Senate Bill 1138

AN ACT RELATING TO PUBLIC OFFICERS AND EMPLOYEES; PRESCRIBING PROCEDURES FOR THE NOMINATION AND APPOINTMENT OF STATE OFFICERS REQUIRING CONSENT OF THE SENATE; ELIMINATING THE REQUIREMENT OF SENATE CONSENT FOR THE APPOINTMENT OF CERTAIN STATE OFFICERS; AMENDING SECTIONS 38-211, 38-291, 2-121, 3-101, 3-602, 3-709, 4-111, 5-102, 5-223, 6-111, 15-101.01, 15-656, 15-721, 17-201, 18-102, 20-141, 23-101, 23-641, 24-102, 24-151,26-305, 27-514, 30-105, 30-653, AS AMENDED BY LAWS 1970, CHAPTER 70, SECTION 3, 31401, 32-1302, 32-1702, 32-1902, 32-2002, 32-2062, 32-2104, 32-2304, 36-102, 36-122, 36-203, 36-553, 36-1704, 37-213, 38-742, 38-847, 38-848, 38-902, 41-502, 41-511, 41-591, 41-602, 41-971, 41-1401, 41-1603, 41-1711, 41-1821, 42-122, 42-141, 42-1504, 44-2111, 45-502, 46-111, 46-261.09 AND 46-501, ARIZONA REVISED STATUTES, AND REPEALING SECTION 30-653, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 1970, CHAPTER 204, SECTION 87.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 38-211, Arizona Revised Statutes, is amended to read:

38-211. Nominations by governor; consent of senate; appointment
A. WHEN IT IS PROVIDED BY LAW THAT A STATE OFFICER
SHALL BE APPOINTED PURSUANT TO THIS SECTION, THE
GOVERNOR SHALL NOMINATE AND WITH THE CONSENT OF THE
SENATE APPOINT SUCH OFFICER AS PRESCRIBED IN THIS
SECTION.
B. IF THE TERM OF ANY STATE OFFICE WHICH IS APPOINTIVE
PURSUANT TO THIS SECTION EXPIRES, BEGINS OR BECOMES
VACANT DURING A REGULAR LEGISLATIVE SESSION, THE
GOVERNOR SHALL DURING SUCH SESSION NOMINATE A PERSON
WHO MEETS THE REQUIREMENTS OF LAW FOR SUCH OFFICE,
AND SHALL TRANSMIT HIS NOMINATION TO THE PRESIDENT OF
THE SENATE FORTHWITH. IF THE SENATE CONSENTS TO THE
NOMINATION, THE GOVERNOR SHALL THEN APPOINT THE
NOMINEE TO SERVE FOR THE TERM, OR, IN THE CASE OF A
VACANCY, FOR THE UNEXPIRED TERM IN WHICH THE VACANCY
OCCURRED. IF THE SENATE REJECTS THE NOMINATION THE
NOMINEE SHALL NOT BE APPOINTED AND THE GOVERNOR
SHALL NOMINATE ANOTHER PERSON WHO MEETS THE
REQUIREMENTS FOR SUCH OFFICE AS SOON THEREAFTER AS IS
PRACTICABLE. IF THE SENATE TAKES NO FORMAL ACTION ON
THE NOMINATION DURING SUCH LEGISLATIVE SESSION THE
GOVERNOR MAY AFTER THE CLOSE OF SUCH LEGISLATIVE
SESSION APPOINT THE NOMINEE TO SERVE FOR THE TERM, OR,
IN CASE OF A VACANCY, FOR THE UNEXPIRED TERM IN WHICH
THE VACANCY OCCURRED.
C. IF THE TERM OF ANY STATE OFFICE WHICH IS APPOINTIVE
PURSUANT TO THIS SECTION EXPIRES, BEGINS OR BECOMES
VACANT DURING A TIME IN WHICH THE LEGISLATURE IS NOT IN
REGULAR SESSION, THE GOVERNOR SHALL NOMINATE A
PERSON WHO MEETS THE REQUIREMENTS OF LAW FOR SUCH
OFFICE AND SHALL TRANSMIT HIS NOMINATION TO THE
PRESIDENT OF THE SENATE DURING THE FIRST WEEK OF THE
NEXT REGULAR SESSION. THEREAFTER THE PROCEDURES
SHALL BE THE SAME AS PROVIDED IN SUBSECTION B OF THIS
SECTION FOR NOMINATION, CONSENT, REJECTION, FAILURE OF
THE SENATE TO TAKE FORMAL ACTION AND APPOINTMENT.
D. A NOMINEE FOR AN OFFICE FOR WHICH THE TERM OF THE
LAWFULLY APPOINTED INCUMBENT OFFICER HAS EXPIRED MAY
NOT SERVE IN SUCH OFFICE PRIOR TO THE CONSENT OF THE
SENATE AND SUBSEQUENT APPOINTMENT BY THE GOVERNOR,
SO LONG AS THE INCUMBENT SHALL CONTINUE TO HOLD
OFFICE AND SERVE PURSUANT TO SECTION 38-295. IN ALL
OTHER CASES A NOMINEE FOR OFFICE SHALL HAVE THE FULL
AUTHORITY TO PERFORM AND SHALL BEGIN TO DISCHARGE
THE DUTIES OF SUCH OFFICE IMMEDIATELY UPON BEING
NOMINATED BY THE GOVERNOR AND SUBJECT TO
TERMINATION OF SUCH AUTHORITY IN THE EVENT OF
REJECTION OF THE NOMINATION BY THE SENATE.
-k E. Nominations made by the governor shall be in writing, designating
the residence of the nominee and the office for which he is appointed
NOMINATED.
--B-7 F. When the senate eoneurs itt- CONSENTS TO a nomination, its
secretary shall deliver a copy of the resolution of eoneurrenee CONSENT,
certified by the president of the senate, to the secretary ofstate, who shall
notify the governor thereof. WHEN THE SENATE REJECTS A
NOMINATION, ITS SECRETARY SHALL INFORM THE GOVERNOR
FORTHWITH.
Sec. 2. Section 38-291, Arizona Revised Statutes, is amended to read:
38-291. Vacancy defined
An office shall be deemed vacant from and after the occurrence of any of
the following events before the expiration of a term of office:
1. Death.
2. Insanity, when judicially determined.
3. Resignation and the lawful acceptance thereof.
4. Removal from office.
5. Ceasing to be a resident of the state, or, if the office is local, of the
district, county, city, town or precinct for which he was elected or
appointed, or within which the duties of his office are required to be
discharged.
6. Absence from the state, without permission of the legislature, beyond
the period of three consecutive months.
7. Ceasing to discharge the duties of office for the period of three
COnsecutive months. , eJ<ee)3t Wfteft ]3fevented ey siekness Of vffl:en aest3fl-f.
from th:e state by permission of th:e legislature ....
8. Conviction of a felony or an offense involving a violation of his
official duties.
9. Failure of the person elected or appointed to such office to file his
official oath or bond within the time prescribed by law.
10. Decision of a competent tribunal declaring void his election or
appointment.
Sec. 3. Section 2-121, Arizona Revised Statutes, is amended to read:
2-121. Aeronautics board; members; appointment; terms; chairman;
compensation
A. The aeronautics board shall be composed of seven persons appointed
by the governoF;->tvith the advice and consent of the senate•PURSUANT
TO SECTION 38-211. The members shall be selected on the basis of
experience and interest in aviation, with not more than two members of
the board being residents of any one county.
~ Appointments to fill vae1mcies on the board shall be filled by the
governor only with persons qualified pursuant to subsection A of thifloe
!!9ction and such appointments shall be for a term of five years. In th<l41
o@¥ent of a vaeaney ea1:1sed other than bj' expiration of term, the<~~
o!!lflpointment shall be for the unmcpired term only ....
B. APPOINTMENTS MADE PURSUANT TO SUBSECTION A OF THIS
SECTION SHALL BE FOR A TERM OF FIVE YEARS AND SHALL
EXPIRE ON THE THIRD MONDAY IN JANUARY OF THE
APPROPRIATE YEAR.
C. The board shall elect a chairman from its membership. The chairman
shall preside at meetings of the board and shall be responsible for keeping
a complete record of meetings of the board.
D. Each member of the board shall receive compensation as determined
pursuant to section 38-611 for each day that he is necessarily employed in
the discharge of his duties.
Sec. 4. Section 3-101, Arizona Revised Statutes, is amended to read:
3-101. Commission; members; qualifications; terms; oath and bond;
compensation
A. There shall be an Arizona commission of agriculture and horticulture
consisting of three members appointed by the governor with the aMie~
aml consent of the senatil PURSUANT TO SECTION 38-211 for terms of
six years. The term of one member shall expire Jtme 38 ON THE THIRD
MONDAY IN JANUARY each even-numbered year. Each member shall be
a qualified elector, the owner of either a commercial orchard or otherwise
improved agricultural land within the state and his principal occupation
and business shall be fruit growing or farming. One member shall be
identified with the cotton-growing industry. If a member ceases to possess
any of such qualifications M, THE office shall be automatically vacated. A
commissioner may be removed by the governor for cause. Appointment to
fill a vacancy caused other than by expiration of term shall be for the
unexpired portion thereof.-

B. The chairman of the commission shall receive a salary as determined
pursuant to section 38-611. For attendance at meetings, the other
members shall receive compensation as determined pursuant to section
38-611, but they shall not be paid for more than sixty days attendance per
annum.
Sec. 5. Section 3-602, Arizona Revised Statutes, is amended to read:
3-602. State dairy commissioner; terms; qualifications; salary; chief
deputy and deputies
A. A state dairy commissioner shall be appointed by the governor
PURSUANT TO SECTION 38-211. ·,vith the adviee and eonsent of the
senate. The term of office of the commissioner shall be for two years and
shall expire on February 1 of every odd-numbered year. The commissioner
shall be· a person experienced in the dairy industry and possessed of
technical and educational qualifications or practical experience in the
production, handling and testing of milk, and in other matters relating to
the dairy industry. The commissioner shall qualify by taking and filing the
official oath of office. He shall devote full time to the duties of the office
and shall receive compensation in an amount as determined pursuant to
section 38-611.
B. The commissioner may appoint a chief deputy who shall receive a
salary as determined pursuant to section 38-611, and such additional
deputies as he deems necessary who shall receive a salary as determined
pursuant to section 38-611. Each deputy shall qualify by taking and filing
the oath of office.
Sec. 6. Section 3-709, Arizona Revised Statutes, is amended to read:
3-709. State egg inspection board; appointment; qualifications;
appointment of state egg inspector; qualifications; salary;
employees and deputies; duties; reports
A. There is established a state egg inspection board composed of five
members APPOINTED BY THE GOVERNOR. The Arizona poultry
federation board of directors shall recommend a list of qualified persons
for SUCH APPOINTMENT. each vacancy an:d one shall be appointed by·
the governor with the advice and consent of the senate. Members shall be
residents of this state. They shall be selected on the basis of their
knowledge, technical or educational qualifications, or practical experience
in the production or distribution of eggs or egg products and shall at the
time of their appointment be actually engaged in the production or
wholesale distribution of egg or egg products.

B. Of the members first appointed one shall serve for a term to expire
February 1, 1969, and one each for terms expiring one, two, three and
four years thereafter. Succeeding members shall be appointed for terms of
five years. The member having the shortest term remaining shall act as
chairman. A vacancy caused by other than expiration of a term shall be
filled in the same manner as described in subsection A of this section, by
the governor for the unexpired term. 31:1bjeet to emtfinfl:!ition by thtr
senate ...
C. Regular meetings shall be held at least quarterly at such place as the
chairman shall determine. Special meetings may be called by the chairman
or by a majority of the board. A majority of the members shall constitute
a quorum to transact business. Members of the board shall receive no
salary and are not eligible to claim reimbursement for travel or any other
expenses.
D. The board shall appoint the state egg inspector. The inspector shall
qualify by taking and filing the official oath of office. He shall be
possessed of not less than three years' experience in the production, sale
and determining of standards and grades of eggs. He shall be possessed of
technical and educational qualifications or practical experience in the
handling and inspection of eggs, and in all matters relating to the egg
industry. He shall provide administrative, secretarial and office services
required. He shall devote full time to the duties of the office and shall
receive an annual salary as determined pursuant to section 38-611.
E. The inspector with the approval of the board may appoint one chief
deputy and such additional deputies as he deems necessary within the
limitation of funds authorized therefor. Each deputy shall qualify by
taking and filing the oath of office.
F. The duties of inspectors shall be to inspect, weigh and examine dried
eggs, frozen eggs and eggs in the shell being advertised or offered for sale
to determine the condition, quality, grade and weight thereof. They may
examine records of a person advertising or offering for sale eggs or egg
products. They shall enforce the provisions of this article and other laws
relating to the sale of eggs under the supervision and direction of the
board.
G. The board shall keep a record of all activities, receipts and
expenditures of the office. Not later than September 1 each year it shall
make a written report to the governor of business transacted by the office
during the preceding fiscal year.
Sec. 7. Section 4-111, Arizona Revised Statutes, is amended to read:
4-111. State liquor board; department of liquor licenses and control;
members of board; superintendent; appointment and removal
A. There is created the department of liquor licenses and control which
shall consist of the state liquor board and the office of superintendent of
the department.
B. The board shall consist of three members to be appointed by the
governor by aml with ths eoassat of ths ssaats PURSUANT TO SECTION
38-211. Of the members first appointed, one shall serve for three years,
one for two years, and one for one year. Thereafter, the term of members
shall be for three years. Aay vaeaaey oa ths board shall bs fillsd by
appoiatmsat by ths govsraor by aad with: the eoRseRt of the seRate. THE
TERM OF ONE MEMBER SHALL EXPIRE ON THE THIRD MONDAY
IN JANUARY EACH YEAR. The governor may remove any member of
the board for cause.
C. The member whose term next expires shall act as chairman and the
member whose term next expires after that of the chairman shall act as
vice-chairman. A majority of the board shall constitute a quorum, but no
decision of the board on any matter shall be valid unless made upon the
concurrence of a majority of the members.
D. Members of the board shall . receive compensation as determined
pursuant to section 38-611 for each day while engaged in the business of
the board.
E. No person shall be appointed to serve on the board unless he shall
have been a resident of this state for not less than five years prior to his
appointment. No more than two members shall be of the same political
party and no more thafl two members shall be appointed from the same
county. No member of the board or any employee thereof shall serve on a
committee of a political party nor engage in any political activity other
than voting.
F. The governor shall appoint the superintendent who shall be a
qualified elector of the state and experienced in administrative matters and
enforcement procedures. He shall serve concurrently with the governor but
may be removed by the governor for the following causes: fraud in
securing appointment, incompetency, inefficiency, inexcusable neglect of
duty, insubordination, dishonesty, drunkenness on duty, addiction to the
use of narcotics or habit-forming drugs, inexcusable absence without leave,
final conviction of a felony or a misdemeanor involving moral turpitude,
discourteous treatment of the public, improper political activity, wilful
disobedience or misuse of state property. He shall be paid a salary as
determined pursuant to section 38-611.
Sec. 8. Section 5-102, Arizona Revised Statutes, is amended to read:
5-102. Arizona racing commission; members; appointment; terms
There shall be an Arizona racing commission consisting of five members,
who shall be appointed by the governor Vl:ith the adY-iC€l and cons€lnt of the
~PURSUANT TO SECTION 38-211. Of the members first appointed
one shall serve for a term of two years and two each for four and six years
respectively. Thereafter appointment shall be for a term of six years
WHICH SHALL EXPIRE ON THE THIRD MONDAY IN JANUARY OF
THE APPROPRIATE YEAR. Appointm•mt to fill a vacancJ" caus€ld oth€lr
thaR ay eJ<piratiOR of term shsilae for the URexpired term. •
Sec. 9. Section 5-223, Arizona Revised Statutes, is amended to read:
5-223. Arizona state athletic commission; appointment; terms;
compensation
A. There is created the Arizona state athletic commission consisting of
three members appointed by the governor. v;-ith the eonseRt of the seRate..
Of the members first appointed, one shall serve for a term expiring on
January 1, 1959, and one each for terms expiring one and two years
thereafter. Their successors shall be appointed for terms of three years.
B. The commissioners shall receive compensation as determined pursuant
to section 38-611 for each day they act in their official capacity, not to
exceed one hundred days each year.
Sec. 10. Section 6-Ill, Arizona Revised Statutes, is amended to read:
6-111. State banking department; superintendent of banks;
appointment; term; qualifications; salary; oath
A. There shall be a state banking department which shall have charge of
the execution of the laws of this state relating to banks and other financial
institutions and relating to the businesses conducted by each.
B. The chief officer of the state banking department shaH be the
superintendent of banks who may also be called the state bank examiner
or examiner.
C. The superintendent of banks shall be appointed by the governor~
and with: the consent of the senate, PURSUANT TO SECTION 38-211, for
a term of four years WHICH SHALL EXPIRE ON THE THIRD MONDAY
IN JANUARY OF THE APPROPRIATE YEAR. The superintendent shall
be a citizen of the United States and of the state, and shall be chosen
solely for his qualifications and fitness to perform the duties of his office
under the laws of the state.
D. The annual salary of the superintendent shall be as determined
pursuant to section 38-611. Before entering upon the duties of his' office,
the superintendent shall take and subscribe to the oath of office as
prescribed by law.
Sec. 11. Section 15-101.01, Arizona Revised Statutes, is amended to read:
15-101.01. State board of education; members; appointment; terms
A. The state board of education shall be composed of ilis followins
fflembers: the superintendent of public instruction, the president of a state
university or a state college, three lay members, a member of the state
junior college board, a superintendent of a high school district, a classroom
teacher and a county school superintendent. A member who is a president
of a state university or a state college shall not succeed himself.
B. Each member, other than the superintendent of public instruction,
shall be appointed by the governor with: the advice and consent of the
~- PURSUANT TO SECTION 38-211. An apflointment to fill a·
',<aeaney ea~o~sed other than by exfJiration of term, shall be for the
~o~nexflired flOrtion of the term only.
C. The initial members of the state board of education shall be
appointed by the governor with the advice and consent of the senate for
the following terms and thereafter each term shall be four years:
1. The president of a state university or a state college and one lay
member shall be appointed for a term ending on the first Monday in
January, 1966.
2. The superintendent of a high school district and a classroom teacher
shall be appointed for a term ending on the first Monday in January, 1967.
3. The member of the state junior college board and one lay member
shall be appointed for a term ending on the first Monday in January, 1968.
4. The county school superintendent and a lay member shall be
appointed for a term ending on the first Monday in January, 1969.
THEREAFTER, EACH TERM SHALL EXPIRE ON THE THIRD
MONDAY IN JANUARY OF THE APPROPRIATE YEAR.
Sec. 12. Section 15-656, Arizona Revised Statutes, is amended to read:
15-656. Members; appointment; terms; oath
A. There shall be a state board of directors for~· COMMUNITY
colleges which shall consist of fourteen members, one from each county,
appointed by the governor with the ad>r-ise aHEl soHseHt of the senate
PURSUANT TO SECTION 38-211, AND a representative of the board of
regents, the superintendent of public instruction, and the director of the
division of vocational education.
B. The term of each appointive member shall be seven years, to begin
and end on the .fifflt- THIRD Monday in January. The terms of two
members shall expire each year. Of the members first appointed, two shall
be appointed for a term expiring on the first Monday of January, 1962,
and two each for terms expiring on the first Monday of January for each
year to 1968, inclusive. Subsequent appointive members resulting from
expiration of term shall be appointed for the full term of seven years.
C. 'Nh•m a vasansy oscurs among ths appointi>,rs memb•m:hip, othsr than
from sxpiration of t<Jrm, ths govsrnor shall appoint a member to fill the
vaeaney. The appointee shall serve until his sueeessor qualifies or the end
of the ge:ggioR of the seJ:J-ate next following his appointment. During sueh
session a member shall as appointed and eonfirmed to serve for the·
ttne1•pir11d term in vffiieh the vaeaney occurred .••
-Bt C. Each appointive member of the commission shall, before entering
upon the duties of his office, take ftfi"THE oath of office.
Sec. 13. Section 15-721, Arizona Revised Statutes, is amended to read:
15-721. Members; appointment; terms; oath
A. The Arizona board of regents shall consist of eight appointive
members, the governor, and the state superintendent of public instruction
as ex officio members.
B. Appointive members shall be appointed by the governor with the
advice and eon:sent of the sen:ate PURSUANT TO SECTION 38-211. The
term of each appointive member shall be eight years, to begin and end on

the fifflt- THIRD Monday in January of an odd numbered year. The terms
of two members shall expire every odd numbered year.
C. If a vacancy among the appointive membership occurs other than
from e*piration of term, the gO'rernor shall appoint a member to fill such
vacancy. The appointee sha-ll serve until thl'l l'lnd of thl'l session of ths
genate next following his appointml'lnt. During such session a member shall
be appointl'ld and confirmed to serve for the unexpired term in which ths
vacancy occurred. ·
~ C. Each appointive member of the board shall take the oath of office
before entering upon the duties of his office.
Sec. 14. Section 17-201, Arizona Revised Statutes, is amended to read:
17-201. Game and fish department and game and fish commission
members; appointment; removal; meetings
A. The laws of the state relating to wildlife shall be administered by the
game and fish department. Control of the department is vested in the game
and fish commission. The commission shall consist of five members,
appointed by the governor vlith the advise and eonseRt of the seRate
PURSUANT TO SECTION 38-211. Not more than three members shall be
members of the same political party, and all members shall NO TWO
MEMBERS MAY be residents of different counties THE SAME COUNTY.
Members shall be well informed on the subject of wildlife and
requirements for its conservation. Appointments shall be for a term of five
years, but an appointment to fill !I ·,aeaney shall be for the unexpired
pgrtion of a term. AND SHALL EXPIRE ON THE THIRD MONDAY IN
JANUARY OF THE APPROPRIATE YEAR.
B. The governor may, after public hearing, remove a member for
inefficiency, neglect of duty or misconduct in office. Upon removal of a
member the governor shall file in the office of the secretary of state a
complete statement of all charges made against the members and his
findings thereon, together with a complete record of the proceedings.
C. Each member of the commission while attending general or specific
meetings of the commission or while performing official duties for the
commission shall receive compensation as determined pursuant to section
38-611. A commission member who is otherwise employed as a public
officer shall not receive such payment if it is prohibited by law.
Compensation and expenses shall be paid monthly from the game and fish
fund.

D. The commission shall have its principal office at the state capitol but
meetings may be held at any time or place within the state. The
commission shall meet at least once quarterly. Meetings may be held at the
call of the chairman or majority of the commission. A majority of the
commission shall constitute a quorum to transact business.
Sec. 15. Section 18-102, Arizona Revised Statutes, is amended to read:
18-102. Highway department and highway commission; highway
districts; members; qualifications; compensation
A. The highways of the state shall be administered by the highway
department. Control of the department is vested in the highway
commission.
B. The highway commission shall consist of five members, one from each
of the five highway districts into which the state is divided, as follows:
1. First district, Maricopa and Yuma counties.
2. Second district, Pima, Pinal and Santa Cruz counties.
3. Third district, Cochise, Graham and Greenlee counties.
4. Fourth district, Apache, Gila and Navajo counties.
5. Fifth district, Coconino, Mohave and Yavapai counties.
C. The governor shall appoint a member of the commission, 'tvith the
adviee and eonsent of the senate, PURSUANT TO SECTION 38-211 for a
term of five years upon the expiration of a term of office of a member.
THE TERMS SHALL EXPIRE ON THE THIRD MONDAY IN JANUARY
OF THE APPROPRIATE YEAR. f.n appointment to fill a vaeaney in
sffiee other than by e~<piration of term shall be for the unexpiiecl term ef
tfle offiee in whieh the vaeaney oeeurs .• ·
D. A person shall not be qualified to be a member of the commission
who has not been a resident and taxpayer of the state and county from
which he is chosen for at least five years immediately prior to his
appointment.
E. A member shall not be appointed from the same county two terms in
succession. If a highway district includes two or more counties the

appointment of members for the district shall be rotated so that no county
will have a successive appointment.
F. If a member removes to another county in the same district which is
not entitled to have a member at the time, or to another district, his office
shall become vacant.
G. Each member shall receive compensation as determined pursuant to
section 38-611 for not to exceed two hundred days in any year.
Sec. 16. Section 20-141, Arizona Revised Statutes, is amended to read:
20-141. Director of insurance; appointment; term; qualifications;
compensation
A. There shall be a director of insurance who shall be appointed by the
governOF, SHBjeet to afJ:flfO'lal by the seaffi:e. PURSUANT TO SECTION
38-211.
B. The term of the director shall be six years AND SHALL EXPIRE ON
THE THIRD MONDAY IN JANUARY OF THE APPROPRIATE YEAR,
but he may be removed by the governor for cause.
C. The director shall be a person well versed in insurance matters who
has been a resident of the state for at least three years prior to
appointment.
D. The director shall receive compensation as determined pursuant to
section 38-611.
Sec. 17. Section 23-101, Arizona Revised Statutes, is amended to read:
23-101. Industrial commission; members; qualifications; appointment;
terms; compensation; removal
A. There shall be an industrial commission of Arizona.
B. The commission shall be composed of five members appointed by the
governor wi#t #te eoaseat of the seaffi:e· PURSUANT TO SECTION
38-211. Each member shall be appointed for a term of five years. The
terms of the members serving on the commission on the effective date of
this section shall terminate January 8, 1969. Of the members of the
commission first appointed, one shall serve for a term ending January 8,
1970, and one each for terms ending one, two, three, and four years
thereafter. A:J9J30ifltmeflt to fi:ll a vacaHey caused other thaR ex]3iratioR of
leerm sha:ll be for the ttReXJ3ired porfioR ef the term. ::£'HEREAFTER ONE
TERM SHALL EXPIRE ON THE THIRD MONDAY IN JANUARY OF
EACH YEAR. Not more than three members of the commission shall
belong to the same political party. The chairman of the commission shall
be appointed by and serve at the pleasure of the governor. The members of
the commission shall have been residents of the state for five years
immediately preceding their original appointment.
C. Each commissioner shall receive a salary of fifty dollars per day for
each day in which he performs his duties as a commissioner.
D. The governor may remove a member of the commission for
inefficiency, neglect of duty, malfeasance, misfeasance or nonfeasance in
office.
Sec. 18. Section 23-641, Arizona Revised Statutes, is amended to read:
23-641. Employment security commission; organization; quorum; effect
of vacancy
A. The employment security commission of this state shall be composed
of three members. The members of the commission shall be appointed by
the governor PURSUANT TO SECTION 38-211 and shall hold office
coterminously with the term of the governor. The commissioners shall be
paid from the employment security administration fund created by section
23-707. The chairman shall be paid a fixed monthly salary of two hundred
fifty dollars per month, and each of the other two commissioners shall be
paid a fixed monthly salary of two hundred dollars per month.
B. The commissioners shall select from their membership a chairman.
Two members of the commission constitute a quorum. A vacancy shall not
impair the right of the remaining commissioners to exercise all the powers
of the commission.
Sec. 19. Section 24-102, Arizona Revised Statutes, is amended to read:
24-102. Livestock sanitary board; members; appointment; term; reports;
limitation on sessions; compensation
A. There shall be a livestock sanitary board composed of seven members
all of whom are qualified electors, provided that no more than three
members from any one county shall be represented on the board at any
time. The members shall represent the following categories:

L Two members from the range cattle growing industry.
2. One member from the cattle feeding industry.
3. One member shall be a producing dairy man.
4. One member shall be a packing house operator.
5. One member from the sheep and goat industries.
6. One member from the swine producing industry.
All members of the board shall be actively engaged operating owners of
the type of business they represent on the board. If a member acquires his
representation through his affiliation with a corporation, such member
shall be actively engaged in managing the corporation and his primary
source of income shall be derived from the corporation. In addition, the
member shall be the owner or principal stockholder of the corporation.
Members shall be appointed by the governor PURSUANT TO SECTION
38-211 viith th<l advie<l and eonsent of the senate.,.for terms of office of
five years each. , sueh terms to expire on June 30. Appointment to fill !t
¥tteaney eauseti other than by expiration of term shall be for the unexpirea·
portion of the term only ......
B. The board shall keep a complete record of its proceedings, make
reports to the governor as required by him, and make annual reports to the
legislature.
C. Each member shall receive compensation as determined pursuant to
section 38-611 for the time necessarily employed in discharging his duties,
but in no year shall the board be in session more than sixty days, except
upon call of the governor.
Sec. 20. Section 24-151, Arizona Revised Statutes, is amended to read:
24-151. State veterinarian; appointment; qualifications; compensation
A. There shall be a state veterinarian, who shall be appointed by the
governor with the ad-viee and eonsent of the senate,and shall hold office at
the pleasure of the livestoek sanitary boarti GOVERNOR.
B. The person appointed shall be a skilled veterinarian who is a graduate
of a recognized school of veterinary medicine and licensed to practice
veterinary medicine in this state.

C. The veterinarian shall receive compensation as determined pursuant to
section 38-611.
Sec. 21. Section 26-305, Arizona Revised Statutes, is amended to read:
26-305. Division of emergency services; duties; director; term;
qualifications; compensation
A. There is created in the office of the governor the division of
emergency services.
B. The division shall prepare for and coordinate those emergency services
which may be required to reduce the impact of disaster on persons or
property.
C. Through the powers vested in the governor, the division shall
coordinate the cooperative effort of all governmental agencies including
the federal government, the state, and its political subdivisions and provide
the necessary direction and control of state personnel and equipment to
alleviate suffering and loss resulting from disaster.
D. The director of the division of emergency services shall be appointed
by the governm, Ylith the a&v4ee aBel esaseat sf the seaate, to serve at the
pleasure of the governor. The director shall be selected on the basis of
demonstrated ability in governmental functions or business administration
and shall have general knowledge of contingency planning and disaster
preparedness. He shall devote full time to the office and shall hold no
other office.
E. The compensation of the director of the division of emergency
services shall be as determined pursuant to section 38-611.
F. Employees other than the director shall be employees as defined by
section 38-901.
G. The director of the department of civil defense on the effective date
of this chapter shall be the director of the division of emergency services
until a successor is appointed and qualifies.
Sec. 22. Section 27-514, Arizona Revised Statutes, is amended to read:
27-514. Commission; appointment; terms; compensation
A. There is created an oil and gas conservation commission.
B. The commtsswn shall consist of the state land commtsstoner ex
officio who shall have no vote, and five members to be appointed by the
governor with the adlfi:ee aRd eoRseRt ef the 39Rttte• PURSUANT TO
SECTION 38-211, no more than three of whom shall be of the same
political party. The appointive members shall be United States citizens and
shall have been residents of Arizona for not less than the five years
immediately preceding their appointment. Three members of the
commission shall constitute a quorum for the transaction of business.
C. Of the members first appointed, one shall be appointed for a term
ending December 31, 1960, and one each for terms ending one, two, three
and four years thereafter. Subsequent appointments shall be for a full term
of five years,•eHt appoiRtmeRt to fill a 'faeaRey arisiflg from a eause other
thaR eJ<piratioR of term shaJl be for the Ufl9J<pired portiofl of the term
oRly, sHejeet to seRate eoRfirmati'EH¥ WHICH SHALL EXPIRE ON THE
THIRD MONDAY IN JANUARY IN THE APPROPRIATE YEAR. ~
appoiRtee shall be eRtitled to serve in the iRtefim J:"eRdiRg eeRfirmtttieR. If
tH:e S9flate fails to 80flfirm, aflether parSeR SHall be !ij9peiflted flfld ffis Rams
submitted fer seRate eeRfirmatioR. The iRitittl ttl"PeintmeRt3 3httll be mttde
ey tae governor OR Of eefore IHly 1, 1959, aRd the flames of those'
membgn il'litiall~/ appornted shall 9e EH9mitted 9y the geverRer Ret late¥
tftf!fl JaRuary 31, 19€JO, te the seRate for eoRfirmatioR.
D. Appointive members of the commission shall receive compensation as
determined pursuant to section 38-611 for each day actually spent in the
performance of official duties.
Sec. 23. Section 30-105, Arizona Revised Statutes, is amended to read:
30-105. Arizona power authority commission
A. The purposes of the authority shall be effectuated by and through the
Arizona power authority commission and other necessary personnel. The
powers and authority vested in the commission shall be exercised by a
majority of the members then in office.
B. The commission shall consist of five electors appointed by the
governor with the approvaJ of tae seRate" PURSUANT TO SECTION
38-211. The members shall be electors qualified by administrative and
business experience. No member shall hold any other salaried public office
or be associated with any public service corporation engaged in generating,
distributing or selling power to the public generally in this state for profit,
nor shall any member have any interest in any business that may be
adversely affected by the operation of the authority in the discharge of its
duties.
C. The term of office of each member shall be six years. The terms of
two members shall expire on M:uefi l' THE THIRD MONDAY IN
JANUARY of each odd-numbered year, except that on M:uefi 1 THE
THIRD MONDAY IN JANUARY of each sixth year the term of one
member shall expire. Members of the commission may be removed by the
governor for cause. Any meml3er appoiBted to fill a vaeaBe;' oeet~rriag
QtRer than by expiration of a term sha-ll sen•e oBly for the uBexpired term
gf tlte member he Stleeeeds, Membsrs appoiBtsd sha-ll be eompeteBt to acibetweeB
the time of their appoi:RtmeBt aBd the time of eoBfirmatioB Of
rejeetioB by the seBate. ·
Sec. 24. Section 30-653, Arizona Revised Statutes, as amended by Laws
1970, chapter 70, section 3, is amended to read:
30-653. Arizona atomic energy commission; qualifications; terms
A. There shall be an Arizona atomic energy commission which shall
consist of the executive director of the department of economic planning
and development, the commissioner of the state department of health and
ten additional members who shall be appointed by the governor. voitfi the
advioe aad oonsent of the seBate; -The ten additional members shall be
appointed from among persons possessing not less than four years of
education or experience in the use or control of atomic energy or
radiation. Such members shall also be associated with one or more of the
following fields: Medicine including radiology, radiation protection, higher
education, nuclear services, manufacturing, electric power generation,
agriculture, mining or other commerce. No more than two members shall
be appointed as representatives of any one of the fields named in this
subsection.
B. The term of office of each appointed member shall be five years, Of
the members first appointed two shall serve for terms ending January 1,
1965, and two each for terms ending one, two, three and four years
thereafter. A vacancy caused other than by expiration of the terms shall be
filled in the same manner as the original appointments, but shall be only
for the balance of the unexpired term.
C. Members of the commission shall receive compensation for
subsistence and travel as allowed by law for other state officers, while
attending meetings or performing their powers or duties under the
provisions of this chapter. The executive director of the department of
economic planning and development and the commissioner of the state
department of health shall receive no compensation for their service under
this chapter, but shall be reimbursed for travel and other necessary
expenses incurred in the performance of official duties as provided by law
for other state officers.
D. A majority of the membership of the commission shall constitute a
quorum for the transaction of business. The commission shall elect from
among its membership a chairman and such other officers it deems
necessary, to serve for such terms as the commission determines.
Sec. 25. Section 31-401, Arizona Revised Statutes, is amended to read:
31-401. Board of pardons and paroles; qualifications; appointment;
officers
A. There shall be a board of pardons and paroles which shall consist of
three members to be appointed by the governor l3y aacl with the aclviet1·
arHi eonsent of the senate-PURSUANT TO SECTION 38-211.
B. The members of the board shall serve on a full-time basis and the
compensation of members shall be as determined pursuant to section
38-611. Each member shall be appointed on the basis of broad
professional or educational qualifications and experience and shall have
demonstrated an interest in the state's correctional program. No more than
one member from the same professional discipline shall be a member of
the board at the same time.
C. Of the members of the board first appointed, one shall be appointed
for a term expiring January 1, 1970, and one each for terms expiring one
and two years thereafter. Upon the expiration of any of the terms, the
appointee or successor shall be appointed for a term of three years AND
ONE TERM SHALL EXPIRE ON THE THIRD MONDAY IN JANUARY
OF EACH YEAR. A~~eintffieftt to fill a vaeaney eaasecl other than B)'·
e1<piration of term shall be for the unexpirecl portion of the term.
D. A member of the board may be removed by the governor for cause.
E. Members of the board shall select from among its members a
chairman and such other officers as it deems advisable. The board may
make rules and regulations, not inconsistent with law, as it deems proper
for the conduct of its business. The board may from time to time amend
or change the rules and regulations and shall cause them to be published
and distributed as provided by the administrative procedures act.
Sec. 26. Section 32-1302, Arizona Revised Statutes, is amended to read:
32-1302. Board of funeral directors and embalmers
A. There shall be a state board of funeral directors and embalmers which
shall consist of three members appointed by the governor viith the aElvies
aml eoBSSRt of the seBate, -for terms of two years each, to begin and end
on July 1.
B. The members shall be residents of the state, and two of the members
shall be qualified practicing funeral directors and embalmers and one a
qualified employed embalmer.
C. An appointment to fill a vacancy resulting other than from expiration
of term shall be for the unexpired term. The governor may remove a
member for incompetence or improper conduct. Revocation of the
certificate of qualification of a member shall automatically remove the
member from office.
D. Before entering upon the duties of the office, each appointee shall
take an oath before an officer competent to administer oaths that he is
legally qualified to hold the office and will faithfully perform the duties
thereof.
E. Members of the board shall receive compensation as determined
pursuant to section 38-611 for attendance upon meetings.
Sec. ·27. Section 32-1702, Arizona Revised Statutes, is amended to read:
32-1702. Board of optometry
A. There shall be a board of. optometry which shall consist of three
members appointed by the governor, with the adv4ee and eoBseRt of ths
seRate, .for terms of four years. Each member shall have been engaged in
the actual practice of optometry in this state for at least three years
immediately prior to appointment.
B. The term of one member of the board shall expire July 1, 1956 and
every fourth year thereafter, the term of one member shall expire July 1,
1958 and every fourth year thereafter, and the term of one member shall
expire July 1, 1959 and every fourth year thereafter.
C. The governor may remove any member for neglect of duty,
incompetency, improper or unprofessional conduct, or when his certificate
or license has been revoked or suspended. Appointment to fill a vacancy
caused other than by expiration of term shall be for the unexpired portion
of the term.
Sec. 28. Section 32-1902, Arizona Revised Statutes, is amended to read:
32-1902. Arizona state board of pharmacy
A. There shall be an Arizona state board of pharmacy which shall consist
of five members appointed by the governor. vtith the adviee B:Hd eoHseRt
of tlte sefl:!lte. No person shall be appointed to the board unless he has
been registered as a pharmacist in this state or any other jurisdiction for a
period of ten years and registered as a pharmacist and a resident in this
state for a period of at least five years immediately prior to the date of
appointment. Each member shall serve for a term of five years, one term
to expire each year on January 31, except that a member shall serve until
his successor is appointed and has qualified. Vacancies occurring on the
board other than by expiration of term of office shall be filled for the
unexpired portion of the term only.
B. On or before January 15 of each year the secretary of the Arizona
pharmaceutical association may submit to the governor a list of the names
of at least seven of its members who have been nominated by the
association, and who meet the requirements as provided in this section for
the next occurring vacancy on the board. The governor may make his
appointments of registered pharmacists to the board from the nominees on
the list or from others having the necessary qualifications.
C. Appointees to the board shall, within thirty days after their
appointment, take and subscribe to an oath or affirmation, before a
properly qualified officer, that they will faithfully and impartially perform
the duties of their office and such oath or affirmation shall be ftled with
the secretary of state.
Sec. 29. Section 32-2002, Arizona Revised Statutes, is amended to read:
32-2002. Board of physical therapy examiners; members; qualifications;
terms; compensation
A. There shall be a board of physical therapy examiners. The board shall
be composed of three members who shall be appointed by the governor.
with thg aav;io;g aaa GQBS@Bt gf tit@ S@aate. A board member shall be a
resident of the state chosen from a list of three physical therapists certified
under this chapter, submitted by the Arizona physical therapy association,
inc.
B. The term of office of each member shall be three years. The term of
one member shall expire February 1 each year. Appointment to ftll a
vacancy ansmg other than from expiration of term shall be for the
unexpired portion of the term only.
C. Board members shall receive compensation as detennined pursuant to
section 38-611 for each day actually spent in board meetings.
Sec. 30. Section 32-2062, Arizona Revised Statutes, is amended to read:
32-2062. Board of examiners; qualifications; appointment; terms;
compensation
A. The state board of psychologist examiners shall consist of five
members who shall be appointed by the governor. !l:fta eeefirm.ea ey t:fte
seea4e.
B. Each member of the board shall be a citizen of the United States, a
resident of this state at the time of appointment and certified under the
provisions of this chapter, except for the members of the board first
appointed, who shall be persons who have been engaged in rendering
services, teaching, or researching in psychology for a period of at least five
years. The board shall at all times, except for the period when a vacancy
exists, have at least two members representing the departments of
psychology in the state universities. The composition of the board shall
represent the diverse fields of psychology, with two members representing
general-experimental psychology and three members representing the
fields of applied psychology.
C. Each member shall serve for a term of five years. Of the members of
the board first appointed, one shall be appointed for a term ending June
30, 1966, and one each for terms one, two, three and four years
thereafter.
D. A vacancy on the board occurring other than by the expiration of
term shall be filled by appointment by the governor for the unexpired
term. The governor, after a hearing, may remove any member of the board
for misconduct, incompetency or neglect of duty.
E. Members of the board shall receive compensation as determined
pursuant to section 38-611 for each day actually and necessarily spent in
the performance of their duties.
F. The board shall hold a regular annual meeting at which it shall select
from its members a chairman and a secretary and other meetings shall be
held at such times as the rules of the board may provide. Notice of such
meetings shall be given in such manner as provided in the rules.
Sec. 31. Section 32-2104, Arizona Revised Statutes, is amended to read:
32-2104. Real estate commission; members; terms; qualifications;
compensation
A. There shall be a real estate .eeaf4 COMMISSION ~omoosed ~f seven
members who shall be appointed by the governor. vnth the aclvtee aR4-
eoaseRt of the seRate. The term of office of each member shall be six
years, the terms of two members to expire January 31 each odd numbered
year except that each third odd numbered year the terms of three
members shall expire. Appointment to fill a vacancy occurring other than
by expiration of term shall be filled by appointment for the unexpired
portion of the term only.
B. To be eligible for ap)90iRtmeRt as a member of the l:Joarcl a persoR
sH:all ae a real estate broker aRe actively eRgagecl as stteh iR the state for·
five years.• THE MEMBERSHIP OF THE COMMISSION SHALL CONSIST
OF:
1. FIVE MEMBERS WHO HAVE EACH BEEN, FOR FIVE YEARS, A
REAL ESTATE BROKER ACTIVELY ENGAGED IN BUSINESS AS
SUCH IN ARIZONA. Not more than two members shall be appointed
from any one county.
2. ONE MEMBER WHO SHALL BE PRIMARILY ENGAGED IN
SUBDIVIDING REAL PROPERTY.
3. ONE PUBLIC MEMBER.
C. THE TWO VACANCIES ON THE REAL ESTATE COMMISSION
WHICH OCCUR BY EXPIRATION OF TERMS IN JANUARY 1973
SHALL BE FILLED BY THE APPOINTMENT OF BOTH A MEMBER
WHO QUALIFIES AS A PERSON PRIMARILY ENGAGED IN
SUBDIVIDING REAL PROPERTY AND A PUBLIC MEMBER.
-&.. D. Members of the 4ffittffi COMMISSION shall receive compensation as
determined pursuant to section 38-611 for each day spend in attending
regular or special meetings of the -bmtrel COMMISSION.
Sec. 32. Section 32-2304. Arizona Revised Statutes, is amended to read:
32-2304. Structural pest control board
A. The structural pest control board is created to consist of five
members appointed by the governoF, with tH:e eoRseRt of the seRate, as
follows:
1. Two members who shall represent public interest and shall be versed
in the field of public health, pesticides, entomology...,or structural pest
control practices.
2. Three members whose principal business for not less than five
proceeding years has been the practice of structural pest control within the
state of Arizona.
B. Each member shall serve for a term of five years. Of the members of
the board first appointed, one shall be appointed for a term ending June
30, 1966, and one each for terms one, two, three and four years
thereafter.
C. No person shall serve as a member of the board for more than two
consecutive terms.
D. Vacancies that occur for whatever reason other than expiration of
term, shall be filled for the unexpired portion of the term by the governor.
Sec. 33. Section 36-102, Arizona Revised Statutes, is amended to read:
36-102. State board of health; appointment; qualifications; terms;
compensation
A. The state board of health shall consist of five members who shall be
appointed by the governor with the a<ivi:ee !tREl eoftseftt of the seHats
PURSUANT TO SECTION 38-211. Two members of the board shall be
licensed practitioners of medicine and surgery who have been engaged in
the practice of medicine in the state and who have proved themselves
vitally concerned with public health, to be chosen from a list of five
persons submitted by the Arizona medical association. One member of the
board shall be a registered professional nurse with a public health
background, to be chosen from a list of three nurses submitted by the
Arizona state nurses association. Two members of the board shall be
persons selected for their interest in public health, one of whom may be a
lay person. The governor shall be an ex officio member of the board
without voting privilege.
B. The term of each appointive member shall be five years, one term to
expire Felm1ary 1 ON THE THIRD MONDAY OF JANUARY each year.
Upon expiration of the term ot a member a successor shall be appointed
for a full term of five years. Af3f30iHtffieHt to ft.JJ a vaeaftey iesultiHg other
th!tH froffi el<J3iratioH of terffi sha-ll be for the Uftexpired portioft of the
~

C. Members of the board shall receive compensation as determined
pursuant to section 38-611.
Sec. 34. Section 36-122, Arizona Revised Statutes, is amended to read:
36-122. Arizona health planning authority; appointment; qualifications;
terms; compensation
A. There shall be an Arizona health planning authority. The authority
shall consist of eleven members who shall be appointed by the governor.
vt'ith the tteviee ttH:e esH:seH:t sf the seH:ate. One member of the authority
shall be a licensed practitioner of medicine and surgery who is engaged in
the practice of medicine in the state and who is particularly concerned
with public health, to be chosen from a list of three persons, submitted by
the Arizona medical association. One member of the authority shall be a
licensed practitioner of medicine and surgery who is engaged in the
practice of medicine in the state, to be chosen from a list of three persons
submitted by the Arizona osteopathic association. One member of the
authority shall be a licensed practitioner of medicine and surgery who is
engaged in the practice of medicine in the state and who is certified as a
specialist in psychiatry by the American board of psychiatry, to be chosen
from a list of three persons to be submitted by the Arizona medical
association, who shall be representative of mental health interests. One
member of the authority shall be a licensed practitioner of pharmacy in
the state, to be chosen from a list of three persons submitted by the
Arizona state pharmaceutical association. One member of the authority
shall be a registered professional nurse with training and experience in
public health nursing, to be chosen from a list of three persons, submitted
by the Arizona state nurses association. One member of the authority shall
be an administrator of a licensed Arizona hospital, to be chosen from a list
of three persons submitted by the Arizona hospital association. One
member of the authority shall be the dean of the college of medicine at
the university of Arizona, who shall be representative of the education of
health services personnel. One member of the authority shall be a licensed
practitioner of dentistry in the state, to be chosen from a list of three
persons submitted by the Arizona dental association. One member of the
authority shall have specialized knowledge of the care of mental
retardates, to be chosen from a list of three persons submitted by the
Arizona association for retarded children. One member of the authority
shall be an engineer registered in Arizona. One member of the authority
shall be a lay person who is particularly concerned with public health. The
governor shall be an ~[ sffisia EX OFFICIO member of the authority
without voting privilege. The governor may request from such assaeitttiae ·
ASSOCIATIONS such additional lists of names of persons proposed for
appointment to the authority as he may need.
B. Of the members first appointed, the psychiatrist, the osteopathic
physician and the dentist shall be appointed for terms expiring February 1,
1969; the physician, the nurse and the engineer shall be appointed for
terms expiring February 1, 1970, and the remaining members shall be
appointed for terms expiring February 1, 1971, except that the dean of
the college of medicine shall continue to serve by virtue of his office.
Upon expiration of the term of a member, a successor shall be appointed
for a full term of three years. A member other than the dean of the college
of medicine may be reappointed for a period not to exceed two successive
full terms. Appointment to fill a vacancy resulting other than from
expiration of term shall be for the unexpired portion of the term.
C. Members of the authority not otherwise paid by the state or a
political subdivision of the state shall receive compensation as determined
pursuant to section 38-611 in lieu of subsistence when actively engaged in
the business of the authority.
Sec. 35. Section 36-203, Arizona Revised Statutes, is amended to read:
36-203. State hospital board; membership; terms; compensation;
secretary
A. The state hospital shall be under the charge and control of the state
hospital board, subject to the provisions of this article.
B. The state hospital board shall consist of five members who shall be
appointed by the governor PURSUANT TO SECTION 38-211. The
members shall be persons identified with and interested in social welfare
and the care and treatment of the mentally ill.
C. The term of each member shall be five years, one term to expire
Peafl:laty 1 ON THE TIDRD MONDAY IN JANUARY each year. Upon
the expiration of a term a successor shall be appointed for a full term of
five years. App6i:H:tmeffi= t6 fiR a vae!lftey rest:tlffil:g ether tftlift freHi·
e~~ifatiefl: ef terfti sha:R ae fer the Hfi:9:Kf'ifea f'Sftiea ef the teiffi.
D. Members of the board shall receive no compensation for their services
as such. The board shall select a secretary from among its members or
employ a secretary and in either case the compensation for the secretary
shall be as determined pursuant to section 38-611.
Sec. 36. Section 36c553, Arizona Revised Statutes, is amended to read:
36-553. Arizona board of mental retardation

A. The board shall consist of seven members who have demonstrated a
conscientious interest in community problems related to mental
retardation. Each member shall be appointed by the governOF, with the
advice and coflseflt of the seflate PURSUANT TO SECTION 38-211. At
least one member shall be the parent or guardian of a mentally retarded
person. There shall be no more than two members appointed from one
county. There shall be no more than four members from the same political
party. Of the members first appointed, terms shall be staggered so that not
more than one term expires on Febr11ar:y l THE THIRD MONDAY IN
JANUARY each year. Thereafter, all members shall serve for a term of
seven years. No member shall serve more than one complete seven-year
term. ,'\B, aflpOiRtmeHt to fill a vacancy other thm for expiration of term
sh!!ll ae fOI the l:!Re3<j'lired J'lOftioR of the terffi. The board shall elect a
chairman, a vice chairman, and a secretary annually, and shall meet at least
monthly. A record of all proceedings shall be maintained.
B. Notwithstanding the provisions of subsection A OF THIS SECTION,
the membership of the initial board shall consist of the present members
of the Arizona children's colony board who shall be appointed to the
Arizona board of mental retardation on the effective date of this chapter
to serve for the duration of the term each is serving. In addition, a sixth
member shall serve for a term ending Febrttarjl 1, ON THE THIRD
MONDAY IN JANUARY, 1976, and a seventh member for a term ending
one year thereafter.
C. Each board member shall receive twenty dollars for each day spent in
attending meetings of the board and shall be reimbursed for uavel and
subsistence expenses incurred in the performance of his duties as provided
for other state officers.
D. If f!Rj' eoard ffieffifler fails to atteREI, Vlithol:lt eal:lse, three eoRseel:lti'te
reg~:llar monthly board meetiRgs his office may be deemed ¥acated aRd th<l
go'ferRor may aj'lpoil'lt a sl:lccessor. ·
Sec. 37. Section 36-1704, Arizona Revised Statutes, is amended to read:
36-1704. Hearing board
A. There shall be an air pollution control hearing board appointed by the
governor afld '.Vith the advice al'ld eoRseRt of the seRate PURSUANT TO
SECTION 38-211.
B. The hearing board shall consist of five members. The five members
shall be knowledgeable in the field of air pollution. Each board member
shall serve for a term of three years. Of the members first appointed, two
shall be appointed for terms of one year each, two shall be appointed for
terms of two years each, and one shall be appointed for the full term of
three years. THEREAFTER THE TERMS SHALL EXPIRE ON THE
THIRD MONDAY IN JANUARY OF THE APPROPRIATE YEAR.
C. The hearing board shall select a chairman and vice chairman and such
other officers as it deems necessary.
D. Hearing board members shall serve with compensation as prescribed
by law for the board of health.
Sec. 38. Section 37-213, Arizona Revised Statutes, is amended to read:
37-213. Board of appeals; membership; appointment; term; salary
A. There shall be a board of appeals which shall consist of three
members, one of whom shall be appointed from each of three districts into
which the state is divided as follows:
1. First district: Pima, Santa Cruz, Cochise, Graham and Greenlee
counties.
2. Second district: Maricopa, Yuma, Pinal and Gila counties.
3. Third district: Mohave, Yavapai, Coconino, Apache and Navajo
counties.
B. To be eligible for appointment as a member of the board a person
shall be experienced in the classification and appraisal of all types of real
estate.
C. The members of the board shall be appointed by the governor. -wt#t:tfie
aElviee aflEl eoflseflt of tHe seflate. The term of office of each member
shall be six years, to end January 31 of the sixth year after his
appointment. The term of one member shall expire on January 31 each
even numbered year. Appointments to fill vacancies resulting other than
from expiration of term shall be for the unexpired portion of the term
only.
D. Each member of the board shall receive compensation as determined
pursuant to section 38-611.
Sec. 39. Section 38-742, Arizona Revised Statutes, is amended to read:
38-742. State retirement system board; qualifications; term
A. There shall be a state retirement system board consisting of five
members appointed by the governor &lil:ljeet to eoRfirmatioR by the seRate
PURSUANT TO SECTION 38-211. One member shall be appointed from
among the employees of the system or the participants of the plan to
represent the employee members of the system and one member shall be
appointed to represent the employees of employer participants of the
system or plan and three lay members shall be appointed to represent the
public, except that one of the members shall also be a member of the
investment advisory council. Each member shall have not less than five
years of administrative management experience. Of the members first
appointed, two shall be appointed for a term of one year and three
members each for a term of two years. A member may be reappointed.
Upon the expiration of any term, a successor shall be appointed for a full
term of two years WHICH SHALL EXPIRE ON THE THIRD MONDAY
IN JANUARY OF THE APPROPRIATE YEAR. AJ3flOiRtmeRt to fill a
¥1WaRey resultiRg otherwise theR from exJ3iratioR of term shallae maae iR
the same mafl:Rer as the iRitial tt]3poifttffierrts fur the tlftexpirecl pertieR of
the term oRlyw
B. Board members shall receive necessary traveling expenses and
subsistence as provided by law for other state officers while away from
home on business of the board.
C. A memaer may be remw;ea from the boara by the go'lerRor for aviolatioR
of afl)' ]3FO¥iSiOR Of this artiele Of if a memaer is aBSeRt from·
three eoRseeuti¥e meetiRgs.
Sec. 40. Section 38-84 7, Arizona Revised Statutes, is amended to read:
38-847. Administration of system; local boards; powers and duties; rules
and regulations
A. The administration of the system and responsibility for making
effective the provisions thereof for each employer are vested in a
retirement board, which in the case of employees of the state, other than
the department of public safety, shall be the Arizona state retirement
system board. The department of public safety, each county, each
municipal fire department, and municipal police department shall have a
local board. Each local board shall be constituted as follows:
I. The mayor or chief elected official as chairman, two members elected
by secret ballot by members employed by the appropriate employer and
two citizens, one of whom shall be the head of the merit system if it exists
for the group of members, appointed by the mayor or chief elected official
and with the approval of the city council or governing body of the
employer. The three appointed members of the department of publie
safety local board shall be appointed by the governor. ·.v4th the appreiJal a£
the seaM8oil
2. The appointed two citizens shall serve on both local boards in a city
where both fire and police department employees are members.
B. Upon the taking effect of this system for an employer, the
appointments and elections of board members shall take place with one
elective and appointive board member serving a term ending two years
after the effective date for the employer and one elective and appointive
board member serving a term ending four years after the effective date.
Thereafter, every second year, and as a vacancy occurs, an office shall be
filled for a term of four years in the same manner as previously provided.
C. Each member of a board shall, within ten days after his appointment
or election, take an oath of office that, so far as it devolves upon him, he
shall diligently and honestly administer the affairs of the board and that he
shall not knowingly violate or willingly permit to be violated any of the
provisions of law applicable to the system.
D. A board shall have such powers as may be necessary to discharge the
following duties:
1. To construe and interpret the system, decide all questions of
eligibility and service credits, and determine the amount, manner and time
of payment of any benefits under the system.
2. To prescribe procedures to be followed by members and their
beneficiaries in filing applications for benefits.
3. To make a determination as to the right of any person to a benefit
and to afford any person dissatisfied with such determination the right to
a hearing thereon.
4. To receive from the employers and from members such information as
shall be necessary for the proper administration of the system and to
forward such information to the fund manager.
5. To distribute, in such manner as the board determines to be
appropriate, information explaining the system received from the fund
manager.
6. To furnish the employer, the fund manager, and the legislature, upon
request, such annual reports with respect to the administration of the
system as are reasonable and appropriate.
7. To receive and review the actuarial valuation of the system for their
group of members.
8. To receive and review reports of the financial condition and of the
receipts and disbursements of the fund from the fund manager.
9. To appoint a medical board, which shall be composed of a designated
physician or a clinic other than the employer's regular employee or
contractee. If required, other physicians may be employed to report on
special cases.
E. A board shall have no power to add to, subtract from or modify any
of the terms of the system, nor to change or add to any benefits provided
by the system, nor to waive or fail to apply any requirement of eligibility
for benefits under the system.
F. A board shall, from time to time, establish and adopt such rules and
regulations as it deems necessary or desirable. All rules and decisions of a
board shall be uniformly and consistently applied to all members in similar
circumstances.
G. Any rule or decision which is not inconsistent with the provisions of
the system shall be conclusive and binding upon all persons affected by it.
If any person is granted a hearing upon his appeal from any ruling or
decision by the board and the board's original determination is affirmed,
the applicant may file an appeal with the superior court within thirty days
from the receipt by registered mail of the affirmation of such ruling or
decision. The superior court shall be in the county where the board is
located and the proceedings on the appeal shall be a trial de novo.
H. When making a ruling, determination or calculation, the board shall
be entitled to rely upon information furnished by the employer, the fund
manager, independent legal counsel, or the actuary for the system.
I. Each member of a board shall be entitled to one vote. A majority shall
be necessary for a decision by the members of a board at any meeting of
the board.
J. The board shall adopt such bylaws as it deems desirable. The board
shall elect a secretary who may, but need not, be a member of the board.
The secretary of the board shall keep a record of all meetings and forward
all necessary communications to the fund manager and the actuary.
K. The fees of the medical board and of local legal counsel and all other
expenses of the board necessary for the administration of the system shall
be paid by the fund manager at such rates and in such amounts from the
expense account as the board shall approve. Such expenses shall be
reimbursed to the expense account from the employer1 s account in the
fund.
L. The board shall issue directions to the fund manager concerning all
benefits which are to be paid from the employer1 s account pursuant to the
provisions of the fund. The board shall keep on ftle, in such manner as it
may deem convenient or proper, all reports from the fund manager and
the actuary.
M. The local board and the individual members thereof shall be
indemnified from the assets of the fund against any and all liabilities
arising by reason of any act, or failure to act, made in good faith pursuant
to the provisions of the system, including expenses reasonably incurred in
the defense of any claim relating thereto.
Sec. 41. Section 38-848, Arizona Revised Statutes, is amended to read:
38-848. Fund manager
A. The funds of the system, shall constitute a special fund in the state
treasury to be used for the payment of benefits provided under the
system. The special fund shall be operated and managed by the fund
manager. The fund manager shall consist of three members appointed by
the governor PURSUANT TO SECTION 38-211 frfte ttf!f1Fe¥ee ey the
~ and shall have such rights, powers and duties as are set forth
hereunder. The governor shall appoint one elected member from a local
board to represent the employees, one member to represent the state as an
employer of public safety personnel, and one member to represent the
cities as employers of public safety personnel. The terms of the members
shall be limited to three years, and commencing with the first day of
January, 1971, the governor shall appoint one member to serve for one
year, one member to serve for two years, and one member to serve for
three years, and thereafter all members shall be appointed for a term of
three years TO EXPIRE ON THE THIRD MONDAY IN JANUARY OF
THE APPROPRIATE YEAR. Notwithstanding any provision in this article
to the contrary, all monies in the fund shall be deposited, held and
disbursed in the same manner and under the same conditions and
requirements as provided by law for other special funds in the state
treasury, except that monies in the fund shall not be commingled with
other state funds but shall be maintained in a separate account on the
books of the depository. Such monies shall be secured by the depository
in which they are held to the same extent and in the same manner as
required by the general depository law of the state. Any balance in the
fund shall not lapse at any time but shall be continuously available to the
board for expenditure consistent with this article.
B. All contributions under this system shall be forwarded to the fund
manager and shall be held, invested and reinvested by the fund manager;
All property and funds of the fund, including income from investments
and from all other sources, shall be retained for the exclusive benefit of
members, as provided in the system, and shall be used to pay benefits to
members or their beneficiaries, or to pay expenses of operation and
administration of the system and fund.
C. The fund manager shall have the full power, in his sole discretion to
invest and reinvest, alter and change the funds accumulated under the
system. The fund manager may commingle securities and monies of the
fund subject to the crediting of receipts and earnings and charging of
payments to the account of the appropriate employer. In making each and
all of such investments, the fund manager shall exercise the judgment and
care under the circumstances then prevailing which men of ordinary
prudence, discretion, and intelligence exercise in the management of their
own affairs, not in regard to speculation but in regard to the permanent
disposition of their funds, considering the probable income therefrom as
well as the probable safety of their capital, provided:
1. That not more than fifty per cent of the pension fund shall be
invested at any given time in corporate stocks, based on cost value of such
stocks irrespective of capital appreciation.
2. That no more than five per cent of the pension fund shall be invested
in securities issued by any one institution, agency or corporation, other
than securities issued as direct obligations of and fully guaranteed by the
United States government.
3. That not more than five per cent of the voting stock of any one
corporation shall be owned.
4. That stocks eligible for purchase shall be restricted to stocks which,
except for bank stocks and insurance stocks, are listed upon an exchange
registered with the federal securities and exchange commission or its
successors.
D. The fund manager shall not be held liable for the exercise of more
than ordinary care and prudence in the selection of investments and shall
not be limited to so-called "legal investments for trustees," but all funds of
the system shall be invested subject to all of the conditions, limitations
and restrictions imposed by law.
E. Except as provided in subsection C, of thls sestion, the fund manager
may:
1. Invest and reinvest the principal and income of the pension fund
without distinction between principal and income.
2. Sell, exchange, convey, transfer, or otherwise dispose of any
investments of the fund held in the name of the system by private contract
or at public auction.
3. Also:
(a) Vote upon any stocks, bonds, or other securities.
(b) Give general or special proxies or powers of attorney with or without
power of substitution.
(c) Exercise any conversion privileges, subscription rights or other
options and to make any payments incidental thereto.
(d) Consent to or otherwise participate in corporate reorganizations or
other changes affecting corporate securities and to delegate discretionary
powers and to pay any assessments or charges in connection therewith.
(e) Generally exercise any of the powers of an owner with respect to
stocks, bonds, securities, or other investments held in the fund.
4. Make, execute, acknowledge, and deliver any and all other
instruments that may be necessary or appropriate to carry out the powers
herein granted.
5. Register any investment held in the fund in the name of the fund or in
the name of a nominee.
6. At the expense of the system, may enter into an agreement with any
bank or banks for the safekeeping and handling of securities and other
investments coming into the possession of the fund manager. The
agreement shall be entered into under such terms and conditions as shall
secure the proper safeguarding, inventory, withdrawal and handling of the
securities and other investments. No access to and no deposit or
withdrawal of the securities from any place of deposit selected by the fund
manager shall be permitted or made except as the terms of the agreement
may provide.
7. Do all acts whether or not expressly authorized which may be deemed
necessary or proper for the protection of the investments held in the fund.
F. An expense account shall be maintained for the system by the fund
manager. The account shall be credited with all contributions of employers
for the purpose of meeting their respective proportion of the total
operation and administrative expenses of the system during each fiscal
year, and it shall be charged with all disbursements for operation and
administrative expenses incurred by the system. The surplus or deficiency
of this account at the end of the year shall be used in determining the
expense rate applicable for the following fiscal year. Investment expenses
shall be accounted for separately and allocated against investment income.
G. The fund manager, as soon as possible following the close of each
fiscal year, and in any event within a period of six months following the
close of any year, shall cause to be transmitted to the governor or the
legislature an annual statement on the operation of the system, containing,
among other things:
1. A balance sheet.
2. A statement of income and expenditures for the year.
3. A report on an actuarial valuation of its assets and liabilities.
4. A detailed statement of the investments acquired and disposed of
during the year.
5. A list of investments owned.
6. Any other statistical and financial data which may be necessary for
the proper understanding of the financial condition of the system and the
results of its operations. A synopsis of such annual report shall be
published for the information of members of the system.
H. The fund manager shall:
1. Maintain the accounts of the system, and issue statements to each
employer annually and to each member who may request it.
2. Prescribe the rate of interest that shall be credited to the accumulated
contributions each year.
3. Report the results of the actuarial valuations to the local boards and
employers.
4. Contract on a fee basis, with an independent investment counsel to
advise it in the investment management of the fund and with an
independent auditing firm to audit its accounting.
5. Permit the auditor general to make an annual audit the results of
which shall be transmitted to the governor and the legislature.
6. Contract on a fee basis with an actuary, who is a member of the
society of actuaries, and who shall make actuarial valuations of the system,
be the technical adviser of the fund manager on matters regarding the
operation of the funds created by the provisions of the system, and shall
perform such other duties as are required in connection therewith.
7. Employ, as administrator, a person, state department, or other body
to establish and maintain an adequate system of accounts and records for
the system, which shall be integrated with the accounts, records, and
procedures of the employers to the end that the same shall operate most
effectively and at minimum expense, and that duplication of records and
accounts may be avoided.
I. The attorney general shall be the attorney for the fund manager and
shall represent him in any legal proceeding.
J. As of the date of the establishment of the retirement system, the
actuary shall make such investigation of the mortality, service and
compensation experience of the members of the system as the fund
manager shall authorize, and on the basis of such investigation he shall
recommend for adoption by the fund manager such tables as are required
for the appropriate actuarial valuation of the system. As soon as
practicable after the adoption of the actuarial tables, the actuary shall
make a valuation based on such tables, of the assets and liabilities of the
funds created by the system, and prepare a report to each employer
showing the contributions sufficient to meet both the normal cost on a
level cost method and the prescribed interest on the past service cost for
its members. An employer shall have the option of inaking contributions
greater than the contributions specified in this section, in order to reduce
the past service cost for its members.
K. At least once in each five-year period after the effective date, the
actuary shall make an actuarial investigation into the mortality, service and
compensation experience of the members and beneficiaries of the system
and shall make a special valuation of the assets and liabilities of the funds
of the system. Taking into account the results of such investigation and
special valuation, the fund manager shall adopt for the system such
mortality, service and other tables as shall be deemed necessary.
L. On the basis of such tables as the fund manager shall adopt, the
actuary shall make a valuation of the assets and liabilities of the funds of
the system not less frequently than each two years. The actuary's report
shall stipulate the contributions requirement of each employer
participating in the system, provided that during fiscal years 1968-1969,
and 1969-1970, employers shall not be required to contribute a percentage
which would exceed the percentage which would have been contributed if
the same percentage of payroll as contributed to existing pension systems
by such employers in 1967-1968 were applied to the payrolls in
1968-1969 and 1969-1970.
M. Neither the fund manager nor any of its members or employee
thereof shall directly or indirectly, for himself or as an agent, in any
manner use the funds or deposits of the fund except to make such current
and necessary payments as are authorized by the local boards, nor shall the
fund manager or any member or employee become an endorser or surety
or in any manner an obligor for monies loaned by or borrowed from the
fund.
Sec. 42. Section 38-902, Arizona Revised Statutes, is amended to read:
38-902. State personnel commission; members; appointment; term;
meetings; compensation
A. There shall be a state personnel commission which shall consist of five
members appointed by the governor with ilie a:d-viee aita eoRseRt of ilie~
PURSUANT TO SECTION 38-211. No more than three members
shall belong to the same political party. Of the members appointed two
shall be persons interested in personnel administration, one shall be a
professional personnel administrator, one a state employee and one a
person active in business management. A member may be removed by the
governor for cause. The chairman of the state personnel commission shall
serve as eJ< offieio EX OFFICIO member of the law enforcement merit
system council without voting privileges.
B. The term of each member shall be five years, one term to expire J.tm.e.
38- ON THE THIRD MONDAY IN JANUARY each year. , gxGspt that a
metH-!3er sha-Y eoRtifme to sen•e URtil hls sueeessor is dffiy B:flpOiRted B:Rd
EIHalifisd. Upon the expiration of the term of a member a successor shall
be appointed for a full term of five years. Of the mefH-13ers of the
eommissiofl: first appointed, ofl:e shaH be appointed for a term eRcliRg Jl:!Re
30, 1969, and one each for tenus ending one, two, t:hfee B:Rd four years
tftereaHer. The rvv a pet :funs appointed vvlto have an interest iR persoRRel
'1ldffiiRistratioR shall initially be appointed for the ternrs ending Jttne 30;
1969, B:Rd JuRe 30, 1970. The goYerRor shall appoiftt the members voithin•
thirty da-ys after the effeetiYe dB:tc of this ehapter. aRd sl:leh members shB:U
serve URtil eoRfirmed Of deftied B:t the Re~ft reg1:1lB:r sessioR of the
le~slB:ture.
·C. Appeintment to fill a l'aeaney resl:lltiRg other thaR fwm expifatioR of·
term shallae for the URe~<pired term oRly. l\n B:ppoiRtee to B:R l:!Rexpire8
tsrm shall ae a metH-!3er iR good staRaiRg uRtil the seRB:te eoRveRes aRE!
JsRfirms, or dgRiss GORfirmatioR of, 1hg appoiRtmeRt. If the appoiRtmeRt:
is GoRfirmed, tl:J.g appointee shall serve the remaiRder of the l:lftexpirea
term, If GORfirmatioR is deRied, a RBW memaer shallae B:flpOiRted BY the
govsnwr, vlith the adviGe aRd ooRseRt of the seRate, to serve the URexpire;ti
..fe.1:+H.,..
-I*- C. The comm1sswn shall hold regular quarterly meetings and, in
addition, may hold special meetings the commission deems necessary. A
chairman and vice-chairman shall be elected by the members of the first
meeting of each even-numbered year and the chairman shall not be
permitted to succeed himself. Meetings of the commission shall be open to
the public and executive sessions may be held as provided by law.
-E-:-· D. Any one of the following shall constitute the resignation of a
commissioner and authorize the governor to appoint a new member to fill
the unexpired term so vacated:
1. AbseRoe froffi three GoaseoHtive EIHarterl:y meetiRgs, or ·
~ 1. Becoming a candidate for any elective public office, or
--3-:-2. Accepting any appointive office or employment in the state service,
except the state employee who is designated to serve on the state
personnel commission as prescribed by subsection A of this section.
+.E. Members of the commission, except the person designated as the
state employee, shall be compensated pursuant to section 38-611 for each
day actually spent for meetings of the commission. The member of the
commission designated as the state employee shall be paid his regular
compensation for meetings of the commission.
Sec. 43. Section 41-502, Arizona Revised Statutes, is amended to read:
41-502. Governor's advisory economic planning and development board;
executive director
A. There shall ae an THE GOVERNOR SHALL APPOINT AN
ADVISORY economic planning and development board which shall be
composed of the f6Hening: AT LEAST FOURTEEN AND NO MORE
THAN TWENTY MEMBERS WHO SHALL SERVE WITHOUT
COMPENSATION. AT LEAST ONE MEMBER SHALL BE A BONA
FIDE RESIDENT OF EACH COUNTY OF THlS STATE.
1' Mtnl'l8ers of the ·A~rii!OHa aevelopFHeHt aoarEl se&.ag thereon: prior to
tlte effeeHve Ela.ie of 1:hi:s Mtiele, eon:sistin:g ef f6ttrteen members, eaeh ef
.. hem sltltH be 1t bon:tt fiEle resiElen:t of tt Elifferen:t eottn:ty ift the state,
ll.flpoiftteEl ay tlte gove£Hor witH: the a&rfiee an:El eon:sen:t of the sen:ttte. Sttefl: ..
FHerHaers shall eoHtiHHe to sewe HHtil ~•piration: of tlteir respeetive teFFHS.·
2. Pive me:lft9eis appoin:teEl fit laige ay the goveiftOf vtith the eon:sen:t of
th:e sen:a.ie shtt:H sef\'e tor tt term eon:ettrren:t vtith t:fte term ef the go•ternor,
eReept tlta.i S\ieft ttElElition:ttl members shaH seHe enl:y tttttiHttne 30, 1971.
B. Upen expira.iien ef tt term of a H'lemaer serv4Hg pHrseant to the
pro'fisioHs of paragraph 1, sHhseetion: ,\, thereaftei the metttbers ~tppeiftteEl
or reafJpoiBtea shall serve for a term of five years. The terms of fo1:1r
ffterHBers of tfte aoarEl shall ~<pire Ofl J\:lly 10 eaeh year, e~<eept that OHJttly
10 ef eaeh futtrth year, tlte term ef hvo metttbers sltttll ~fpire. Any·
'lttettfley oeettrrin:g Eleriftg tt term of ofHee sltltH ae fiHeEl ift the same
FHafffier aaa from tlte same eoeflty as the origin:ttl appeifttmen:t, bttt shaH
ae on:ly fer the attl!tflee of the {ifl~<pireEl term ..
C. Memaers of tlte aoara shall serve withoet eompeflsatiofl.
D. t\fter JHfle 3Q, 1971, the eeoflorHie plariliiflg flflEl Elevelopmen:t boarEl
sfl:ltH aeeoffte the go'l>'erftoi'S ae•tisory aoara.
-E-:- B. The executive director of the department of economic planning
and development shall be appointed by the eeoflofflie tJlaflfliflg anti·
ae>,reloprHeflt aoara as 60HStitHtea ll;flE} preseiiaeEl B'{ the terms of
SHaseetioH A, with the eoHseflt of the gw;erflor. The eJfeeetizte Elireetor·
-shaJl ha><e responsible professional eJcperience in economic planniag or
development. The exeeHti-ve director shaJl serve for a term expiring orr
.Jtme 30, 1971 and thereafter shs!l be an appointee of the governor serviag
at the pleasare of the govi!rnor. GOVERNOR AND SERVE AT THE
PLEASURE OF THE GOVERNOR. THE EXECUTIVE DIRECTOR OF
THE DEPARTMENT OF ECONOMIC PLANNING AND
DEVELOPMENT SHALL SERVE AS EXECUTIVE SECRETARY OF
THE ECONOMIC PLANNING AND DEVELOPMENT BOARD.
Sec. 44. Section 41-511, Arizona Revised Statutes, is amended to read:
41-511. Arizona state parks board; membership; appointment; terms
A. There shall be an Arizona state parks board, which shall consist of
seven members. The state land commissioner shall be a member and the
remaining members, each of whom shall be a bona fide resident of the
state, shall be appointed by the governor-and their appointment oonfirmedby
the sefiate. PURSUANT TO SECTION 38-211. Wheft the legislatl:tre is
H-ot ifl session, :interim appointmefits may be made by the governor, and
stwh appointments shaJl be sHbject to confirmatieR by the seRate at ths
neJct regHlar or speciaJ session of the legislatHre. The appointive members
shall be selected because of their knowledge of and interest in outdoor
activities, multiple use of lands, archaeology, natural resources and the
value of the historical aspects of Arizona, and because of their interest in
the conservation of natural resources. Not less than two of the appointive
members shall be representative of the livestock industry, and one
appointive member shall be professionally engaged in general recreation
work.
B. Of the members first appointed, one shall serve for a term expiring
the first Monday in. January following the effective date of this article, and
one each for terms expiring one, two, three, four and five years thereafter.
Thereafter, all appointments shall be for a full term of six years AND
SHALL EXPIRE ON THE THIRD MONDAY IN JANUARY OF THE
APPROPRIATE YEAR. AJ3pointffieftt to fill a vaeaney ereateti other thafl:
by expiration of term shaJl be for the ba±afl:ee of the une3<]3ifed term.
Sec. 45. Section 41-591, Arizona Revised Statutes, is amended to read:
41-591 Commission on uniform laws; terms; compensation
A. There shall be a commission on uniform state laws which shall consist
of three members appointed by the governor. with: the eemseftt ef the"
senate. Immediately upon expiration of the terms of the members serving
on the date this section takes effect, the governor shall appoint three
members, ·uith ths aElviss ana sonssnt of the senate, one for a term of two
years, one for a term of four years, and one for a term of six years.
Thereafter, appointment shall be made for a full term of six years.
Appointment to fill a vacancy caused other than by expiration of term
shall be for the unexpired term.
B. Members shall receive compensation as determined pursuant to
section 38-611 for each day spent in performance of their duties while
attending meetings.
Sec. 46. Section 41-602, Arizona Revised Statutes, is amended to read:
41-602. Arizona veterans' service commission; terms compensation
A. There shall be an Arizona veterans' service commission which shall
consist of five members appointed by the governor. •.vith the aElvise and
sonssRt of ths ssRats The terms of the members shall be for five years,
the term of one member to expire June 26 each year.
B. Members shall be veterans. aml shall be a]3pointed from a list of three
ffilmes submitted by eash vetsraas' organi>3atioR in the stats holaing a
sharter granted by eong¥Oss. Not rnme thaR hvo member3 sha:ll Be
appoffited from aRy list so sttbfflitted. ·
C. Appointment to fill a vacancy caused other than by expiration of
term shall be for the unexpired term.
D. Members of the commission shall serve without compensation.
E. The member serving the last year of his term shall be chairman of the
commission.
Sec. 4 7. Section 41-971, Arizona Revised Statutes, is amended to read:
41-971. State department of public buildings maintenance;
superintendent; appointment; term; dismissal; vacancy;
compensation
A. There shall be a state department of public buildings maintenance
under the direction of a superintendent appointed by the governor..,..witft
the eonsent of the sen-ate, for a term of five years. The person first
appointed as superintendent shall serve for a term expiring on February 1,
1964.
B. The superintendent shall have qualifications which consist of
substantial administrative experience in responsible public or private
business and, in addition, wide experience in the field of building
management. The governor may remove the superintendent for
incompetency, disability, immorality or for any abuse of his official
powers or duties.
C. The compensation of the superintendent shall be as determined
pursuant to section 38-611.
D. Appointment to fill a vacancy resulting other than from expiration of
term shall be for the unexpired term only. AR appoiRtee to the positioR of
!!HperintsaasRt to an l!RSJ<pire a term shall hold offiee l:lRtH the SeRate
eoR¥eRes and eoRfirms or deRies eoRfirmatiofl: of the app5intmeut. If the
·'ttpp5ifttmefl:t is eofl:fifliied, the appoifl:tee shaH serve the remaifl:der of the
· l!ReJ<pired term. If eonfirmation is aeRied, a HeW Sl:lperiRteRdeRt shall as
· appoiRted ay the govemor, vfith the GORSGRt of the Sefl:ate, to Sene the•
tifl:eJ<pired term. ·
Sec. 48. Section 41-1401, Arizona Revised Statutes, is amended to read:
41-1401. Civil rights commission; terms; vacancies; oorganization;
quorum; compensation
A. There is created the Arizona civil rights commission. The commission
shall be composed of seven members who shall be appointed by the
governor x.vith ths aaEiG@ ana SOR8<Jflt of the seRati< PURSUANT TO
SECTION 38-211. Not more than four of the members shall at any one
time be of the same political party. Each member shall serve for a term of
three years. Of the members of the commission first appointed, two shall
be appointed for terms ending January 31, 1966, two for terms ending
January 31, 1967, and three for terms ending January 31, 1968.
THEREAFTER, THE TERMS SHALL EXPIRE ON THE THIRD
MONDAY IN JANUARY OF THE APPROPRIATE YEAR.
B. ,A,ppoiRtmeat to fill a 'raeaRey resHlting other -thaR from eJCpiration
of t>Jr~+~. £-hall tJg fur ths YRs*:pir>Ja tsrm oaly. AR appoiatee to aR
...yugxpirga tgrm gQ,aJl tJg a m>J~+~.b>Jr in gooa staRaiag HRtil the seBate
eoR¥eRes aRd eoRfirms or deBies eoRfimr~ttion of the appoifl:tmefl:t. If the
apflointmeRt is eoRfirmea, the aflpOiRtee shall sen'e the remaifl:dei of th6
l:lfl:eJ<pired term. If eorrfirmation is denied, a ne vv menrber g}rall be
ttppoifl:ted ay the govemor, vfith the adviee Sil:d GOfl:Sefl:t of the Sefiate, to
se£¥e the ttfl:eJ<pired tenfl:. An appointment to fill a vacancy shall be subject
to the same limitation with respect to party affiliations as the original
appointment.
C. The commission shall elect from its membership a chairman and vice
chairman. The vice chairman shall act as chairman in the absence or
disability of the chairman, or in the event of a vacancy in that office.
D. Four members of the commission shall constitute a quorum, except
that if the chairman appoints a subcommittee of the commission a
majority of the members of the subcommittee shall constitute a quorum.
The concurrence of four of the members when in session as a board shall
be the act of the commission.
E. Each member shall receive compensation as determined pursuant to
section 38-611 for each day in which he participates in meetings, but not
to exceed one thousand dollars in any fiscal year.
F. For the purposes of this chapter, "commission" means the Arizona
civil rights commission.
Sec. 49. Section 41-1603, Arizona Revised Statutes, is amended to read:
41-1603. Director; appointment; qualifications; compensation
A. The director of the department shall be appointed by the governor
with the eofl:seRt of the sefl:ate PURSUANT TO SECTION 38-211, AND
SHALL SERVE AT THE PLEASURE OF THE GOVERNOR. The term of
the Elireetor first appointeE! shall e1cpire Ofl: Felmtar;· 1, 1975. Thenafter
the Elireetor shall serve a term of six years.-
B. The director, as minimum qualifications, shall have a master's degree
or its equivalent in credits from an accredited college or university and at
least ten years of experience in working in a correctional program,
including five years of progressively increasing responsibilities in an
administrative capacity.
C. The compensation of the director shall be as determined pursuant to
section 38-611.
D. The Elireetor may be removeti fDI eBUse by the goventor priOf to the
expiratiofl: of the term of the Elireetor.
Sec. 50. Section 41-1711, Arizona Revised Statutes, is amended to read:
41-1 711. Department of public safety; purpose; location; qualifications
of director; responsibility
A. There shall be a department of public safety which is responsible for
creating and coordinating services for use by local law enforcement
agencies in protecting the public safety. The principal office and
headquarters of the department shall be in the city in which the capitol is
located.
B. The department shall formulate plans with a view to establishing
modern services for prevention of crime, apprehension of violators,
training of law enforcement personnel, and the promotion of public
safety. The department shall in no way preempt the authority and
jurisdiction of established agencies of political subdivisions of the state.
C. The director shall be selected on the basis of training and experience
with a minimum of five years' experience in the administration of law
enforcement and shall have at least a bachelor's degree issued to him by an
accredited college or university.
D. The director shall be appointed by the governm, sttl9jeet to·
seafirmatiea ey the seaate, PURSUANT TO SECTION 38-211 to serve
for a term of five years and shall be subject to removal for cause, including
but not limited to malfeasance, misfeasance and nonfeasance in office.
THE TERM SHALL EXPIRE ON THE THIRD MONDAY IN JANUARY
OF THE APPROPRIATE YEAR. The director shall receive an annual
compensation as determined pursuant to section 38-611.
E. The director shall be directly responsible to the governor for the
conduct and the administration of the department. If the director is
unable to act, the governor shall direct the activities of the department
during the period in which the director is unable to act.
F. The director shall prescribe procedures for use of department
personnel, facilities, equipment, supplies and other resources in assisting
search or rescue operations on request of the state director of emergency
services.
Sec. 51. Section 41-1821, Arizona Revised Statutes, is amended to read:
41-1821. Council; membership; appointment; term; vacancies; meetings;
compensation; acceptance of grants
A. There shall be an Arizona law enforcement officer advisory council
which shall consist of nine members appointed by the governor. vlith the
aa·Aee !lfta eoaseat of the seaate. Members shall be persons with
qualifications of experience or education in the field of law enforcement.
The membership shall include as members, two sheriffs, two chiefs of city
police, a college faculty member in public administration or related field,
the attorney general, the superintendent of the patrol until such time as
the director of the department is appointed and thereafter the director of
the department, and two public members. The governor shall appoint a
chairman from among the members at its first meeting and every year
thereafter, except that the director and the superintendent of the highway
patrol shall not be appointed chairman. Meetings shall be held at least
quarterly or upon call of the chairman or by the written request of five
members of the council or by the governor.
B. The term of each regular member shall be three years unless a member
vacates the public office, which qualified him for this appointment.
C. No compensation shall be paid for serving on the council.
D. The council may accept contributions, grants, gifts, donations,
services or other financial assistance from any individual, association,
corporation or other organization having an interest in police training, and
from the United States of America and any of its agencies or
instrumentalities, corporate or otherwise. Such monies shall be deposited
in the fund created by section 41-1825.
E. Membership on the council shall not constitute the holding of an
office, and members of the council shall not be required to take and file
oaths of office before serving on the council. No member of the council
shall be disqualified from holding any public office or employment, nor
shall he forfeit any such office or employment by reason of his
appointment, notwithstanding the provisions of any general, special or
local law, ordinance or city charter.
Sec. 52. Section 42-122, Arizona Revised Statutes, is amended to read:
42-122. Employment of director; qualifications; compensation
A. The director of the division of appraisal and assessment standards
shall be the director of the department of property valuation until the
expiration of the term for which he was appointed which expires on
January 31, 1968. Thereafter, the governor witk the a&\<iee aHa eeftseftt ef
the seRate PURSUANT TO SECTION 38-211 shall appoint a director to
serve for a term of five years WHICH SHALL EXPIRE ON THE THIRD
MONDAY IN JANUARY OF THE APPROPRIATE YEAR. The director
shall be a person of proven administrative ability.
B. The director shall receive a salary as determined pursuant to section
38-611.
C. IB the eveBt of a , aeaBey eauseel other than by expirafioft of a 1:eflR.;
the Elireetor shall be appointed by the gevemor with the adviee aHEleoBseBt
of the seBate for the l-lBeJ(pired term. ·A director may be
disehargeEl REMOVED for cause by the governor.
Sec. 53. Section 42-141, Arizona Revised Statutes, is amended to read:
42-141. State board of property tax appeals
A. There is established a state board of property tax appeals as an
independent agency which shall not in any way be subject to the
supervision or control of the state tax commission or the state department
of property valuation, and the board shall have full power to equalize the
valuation of all property throughout the state.
B. The state board shall consist of three members appointed by the
governor -with the advioe aw:l eeBseBt of the seBate PURSUANT TO
SECTION 38-211. Members shall be residents of this state. They shall be
selected on the basis of their knowledge of and experience in the use of
property valuation and appraisal procedures and shall have a minimum of
five years' professional experience as a certified public accountant, a
public accountant, a licensed real estate broker, an attorney, a property
appraiser accredited by a nationally recognized professional organization,
or other experience related to the use of property valuation and appraisal
procedures. Not more than two members shall be members of the same
political party. No member of the board shall hold any other public office
under the laws of this state or any of its political subdivisions, nor be a
candidate for an elective office under the laws of this state, nor of any
other state. No member of the board shall hold any position of trust nor
provide or engage in any occupation or business which would corruptly
conflict with his duties as a member of the board, nor take part directly or
indirectly in any election campaign in the interest of any political party or
other organization or any candidate or measure to be voted on by the
people. Nothing in this subsection shall prohibit a person from properly
and lawfully engaging in his business or profession.
C. Of the members first appointed, one shall be appointed to serve for a
term to expire on February 1, 1970, and one each for terms expiring ON
THE THIRD MONDAY IN JANUARY two and four years thereafter. The
member having the shortest term remaining shall act as chairman provided
he has served on the board at least two years. If the member having the
shortest term remaining does not qualify to act as chairman, the board
shall elect its own chairman. Succeeding members shall be appointed for
terms of six years, but no member shall be appointed for more than two
terms. A vacancy caused other than by exviration of a term shaH be filled:
B)' ths go'>'€lfROf for ths lolll8Xpired term SHlJ:ject to confirmation by the
senate;; The first board shall meet within thirty days after its appointment
and shall organize and adopt rules and regulations.
D. Each member of the board shall receive fifty dollars per day for time
spent in the performance of his duties. He shall also receive such travel and
other expenses as provided by law for other state officers.
E. The governor may remove any member for cause.
Sec. 54. Section 42-1504, Arizona Revised Statutes, is amended to read:
42-1504. Estate tax commissioner; appointment and removal; assistant
estate tax commissioner; powers; compensation
A. The governor-, Vlith the advice and eof!sent of the seflate, shall appoint
an estate tax commissioner for a term of six years who shall be subject to
removal by the governor for cause. The eommissioner sha-ll have the ri~t
of appeal to the sHperior coHrt of Maricova eotlftty from the order of
removal.
B. The commissioner shall be paid compensation as determined pursuant
to section 38-611.
C. The commissioner may appoint an assistant estate tax commissioner
and appraiser who shall hold office at the discretion of the commissioner.
The assistant commissioner shall be paid compensation as determined
pursuant to section 38-611.
D. The assistant commissioner shall exercise all the powers and duties
conferred upon the estate tax commissioner in the administration,
enforcement and collection of taxes imposed by this article.
E. The estate tax commissioner may appoint such additional assistants
necessary for collection of the taxes imposed by this article. The
compensation of all such additional assistants shall be as determined
pursuant to section 38-611.
Sec. 55. Section 44-2111, Arizona Revised Statutes, is amended to read:
44-2111. State inspector of weights and measures; appointment; term;
compensation
There shall be a state inspector of weights and measures who shall be
appointed by the governm. vtitli tlt.e eeaseat eftlt.e seaate, for a term of two
years, the term to begin and end February 1 each odd-numbered year. The
inspector shall receive compensation as determined pursuant to section
38-61 L
Sec. 56. Section 45-502, Arizona Revised Statutes, is amended to read:
45-502. Arizona water commission; terms; qualifications; bond;
compensation
A. There shall be an Arizona water commission which shall consist of
seven members, no more than four of whom shall be members of any one
major political party, and who, notwithstanding the provisions of any law
to the contrary now existing or hereafter enacted, are bona fide residents
of not less than five separate counties of the state, appointed by the
governor with the aeviee !l:fte eeaseat ef tlie seaate PURSUANT TO
SECTION 38-211. The members shall be subject to removal for cause by
the governor.
B. The term of office of each member shall be six years, the terms of
two members to expire on the third Monday of January each odd
numbered year except that each fourth odd numbered year the term of
one member shall expire. •\fl)9eiatftleat te flY a vae!l:ftey ereatecl etlierv1ise
thaa l9y ex)9iratieft ef terffi shsfl l9e fer the l:tftex¢re6 tenn, an6: shaH l9e ·
sttl9jeet te eeftfinmrHen b) the serutte Itt the next feHew'iftg regtthtr er
-8')9eeial sessien ef the legislatttre,
C. Notwithstanding the provisions of any law to the contrary now
existing or hereafter enacted, no person shall be appointed as a member of
the commission unless he is a qualified elector of the state.
D. Members shall attend all meetings of the commission unless excused
for good and sufficient reason, and shall devote to the affairs of the
commission such time and attention as may be necessary to execute the
powers, perform the duties and effectuate the purposes of this article.
Al9seaee ef a Hteffll9er, etlierwise tliBB 8ft effieial l:lttsiH:ess, frem three
meetiags sf the esmmissisa in Sl:leeessiea, sliall attteffi:ll'tieally tenflinate
hls mefftl:lershlJ9 eft tlie eefftfflissieft BBfi tlte ge•lenwr, eft 6tte ftetifieatiea·
ef the al:lseaees, sliall !IJ9]9Sffit a stteeesssr.
E. Members of the commission shall each receive compensation as
determined pursuant to section 38-611, not to exceed three thousand
dollars in any calendar year.
Sec. 57. Section 46-111, Arizona Revised Statutes, is amended to read:
46-111. State board of public welfare; members; appointment; term;
meetings
A. There shall be a state board of public welfare which shall consist of
five members appointed by the governor with tke afl.viee llfl:d eenseftt ef
tke seH:ate PURSUANT TO SECTION 38-211. Members shall be appointed
without regard to political affiliation, and shall be persons of recognized
interest in and knowledge of public welfare.
B. The term of each member shall be five years, one term to expire
Jafl:Hary 31 ON THE THIRD MONDAY IN JANUARY each year. , e*eept
that a member shaJJ soatifl:He to serve aatil his sHeeesser is dl:ily appeiftte<:l
!lfl:d qHalified. Upoa the eKpiratioa of the term of a member a sHssessor
shail be appoiH:ted for a fl:lll term ef five years ..
C. AppeiRtmefl:t to flil a vaeafl:ey resultiRg ether than frem expilatimr of
term shall be for the Ufte*pired term eftly. Aft appointee to llfl: unex13ired
teim shall be a member in good ~tttnd:ing ttn:til the senttte eom enes llfl:!i '
eoH:firms or deH:ies eoafirmatiofl: of the appoiH:tmeftt. If the appointmefl:t is
eoH:firmed, the a-pJ3ointee shaU serve the remaiH:der of the Uftexpired tenR.
If eeftfirmation is denied, a ne vv mefll:bei shail be appei:nted by the
goveraor, with the aQ.viss afl:a soaseH:t of the seaate, to serve the Hfl:eXj9ired·
-tefm...-
D. A.-bsenee from six regHlar moH:thly meetiH:gs by a bo!lfd member ·
dHring aft)' hveJ.r;e moatk period shall eoH:stitHte a resigfl:ation, llfl:d llfl:Y
member vko becomes a eaRdidate foi pubHe offiee is autematieallr
d:isCJ:Ualified from meffibershi:p oft the eoard, in ·,vhieh evefl:t a new member
shall be appoi:nted te ffil the ttftexpited term se vae:tted.
-£-:·C. The board shall hold regular monthly meetings and, in addition,
may hold special meetings the board deems necessary.
Sec. 58. Section 46-261.09, Arizona Revised Statutes, is amended to read:
46-261.09. Medical advisory committee;'membership
A. A medical advisory committee shall be established for the purpose of
advising the welfare department and the health department in the
administration and operation of the program provided for by this article.
B. The medical advisory committee shall consist of nine members. The
commissioner of the health department and the commissioner of the
welfare department shall be ex officio members. The other seven members
of the committee shall be appointed by the governor with the advice and
consent of the s~mate and shall hold office for a term of four years or until
their successors are appointed. and ftli!tli:fy. Of the members first
appointed one member shall serve for one year, one member for two years,
two members for three years, and three members for four years. The
respective terms of the first members shall be designated by the governor
at the time of their appointments.
C. The regular membership of the committee shall at all times include
three licensed physicians, one hospital administrator, one nursing home
administrator and two other nonmedical members.
D. Each appointive member of the committee shall serve without
compensation.
E. Vacancies shall be filled for unexpired terms in the same manner as
original appointments, maintaining original representation.
F. The committee shall elect a chairman, a vice chairman and a secretary
from among its members at its first regular meeting in each fiscal year and
shall adopt rules governing its proceedings. The committee shall hold a
meeting at least once every six months and such other special and regular
meetings as may be deemed necessary.
Sec. 59. Section 46-501, Arizona Revised Statutes, is amended to read:
46-501. State board of crippled children's services; members;
appointment; term; meetings
A. There shall be an Arizona state board of crippled children's services
which shall consist of five members appointed by the governor with the
consent of the senate PURSUANT TO SECTION 38-211. Members shall
be appointed without regard to political affiliation. The membership shall
include two physicians licensed to practice in the state of Arizona who
reside in different eef!'l:HH:tnities COUNTIES.
B. The term of each member shall be five years. ,.exce13t thata_member
sfl:!Ml eetttintte te sen·e tttttil his stteeessef is thdy lifltleintea ana "}ttsiifiea.
Upon the expiration of the term of a member a successor shall be
appointed for a full term of five years. Of the members of the board first
appointed, one shall be appointed for a term ending January 31, 1962, and
one each for terms ending one, two, three and four years thereafter.
THEREAFTER, ONE TERM SHALL EXPIRE ON THE THIRD
MONDAY IN JANUARY EACH YEAR.

C. AppoffitiHeRt to fill a vacaRcy resultiRg other thari from expiratioR oi
tertH shall be for the yaex.pireEI term oRly. 1\R appoiRtee to aR uReKpireEl
-term shall be a member i&-good standiRg umil the 8eRate coRveB:es aB:El
confirms or deRies coRfirmatiofl of the appoiRtment. If the appoiRtmeRt i~~t
coB:firmeEl, the appointee shall serve the remaiflder of the UReJcpireEl term.
If eonfirmB:tioft is denied, a fie·;,. melll:bCf shall be appointed by the
govsrRor, with the advice afld coRseRt of the seB:ate, to serve the UfleJ<pireEl·
-terffi..-
D. AbseRee from three consecutive meetin~s by a board melll:ber shall
·CoRstitYte a resigRatiofl, aREI any member who becomes a caB:didftte fo!'·
public office is automatically disqualified from membership Oft the board,
:iR which e\<eRt a Rew member shall be appoiRteEI ~o fill the lmex.pired wrm
so 'racate d. ·
-&.- C. The board shall meet a minimum of once each calendar month and
may hold special meetings the board deems necessary.
Sec. 60. Repeal
Section 30-653, Arizona Revised Statutes, as amended by Laws 1970,
chapter 204, section 87, is repealed.
Sec. 61. Expiration of terms of office
A. Notwithstanding any provision of law to the contrary all terms of
state officers appointed pursuant to section 38-211 which arc in effect on
the effective date of this act shall expire on the third Monday in January
next following the year in which such term would otherwise have expired.
B. The terms of state officers appointed pursuant to section 38-211
which arc for a term of a specific number of years shall thereafter begin
and expire on the third Monday in January of the appropriate year based
on the length of the term provided by law.
C. The terms of state officers appointed pursuant to section 38-211
which arc for a term coterminous with the governor shall expire on the
third Monday in January next following the year in which such term
would otherwise have expired. Thereafter the terms of such appointive
officers shall begin and expire on the third Monday in January of the year
in which the governor's term begins and expires.

Approved by the Governor- May 22, 1972

Filed in the Office of the Secretary of State - May 22, 1972