Category Archives: Propositions

(Update) House Tea-Publicans vote to restrict your constitutional right to make laws

The unrelenting assault on your constitutional rights by the Chamber of Commerce organizations and their lickspittle lackeys in our lawless Tea-Publican legislature continues unabated. The Chambers’ package of bills to take away your constitutional rights passed in the House on Thursday.

The Arizona Republic reports, Arizona House passes bills to restrict citizen initiatives:

In an attempt to gain control over laws proposed by citizens, [Tea-Publicans in] the House on Thursday night approved a package of bills designed to rein in the century-old initiative process enshrined in the Arizona Constitution at statehood.

Opponents say the moves would undercut the power of the people to shape laws, and run counter to the citizen initiative process, while proponents argue lawmakers need the flexibility to fix unforeseen problems that might arise from a ballot measure. The measures now move to the Senate for consideration.

Four bills affect the initiative process. Two ask the voters to review the 19-year-old Voter Protection Act that blocks the Legislature from changing voter initiatives; the other two make changes to the laws governing initiatives. They passed along party lines, with Republicans in support and Democrats opposed, in a contentious session that lasted late into the night.

Even if the bills win Senate approval in the coming weeks, two would need voter approval in November 2018. Two others would go to Gov. Doug Ducey for his signature.

Still pending is a bill that would change the way signatures are gathered on citizen initiative petitions. House Concurrent Resolution 2029 won approval from a committee late Wednesday but was held up from a full vote over questions about its constitutionality.

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Kansas is a cautionary tale for Arizona: pigs do fly!

News you never see reported in Arizona ….

Something truly remarkable happened last week: the state legislature of Brownbackistan fna Kansas passed an income tax increase to begin repairing the fiscal damage to the state caused by Governor Sam Brownback and Tea-Publicans’ religious experiment in creating a faith based supply-side “trickle down” utopia in America’s heartland. Pigs do fly!

The Kansas City Star reports, Kansas Senate passes tax increases opposed by Gov. Sam Brownback:

Gov. Sam Brownback has a choice to make.

After the Kansas Legislature on Friday approved legislation that would reverse his signature tax cuts, he can veto the bill or let it become law without his signature. He has already said he wouldn’t sign it.

“As with all legislation, Governor Brownback will review the bill closely once he receives it,” the governor’s spokeswoman, Melika Willoughby, said in an email.

The Kansas Senate passed the bill 22-18 Friday morning. Because no amendments were made to the legislation first passed by the House, it heads to the governor’s desk.

The bill is projected to raise more than $1 billion over two years by raising income taxes and ending a tax exemption for roughly 330,000 business owners.

Sen. Barbara Bollier, a Mission Hills Republican who voted for the bill, said the governor could get a popularity boost if he lets the legislation take effect.

“I’m not sure his ratings can go any lower,” Bollier said. “That clearly isn’t going to impact his decision, I don’t think. I would say if he does (let the bill become law), his ratings will go up, and if he had the guts to sign the thing, then they really would.”

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Court of Appeals is skeptical of Tea-Publican legislators’ appeal of Medicaid (AHCCCS) expansion plan

Our Tea-Publican state legislators were in court on Valentine’s day trying to reverse Gov. Jan Brewer’s Medicaid (AHCCCS) expansion plan that benefits over 400,000 Arizonans who now have access to medical care. They are represented by the “Kochtopus” Death Star, the Goldwater Institute.

It does not appear that things went well for our lawless Tea-Publican legislators. The Arizona Capitol Times (subscription required) reports, Court of Appeals hears challenge to Medicaid expansion affecting hundreds of thousands:

With former Gov. Jan Brewer watching over the defense of her legacy, a panel of appeals court judges grilled a lawyer who argued the Medicaid expansion Brewer shepherded into law is unconstitutional.

The Goldwater Institute, a non-profit that advocates for conservative and libertarian causes in the courtroom and Legislature, is challenging the expansion, arguing that a levy imposed on hospitals is a tax increase and required two-thirds approval of the Legislature, which it did not receive.

At stake is Medicaid coverage for up to 400,000 childless adults in Arizona.

Brewer, a GOP governor who pushed the legislation through against the opposition of the majority of Republican lawmakers, attended the oral arguments.

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AZ Court of Appeals to hear Medicaid (AHCCCS) expansion appeal on Arizona statehood day

The long-delayed lawsuit by our Tea-Publican legislators and the Goldwater Instititute against Governor Jan Brewer’s Medicaid (AHCCCS) expansion plan, Biggs, et al v. Brewer, et al. (CV2013-011699 Maricopa County Superior Court). Biggs v. Betlach (1 CA-CV 15-0743), is scheduled for  oral argument today before the Court of Appeals Division One in Department A in Courtroom 1 at 9:30 a.m.

Cartoon_08I have previously explained that this case is ostensibly about the Obamacare medicaid expansion plan, but is really about preserving the GOP’s weapon of mass destruction, Prop. 108 (1992), the “Two-Thirds for Taxes” Amendment. AZ Court of Appeals revives GOP legislators’ challenge to Gov. Brewer’s Medicaid (AHCCCS) expansion; Medicaid (AHCCCS) expansion case set for hearing on July 30, 2015.

The Maricopa County Superior Court rejected the arguments of Tea-Publican legislators and the Goldwater Institute in August of last year. Superior Court judge upholds Brewer’s Medicaid expansion:

A Maricopa County Superior Court judge upheld former Gov. Jan Brewer’s 2013 Medicaid expansion plan, ruling that a hospital assessment that funds the program is not subject to a provision in the Arizona Constitution that requires a two-thirds vote in the Legislature for a tax increase.

Judge Douglas Gerlach ruled that HB2010 did not violate the supermajority provision, which voters approved in 1992 as Proposition 108, because it is not a tax and falls under an exemption to the two-thirds vote requirement.

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Tea-Publican legislators, doing the bidding of our corporate overlords, are coming for your constitutional rights

I warned you about this earlier this year. Arizona’s authoritarian Tea-Publicans are coming for your constitutional rights.

The Arizona Capitol Times (subscription required) has a lengthy report, A raft of bills would make Arizona’s initiative process more difficult:

More than a century after Arizona’s voters gave themselves a Constitution and the right to write laws, legislators still can’t quite accept the fact that they have competition.

And this year [Tea-Publican] legislators, backed by powerful business interests including the Arizona Chamber of Commerce and Industry, are preparing to launch a sustained assault on the initiative process.

Legislators this year have proposed a rash of bills designed to make the initiative process more difficult. They’re proposing tougher signature-gathering requirements for groups seeking to change the law and restrictions on funding streams for initiative campaigns.

They’re also seeking an outright repeal of the Voter Protection Act, which prevents lawmakers from simply repealing voter-approved laws, or even changing them unless that change has bipartisan support and furthers the intent of the proposition.

Failing that, they’re hoping voters will at least go along with some reforms to the Voter Protection Act.

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School ‘vouchers for all’ bill is baaack!

I have warned you for months now that the “vouchers for all” bill would be back in this legislative session, and sure enough . . .

Howard Fischer reports, Arizona proposal would expand ‘vouchers’ for private, parochial schools:

State lawmakers are making a new attempt to provide taxpayer-provided dollars to all 1.1 million students in Arizona schools to help their parents pay to instead send them to private and parochial schools.

The proposal by Sen. Debbie Lesko, R-Peoria, would dramatically expand what has been a small program now reserved for students with special needs and those in failing schools. It would create what amounts to a universal “voucher” (aka “vouchers for all”) of state funds that could be used to pay tuition and fees at other (private and parochial) schools.

Now, this is the point where Howie should point out that this is unconstitutional, but nowhere in his report does he even mention this critical fact. Bad Howie!

The Arizona Constitution prohibits state funding to private and parochial schools:

Article 2, Section 12: “No public money or property shall be appropriated for or applied to any religious worship, exercise, or instruction, or to the support of any religious establishment.”

Article 11, Section 7: “No sectarian instruction shall be imparted in any school or state educational institution that may be established under this Constitution, and no religious or political test or qualification shall ever be required as a condition of admission into any public educational institution of the state, as teacher, student, or pupil;”

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