrib-ing
the compensation of the adult pro­bation
officer, his deputies and assist­ants;
amending section 44-2231, Ari­zona
Code of 1939 ; and declaring an
emergency. Approved February 26,
1947. Effective February 26, 1947.____ 24
16. H. B. 103. Relating to the legislature, providing
for the reimbursement of members for
expenditures for subsistence and lodg­ing,
and declaring an emergency.
(Failed to pass with sufficient votes to
carry the emergency.) Disapproved
February 27, 1947. Passed, the Gov­ernor's
veto to the contrary notwith­standing-
February 28, 1947. Effec-tive
June 19, 1947. -------------------------------- 25
17. H. B. 1. Relating to the education of crippled
children, and making an appropria­tion.
Approved March 3, 1947. Effec-tive
June 19, 1947. -------------------------------- 26
18. H. B. 99. Making a deficiency appropriation to
the Supreme Court, and declaring an
emergency. Approved March 3, 1947.
Effective March 3, 1947. ---------------------- 27
19. S. B. 39. Relating to elections; providing for
the division of the state into congres­sional
districts for the election of rep­resentatives
in congress, and amend­ing
chapter 55, Arizona Code of 1939,
by adding article 16. Disapproved
March 3, 1947. Passed, the Governor's
veto to the contrary notwithstanding
-March 4, 1947. Effective June 19,
194 7. ------------------------------------------------------ 28
vi ORDER OF ACTS
Chapter Title Page
20. H. B. 100. Relating to district improvements;
prescribing improvements which may
be ordered; amending sections 16-
2811 and 16-2858, Arizona Code of
1939, and declaring an emergency.
Approved March 4, 1947. Effective
March 4, 1947. -------------------------------------- 29
21. H. B. 226. Directing the state auditor to pay cer­tain
claims presented after the close
of the fiscal year in which the claims
accrued. (Emergency). Approved
March 10, 1947. Effective March 10,
194 7. ------------------------------------------------------ 32
22. H. B. 175. Making an appropriation to the board
of regents of the university and state
colleges of Arizona for construction of
a science building at the Arizona state
college at Flagstaff; and declaring an
emergency. Approved March 10, 1947.
Effective March 10, 1947. -------------------- 33
23. H. B. 225. Directing the state auditor to pay a
claim presented after the close of the
fiscal year during which the claim ac­crued.
(Emergency). Approved March
10, 1947. Effective March 10, 1947.____ 34
24. H. B. 185. Making appropriations to the board of
regents of the university and state col­leges
of Arizona for construction of a
physical education building and a sta­dium
at the Arizona state teachers
college at Flagstaff; and declaring an
emergency. Approved March 10, 1947.
Effective March 10, 1947. -------------------- 35
25. H. B. 176. Authorizing the board of regents of
the university and state colleges of
Arizona to borrow money for im­provement
of the University library
building and to provide for payment
thereof; and declaring an emergency.
Approved March 10, 1947. Effective
March 10, 1947. ------------------------------------ 36
ORDER OF ACTS vii
Chapter Title Page
26. H. B. 177. Relating to power in the board of re­gents
of the university and state col­leges
of Arizona to accept grants of
money; making appropriations for
the construction and improvement of
buildings at the Arizona state college
at Tempe; amending chapter 82, Ari­zona
session laws, regular session of
1945 ; and declaring an emergency.
Approved March 10, 1947. Effective
March 10, 1947. .................................... 37
27. H. B. 178. Authorizing the board of regents of
the university and state colleges of
Arizona to construct, equip, furnish,
and maintain a student union memo-rial
building at the university, and
for that purpose to accept gifts, to
borrow money and issue bonds, and
to perform necessary or convenient
acts in connection with such project;
superseding inconsistent provisions of
all other laws; and declaring an
emergency. Approved March 10,
1947. Effective March 10, 1947........... 39
28. H. B. 179. Making an appropriation for the con­struction,
equipping and furnishing
of a student union memorial building
at the university of Arizona; and de­claring
an emergency. Approved
March 10, 1947. Effective March 10,
1947. ...................................................... 46
29. H. B. 184. Relating to authority in the board of
regents of the university and state
colleges of Arizona to construct and
equip dormitories, to accept grants
of money from a federal agency, to
borrow money and issue bonds, and
to perform necessary or convenient
acts in connection with such projects;
amending sections 1 and 3, chapter
81, session laws of 1945, regular ses­sion
(sections 54-1331 and 54-1333,
supplement to Arizona Code of
1939); and declaring an emergency.
viii
Chapter
ORDER OF ACTS
Title Page
Approved March 10, 1947. Effective
March 10, 1947. ------------------------------------ 47
30. H. B. 224. Directing the state auditor to pay a
claim presented after the close of the
fiscal year. (Emergency). Approved
March 10, 1947. Effective March 10,
194 7. ------------------------------------------------------ 49
31. H. B. 223. Directing the state auditor to pay
certain claims presented after the
close of the fiscal year in which the
claims accrued. (Emergency). Ap­proved
March 10, 1947. Effective
March 10, 1947. ------------------------------------ 49
32. H. B. 104. For the relief of Concepsion Quijada
and R. R. Powers, and declaring an
emergency. Approved March 10,
1947. Effective March 10, 1947.__________ 51
33. S.H.B. 61. To transfer funds for the payment of
W. M. Killen, and declaring an emer­gency.
Approved March 10, 1947. Ef­fective
March 10, 1947. ------------------------ 52
34. H. B. 60. For the relief of the White House
Department Store, and declaring an
emergency. Approved March 10,
1947. Effective March 10, 1947. ________ 52
35. S. B. 75. Relating to private corporations not
for pecuniary profit; providing for
limitation upon the right to hold
property, and for consolidation or
merger of such corporations, and
amending article 4, chapter 53, Ari­zona
Code of 1939, by amending sec­tion
53-409, and adding section 53-
414 thereto. Approved March 10,
1947. Effective June 19, 1947. ____________ 53
36. S. B. 10. Relating to dental hygiene, providing
for the licensing and registration of
dental hygienists, and amending sec­tion
67-908, Arizona Code of 1939.
Approved March 10, 1947. Effective
June 19, 1947. -------------------------------------- 54
ORDER OF ACTS ix
Chapter Title Page
37. H. B. 181. Making an appropriation to the board
of regents of the university and state
colleges of Arizona for salary in­creases
to faculty and staff; and de­claring
an emergency. Approved
March 10, 1947. Effective March 10,
194 7. ------------------------------------------------------ 57
38. H. B. 182. Making an additional appropriation
to the board of regents of the uni­versity
and state colleges of Arizona
for construction of a science educa-tion
building at the Arizona state col-lege
at Tempe; and declaring an
emergency. Approved March 10,
1947. Effective March 10, 1947,__________ 58
39. H. B. 183. Relating to power in the board of re­gents
of the university and state col­leges
of Arizona to accept grants of
money; making appropriations for
the construction and improvement of
university buildings; amending chap­ter
64, Arizona session laws, regular
session of 1945 (including section 54-
1622, Arizona Code of 1939) ; and
declaring an emergency. Approved
March 10, 1947. Effective March 10,
194 7. ------------------------------------------------------ 59
40. H. B. 76. Relating to public moneys; providing
for the disposition thereof, amending
article 4, chapter 4, Arizona Code of
1939, by adding section 4-402a; and
declaring an emergency. Approved
March 10, 1947. Effective March 10,
194 7. ------------------------------------------------------ 61
41. H. B. 19. Relating to elections, providing for
the termination of provisions for vot­ing
by persons of the military serv­ice,
amending section 1, chapter 21,
session laws of Arizona, 1944, second
special session, and declaring an
emergency. Approved March 10, 1947.
Effective March 10, 1947. ____________________ 61
42. H. B. 227. Directing the state auditor to pay
X
Chapter
ORDER OF ACTS
Title Page
certain claims presented after the
close of the fiscal year in which the
claims accrued. (Emergency). Ap­proved
March 11, 1947. Effective
March 11, 1947. ------------------------------------ 62
43. S. B. 97. Making an appropriation to the Ari­zona
copper tariff board ; and declar­ing
an emergency. Approved March
11, 1947. Effective March 11, 1947,____ 64
44. H. B. 96. Relating to firemen's relief and pen­sion
fund; amending article 19, chap-ter
16, Arizona Code of 1939, by add-ing
section 16-1919. (Emergency).
Approved March 11, 1947. Effective
March 11, 1947. ------------------------------------ 65
45. H. B. 130. Relating to holidays, and amending
section 35-101, Arizona Code of 1939.
Approved March 11, 1947. Effective
June 19, 1947. ---------------------------------------- 66
46. H. B. 107. Relating to municipal revenue bonds;
amending the municipal revenue bond
act of 1943, article 26, chapter 16,
supplement to Arizona Code of 1939,
(chapter 31, Arizona session laws
1943) by amending section 16-2602,
and by adding section 16-2620 and
section 16-2621, supplement to Ari­zona
Code of 1939, and declaring an
emergency. Approved March 13,
1947. Effective March 13, 1947.__________ 66
47. H. B. 29. Relating to counties; providing for
keeping and recording of instru­ments;
amending sections 17-801 and
17-808, Arizona Code of 1939, and
repealing section 17-806, Arizona
Code of 1939. Approved March 13,
1947. Effective June 19, 1947. ____________ 69
48. H. B. 218. Relating to taxation; directing the
state tax commission to make a sur­vey
of all taxable real property and
improvements of the state; authoriz­ing
the employment of experts, as-
ORDER OF ACTS xi
Chapter Title Page
sistants, clerks, stenographers and
accountants; providing for the pay­ment
of the expenses of such survey;
requiring the use of the valuations
fixed by said survey by the various
county assessors; providing for rec­ommendations
of corrective legisla­tion;
providing penalties and repeal-ing
all laws or parts of laws in con-flict
therewith and making an appro­priation.
Approved March 13, 1947.
Effective June 19, 1947. ---------------------- 70
49. H. B. 31. Relating to the Arizona pioneers'
historical society; amending sections
7-101 and 7-102, Arizona Code of
1939, and making a conditional ap­propriation.
Approved March 13,
1947. Effective June 19, 1947. ____________ 74
50. H. B. 124. Making an appropriation to the state
auditor for the remodeling, painting
and repairing of offices, and declar­ing
an emergency. Approved March
13, 1947. Effective March 13, 1947,____ 76
51. S. B. 45. Relating to postwar planning, pro­viding
for the establishment of post­war
public works reserve funds by ·
cities and counties, amending sections
3 and 4, chapter 37, session laws of
1943, and declaring an emergency.
(Failed to pass with sufficient votes
to carry the emergency.) Approved
March 13, 1947. Effective June 19,
194 7. ___ , ___________________________ ,_____________________ 77
52. H. B. 33. Relating to the Arizona teachers' re­tirement
system, providing for the
employment of the executive secre­tary,
and amending section 21, chap-ter
61, regular session, sixteenth leg­islature,
1943, Arizona Code of 1939.
Approved March 13, 1947. Effective
June 19, 1947. ---------------------------------------- 7,8
53. S. B. 21. Relating to technical registration,
and amending sections 67-1804, 67-
xii
Chapter
ORDER OF ACTS
Title Page
1806, 67-1808, 67-1812, 67-1814, 67-
1815, 67-1817 and 67-1818, Arizona
Code of 1939. Approved March 13,
1947. Effective June 19, 1947. ____________ 79
54. H. B. 243. Relating to livestock; providing for
inspection of animals and the record-ing
of brands, and amending sections
50-306, 50-316, 50-802 and 50-806,
Arizona Code of 1939. (Emergency).
Approved March 13, 1947. Effective
March 13, 1947. ------------------------------------ 83
55. S. B. 58. Relating to public health; providing
for local health departments, and pre­scribing
the powers and duties there-of;
and declaring an emergency. Ap­proved
March 13, 1947. Effective
March 13, 1947. ------------------------------------ 87
56. S. B. 50. Relating to taxation; providing for
limitations upon the correction, as­sessment
or re-assessment of taxes
under the excise revenue Act, and
against actions or proceedings for
collection thereof; and amending sec-tion
73-1315, Arizona Code of 1939.
Approved March 13, 1947. Effective
June 19, 1947. ---------------------------------------- 91
57. H. B. 22. Relating to the department of min-eral
resources; making an appropria­tion;
and declaring an emergency.
Approved March 13, 1947. Effective
March 13, 1947. ------------------------------------ 92
58. H. B. 64. Relating to teachers' retirement, and
amending sections 54-1705, 54-1706,
54-1707, 54-1709, 54-1710, supplement
to Arizona Code of 1939 (sections 5,
6, 7, 9 and 10, chapter 61, session
laws of 1943, regular session). Ap­proved
March 13, 1947. Effective
June 19, 1947. ---------------------------------------- 93
59. S.H.B. 126. For the relief of Albert F. Anderson
and Walter A. Kent, and declaring an
ORDER OF ACTS xiii
Chapter Title Page
emergency. Approved March 14,
1947. Effective March 14, 1947. __________ 98
60. H. B. 166. Relating to public health; transfer­ring
the operation of the state wel­fare
sanatorium and funds appro­priated
therefor to the state depart­ment
of health; designating an offi­cial
state agency. Approved March
14, 1947. Effective June 19, 1947.________ 99
61. H. B. 155. Relating to judicial offiicers; pre­scribing
salaries therefor, and amend-ing
section 12-701c, Arizona Code of
1939. Approved March 14, 1947. Ef­fective
July 1, 1947. ------------------------------ 100
62. H. B. 114. Relating to assistance for the needy
blind, and amending section 70-315,
Arizona Code of 1939. Approved
March 14, 1947. Effective June 19,
194 7. ------------------------------------------------------ 100
63. H. B. 51. Making an appropriation to the su­perintendent
of public instruction, for
the enlargement of offices, and declar­ing
an emergency. Approved March
15, 1947. Effective March 15, 1947. ____ 101
64. H. B. 159. Relating to school district budgets,
and amending section 54-603, Ari­zona
Code of 1939, as amended. Ap­proved
March 15, 1947. Effective
June 19, 1947. ---------------------------------------- 102
65. H. B. 138. Relating to motor carriers ; prescrib-ing
payment of the fuel tax; provid­ing
for a report of fuel used ; pre­scribing
an additional assessment; re­quiring
an estimate of tax, and
amending sections 4, 5, 7 and 8,
chapter 108, laws of 1941, regular
session (sections 66-1004, 66-1005,
66-1007 and 66-1008, Arizona Code
of 1939). Approved March 15, 1947.
Effective June 19, 1947. ---------------------- 103
66. H. B. 18. Relating to motor carriers ; prescrib-
xiv
Chapter
ORDER OF ACTS
Title Page
ing taxes and reports, and amending
sections 66-518 and 66-519, Arizona
Code of 1939. Approved March 15,
1947. Effective June 19, 1947. ____________ 105
67. H. B. 84. Making an appropriation to the Ari­zona
children's colony board for the
Arizona children's colony. (Emer­gency).
Approved March 15, 1947.
Effective March 15, 1947. ____________________ 107
68. S. B. 20. Relating to workmen's compensation;
defining the measure of compensation
for officials and employees, and
amending section 56-902, Arizona
Code of 1939. Approved March 15,
1947. Effective June 19, 1947. ______________ 108
69. H. B. 129. Relating to education; providing for
acceptance of federal grants, and re­pealing
section 6, chapter 15, laws of
1942, first special session. Approved
March 15, 1947. Effective June 19,
194 7. ------------------------------------------------------ 109
70. H. B. 180. Relating to administrative powers of
the board of regents of the university
and state colleges of Arizona, and
amending section 54-1602d of the
1945 supplement of the Arizona Code
of 1939 ; and declaring an emergency.
Approved March 15, 1947~ Effective
March 15, 1947. ------------------------------------ 109
71. H. B. 161. Relating to social security and wel­fare;
creating an interim committee
to investigate the state social security
· and welfare system, and making an
appropriation. (Emergency). Ap­proved
March 15, 1947. Effective
March 15, 1947. ------------------------------------ 110
72. S. B. 23. Relating to trust receipts and pledges
of personal property unaccompanied
by possession in the pledgee, and to
make uniform the law relating there-to.
Approved March 17, 1947. Ef­fective
June 19, 1947. -------------------------- 112
ORDER OF ACTS XV
Chapter Title Page
73. H. B. 310. Making a supplemental appropria-tion
to the department of library and
archives, for the state legislative bu­reau,
and declaring an emergency.
Approved March 18, 1947. Effective
March 18, 1947. ------------------------------------ 123
74. H. B. 311. Making a supplemental appropriation
for the payment of current and con­tingent
expenses of the eighteenth
legislature, regular session and de­claring
an emergency. Approved
March 18, 1947. Effective March 18,
194 7. ------------------------------------------------------ 124
75. H. B. 27. Relating to employment security;
amending sections 56-1003, 56-1004,
and 56-1007, Arizona Code of 1939,
and amending article 10, chapter 56,
Arizona Code of 1939, by adding sec­tions
56-1003a, 56-1003b, 56-1003c,
56-1003d, 56-1007a, 56-1007b, 56-
1007c, 56-1007d, 56-1007e, 56-1007f,
56-1007g, 56-1007h, 56-1007i, and
56-1007j. Approved March 18, 1947.
Effective June 30, 1947. ---------------------- 124
76. H. B. 20. Relating to predatory animals; pro­viding
for a reward for the destruc­tion
thereof, and prescribing penal­ties
therefor. Approved March 18,
1947. Effective June 19, 1947. ____________ 134
77. H. B. 28. Relating to employment security;
amending sections 56-1002, 56-1006,
56-1008, 56-1011, 56-1014, Arizona
Code of 1939, and amending article
10, chapter 56, Arizona Code of 1939,
by adding sections 56-1002a, 56-
1002b, 56-1002c, 56-1002d, 56-1002e,
56-1002f 56-1002g, 56-1002h, 56-
1002i, 56-1002j, 56-1002k, 56-10021,
56-1002m, 56-1002n, 56-1002o, 56-
1006a, 56-1006b, 56-1006c, 56-1006d,
56-1006e, 56-1011a, 56-1011b, 56-
1011c, 56-1011d, 56-101le, 56-1011f,
56-1011g, 56-1011h, 56-10lli, 56-
1011j, 56-1011k, 56-10111, 56-101lm,
xvi
Chapter
ORDER OF ACTS
Title Page
56~1011n, 56-1014a, 56-1014b, 56-
1014c, 56-1014d, 56-1014e, 56-1014f,
56-1014g, 56-1014h, 56-1014i, 56-
1014j, 56-1014k, 56-10141, 56-1014m,
56-1014n, 56-1014o, and 56-1014p.
Approved March 19, 1947. Effective
June 30, 1947. -------------------------------------- 135
78. H. B. 40. Relating to real estate; providing for
a real estate fund; creating a real
estate board, and amending article
17, chapter 67, Arizona Code of 1939,
section 67-1711 and by adding sec­tions
67-1711a, 67-1711b, and 67-
1711c. Disapproved March 15, 1947.
Passed, the Governor's veto to the
contrary notwithstanding-March 19,
1947. Effective June 19, 1947. ____________ 167
79. S. B. 54. Relating to the corporation commis­sion,
and providing for payment of
the commission's expenses in super­vising
and regulating electrical, gas,
telephone and water corporations;
and declaring an emergency. (Failed
to pass with sufficient votes to carry
the emergency). Disapproved March
15, 1947. Passed, the Governor's veto
to the contrary notwithstanding­March
19, 1947. Effective June 19,
194 7. ------------------------------------------------------ 169
80. H. B. 309. Making an appropriation for ex­penses
of members and employees of
the legislature, and declaring an
emergency. Disapproved March 19,
1947. Passed, the Governor's veto to
the contrary notwithstanding-March
19, 1947. Effective March 19, 1947. ____ 172
81. S. B. 65. Relating to employment; prohibiting
the denial of employment because of
nonmembership in a labor organiza­tion;
prohibiting agreements exclud­ing
any person from employment be­cause
of nonmembership in a labor
organization; prohibiting strikes or
picketing to induce violation of this
Chapter
ORDER OF ACTS xvii
Title Page
Act; making illegal compelling or at­tempting
to compel a person to join
.a labor organization or leave his em­ployment
against his will ; prohibit-ing
conspiracies to cause the dis­charge
of any persons because of
nonmembership in a labor organiza­tion
; prescribing penalties ; and de­claring
an emergency. (Failed to pass
with sufficient votes to carry the
emergency). Approved March 20,
1947. Effective June 19, 1947. ···-········ 173
82. S. B. 133. Relating to the state hospital for the
insane; providing for the appoint­ment
of the superintendent, and
amending section 8-211, supplement
to Arizona Code of 1939 (section 8,
chapter 44, laws of 1941) ; and de­claring
an emergency. Approved
March 20, 1947. Effective March 20,
194 7. """"""·····----------------------------·--··········-· 175
83. H. B. 247. Relating to the state veterinarian,
and amending section 50-103, Ari­zona
Code of 1939. (Emergency).
Approved March 24, 1947. Effective
March 24, 1947. ---------------------·---------·-··- 176
84. H. B. 216. Making an appropriation to the live­stock
sanitary board, and providing
for exemption from financial code.
(Emergency). Approved March 24,
1947. Effective March 24, 1947. ________ 177
85. H. B. 34. Relating to education; prescribing a
state levy and a county levy for com­mon
and high school education; pro­viding
for apportionment of school
funds; providing for county-wide
school-tax districts; amending article
6, chapter 54, Arizona Code of 1939
by adding sections 54-601a and 54-
605a, and amending sections 54-602,
54-604, 54-605, and 54-608, Arizona
Code of 1939; and declaring an
emergency. Approved March 24,
1947. Effective March 24, 1947. ·------- 178
xviii ORDER OF ACTS
Chapter Title Page
86. S. B. 163. Relating to surplus property of the
United States; authorizing the pur­chase
thereof by agencies of the state
and its political subdivisions; estab­lishing
a central surplus property
purchasing agency, and making an
appropriation. Approved March 25,
1947. Effective July 1, 1947. ________________ 184
87. S. B. 11. For the relief of Arthur Ralston;
and declaring an emergency. (Failed
to pass with sufficient votes to carry
the emergency). Approved March
25, 1947. Effective June 19, 1947. ______ 186
88. S. B. 98. Making an appropriation to the gov­ernor,
for the payment of insurance
premiums; and declaring an emer­gency.
Approved March 25, 1947.
Effective March 25, 1947. ____________________ 187
89. S. B. 161. Relating to slaughter of animals;
providing for the inspection of live­stock,
and amending article 3, chap­ter
50, Arizona Code of 1939, by add­ing
section 50-803d. Approved March
25, 1947. Effective June 19, 1947. ______ 188
90. S. B. 152. Making an appropriation to the state
hospital board, and declaring an
emergency. Approved March 25,
1947. Effective March 25, 1947. __________ 189
91. S. B. 153. Relating to decisions of the Arizona
supreme court; providing for the
publication and distribution thereof,
and amending sections 19-207 and
19-208, Arizona Code of 1939, and
declaring an emergency. Approved
March 25, 1947. Effective March 25,
1947. ------------------------------------------------------ 189
92. S. B. 157. Relating to the establishment of a
schedule of fees for services per­formed
by the commission of agri­culture
and horticulture, and declar­ing
an emergency. Approved March
25, 1947- Effective March 25, 1947. ____ 190
ORDER OF ACTS xix
Chapter Title Page
93 S. B. 24. Relating to the Arizona teachers' re­tirement
system, and amending sec­tion
15, chapter 61, session laws of
1943, regular session (section 54-
1715, supplement to the Arizona Code
of 1939). Approved March 25, 1947.
Effective June 19, 1947. ______________________ 191
94. S. B. 27. Relating to county law libraries; pro­viding
for a county law library fund,
and amending section 34-129, Arizona
Code of 1939 ; and declaring an emer­gency.
Approved March 25, 1947. Ef­fective
March 25, 1947. ------------------------ 194
95 S. B. 53. Making a supplemental appropriation
to the secretary of state, and declar­ing
an emergency. Approved March
25, 1947. Effective March 25, 1947. ____ 195
96. S. B. 64. For the relief of Ed and Charles
Weston. Approved March 25, 1947.
Effective June 19, 1947. ---------------------- 195
97. S. B. 79. Relating to elections; providing for
the recognition of new political par­ties,
and amending section 55-1006,
Arizona Code of 1939. Approved
March 25, 1947. Effective June 19,
194 7. ------------------------------------------------------ 197
98. S. B. 92. Relating to public health, and pro­viding
for a non-profit school lunch
program. Approved March 25, 1947.
Effective June 19, 1947. ---------------------- 198
99 S. B. 124. Making an appropriation to the home
for aged and infirm Arizona pioneers,
for the construction of a road, and
declaring an emergency. Approved
March 25, 1947. Effective March 25,
194 7. ------------------------------------------------------ 200
100. S. B. 125. Relating to highways; providing for
bids for the performance of work and
the purchase of equipment and sup­plies,
and amending section 59-111,
XX
Chapter
ORDER OF ACTS
Title Page
Arizona Code of 1939. Approved
March 25, 1947. Effective June 19,
1947. ------------------------------------------------------ 201
101. S. B. 126. Relating to the state highway com­mission;
authorizing the reproduction
of any Arizona highway department
records by photostating, photograph­ing
or microphotographing; provid­ing
for the admissability in evidence
of such reproduced records; provid­ing
for the disposal, destruction or
archival storage of such reproduced
records ; and directing the disposal of
obsolete or nonessential records with­out
need for reproduction. Approved
March 25, 1947. Effective June 19,
194 7. ------·----------------------------------------------- 202
102. S. B. 128. Relating to the state highway fund of
the state highway department, and
amending section 59-302, Arizona
Code of 1939, as amended. Approved
March 25, 1947. Effective June 19,
194 7. ------------------------------------------------------ 204
103. S. B. 130. Relating to the Arizona highways
magazine and amending section 59-
701, Arizona Code of 1939, as
amended. Approved March 25, 1947.
Effective June 19, 1947. ______________________ 205
104. S. B. 165. Making a supplemental appropria-tion
to the apprenticeship council.
Approved March 25, 1947. Effective
June 19, 1947. ---------------------------------------- 206
105. H. B. 10. For the relief of James F. McDonald,
and declaring an emergency. Ap­proved
March 25, 1947. Effective
March 25, 1947. ------------------------------------ 206
106. H. B. 44. Relating to Guardian and ward; and
amending sections 42-103 and 42-116,
Arizona Code of 1939. Approved
March 25, 1947. Effective June 19,
194 7. ------------------------------------------------------ 207
ORDER OF ACTS xxi
Chapter Title Page
107. H. B. 45. Relating to the rights of married per­sons;
removing legal disability of
minority as to persons, eighteen years
of age and over, in dealing with
their community property, and
amending article 3, chapter 63, Ari­zona
Code of 1939, as amended, by
adding section 63-308. Approved
March 25, 1947. Effective June 19,
194 7. ------------------------------------------------------ 208
108. H. B. 69. Making an appropriation to the Gov­ernor
creating a revolving fund, for
the activities of the council for on­the-
job training, and declaring an
emergency. Approved March 25,
1947. Effective March 25, 1947. __________ 209
109. H. B. 74. Relating to corporations; providing
for the continued existence thereof
for the purpose of suit, and amending
article 3, chapter 53, Arizona Code
of 1939, by adding section 53-309.
Approved March 25, 1947. Effective
June 19, 1947. ---------------------------------------- 210
110. H. B. 93. Relating to unclaimed money or
property in the hands of public offi­cials;
providing for the disposal
thereof; repealing sections 12-415, 12-
416 and 12-417, Arizona Code Anno­tated,
1939, and declaring an emer­gency.
Approved March 25, 1947. Ef-fective
March 25, 1947. ________________________ 211
111. H. B. 116. Relating to state aid for junior col­leges;
amending section 54-711, Ari­zona
Code of 1939; making an ap­propriation,
and declaring an emer­gency.
Approved March 25, 1947.
Effective March 25, 1947. -------------------- 214
112. H. B. 120. Providing for the transfer of appro­priation
from the state department of
health to the Arizona state college at
Tempe. (Emergency). Approved
March 25, 1947. Effective March 25,
194 7. ------------------------------------------------------ 215
xxii ORDER OF ACTS
Chapter Title Page
113. H. B. 141. Relating to workmen's compensation;
defining certain terms, and amending
section 56-929, Arizona Code of 1939;
and declaring an emergency. Ap­proved
March 25, 1947. Effective
March 25, 1947. ------------------------------------ 216
114. H. B. 194. Relating to public officers and em­ployees,
and providing for leave of
absence for training duty with the
armed forces or with the national
guard. Approved March 26, 1947.
Effective June 19, 1947. ______________________ 217
115. S. B. 49. Relating to public buildings; pre­scribing
the terms of notice to con­tractors,
and amending section 9-105,
Arizona Code of 1939. Approved
March 27, 1947. Effective June 19,
194 7. ------------------------------------------------------ 217
116. S. B. 127. Relating to cooperative national
agreements and authorizing the state
engineer to enter into such agree­ments
with the United States Gov­ernment;
amending chapter 50 of the
session laws of 1943, and repealing
sections 5 and 6, chapter 50, session
laws of 1943, regular session. Ap­proved
March 27, 1947. Effective
June 19, 1947. ---------------------------------------- 219
117. S. B. 55. Relating to elections; prescribing an
affidavit of registration; providing
for cancellation of registration, and
amending sections 55-205, 55-207,
55-209 and 55-215, Arizona Code of
1939. Approved March 27, 1947. Ef­fective
June 19, 1947. -------------------------- 221
118. S.H.B. 245. Relating to electric, cooperative, non­profit,
membership corporations; be­ing
comprehensive as to their forma­tion,
dissolution, their powers, rights
and immunities, consolidation, mer­ger
and the conversion of existing
corporations; providing for franchis­es
and rights of way. (Emergency).
ORDER OF ACTS xxiii
Chapter Title Page
Approved March 27, 1947. Effective
March 27, 1947. ------------------------------------ 225
119. S. B. 46. Relating to the destruction of certain
public documents after the same shall
have been microfilmed and repro­duced,
and prescribing the conditions
upon which such documents may be
destroyed, and specifying which doc­uments
may not be destroyed. Ap­proved
March 27, 1947. Effective
June 19, 1947. ---------------------------------------- 240
120. S. B. 57. Relating to corporations and socie-ties
; prescribing the term of exist­ence
thereof, and amending section
53-304, Arizona Code of 1939. Ap­proved
March 27, 1947. Effective
June 19, 1947. ---------------------------------------- 242
121. S. B. 107. Relating to taxation; prescribing the
duties of the state tax commission,
and amending section 73-103, Ari­zona
Code of 1939; and declaring an
emergency. Approved March 27,
1947. Effective March 27, 1947. __________ 242
122. H. B. 160. Relating to elections; providing for
deputy registration officers, and
amending article 2, chapter 55, Ari­zona
Code of 1939, by adding section
55-202a. Approved March 27, 1947.
Effective June 19, 1947. ______________________ 243
123. H. B. 36. Relating to the board of veterinary
examiners; providing for the issu­ance
of licenses, and amending sec-tion
67-1903, Arizona Code of 1939.
Approved March 27, 1947. Effective
June 19, 1947. ---------------------------------------- 244
124. H. B. 278. Relating to insurance and the regu­lation
of insurance companies and
amending section 61-341, Arizona
Code Annotated, 1939. Approved
March 27, 1947. Effective June 19,
1947. ------------------------------------------------------ 245
xxiv ORDER OF ACTS
Chapter Title Page
125. S. B. 96. Relating to insurance; duties of cor­poration
commission with respect
thereto; providing for the issuance
of temporary licenses to agents;
amending sections 61-301 and 61-322,
Arizona Code of 1939; amending ar­ticle
3, chapter 61, Arizona Code of
1939, by adding sections 61-30la, 61-
30lb and 61-301c; amending article
7, chapter 61, Arizona Code of 1939,
by adding section 61-710a; and
amending section 61-409, Arizona
Code of 1939. Approved March 27,
r947. Effective June 19, 1947. ____________ 246
126. S. B. 73. Relating to the transaction of insur:.
ance and the supervision thereof by
the Arizona corporation commission,
including the making, fixing, and
regulation of rates and premiums,
the establishment, licensing and reg­ulation
of rating bureaus and other
organizations, permitting member­ship
by insurers in such rating bu­reaus
and organizations, prescribing
fees and penalties, providing for ju­dicial
review of acts of the commis-sion
in connection therewith, pre­scribing
certain exemptions, amend-ing
chapter 61, Arizona Code of
1939, by adding a new article 11
thereto, and declaring an emergency.
Approved March 27, 1947. Effective
March 27, 1947. ------------------------------------ 250
127. S. B. 74. Relating to the regulation of rates
for certain casualty insurance, includ-ing
fidelity, surety and guaranty
bonds and all forms of motor vehicle
insurance, and to rating organiza­tions,
amending chapter 61, Arizona
Code of 1939, by adding a new article
12 thereto, and declaring an emer­gency.
Approved March 27, 1947.
Effective March 27, 1947. -------------------- 264
128. H. B. 186. Making an appropriation to the com­mission
of agriculture and horticul-
ORDER OF ACTS XXV
Chapter Title Page
ture for dusting cotton areas. (Emer­gency).
Approved March 28, 1947.
Effective March 28, 1947. ____________________ 277
129. H. B. 165. Relating to explosives; providing for
the storage and transportation there­of;
amending article 2, chapter 65,
Arizona Code of 1939, by adding sec­tion
65-213a. Approved March 31,
1947. Effective June 19, 1947. ____________ 278
130. H. B. 206. Relating to hospitals and maternity
homes ; providing for the licensing,
regulation and inspection thereof, and
establishing the hospital advisory
council. Approved March 31, 1947.
Effective June 19, 1947. ---------------------- 279
131. H. B. 212. Relating to guardian and ward; pro­viding
for the exoneration of bond,
and amending article 1, chapter 42,
Arizona Code of 1939, by adding sec­tion
42-104a. Approved March 31,
1947. Effective June 19, 1947. ____________ 283
132. H. B. 262. Relating to initiative and referendum
providing for the preparation, print­ing
and distribution of publicity
pamphlets, amending section 60-107,
article 1, of chapter 60, Arizona Code
of 1939, as amended. Approved
March 31, 1947. Effective June 19,
194 7. -------------------------------------------------------- 284
133. H. B. 280. Relating to the disposal of real prop­erty
and improvements thereon, and
amending article 3, chapter 4, Ari­zona
Code Annotated, 1939, by add­ing
section 4-319. Approved March
31, 1947. Effective June 19, 1947. ______ 286
134. S. B. 94. Relating to beauty culture; prescrib­ing
offenses and penalties, and
amending sections 67-312 and 67-321,
Arizona Code of 1939. Approved
March 31, 1947. Effective June 19,
194 7. ------------------------------------------------------ 287
xxvi ORDER OF ACTS
Chapter Title Page
135. H. B. 153. Relating to judicial officers; prescrib­ing
the number of judges, and
amending section 19-201, Arizona
Code of 1939. Approved March 31,
1947. Effective June 19, 1947. ______________ 289
136. S. B. 101. Relating to agricultural minerals and
providing for the regulation of the
manufacture and sale thereof. Ap­proved
March 31, 1947. Effective
July 1, 1947. ------------------------------------------ 290
137. S. B. 129. Relating to volunteer fire companies
within the limits of incorporated
towns and cities, adding to article 20,
chapter 16, Arizona Code of 1939,
by amending section 16-2010; and de­claring
an emergency. Approved
March 31, 1947. Effective March 31,
194 7. ------------------------------------------------------ 294
138. H. B. 90. Relating to insurance; providing for
a conversion of a benefit insurance
corporation to a benefit insurance
stock corporation; prescribing condi­tions
and limitations applicable to the
operation of benefit insurance stock
corporations, and authorizing the
consolidation and liquidation of bene-fit
insurance stock corporations. Ap­proved
March 31, 1947. Effective
June 19, 1947. ---------------------------------------- 296
139. S.H.B. 135. Relating to the Arizona power au­thority
act of 1944; the jurisdiction,
powers and duties of the authority
commission; the issuance of power
purchase certificates; the delineation
of service territories; procedural
matters; power apportionment, sales
and rates; fiscal matters; amending
sections 1, 3, 4, 6, 12 and 15, chapter
32, second special session, sixteenth
legislature, 1944; repealing section
16, chapter 32, second special session,
sixteenth legislature, 1944, and all in­consistent
laws; providing for the
severability of any invalid provisions;
Chapter
ORDER OF ACTS xxvii
Title Page
and declaring an emergency. Ap­proved
March 31, 1947. Effective
March 31, 1947. __________________________ : ________ 307
140. S. B. 52. Relating to municipal corporations
engaging in business as common car­riers,
and amending chapter 16 of
the revised code of Arizona, 1939,
by adding a new section 16-604a.
Approved March 31, 1947. Effective
June 19, 1947. ---------------------------------------- 322
141. S. B. 69. Relating to penal and corrective insti­tutions;
creating a board of correc­tion
and educational rehabilitation;
and declaring an emergency. Ap­proved
March 31, 1947. Effective
March 31, 1947. ------------------------------------ 323
142. H. B. 308. Making appropriations for the differ­ent
departments of state, for state
. institutions, for public schools, and
for interest on the public debt. Ap­proved
March 31, 1947 except items 3,
4 and 7 of subdivision 6, Secretary of
State and item 7 of subdivision 46,
Corporation Commission. Effective
June 19, 1947. --------------------------------------·- 324
MEMORIALS
AND
RESOLUTIONS
xxxi
MEMORIALS
Page
House Memorial No. 1-Relating to the former Pris-oner-
of-War Camp at Florence ___________________________________ 376
House Memorial No. 2-Relating to concession Stands
Operated by the Blind in Federal Buildings _____________ 376
House Memorial No. 3-Relating to Federal Contribu-tion
for Old Age Assistance to the Congress of the
United States ---------------------------------------------------------------- 377
House Memorial No. 6-Requesting the Representatives
of the State of Arizona, in the Congress of the
United States, to Support Certain Legislation Ben­eficial
to Veterans and Others______________________________________ 378
House Joint Memorial No. 2-Requesting the Good Of­fices
of the Secretary of the Interior in Securing
Land for an Auxiliary Hospital for the Insane__________ 378
Senate Joint Memorial No. 1-Requesting the Main-tenance
of Adequate Tariff Rates on Copper ___________ 379
Senate Joint Memorial No. 2-Requesting Action to
Prevent the Spread of the Foot-and-Mouth Disease _ 380
Senate Memorial No. !-Requesting an Investigation
of the Administration of the Office of Price Admin­istration
in Arizona ------------------------------------------------------ 381
Senate Concurrent Memorial No. 1-Requesting Con­gress
to Create the Petrified Forest National Park_ 382
xxxii
RESOLUTIONS
House Resolution No. 7-To Create a Special Commit-tee
on the Promotion of American Activities____________ 386
House Concurrent Resolution No. tO-Proposing an
Amendment to the Constitution of Arizona Relating
to the Legislature ---------------------------------------------------------- 386
House Joint Resolution No. 1 - Relating to Lasting
World Peace ------------------------------------------------------------------ 387
House Joint Resolution No. 4-Commending Arizona's
Representatives in Congress for Their Efforts in
Behalf of Colorado River Development______________________ 388
House Joint Resolution No. 5-0n the Appointment of
Hon. Lewis W. Douglas as Ambassador to Great
Britain ---------------------------------------------------------------------------- 389
Senate Concurrent Resolution No. 3-0n the Death of
W. 0. (Bill) Ruggles ---------------------------------------------------- 390
Senate Concurrent Resolution No. 6 - Proposing an
Amendment to the Constitution of Arizona Relating
to the Legislature -------------------------------------------------------- 391
A~TS
LAWS OF ARIZONA 3
ACTS
CHAPTER 1
(House Bill No. 11)
AN ACT
MAKING AN APPROPRIATION FOR THE PAYMENT
OF THE CURRENT AND CONTINGENT EXPENSES
OF THE EIGHTEENTH LEGISLATURE, REGULAR
SESSION, AND DECLARING AN EMERGENCY.
Be it Enacted by the Legislature of the State of Arizona:
Section 1. APPROPRIATION. The sum of ninety­seven
thousand two hundred twenty-nine dollars and sev­enty
cents ($97,229.70) is appropriated to the Eighteenth
Legislature, Regular Session.
Sec. 2. PURPOSE. The purpose of the appropriation
made under the terms of section 1 is to provide for the
payment of the current and contingent expenses of carrying
on the regular· session of the eighteenth legislature, and
shall be expended for the following objects in not more
than the following amounts:
1. For the payment of salaries: la. of members of the
senate, nine thousand one hundred twenty dollars ($9,120.-
00) ; lb. of members of the house of representatives, twen­ty-
seven thousand eight hundred forty dollars ($27,840.00).
2. For the payment of mileage: 2a. of members of the
senate, six hundred twelve dollars and forty cents ($612.-
40) ; 2b. of members of the house of representatives, one
thousand two hundred seven dollars and thirty cents
($1,207.30).
3. For the payment of salaries and wages: 3a. of of­ficers
and employees of the senate, five thousand two hun­dred
fifty dollars ($5,250.00) ; 3b. of officers and employees
of the house of representatives, seventeen thousand dollars
($17,000.00).
4. For the payment of the contingent expense: 4a. of
the senate, thirteen thousand seven hundred dollars ($13,-
4 LAWS OF ARIZONA
700.00) ; 4b. of the house of representatives, twenty-two
thousand five hundred dollars ($22,500.00).
Sec. 3. EMERGENCY. To preserve the public peace,
health, and safety it is necessary that this Act become
immediately operative. It is therefore declared to be an
emergency measure, to take effect as provided by law.
Approved by the Governor-January 20, 1947.
Filed in the Office of the Secretary of State-January
20, 1947.
'CHAPTER 2
(House Bill No. 13)
AN ACT
MAKING AN EMERGENCY APPROPRIATION TO THE
GOVERNOR, FOR THE FUND FOR CAPITOL
BUILDING AND GROUNDS, AND DECLARING AN
EMERGENCY.
Be it Enacted by the Legislature of the State of Arizona:
Section 1. APPROPRIATION. The sum of one thou­sand
five hundred dollars ($1,500.00) is appropriated to
the governor, for the fund for capitol building and grounds.
Sec. 2. PURPOSE. The purpose of the appropriation
made under the terms of section 1 is to defray the expense
of extra janitors and supplies for the eighteenth legislature.
Sec. 3. EMERGENCY. To preserve the public peace,
health, and safety it is necessary that this Act become im­mediately
operative. It is therefore declared to be an emer­gency
measure, to take effect as provided by law.
Approved by the Governor-January 20, 1947.
Filed in the Office of the Secretary of State-January
20, 1947.
LAWS OF ARIZONA 5
CHAPTER 3
(House Bill No. 12)
AN ACT
MAKING AN EMERGENCY APPROPRIATION TO THE
DEPARTMENT OF LIBRARY AND ARCHIVES, FOR
THE STATE LEGISLATIVE BUREAU, AND DE­CLARING
AN EMERGENCY.
Be it Enacted by the Legislature of the State of Arizona:
Section 1. APPROPRIATION. The sum of thirteen
thousand eighty dollars ($13,080.00) is appropriated to
the department of library and archives, for the state legis­lative
bureau.
Sec. 2. PURPOSE. The appropriation made under
the terms of section 1 shall be expended for the following
purposes in not more than the following amounts:
1. For the payment of salaries and wages, twelve thou­sand
six hundred eighty dollars ($12,680.00).
2. For the purchase of reference material, supplies and
services, four hundred dollars ($400.00).
Sec. 3. EMERGENCY. To preserve the public peace,
health, and safety it is necessary that this Act become
immediately operative. It is therefore declared to be an
emergency measure, to take effect as provided by law.
Passed the House-January 16, 1947 without enacting
the emergency.
Passed the Senate-January 16, 1947 by enacting the
emergency.
Passed the Senate-January 23, 1947 as originally
passed by the House.
Approved by the Governor-January 24, 1947.
Filed in the Office of the Secretary of State-January
24, 1947.
6 LAWS OF ARIZONA
CHAPTER 4
(House Bill No. 75)
AN ACT
MAKING AN APPROPRIATION FOR THE PAYMENT
OF INSTALLATION OF ACCOUSTICAL INSULA­TION,
AND PAINTING THE HOUSE OF REPRE­SENTATIVES
CHAMBERS AND COMMITTEE
ROOMS, AND DECLARING AN EMERGENCY.
Be it Enacted by the Legislature of the State of Arizona:
Section 1. APPROPRIATION. The sum of two thou­sand
five hundred dollars is appropriated to the Eighteenth
Legislature, Regular Session.
Sec. 2. PURPOSE. The purpose of the appropriation
made under the terms of section 1 is to provide for the
furnishing and installation of Acousti-Celotex in the House
of Representatives Chambers, and painting of House Cham­bers
and Committee Rooms.
Sec. 3. EMERGENCY. To preserve the public peace,
health and safety, it is necessary that this Act become
immediately operative. It is therefore declared to be an
emergency measure, to take effect as provided by law.
Approved by the Governor-January 28, 1947.
Filed in the Office of the Secretary of State-January
28, 1947.
CHAPTER 5
(House Bill No. 32)
AN ACT
MAKING A DEFICIENCY APPROPRIATION TO THE
ARIZONA TEACHERS' RETIREMENT SYSTEM,
AND DECLARING AN EMERGENCY.
Be it Enacted by the Legislature of the State of Arizona:
LAWS OF ARIZONA 7
Section 1. APPROPRIATION. The sum of thirty-three
thousand dollars is appropriated to the Arizona teachers'
retirement system out of the state general school fund, to
be available during the remainder of the thirty-fifth fiscal
year.
Sec. 2. PURPOSE. The purpose of the appropriation
made in section 1 is to supplement the state's contribution,
as authorized by item 3, subsection (b), Section 30, Chapter
61, Regular Session, Sixteenth Legislature, 1943, to the
Arizona teachers' retirement system.
Sec. 3. EMERGENCY. To preserve the public peace,
health, and safety it is necessary that this Act become
immediately operative. It is therefore declared to be an
emergency measure, to take effect as provided by law.
Approved by the Governor-February 4, 1947.
Filed in the Office of the Secretary of State-February
4, 1947.
CHAPTER 6
(House Bill No. 48)
AN ACT
RELATING TO EDUCATION; PRESCRIBING THE
COMPENSATION OF OFFICERS OF ELECTION,
AND AMENDING SECTION 54-411, ARIZONA CODE
OF 1939. ,
Be it enacted by the Legislature of the State of Arizona:
Section 1. Sec. 54-411, Arizona Code of 1939, is amend­ed
to read:
54-411. COMPENSATION. The board of trustees shall
appoint as election officials an inspector, two judges and
two clerks. If no officials are so appointed, or if those ap­pointed
are not present at the opening of the polls, the
electors present may select them. In all school districts
officers of election may be paid five dollars each, out of the
funds of the school district.
Approved by the Governor-February 13, 1947.
Filed in the Office of the Secretary of State-February
14, 1947.
8 LAWS OF ARIZONA
CHAPTER 7
(House Bill No. 54)
AN ACT
RELATING TO CITIES AND TOWNS; PROVIDING FOR
THE ANNEXATION OF TERRITORY BY VOLUN­TEER
FIRE COMPANIES, AND AMENDING AR­TICLE
20, CHAPTER 16, ARIZONA CODE OF 1939,
BY ADDING SECTION 16-2006a.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Article 20, chapter 16, Arizona Code of 1939,
is amended by adding section 16-2006a, to read:
16-2006a. ANNEXATION. (a) When the residents of
territory contiguous to an unincorporated town having a
volunteer fire company desire their territory to be annexed
by such company, they shall present to the chief of the
company a petition in writing, signed by the owners of at
least fifty-one per cent of the assessed value of the property
in the territory proposed to be annexed, which shall be
submitted to the board of supervisors, with the recom­mendation
of the chief.
(b) Upon receipt of a petition for the annexation of
territory to that of an unincorporated town, the board
shall set a day, not less than ten nor more than thirty days
from such receipt, for a hearing, and the clerk of the board
shall cause to be published in a paper of general circulation
in the county a notice setting forth the purpose of the
petition and the day, hour, and place of hearing. Upon the
hearing of the petition, the board shall hear those who
appear for and against the petition and shall determine
whether it shall be to the best interest of the property
owners of the area to be annexed and of the annexing dis­trict
to permit the annexation. The board shall enter its
order setting forth its determination, in the minutes of
the meeting of the board, not later than ten days from the
date of the hearing, and copy of the order shall be filed in
the county recorder's office. The order of the board shall be
final, but if the petition be denied then a petition for an­nexation
may be filed at intervals of six months. The cost
of publication of the notice of hearing shall be a charge
against the fund of the volunteer fire company to which
annexation is desired.
LAWS OF ARIZONA 9
(c) Upon approval by the board of a petition for an­nexation,
the annexed district shall become a part of the
annexing district and subject to all of the provisions of
chapter 16, article 20, Arizona Code of 1939, to the same
extent as though originally included therein.
Approved by the Governor-February 19, 1947.
Filed in the Office of the Secretary of State-February
19, 1947.
CHAPTER 8
(House Bill No. 46)
AN ACT
RELATING TO THE COUNTY TREASURER; PROVID­ING
FOR THE CORRECTION OF ERRORS OR AC­CIDENTS,
AND AMENDING SECTION 17-702, ARI­ZONA
CODE OF 1939.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Sec. 17-702, Arizona Code of 1939, is amend­ed
to read:
17-702. CORRECTION OF ERRORS. (a) When an
error appearing in the accounts of the county treasurer,
excepting the tax rolls, comes to the notice of such officer,
he shall, if the error was made not more than fifteen years
prior thereto, immediately correct the same, and place on
the margin of the book in which the original entry of such
error appears and opposite the correction thereof, a nota­tion
of the date of such correction and the reason therefor.
In the event such correction depletes or creates a deficit in
any fund or account, the treasurer shall show the fund
overdrawn, and shall refuse to pay warrants or other evi­dences
of indebtedness issued against the same until the
fund is replenished.
(b) Any check drawn by the county treasurer in his
official capacity which is not presented for payment within
one year after the drawer of the check has ceased to occupy
the office of county treasurer shall be deemed to be outlawed
and the depository upon which the check was drawn shall,
upon certification to it of the amount of such check, the
date on which drawn and the name of the payee, pay the
amount over to the county treasurer, who shall place it in
the county general fund.
10 LAWS OF ARIZONA
(c) At any time within one year after an unpresented
check is outlawed, as provided in subsection (b), the person
in favor of whom the check was drawn, his administrator,
successors or assigns, may present a claim for the amount
thereof, to the board of supervisors, and if the board finds
that the claim is a legitimate one, and that there was good
and sufficient reason for failure to present the original
check, it may allow the claim and order the same paid
from the county general fund.
~ Approved by the Governor-February 19, 1947.
Filed in the Office of the Secretary of State-February
19, 1947.
CHAPTER 9
(House Bill No. 43)
AN ACT
RELATING TO PERSONAL ACTIONS, AND AMEND­ING
SECTION 29-201, ARIZONA CODE OF 1939.
Be it Enacted by the Legislature of the State of Arizona:
Section 1. Sec. 29-201, Arizona Code of 1939, is amend­ed
to read:
29-201. ONE-YEAR LIMITATION. There shall be
commenced and prosecuted within one year after the cause
of action shall have accrued, and not afterward, the follow­ing
actions: 1. for malicious prosecution, or for false im­prisonment,
or for injuries done to the character or reputa­tion
of another by libel or slander; 2. for damages for se­duction
or breach of promise of marriage; 3. upon a liability
created by statute, other than a penalty or forfeiture.
Approved by the Governor-February 19, 1947.
Filed in the Office of the Secretary of State-February
19, 1947.
LAWS OF ARIZ ON A 11
CHAPTER 10
(House Bill No. 41)
AN ACT
RELATING TO EMPLOYMENT SECURITY; PROVID­ING
FOR THE EXCLUSION OF REAL ESTATE
BROKERS AND SALESMEN FROM THE OPERA­TION
OF EMPLOYMENT SECURITY; AMENDING
SECTION 56-1002, ARIZONA CODE OF 1939; AND
DECLARING AN EMERGENCY.
Be it Enacted by the Legislature of the State of Arizona:
Section 1. Sec. 56-1002, Arizona Code of 1939, is
amended to read :
56-1002. DEFINITIONS. As used in this Act, unless
the context otherwise requires :
(a) "Base period" means the period beginning with the
first day of the nine (9) completed calendar quarters im­mediately
preceding the first day of an individual's benefit
year and ending with the last day of the next to the last
completed calendar quarter immediately preceding any
week with respect to which benefits are payable.
(b) "Benefits" means the money payments payable to
an individual, as. provided in this Act, with respect to his
unemployment.
(c) "Benefit year" with respect to any individual means
the fifty-two (52) consecutive weeks period beginning with
the first day of the week with respect to which benefits
are first payable to him, and thereafter the fifty-two (52)
consecutive weeks period beginning with the first day of
the first week with respect to which benefits are next pay­able
to him after the termination of his last preceding
benefit year.
Any claim for benefits made in accordance with section
6 (a) (§ 56-1006) of this act shall be deemed a valid claim
for the purpose of this subsection if the individual has been
paid the wages for insured work required under section
4 (d). (4) (§ 56-1004) of this Act. For the purposes of this
subsection a week with respect to which an individual files
a valid claim shall be deemed to be "in", "within", or
12 LAWS OF ARIZONA
"during" that benefit year which includes the greater part
of such week.
(d) "Calendar quarter" means the period of three (3)
consecutive calendar months ending on March 31, June 30,
September 30, or December 31, or the equivalent thereof
as the commission may by regulation prescribe.
(e) "Contributions" means the money payments re~
quired by this Act to be made into the state unemployment
compensation fund by any employing unit on account of
having individuals in its employ.
(f) "Commission" means the employment security com­mission
of Arizona.
(g) "Employing unit" means any individual or type of
organization, including any partnership, association, trust,
estate, joint-stock company, insurance company or corpora­tion,
whether domestic or foreign, or the receiver, trustee in
bankruptcy, trustee or successor of any of the foregoing,
or the legal representative of a deceased person, which has
or subsequent to January 1, 1936, had one (1) or more
individuals performing services for it within this state.
(1) All individuals performing services within this state
for any employing unit which maintains two (2) or more
separate establishments within this state shall be deemed
to be performing services for a single employing unit for
all the purposes of this Act.
(2) Each individual employed to perform or to assist
in performing the work of any person in the service of an
employing unit shall be deemed to be engaged by such em­ploying
unit for all the purposes of this Act, whether such
individual was hired or paid directly by such employing
unit or by such person, provided the employing unit had
actual or constructive knowledge of the work.
(h) "Employer" means:
(1) Any employing unit which, prior to January 1,
1941, was an employer as defined by this law prior to that
date, or which, subsequent to December 31, 1940, for some
portion of a day, but not necessarily simultaneously, in each
of twenty (20) different calendar weeks, whether or not
such weeks are or were consecutive, within either the cur­rent
or the preceding calendar year (and for the purpose
of this definition if any week includes both December 31
LAWS OF ARIZONA 13
and January 1, the days up to January 1 shall be deemed
one (1) calendar week and the days beginning January 1
another such week), has or had in employment, three (3)
or more individuals (irrespective of whether the same indi­viduals
are or were employed in each such day) .
(2) Any individual or employing unit which acquired
the organization, trade or business or substantially all the
assets thereof, of another which at the time of such acquis­ition
was an employer subject to this Act; or which ac­quired
a part of the organization, trade, or business of
another which at the time of such acquisition was an em­ployer
subject to this Act provided such other would have
been an employer under paragraph (1) of this subsection
if such part had constituted its entire organization, trade
or business.
(3) Any individual or employing unit which acquired
the organization, trade or business, or substantially all the
assets thereof, of another employing unit if the employment
record of such individual or employing unit subsequent to
such acquisition, together with the employment record of
the acquired unit prior to such acquisition, both within the
same calendar year, would be sufficient to constitute an
employing unit an employer subject to this Act under para­graph
(1) of this subsection; or
(4) Any employing unit which, together with one (1)
or more other employing units, is owned or controlled (by
legally enforceable means or otherwise) directly or indirect­ly
by the same interests, or which owns or controls (by
legally enforceable means or otherwise) one (1) or more
other employing units, and which if treated as a single
unit with such other employing units or interests, or both,
would be an employer under paragraph (1) of this sub­section;
(5) Any employing unit not an employer by reason of
any other paragraph of this subsection for which services
in employment are performed with respect to which such
employing unit is liable for any federal tax against which
credit may be taken for contributions required to be paid
into a state unemployment compensation fund; but service
performed for such employing unit shall constitute employ­ment
for the purposes of this Act only to the extent that
such services constitute employment with respect to which
such federal tax is payable.
(6) Any employing unit which, having become an em­ployer
under paragraph (1), (2), (3) or (4), has not,
14 LAWS OF ARIZONA
under section 8 ( § 56-1008), ceased to be an employer
subject to this Act; or
(7) For the effective period of its election pursuant to
section 8 (c) (§ 56-1008), any other employing unit which
has elected to become subject to this Act.
(i) (1) "Employment" means any service performed
prior to January 1, 1941, which was employment as defined
in this section prior to such date, and subject to the other
provisions of this subsection, service performed after De­cember
31, 1940, including service in interstate commerce,
performed for wages or under any contract for hire, writ­ten
or oral, express or implied.
(2) The term "employment" shall include an individual's
entire service, performed within or both within and without
this state if :
(A) The service is localized in this state; or
(B) The service is not localized in any state but some
of the service is performed in this state and (i) the indi­vidual's
base of operations, or, if there is no base of oper­ations,
then the place from which such service is directed
or controlled is not in any state in which some part of the
service is performed but the individual's residence is in
this state.
(3) (A) Services covered by an election pursuant to
section 8 (c) (§ 56-1008) of this Act, and
(B) Services covered by an arrangement pursuant to
section 14 (§ 56-1018) of this Act between the commission
and the agency charged with the administration of any
other state or federal unemployment compensation law,
pursuant to which all services performed by an individual
for an employing unit are deemed to be performed entirely
within this state, shall be deemed to be employment if the
commission has approved an election of the employing
unit for whom such services are performed, pursuant to
which the entire service of such individual during the
period covered by such election is deemed to be insured
work.
( 4) Service shall be deemed to be localized within a
state if:
(A) The service is performed entirely within such
state; or
LAWS OF ARIZONA 15
(B) The service is performed both within and without
such state, but the service performed without such state
is incidental to the individual's service within the state, for
exemple, is temporary or transitory in nature or consists
of isolated transactions.
( 5) Services performed by an individual for wages or
under any contract of hire shall be deemed to be employ­ment
sgbject to this Act unless and until it is shown to the
satisfaction of the commission that:
(A) Such individual has been and will continue to be
free from control or direction over the performance of
such services, both under his contract of hire and in fact;
and
(B) Such service is either outside the usual course of
the business for which such service is performed or that
such service is performed outside of all the places of busi­ness
of the enterprise for which such service is performed;
and
(C) Such individual is customarily engaged in an inde­pendently
established trade, occupation, profession, or busi­ness
of the same nature as that involved in the contract
of service.
(6) The term "employment" shall not include:
(A) Agricultural labor as defined in paragraph (7) of
this subsection;
(B) Domestic service in a private home, local college
club, or local chapter of a college fraternity or sorority;
(C) Service performed as an officer or member of the
crew of a vessel on the navigable waters of the United
States;
(D) Service performed by an individual in the employ
of his son, daughter, or spouse, and service performed by
a child under the age of twenty-one (21) in the employ
of his father or mother;
(E) Service performed in the employ of the United
States government or an instrumentality of the United
States exempt under the Constitution of the United States
from the contributions imposed by this Act, except that to
the extent that the Congress of the United States shall
16 LAWS OF ARIZONA
permit states to require any instrumentalities of the United
States to make payments into an unemployment fund under
a state unemployment -compensation law, all of the provi­sions
of this Act shall be applicable to such instrumentali­ties,
in the same manner, to the same extent and on the
same terms as to all other employers, employing units,
individuals and services; provided that if this state shall
not be certified for any year by the social security board
under section 1603 (c) of the Federal Internal Revenue
Code (U.S.C., tit. 26, § 1603; 6A. F. C. A., tit. 26 § 1603),
the payments required of such instrumentalities with re­spect
to such year shall be refunded by the commission
from the fund in the same manner and within the same
period as is provided in section 13 (c) (§ 56-1014) of this
Act with respect to contributions erroneously collected;
(F) Service performed in the employ of this state or
of any other state, or of any political subdivision thereof,
or any instrumentality of any one (1) or more of the fore­going
which is wholly owned by this state or by one (1) or
more states or political subdivisions and which exercises
only governmental as distinguished from proprietary func­tions;
and any service performed in the employ of any
instrumentality of this state or of one (1) or more states
or political subdivisions to the extent that the instrumen­tality
is, with respect to such service, exempt under the
Constitution of the United States from the tax imposed
by section 1600 of the Federal Internal Revenue Code
(U.S.C., tit. 26, § 1600; 6A, F.C.A., tit. 26 § 1600.) ;
(G) Service with respect to which unemployment com­pensation
is payable under an unemployment -compensation
system established by an act of Congress;
(H) (i) Service performed in any calendar quarter in
the employ of any organization exempt from in-come tax
under section 101 of the Federal Internal Revenue Code
(U.S.C., tit. 26 § 101; 6 F.C.A., tit. 26, § 101), if:
(I) The remuneration for such services does not exceed
forty-five dollars ($45.00), or
(II) Such service is in connection with the collection
of dues or premiums for a fraternal beneficiary society,
order, or association, and is performed away from the home
office, or is ritualistic service in connection with any such
society, order, or association, or
(III) Such service is performed by a student who is
LAWS OF ARIZONA 17
enrolled and is regularly attending classes at a school,
college, or university;
(ii) Service performed in the employ of an agricultural
or horti<;ultural organization exempt from income tax un­der
section 101 (1) of the Federal Internal Revenue Code
(U.S.C., tit. 26, § 101; 6 F.C.A., tit. 26 § 101) ;
(iii) Service performed in the employ of a voluntary
employees' beneficiary association providing for the pay­ment
of life, sick, accident, or other benefits to the members
of such association or their dependents, if (I) no part of
its net earnings inures (other than through such payments)
to the benefit of any private shareholder or individual, and
(II) eighty-five (85) per centum or more of the income
consists of amounts collected from members for the sole
purpose of making such payments and meeting expenses ;
(iv) Service performed in the employ of a voluntary
employees' beneficiary association providing for the pay­ment
of life, sick, accident, or other benefits to the members
of such association or their dependents or their designated
beneficiaries, if (I) admission to membership in such asso­ciation
is limited to individuals who are officers or employees
of the United States government, and (II) no part of the
net earnings of such association inures (other than through
such payments) to the benefit of any private shareholder
or individual;
(v) Service performed in any calendar quarter in the
employ of a school, college, or university, not exempt from
income tax under section 101 of the Federal Internal Rev­enue
Code (U.S.C., tit. 26, § 101; 6 F.C.A., tit. 26, § 101),
if such service is performed by a student who is enrolled
and is regularly attending classes at such school, college,
or university, and the remuneration for such service does
not exceed forty-five dollars ($45.00) (exclusive of room,
board, and tuition) ;
(vi) Service performed in the employ of a corporation,
community chest, fund, or foundation, organized and oper­ated
exclusively for religious, charitable, scientific, literary,
or educational purposes, or for the prevention of cruelty
to children or animals, no part of the net earnings of which
inures to the benefit of any private shareholder or individ­ual,
and no substantial part of the activities of which is
carrying on propaganda, or otherwise attempting, to in­fluence
legislation;
(vii) Service performed as a student nurse in the em-
18 LAWS OF ARIZONA
ploy of a hospital or a nurses' training school by an indi­vidual
who is enrolled and is regularly attending classes
in a nurses' training school chartered or approved pursuant
to a state law; and service performed as an interne in the
employ of a hospital by an individual who has completed
a four ( 4) years' course in a medical school chartered or
approved pursuant to state law;
(viii) Service performed by an individual for a person
as an insurance agent or as an insurance solicitor, if all
such service performed by such individual for such person
is performed for remuneration solely by way of commission;
(ix) Service performed by an individual in the delivery,
distribution, or sale of newspapers or shopping news, not
including delivery or distribution to any point for subse­quent
delivery or distribution; or
(x) Service performed by an individual for a person
as a real estate broker or a real estate salesman, if all such
service performed by said individual for such person is
performed for remuneration solely by way of commission.
(I) Service performed in the employ of a foreign gov­ernment
(including service as a consular or other officer
or employee or a nondiplomatic representative) ;
(J) Service performed in the employ of an instrumen­tality
wholly owned by a foreign government;
(i) If the service is of a character similar to that per­formed
in foreign countries by employees of the United
States government or of an instrumentality thereof; and
(fi) If the commission finds that the United States
secretary of state has certified to the United States secre­tary
of the treasury that the foreign government, with
respect to whose instrumentality exemption is claimed,
grants an equivalent exemption with respect to similar
service performed in the foreign country by employees
of the United States government and of instrumentalities
thereof;
(K) Service covered by an arrangement between the
commission and the agency charged with the administration
of any other state or federal unemployment compensation
law pursuant to which all services performed by an indi­vidual
for an employing unit during the period covered by
such employing unit's duly approved election, are deemed
to be performed entirely within such agency's state.
LAWS OF ARIZONA 19
(7) Agricultural Labor. The term "agricultural labor"
includes all services performed:
(A) On a farm, in the employ of any person, in con­nection
with cultivating the soil, or in connection with
raising or harvesting any agricultural or horticultural com­modity,
including the raising, shearing, feeding, caring for,
training and management of livestock, bees, poultry, and
fur-bearing animals and wildlife.
(B) In the employ of the owner or tenant or other
operator of a farm, in connection with the operation, man­agement,
conservation, improvement or maintenance of
such farm and its tools and equipment, or in salvaging
timber or clearing land of brush and other debris left by
a hurricane, if the major part of such service is performed
on a farm;
(C) In connection with the production or harvesting
of maple sugar or maple syrup, or in connection with the
raising or harvesting of mushrooms, or in connection with
the hatching of poultry, or in connection with the ginning
of cotton, or in connection with the operation or main­tenance
of ditches, canals, reservoirs, or waterways used
exclusively for supplying and storing water for farming
purposes;
(D) In handling, planting, drying, packaging, packing,
processing, freezing, grading, storing or delivery to storage
or to market, or to a carrier for transportation to market,
any agricultural or horticultural commodity; but only if
such service is performed as an incident to ordinary farm­ing
operations, or, in the case of fruits and vegetables, as
an incident to the preparation of such fruits or vegetables
for market. The provision of this paragraph shall not be
deemed to be applicable with respect to service performed
in connection with commercial canning or commercial freez­ing
or in connection with any agricultural or horticultural
commodity after its delivery to a terminal market for dis­tribution
for consumption.
As used in this subsection, the term "Farm" includes
stock, dairy, poultry, fruit, fur-bearing animal, and truck
farms, plantations, ranches, nurseries, ranges, greenhouses
or other similar structures used primarily for the raising
of agricultural or horticultural commodities, and orchards.
(j) "Employment office" means a free public employ­ment
office or branch thereof operated by this or any other
20 LAWS OF ARIZONA
state as a part of a state-controlled system of public em­ployment
offices.
(k) "Fund" means the unemployment compensation
fund established by this Act.
(l) "State" includes, in addition to the states of the
United States of America, Alaska, Hawaii, and the District
of Columbia.
(m) "Unemployment". An individual shall be deemed
"unemployed" with respect to any week during which he
performs no services and with respect to which no wages
are payable to him, or with respect to any week of less than
full-time work if the wages payable to him with respect
to such week are less than his weekly benefit amount.
(n) "Wages" means all remuneration for services from
whatever source, including commissions and bonuses and
the cash value of all remuneration in any medium other
than cash. Gratuities customarily received by an individual
in the course of his work from persons other than his em­ploying
unit shall be treated as wages received from his
employing unit. The reasonable cash value of remuneration
in any medium other than cash, and the reasonable amount
of gratuities, shall be estimated and determined in accord­ance
with rules prescribed by the commission; provided
that the term "wages" shall not include:
(1) For the purposes of section 3 (d), section (4) (d)
(4), and section 7 §§ 56-1003, 56-1004, 56-1007) of this
Act, that part of the remuneration which, after remunera­tion
equal to three thousand dollars $3,000) has been paid
to an individual by an employer with respect to employment
during any calendar year, is paid to such individual by such
employer with respect to employment occurring during such
calendar year and after January 1, 1940.
(2) The amount of any payment with respect to serv­ices
performed after January 1, 1941, to, or on behalf of,
an individual in its employ under a plan or system estab­lished
by an employing unit which makes provision for ·
individuals in its employ generally or for a class or classes
of such individuals (including any amount paid by an
employing unit for insurance or annuities, or into a fund,
to provide for any such payment) on account of (A) re­tirement,
or (B) sickness or accident disability, or (C)
medical and hospitalization expenses in connection with
sickness or accident disability, or (D) death, provided the
individual in its employ (i) has not the option to receive,
LAWS OF ARIZONA 21
instead of provision for such death benefit, any part of
such payment or, if such death benefit is insured, any part
of the premiums (or contributions to premiums) paid by
his employing unit, and (ii) has not the right, under the
provisions of the plan or system or policy of insurance
providing for such death benefit, to assign such benefit,
or to receive cash consideration in lieu of such benefit
either upon his withdrawal from the plan or system pro­viding
for such benefit or upon termination of such plan
or system or policy of insurance or of his services with
such employing unit;
(3) The payment by an employing unit (without de­duction
from the remuneration of the individual in its
employ) of the tax imposed upon an individual in its em­ploy
under section 1400 of the Federal Internal Revenue
Code (U.S.C., tit. 26, § 1400; 6 A, F.C.A., tit. 26, § 1400)
with respect to services performed after January 1, 1941,
or
(4) Dismissal payments after January 1, 1941, which
the employing unit is not legally required to make.
(o) "Week" means such period of seven (7) consecutive
days, as the commission may by regulation prescribe.
(p) "Insured work" means employment for employers.
(Laws 1936 (1st S.S.), ch. 13, § 2, p. 53; 1941, ch. 124,
§ 2, p. 325.)
Sec. 2. EMERGENCY. To preserve the public peace,
health and safety, it is necessary that this Act become
immediately operative. It is therefore declared to be an
emergency measure, to take effect as provided by law.
Approved by the Governor-February 19, 1947.
Filed in the Office of the Secretary of State-February
19, 1947.
CHAPTER 11
(House Bill No. 16)
AN ACT
RELATING TO GUARDIAN AND WARD, AND AMEND­ING
SECTION 42-136, ARIZONA CODE OF 1939.
22 LAWS OF ARIZONA
Be it enacted by the Legislature of the State of Arizona:
Section 1. Sec. 42-136, Arizona Code of 1939, is amend­ed
to read:
42-136. APPOINTMENT. If, after a hearing upon
such petition, it appear to the court that the person is
incapable of taking care of himself or managing his prop­erty,
the court shall appoint a guardian of his person or
estate, or both. The guardian so appointed shall have the
care and custody of the person of his ward, or the care and
management of his estate, or both, until legally discharged;
and he must give bond to the ward, in like manner and
with like conditions, and shall have the powers and duties
herein prescribed for the guardian of a minor.
Approved by the Governor-February 20, 1947.
Filed in the Office of the Secretary of State~February
21, 1947.
CHAPTER 12
(House Bill No. 68)
AN ACT
MAKING AN EMERGENCY APPROPRIATION TO THE
STATE TREASURER, AND DECLARING AN EMER­GENCY.
Be it Enacted by the Legislature of the State of Arizona:
Section 1. APPROPRIATION. The sum of eight hun­dred
seventy-five dollars is appropriated to the state treas­urer
to be available during the remainder of the thirty-fifth
fiscal year, for additional personnel.
Sec. 2. EMERGENCY. To preserve the public peace,
health, and safety it is necessary that this Act become
immediately operative. It is therefore declared to be an
emergency measure, to take effect as provided by law.
Approved by the Governor-February 24, 1947.
Filed in the Office of the Secretary of State-February
24, 1947.
LAWS OF ARIZONA 23
CHAPTER 13
(House Bill No. 241)
AN ACT
MAKING AN APPROPRIATION TO THE ARIZONA
STATE HOSPITAL, AND DECLARING AN EMER­GENCY.
Be it Enacted by the Legislature of the State of Arizona:
Section 1. APPROPRIATION. There is hereby appro­priated
to the Arizona State Hospital the sum of fifteen
thousand dollars ($15,000.00). ·
Sec. 2. PURPOSE. The purpose of the appropriation
made in section 1 is for the purchase of buildings, appur­tenances
and equipment now located at Rivers, Arizona,
and owned by the Federal Government.
Sec. 3. EMERGENCY. To preserve the public peace,
health, and safety it is necessary that this Act become
immediately operative. It is therefore declared to· be an
emergency measure, to take effect as provided by law.
Approved by the Governor-February 24, 1947.
Filed in the Office of the Secretary of State-February
24, 1947.
CHAPTER 14
(Senate Bill No. 48)
AN ACT
PROVIDING FOR THE ALLOCATION OF EXCESS
COUNTY FUNDS, UNDER CERTAIN CIRCUM­STANCES,
TO COUNTY SCHOOL FUNDS; PROVID­ING
FOR THE APPORTIONMENT THEREOF TO
SCHOOL DISTRICTS, AND PROVIDING FOR THE
EXPENDITURE THEREOF FOR SCHOOL PUR­POSES.
Be it enacted by the Legislature of the State of Arizona:
Section 1. CIRCUMSTANCES PERMITTING TRANS-
24 LAWS OF ARIZONA
FER OF FUNDS. Any other statute to the contrary not­withstanding,
whenever a county has on hand funds or
revenue in excess of those required to meet all expenditures,
debts, obligations and liabilities incurred or to be incurred
under its current budget, and such county, because of the
anticipated revenue to be derived from other sources, was
not required to and did not levy and assess any amount to
be raised by direct taxation to meet such expenditures,
debts, obligations and liabilities, the board of supervisors
may order the county treasurer to transfer all or so much
of such excess funds or revenue as it may in its discretion
determine to the. county school fund to be allocated and
apportioned by the county school superintendent to the
several school districts in the county in accordance with
the provisions of section 54-608 (a), Arizona Code of 1939,
as amended.
Sec. 2. APPLICATION AND EXPENDITURE OF
FUNDS. Money received by any school district in accord­ance
with the provisions of section 1 hereof shall be ap­plied
to the reduction of any special school district tax
not theretofore levied for the fiscal year in which said
money is received, and to the reduction of any special
school district tax which would otherwise be levied for the
next ensuing fiscal year, and any balance may be applied
by the governing board of such school district, first, to the
payment of interest and principal of the bonded debts of
the district or the provision of a sinking fund therefor,
and, second, to the construction, alteration, or repair of
school buildings and facilities and to such other school
purposes as such governing body may determine, including
the reduction of school district taxes for additional subse­quent
years.
Approved by the Governor-February 24, 1947.
Filed in the Office of the Secretary of State-February
24, 1947.
CHAPTER 15
(House Bill No. 49)
AN ACT
RELATING TO ADULT PROBATION; PRESCRIBING
THE COMPENSATION OF THE ADULT PROBA­TION
OFFICER, HIS DEPUTIES AND ASSIST­ANTS;
AMENDING SECTION 44-2231, ARIZONA
LAWS OF ARIZONA 25
CODE OF 1939; AND DECLARING AN EMER­GENCY.
Be it Enacted by the Legislature of the State of Arizona:
Section 1. Sec. 44-2231, Arizona Code of 1939, is amend­ed
to read:
44-2231. SALARIES AND EXPENSES. The salary
of the adult probation officer, and of each deputy or assist­ant,
shall be fixed by the judge making the appointment,
but in no instance shall the salary of the adult probation
officer exceed three hundred dollars per month, nor shall
the salary of any deputy or assistant exceed two hundred
seventy-five dollars per month. The actual expenses of any
officer, deputy or assistant, incurred in the performance
of his duty or in the execution of the orders of the court
shall, when approved by the judge or judges of the crim­inal
division of the superior court, be paid as other county
charges.
Sec. 2. EMERGENCY. To preserve the public peace,
health, and safety it is necessary that this Act become
immediately operative. It is therefore declared to be an
emergency measure, to take effect as provided by law.
Approved by the Governor-February 26, 1947.
Filed in the Office of the Secretary of State~February
26, 1947.
CHAPTER 16
(House Bill No. 103)
AN ACT
RELATING TO THE LEGISLATURE, PROVIDING FOR
THE REIMBURSEMENT OF MEMBERS FOR EX­PENDITURES
FOR SUBSISTENCE AND LODGING,
AND DECLARING AN EMERGENCY.
Be it enacted by the L£gis]ature of the State of Arizona:
Section 1. REIMBURSEMENT OF MEMBERS OF
LEGISLATURE. Any member or employee and officer of
the legislature, while absent from his usual place of resi-
26 LAWS OF ARIZONA
dence in the service of the state during a session of the
legislature, shall be reimbursed for his actual and necessary
expenditures for subsistence and lodging, not to exceed
the suni of ten dollars per day. All claims for reimburse­ment
as provided in this Act shall be filed as other claims
against the state, and shall be accompanied by receipts
or vouchers evidencing such expenditures.
Sec. 2. EMERGENCY. To preserve the public peace,
health, and safety it is necessary that this Act become
immediately operative. It is therefore declared to be an
emergency measure, to take effect as provided by law.
Passed without the emergency clause and filed in the
Office of the Governor February 21st. Disapproved by the
Governor February 27th.
Passed the House and Senate February 28th, the Gov­ernor's
veto notwithstanding.
Filed in the Office of the Secretary of State-February
28, 1947.
CHAPTER 17
(House Bill No. 1)
AN ACT
RELATING TO THE EDUCATION OF CRIPPLED CHIL­DREN,
AND MAKING AN APPROPRIATION.
Be it Enacted by the Legislature of the State of Arizona:
Section 1. APPROPRIATION. There is appropriated
annually to the state superintendent of public instruction
the sum of five thousand four hundred dollars, for the pay­ment
of expenses incurred in the education of children, as
provided in section 2. This appropriation is exempt from
the quarterly allotment or expenditure limitations of sec­tion
2, article 4, chapter 86, Session Laws of 1943.
Sec. 2. PURPOSE. Three thousand six hundred dol­lars
of the appropriation made in section 1 shall be ex­pended
by the Maricopa County School Superintendent for
the education of patients at the convalescent home for
crippled children; and one thousand eight hundred dollars
of the appropriation made in section 1 shall be expended
LAWS OF ARIZONA 27
by the Pima County School Superintendent for the educa­tion
of crippled children.
Sec. 3. METHOD OF DISBURSEMENT. The Mari­copa
County School Superintendent and the Pima County
School Superintendent shall present their claims for ex­penditures
made under the provisions of this Act to the
state superintendent of public instruction, who, upon ap­proval
of the same, shall file them with the state auditor
as provided by law.
Approved by the Governor-March 3, 1947.
Filed in the Office of the Secretary of State-March 3,
1947.
CHAPTER 18
(House Bill No. 99)
AN ACT
MAKING A DEFICIENCY APPROPRIATION TO THE
SUPREME COURT, AND DECLARING AN EMER­GENCY.
Be it Enacted by the Legislature of the State of Arizona:
Section 1. APPROPRIATION. In addition to the ap­propriation
made under the provisions of subdivision 9,
section 1, chapter 103, Laws of 1945, regular session, the
sum of eight hundred dollars is appropriated to the supreme
court, for other current expenditures, to be available dur­ing
the remainder of the thirty-fifth fiscal year.
Sec. 2. EMERGENCY. To preserve the public peace,
health, and safety it is necessary that this Act become
immediately operative. It is therefore declared to be an
emergency measure, to take effect as provided by law.
Approved by the Governor-March 3, 1947.
Filed in the Office of the Secretary of State-March 3,
1947.
LAWS OF ARIZONA
CHAPTER 19
(Senate Bill No. 39)
AN ACT
RELATING TO ELECTIONS; PROVIDING FOR THE
DIVISION OF THE STATE INTO CONGRESSIONAL
DISTRICTS FOR THE ELECTION OF REPRESEN­TATIVES
IN CONGRESS, AND AMENDING CHAP­TER
55, ARIZONA CODE OF 1939, BY ADDING
ARTICLE 16.
Be it enaderl by the Lzgis!ahn:e ·of the State of Arizona:
Section 1. Chapter 55, Arizona Code of 1939, is amend­ed
by adding article 16:
Article 16
CONGRESSIONAL DISTRICTS
55-1601. CONGRESSIONAL DISTRICTS. For the
purpose of selecting the number of representatives in con­gress
to which the state of Arizona is entitled, by and from
districts, the following congressional districts are created:
1. Congressional district No. 1 shall comprise the coun­ty
of Maricopa.
2. Congressional district No. 2 shall comprise the coun­ties
of Apache, Cochise, Coconino, Gila, Graham, Greenlee,
Mohave, Navajo, Pima, Pinal, Santa Cruz, Yavapai and
Yuma.
55-1602. CONDITIONAL DISTRICTS. In the event,
and when, the state of Arizona shall be entitled, under the
terms of the Act of apportionment, to three representatives
in congress the state shall consist of three districts, formed
respectively as follows :
1. Congressional district No. 1 shall comprise the coun­ty
of Maricopa.
2. Congressional district No. 2 shall comprise the coun­ties
of Cochise, Pima, Pinal, Santa Cruz and Yuma.
LAWS OF ARIZONA 29
3. Congressional district No. 3 shall comprise the coun­ties
of Apache, Coconino, Gila, Graham, Greenlee, Mohave,
Navajo and Yavapai.
Filed in the Office of the Governor-February 25. Dis­approved
by the Governor-March 3.
Passed the Senate March 3 and the House March 4,
the Governor's veto notwithstanding.
Filed in the Office of the Secretary of State-March 4,
1947.
CHAPTER 20
(House Bill No. 100)
AN ACT
RELATING TO DISTRICT IMPROVEMENTS; PRE­SCRIBING
IMPROVEMENTS WHICH MAY BE OR­DERED;
AMENDING SECTIONS 16-2811 AND 16-
2858, ARIZONA CODE OF 1939, AND DECLARING
AN EMERGENCY.
Be it Enacted by the Legislature of the State of Arizona:
Section 1. Sec. 16-2811, supplement to Arizona Code
of 193.9 (section 11, chapter 43, Laws of 1945), is amended
to read:
16-2811. DISTRICT MAY ORDER PUBLIC IM­PROVEMENTS.
Whenever the public interest or con-
. venience may require, the board of directors of an im­provement
district is empowered to order: 1. the whole or
any portion, either in length or width, of one or more of
the streets of such district graded or regraded, paved or
repaved, or otherwise improved or reimproved; 2. the con­struction,
reconstruction or repair of any tunnel, subway,
viaduct or conduit in, on, under or over which the district
may have an easement or right of way therefor; 3. the
construction or reconstruction of sidewalks, crosswalks,
curbs, gutters, culverts, bridges, tunnels, siphons, manholes,
steps, par kings, parkways; 4. the placement, replacement
or repair of pipes, hydrants and appliances for fire pro­tection;
5. the construction, reconstruction or repair of
sewers, ditches, drains, conduits, pipelines and channels
for sanitary and drainage purposes, with outlets, cess-
30 LAWS OF ARIZONA
pools, manholes, catch basins, flush tanks, septic tanks,
connecting sewers, ditches, drains, conduits, channels and
other appurtenances in, under, over or through any street
or any land of the district or any right of way granted
or obtained for such purpose, either within or without the
district limits; 6. the construction, reconstruction or repair
of waterworks for the delivery of water for domestic pur­poses,
and of wells, ditches, canals, channels, conduits,
pipelines and siphons, together with the necessary or usual
appurtenances for carrying storm water or water from
irrigation ditches, water courses, streams or springs into,
through or out of such district in, under, over or through
any street, or any land of the district or any right of way
granted or obtained for such purpose, either within or
without the district limits; 7. the construction, reconstruc­tion
or repair of breakwater levees or walls to protect the
streets of the district from injury; 8. the construction,
reconstruction or repair of lighting plants and poles, wire
conduits, lamps, standards, and other appliances for the
purpose of lighting and beautifying the streets improved,
and, 9. the construction, reconstruction or repair of any
work incidental to or connected with any such improve­ment.
Sec. 2. Sec. 16-2858, Arizona Code of 1939 (section 58,
chapter 43, Laws of 1945), is amended to read:
16-2858. DEFINITIONS. As used in this Act, unless
the context otherwise requires :
"unincorporated town or settlement" means any com­munity
of inhabitants not within the limits of any incor­porated
city or town, so situated that any of the improve­ments
provided for in this Act might reasonably or prop­erly
be made or constructed for the benefit of such com­munity
of inhabitants under existing special assessment
statutes if the same were situated within an incorporated
city or town.
"street" includes avenues, alleys, highways, lanes, cross­ings,
intersections, courts, places and grounds opened or
dedicated to public use and public ways.
"sewers" includes tunnels, excavations, ditches, drains,
conduits, channels, outlets, outfalls, cesspools, manholes,
catch basins, flush tanks, septic tanks, connecting sewers
of every character, machinery, apparatus, equipment and
all appliances and structures necessary or incidental to
the construction, installation or operation of a complete
sewer system for either sanitary or drainage purposes.
LAWS OF ARIZONA 31
"waterworks" means works for the storage or develop­ment
of water for domestic uses, and includes wells, pump­ing
machinery, power plants, pipelines and all equipment
necessary for the purpose.
"lighting plants" includes electric light plants, electric
power plants, gas plants, distribution systems, poles, parts,
pipes, conduits, wires, tanks, reservoirs, generators for gas
or electricity, transmission lines, towers, lamps, transform­ers
of every character, machinery, apparatus, equipment
and ~II appliances and structures necessary or incidental to
the construction, ,installation or operation of a complete
electric light power and gas plant and distribution system
placed on the streets improved, though extended beyond.
"work" or "improvement" includes any or all of the
improvements mentioned-and authorized to be made in this
Act; also the construction, reconstruction and repair of
all or any portion of any such improvements and also all
labor, services, incidental expenses and material necessary
or incidental thereto.
"engineer" or "district engineer" means any person
designated or employed by the board of directors of the
district to perform any or all of the engineering work
authorized to be done by the district under this Act.
"clerk" or "district clerk" means the clerk of the board
of supervisors, who shall be the clerk tinder this Act and
in whose office shall be filed all papers directed or required
to be filed with the clerk.
"treasurer" or "district treasurer" means the treasurer
of the county in which the district is situated who shall be
the treasurer of the district.
"street superintendent" or "superintendent" shall be
an employee of the county designated by the board of
supervisors to perform the duties prescribed for street
superintendent for all of the districts organized in the
county under this Act.
"block" means any parcel of ground, whether regular
or irregular, which is bounded by streets or by one or more
streets and by one or more boundary lines of the district.
"lot" includes any portion, piece, parcel or subdivision
of land, but shall not include property owned or controlled
by any person as a railroad right of way.
32 LAWS OF ARIZONA
"chairman of the board of directors" is the person de­signated
by the board of directors to preside over their
meetings.
"contractor" includes his personal representative or
assignee.
"owner" means the person in whom on the day the
action or proceeding is commenced appears the legal title
to the lot by deed recorded in the recorder's office or the
person in possession of the lot under claim, title or exer­cising
acts of ownership over the same for himself or as
the personal representative of the owner.
"improvement bond" means one of the bonds issued
under the provisions hereof.
"assessment" or "assessment roll" means a special as­sessment
made under the provisions hereof.
"delinquency" means delinquency in the payment of
an assessment.
"time of delinquency" means the time fixed when as­sessments
become delinquent.
Sec. 3. EMERGENCY. To preserve the public peace,
health, and safety it is necessary that this Act become
immediately operative. It is therefore declared to be an
emergency measure, to take effect as provided by law.
Approved by the Governor-March 4, 1947.
Filed in the Office of the Secretary of State-March 4,
1947.
CHAPTER 21
(House Bill No. 226)
AN ACT
DIRECTING THE STATE AUDITOR TO PAY CERTAIN
CLAIMS PRESENTED AFTER THE CLOSE OF THE
FISCAL YEAR IN WHICH THE CLAIMS ACCRUED.
Be it Enacted by the Legislature of the State of Arizona:
LAWS OF ARIZONA 33
Section 1. AUTHORIZATION. The state auditor is
directed to audit and, if found to be lawful, to pay the
following claims, in the total sum of sixty-six dollars
eighty-seven cents, which were presented after the close of
the fiscal year in which the claims accrued:
1. Against the game and fish fund, by the: la. Lake­side
Light & Power Co., by the Valley National Bank of
Phoenix as executor of the estate of H. D. Lore, for light
and power, May 1 to June 30, 1946, fifty-two dollars sixty­eight
cents; lb. Richfield Oil Corporation, for gas and oil,
December 29, 1945 to February 1, 1946, fourteen dollars
nineteen cents.
Sec. 2. EMERGENCY. To preserve the public peace,
health, and safety it is necessary that this Act become
immediately operative. It is therefore declared to be an
emergency measure, to take effect as provided by law.
Approved by the Governor-March 10, 1947.
Filed in the Office of the Secretary of State-March 10,
1947.
CHAPTER 22
(House Bill No. 175)
AN ACT
MAKING AN APPROPRIATION TO THE BOARD OF
REGENTS OF THE UNIVERSITY AND STATE
COLLEGES OF ARIZONA FOR CONSTRUCTION OF
A SCIENCE BUILDING AT THE ARIZONA STATE
COLLEGE AT FLAGSTAFF; AND DECLARING AN
EMERGENCY.
Be it Enacted by the Legislature of the State of Arizona:
Section 1. APPROPRIATION. There is hereby ap­propriated
to the board of regents of the university and
state colleges of Arizona the sum of two hundred thousand
dollars for the construction of a science building at the
Arizona state college at Flagstaff, for the equipment of
such building and the extension of heating, lighting and
.service facilities thereto.
34 LAWS OF ARIZONA
Sec. 2. LAPSING OF APPROPRIATION. The appro­priation
made in section 1 shall not lapse until the purpose
for which the appropriation is made shall have been ac­complished
or abandoned unless the appropriation shall
have stood for four years from the effective date of this
Act without an expenditure therefrom or encumbrance
thereon; this being an exception to the lapsing provisions
of section 10-930, Arizona Code of 1939.
Sec. 3. EMERGENCY. To preserve the public peace,
health, and safety it is necessary that this Act become
immediately operative. It is therefore declared to be an
emergency measure, to take effect as provided by law.
Approved by the Governor-March 10, 1947.
Filed in the Office of the Secretary of State-March 10,
1947.
CHAPTER 23
(House Bill No. 225)
AN ACT
DIRECTING THE STATE AUDITOR TO PAY A CLAIM
PRESENTED AFTER THE CLOSE OF THE FISCAL
YEAR DURING WHICH THE CLAIM ACCRUED.
Be it Enacted by the Legislature of the State of Arizona:
Section 1. AUTHORIZATION. The state auditor is
directed to audit and, if· found to be lawful, to pay from
the general fund the claim, in the amount of seventy-four
dollars ten cents, of the Florence Crittenton Home against
the board of directors of state institutions for juveniles, for
care of delinquent girls, from May 22, 1946, to June 30,
1946, inclusive.
Sec. 2. EMERGENCY. To preserve the public peace,
health, and safety it is necessary that this Act become
immediately operative. It is therefore declared to be an
emergency measure, to take effect as provided by law.
Approved by the Governor-March 10, 1947.
Filed in the Office of the Secretary of State-March 10,
1947.
LAWS OF ARIZONA 35
CHAPTER 24
(House Bill No. 185)
AN ACT
MAKING APPROPRIATIONS TO THE BOARD OF RE­GENTS
OF THE UNIVERSITY AND STATE COL­LEGES
OF ARIZONA FOR CONSTRUCTION OF A
PHYSICAL EDUCATION BUILDING AND A STA­DIUM
AT THE ARIZONA STATE TEACHERS COL­LEGE
AT FLAGSTAFF; AND DECLARING AN
EMERGENCY.
Be it Enacted by the Legislature of the State of Arizona:
Section 1. APPROPRIATIONS. There is hereby ap­propriated
to the board of regents of the university and
state colleges of Arizona the following sums:
1. The sum of two hundred seventy five thousand dol­lars
for the construction of a physical education building
at the Arizona state college at Flagstaff, for the equipment
of such building and the extension of heating, lighting
and service facilities thereto.
2. The sum of seventy-five thousand dollars for the
construction of a stadium at the Arizona state college at
Flagstaff, for the equipment of such stadium and the ex­tension
of heating, lighting and service facilities thereto.
Sec. 2. LAPSING OF APPROPRIATIONS. The ap­propriations
made in section 1 shall not lapse until the
purposes for which the appropriations are made shall have
been accomplished or abandoned unless the appropriations
shall have stood for four years from the effective date of
this Act without an expenditure therefrom or encumbrance
thereon; this being an exception to the lapsing provisions
of section 10-930, Arizona Code of 1939.
Sec. 3. EMERGENCY. To preserve the public peace,
health, and safety it is necessary that this Act become
immediately operative. It is therefore declared to be an
emergency measure, to take effect as provided by law.
Approved by the Governor-March 10, 1947.
Filed in the Office of the Secretary of State-March 10,
1947.
36 LAWS OF ARIZONA
CHAPTER 25
(House Bill No. 176)
AN ACT
AUTHORIZING THE BOARD OF REGENTS OF THE
UNIVERSITY AND STATE COLLEGES OF ARI­ZONA
TO BORROW MONEY FOR IMPROVEMENT
OF THE UNIVERSITY LIBRARY BUILDING AND
TO PROVIDE FOR PAYMENT THEREOF; AND
DECLARING AN EMERGENCY.
Be it Enacted by the Legislature of the State of Arizona:
Section 1. DEFINITIONS. In this Act, unless the
context otherwise requires :
"institution" means the university of Arizona, and in­cludes
the board of regents of the university and state col­leges
of Arizona or any successor governing body;
"board" means the board of regents of the university
and state colleges of Arizona or any successor governing
body;
"notes" means any promissory note or notes issued
pursuant to this Act, or in renewal thereof.
Sec. 2. POWERS. For the purpose of obtaining funds
with which to install an air-cooling system in the library
building on the campus of the university of Arizona, the
institution shall have power in its proper name to borrow
money and issue notes; and to provide specially for the
payment of such notes.
Sec. 3. ISSUANCE OF NOTES. The institution is
authorized to borrow money in various amounts, but not
exceeding in the aggregate the sum of seventy-five thousand
dollars for the purpose of installing the said air-cooling
system, and to issue negotiable promissory notes and any
necessary renewal notes as evidence of the money so bor­rowed.
The notes shall be authorized by resolution of the
board, may mature at such times not exceeding ten years
from the respective dates thereof, may bear interest at
such rates not exceeding five percent per annum payable
semi-annually, and may be payable at such times and in
such partial sums, as such resolution or resolutions may
provide.
LAWS OF ARIZONA 37
Sec. 4. MONEYS OF THE INSTITUTION. No money
borrowed by the institution under the provisions of this
Act shall be required to be paid into the state treasury but
shall be deposited by the fiscal officer of the institution in
a separate bank account or accounts and disbursed in sat­isfaction
of approved claims arising under the contract
or contracts for installation of said cooling system.
Sec. 5. NOTES OBLIGATIONS OF INSTITUTION.
All notes issued pursuant to this Act shall be obligations
of the institution, payable only in accordance with the terms
thereof, and shall not be obligations general, special, or
otherwise of the state of Arizona. Such notes shall not
constitute a debt, legal or moral, of the state of Arizona
and shall. not be enforceable against the state, nor shall
payment thereof be enforceable out of any funds of the
institution other than such income from fees as, under the
authority of this Act and by resolution of the board, shall
have been allocated to the payment thereof.
Sec. 6. SPECIAL RETIREMENT FUND. To provide
for the payment of any money borrowed pursuant to this
Act, the board is authorized by resolution to establish a
special bank account into which, until such borrowed money
and interest thereon is fully paid, the fiscal officer of the
institution shall deposit all fees paid by students registered
at the university of Arizona for general use of the univer­sity
library. No money so derived from university library
fees and deposited in said special bank account shall be
required to be paid into the state treasury, but shall be
accumulated and disbursed solely in retirement of any debt
created under this Act.
Sec. 7. EMERGENCY. To preserve the public peace,
health, and safety it is necessary that this Act shall become
immediately operative. It is therefore declared to be an
emergency measure, to take effect as provided by law.
Approved by the Governor-March 10, 1947.
Filed in the Office of the Secretary of State-March 10,
1947.
CHAPTER 26
(House Bill No. 177)
AN ACT
RELATING TO POWER IN THE BOARD OF REGENTS
38 LAWS OF ARIZONA
OF THE UNIVERSITY AND STATE COLLEGES OF
ARIZONA TO ACCEPT GRANTS OF MONEY; MAK­ING
APPROPRIATIONS FOR THE CONSTRUCTION
. AND IMPROVEMENT OF BUILDINGS AT THE
ARIZONA STATE COLLEGE AT TEMPE; AMEND­ING
CHAPTER 82, ARIZONA SESSION LAWS, REG­ULAR
SESSION OF 1945; AND DECLARING AN
EMERGENCY.
Be it Enacted by the Legislatme of the State of Arizona:
Section 1. Sec. 1, Chapter 82, Arizona Session Laws,
Regular Session of 1945, is amended to read:
1. POWER TO ACCEPT GRANTS OF MONEY. The
board of regents of the university and state colleges of
Arizona shall have the power to accept grants of money
from the United States of America or any of its officers
or agencies designated or created to.make grants for public
construction work; or from any individual, group of indi­viduals,
corporation or association.
Sec. 2. Sec. 2, Chapter 82, Arizona Session Laws, Reg­ular
Session of 1945, is amended to read:
2. APPROPRIATIONS. The following sums are ap­propriated
to the board of regents of the university and
state colleges of Arizona:
1. For the thirty-fourth fiscal year, the sum of one
hundred fifty thousand dollars, for a science education
building at the Arizona State College at Tempe, and the
equipment of such building, the extension of heating,
lighting and other service facilities thereto and the erec­tion,
improvement, extension, repair, replacement, addi­tions
to, and equipment of, such other buildings as the
board of regents shall deem necessary, or so much of the
foregoing construction and improvements as the appro­priation
will permit.
2. For the thirty-fifth fiscal year, the sum of one hun­dred
fifty thousand dollars, for completion of a science
education building at the Arizona State College at Tempe
and the equipment of such building and the extension of
heating,. lighting and other service facilities thereto and
the erection, improvement, extension, repair, replacement,
additions to and equipment of such other buildings as the
board of regents shall deem necessary, or so much of the
LAWS OF ARIZONA 39
foregoing construction and improvements as the appro­priation
will permit.
Sec. 3. Sec. 3, Chapter 82, Arizona Session Laws, Reg­ular
Session of 1945, is amended to read:
3. LAPSING OF APPROPRIATIONS. The appro­priations
made in section 2 shall not lapse until the pur­poses
for which the appropriations are made shall have
been accomplished or abandoned unless the appropriations
have stood until 31 December, 1950 without an expenditure
therefrom or encumbrance thereon; this being an exception
to the lapsing provisions of section 7, article 4, chapter 86,
Session Laws of 1943.
Sec. 4. EMERGENCY. To preserve the public peace,
health, and safety it is necessary that this Act become
immediately operative. It is therefore declared to be an
emergency measure, to take effect as provided by law.
Approved by the Governor-March 10, 1947.
Filed in the Office of the Secretary of State-March 10,
'1947. '
CHAPTER 27
(House Bill No. 178)
AN ACT
AUTHORIZING THE BOARD OF REGENTS OF THE
UNIVERSITY AND STATE COLLEGES OF ARI­ZONA
TO CONSTRUCT, EQUIP, FURNISH, AND
MAINTAIN A STUDENT UNION MEMORIAL
BUILDING AT THE UNIVERSITY, AND FOR THAT
PURPOSE TO ACCEPT GIFTS, TO BORROW
MONEY AND ISSUE BONDS, AND TO PERFORM
NECESSARY OR CONVENIENT ACTS IN CONNEC­TION
WITH SUCH PROJECT; SUPERSEDING IN­CONSISTENT
PROVISIONS OF ALL OTHER LAWS;
AND DECLARING AN EMERGENCY.
Be it Enacted by the ugislature of the State of Arizona:
Section 1. DEFINITIONS. The following terms, wher­ever
used or referred to in this Act, shall have the following
40 LAWS OF ARIZONA
meaning unless a different meaning clearly appears from
the context:
"institution" means the university of Arizona;
"board" means the board of regents of the university
and state colleges of Arizona, or other governing body of
the institution;
"bonds" means any bonds issued pursuant to this Act;
"project" means any student union memorial building
constructed at the institution and the equipment and furn­ishings
therefor;
"acquire" includes to purchase, erect, build, construct,
reconstruct, repair, replace, extend, better, furnish, equip,
develop, improve, and embellish a project;
Sec. 2. POWERS. The board shall have power in its
proper name :
(a) To acquire any project, and to own, operate, and
maintain the same;
(b) To accept gifts of money and personal property
intended solely toward the construction, equipping and
furnishing of such project;
(c) To borrow money and issue bonds and to provide
for the payment of same and for the rights of the holders
thereof;
(d) To perform all acts and to do all things necessary
or convenient to carry out the powers herein granted.
Sec. 3. ISSUANCE OF BONDS. The board shall have
power and is hereby authorized from time to time to issue
negotiable bonds in various amounts, but not exceeding in
the aggregate principal amount the sum of two hundred
fifty thousand dollars, for the purpose of acquiring a
project in the form of a student union memorial building
at the institution with equipment and furnishings therefor.
The bonds shall be authorized by resolution of the board.
The bonds may be issued in one or more series, bear such
date or dates, be in such denomination or denominations,
mature at such time or times not exceeding twenty-five
years from the respective dates thereof, mature in such
amount or amounts, be callable at such time or times, bear
LAWS OF ARIZONA 41
interest payable semi-annually at such rate or rates, be in
such form either coupon or registered, carry such registra­tion
privileges, be executed in such manner, be payable in
such medium of payment, at such place or places, be subject
to such terms of redemption with or without premium, as
such resolution or other resolutions may provide. The bonds
may be sold at not less than par. The bonds shall be fully
negotiable within the meaning and for all the purposes
of Chapter 52 of the Arizona Code of 1939.
Sec. 4. POWERS TO SECURE BONDS. The board
in connection with the issuance of the bonds, or in order
to secure the payment of such bonds and interest thereon,
shall have power by resolution:
(a) To fix and maintain fees, admissions, rentals, and
other charges from students, faculty members, and others
using or being served by, or having the right to be served
by, such project;
(b) To provide that bonds issued hereunder shall be
secured by a first, exclusive, and closed lien on certain parts
or all of the income and revenue which shall be derived
from, and which shall be payable from fees, admissions,
rentals, and other charges from students, faculty members
and others using or being served by, or having the right
to use, or having the right to be served by, such project;
(c) To pledge and assign to, or in trust for the benefit
of, the holder or holders of the bonds issued hereunder
an amount of the income and revenue derived from fees,
admissions, rentals and other charges from students, fac­ulty
members and others using or being served by, or
having the right to use, or having the right to be served by,
sueh project;
(d) To covenant with or for the benefit of the holder
or holders of bonds issued hereunder to acquire such project
that so long as any such bonds shall remain outstanding
and unpaid, the institution will fix, maintain and collect in
such installments as may be agreed upon an amount of the
fees, admissions, rentals and other charges from students,
faculty members and others using or being served by, or
having the right to use, or having the right to be served
by, such project, which shall be sufficient to pay when
due the bonds issued hereunder to acquire such project,
and interest thereon, and to create and maintain reasonable
reserves therefor, and to pay the costs of operation and
maintenance of such project, including, but not limited to,
reserves for extraordinary repairs, insurance and main-
42 LAWS OF ARIZONA
tenance, which costs of operation and maintenance shall
be determined by the board in its absolute discretion;
(e) To make and enforce and agree to make and enforce
parietal rules that shall insure the use of such project by
all students attending the institution, faculty members
thereof, and others using or being served by, or having
the right to be served by, such project to the maximum
extent to which it is capable of serving them;
(f) To covenant that so long as any of the bonds issued
hereunder shall remain outstanding and unpaid, it will not,
except upon such terms and conditions as may be deter­mined:
1. voluntarily create or cause to be created any
debt, lien, pledge, assignment, encumbrance or other charge
having priority to or being on a parity with the lien of
the bonds issued hereunder upon any of the income and
revenues derived from fees, admissions, rentals and other
charges from stud