Special Session Update: GOP legislators trying to run out the clock?

Posted by AzBlueMeanie:

I had an opportunity to speak with some of our Democratic legislators over the weekend about the status of negotiations on the state budget.

In short, "it doesn't look good."

There will be a pro forma session of the Legislature to comply with the rules on Monday, but there are no other meetings scheduled for the rest of the week as informal budget negotiations continue.

I was told by one legislator his opinion is that the Republicans are trying to run out the clock on referring any sales tax matter to the ballot, then they will return in August and September (if necessary) to cut the budget even further as the deficit has grown from $2.1 billion to $2.6 billion.

The rank and file Grover Norquist "no new taxes" pledge Republicans do not want to risk referring a sales tax increase to the ballot, despite indications from Senate President Bob "Bluto" Burns and Senate Appropriations chair Sen. Russell Pearce last week that they could support putting the sales tax increase on the ballot — only so that they can campaign against it and defeat it. These two clowns fail to comprehend the meaning of "good faith."

The Democrats as well are opposed to the Accidental Governor's sales tax proposal as presented because the sales tax is a regressive tax that impacts lower-income earners the most as a percentage of their income. The Democrats have offered a sales tax proposal of their own that would lower the sales tax rate but would eliminate many of the tax exemptions from the sales tax on services, which would generate additional revenue. Alternatively, the Democrats have proposed a tax credit to offset the impact of the Accidental Governor's sales tax increase on lower-income earners. Neither proposal has gained any traction with with the GOP insane clown posse leadership or the Accidental Governor.

The Accidental Governor is standing by her demand for her sales tax proposal. The cheese stands alone on this one. She has no support among either party. Once again she is afflicted with the Tinkerbell Syndrome. Clapping your hands and believing ain't going to make it fly, Governor. What is it with this "my way or the highway" attitude of hers? She lacks any popular support among either party, or the voters.

There are some key deadlines to keep in mind. Maricopa County Elections Director Karen Osborne has said her office cannot conduct an election on November 3 unless lawmakers approve the plan by July 16. State lawmakers restore K-12 funding | Arizona Legislature This deadline will be allowed to pass without any legislative action this week. The "drop dead" date for referral of any measure to the ballot for a special election on November 3 is July 31. If the GOP insane clown posse is in fact running out the clock, this deadline will also be allowed to pass.

After July 31, the clock will have run out on the Accidental Governor and her demand for her sales tax proposal will become moot. It can no longer be acted upon in a timely manner. The GOP insane clown posse will turn to her and say "what part of 'No' don't you understand? It's over." These clowns must anticipate that "Big Casino" will fold her hand and concede defeat, and finally agree to their package of budget cuts just to comply with the balanced budget requirement of the Arizona Constitution. "My hand was forced," she will claim.

The final deadline of concern for the Grover Norquist Republicans is the "trigger" date they inserted into the package of four spending bills for education funding passed last week, and signed by the Accidental Governor. There is an October 1 "trigger" which will restore all cuts to education if a budget is not adopted by that date (that would mean school districts would be free to spend up to $175 million in “soft capital” costs, such as equipment). You know that the GOP insane clown posse leadership is never going to allow this to happen. There will be a budget before October 1.

Finally, there is always the threat of another special action to the Arizona Supreme Court, essentially on the same grounds for which the Accidental Governor sued the Legislature for failing to transmit the June 4 budget to her after the budget had been approved. There is no enforcement (or penalty) provision in the Constitution for failure to comply to transmit the budget. The court read into the Constitution a timely transmittal date "in the future." (I read somewhere that the Legislature is appealing this decision for clarification).

Similarly, the Constituion requires a balanced budget by the start of the fiscal year on July 1, but again, there is no enforcement (or penalty) provision for failure to comply in the Constitution. The current impasse is unprecedented. There has never been a Legislature and a Governor who failed to enact a budget before the July 1 deadline. We're in uncharted territory of gross incompetence and deriliction of duty here. The Court could not direct either co-equal branch of government as to what the budget must contain, but at some point the Court may have to declare a "drop dead" date for compliance with the July 1 fiscal year deadline. The Court cannot allow this impasse to continue indefinitely in violation of the Arizona Constitution.

I am certain the Arizona Supreme Court is hoping that the parties will resolve this dispute without ever being asked to decide this question.