ARIZONA STATE SENATE

MOLLY GRAVER

LEGISLATIVE RESEARCH INTERN

JEFFREY ONG

LEGISLATIVE RESEARCH ANALYST

GOVERNMENT COMMITTEE

Telephone: (602) 926 -3171

Facsimile: (602) 926 -3833

RESEARCH STAFF

TO:                  MEMBERS OF THE SENATE

GOVERNMENT COMMITTEE

DATE:            February 5, 2018

SUBJECT:      Strike everything amendment to S.C.R. 1005, relating to state; municipal corporations; business

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Purpose

Subject to voter approval, constitutionally determines that municipal corporations within Arizona have the right to engage in industrial pursuits that serve a public purpose.   

Background

According to Article II of the Arizona Constitution, the State of Arizona and each municipal corporation within the state shall have the right to engage in industrial pursuits (Ariz. Const. art. 2 § 34).

In Crandall vs. Town of Safford, the Arizona Supreme Court found Section 34, Article II of the Arizona Constitution gives municipalities the right to engage in industrial pursuits, without specifying any limitation as to the kind or character of those pursuits (Crandall v. Town of Safford, 47 Ariz. 402 (1936)).

There is no anticipated fiscal impact to the state General Fund associated with this legislation. 

Provisions

1. Declares this state and each municipal corporation has the right to engage in industrial pursuits that serve a public purpose, unless as specified.

2. Requires the Secretary of State to submit the proposition to the voters at the next general election

3. Makes technical and conforming changes.

4. Becomes effective if approved by the voters and on proclamation of the Governor.