Arizonans have two choices to stop legislative tampering with successful initiatives.
By Dave Devine
THE ARIZONA Legislature is infamous for failing to implement
successful propositions it doesn't like.
Take the case of the "Healthy Arizona" initiative.
Adopted two years ago by a wide margin, the act was intended to
provide health care to more poor people and to fund six specific
programs. But the Legislature simply decided not to implement
it.
Then there's the medical marijuana initiative, which would have
allowed doctors to prescribe pot to relieve the suffering of people
stricken with AIDS, cancer and other illnesses. The Legislature
forced numerous changes in that law as fast as it could.
It was those changes, in fact, that sent supporters of the medical
marijuana initiative back to the street to gather nearly a quarter-million
signatures for Prop 105, which sets tougher requirements to protect
adopted propositions.
Unhappy with the language of Prop 105, another group of citizens
worked with the Legislature to put an alternative, Prop 104, on
the ballot.
Both sides are now trading blows. Supporters of the citizen's
initiative call Prop 104 "a tool of deception," "watered
down," and "The Politician Protection Act." Meanwhile,
backers of the Legislature's alternative say 105 includes language
that's "a lawyer's dream and the public's nightmare"
and a financing mechanism which is "horribly defective."
Both of these ballot measures proclaim the same goal: to ensure
that the will of the voters as expressed through adopted ballot
propositions is carried out. But the differences between the two
are substantial.
Proposition 105 would prohibit the governor from vetoing a voter-approved
proposition, like former Gov. J. Fife Whiteguy III threatened
to do before he was convicted out of office. The Legislature would
also not be permitted to repeal these propositions.
To amend an approved proposition, three-fourths of each house
of the state Legislature would have to support the change. These
amendments could only "further the purposes of such measure."
For propositions which contain funding appropriations, Prop
105 denies the Legislature the power to appropriate or divert
this money unless "at least three-fourths of the members
of each house of the legislature...vote to appropriate or divert
such funds."
Adopted ballot propositions covered by this measure would be
those approved this year or later. It does not retroactively apply
to ballot issues adopted before 1998.
Opponents of 105, who instead support 104, point to several
potential problems with its language. For starters, what does
"furthers the purposes of such measure" mean when it
comes to possible amendments? They say such vague language will
lead to court cases to decide legislative intent.
Opponents also complain that, under the terms of Prop 105, 45
out of 60 members of the state House and 23 of 30 state Senators
have to authorize the appropriation of funds contained in approved
propositions. For example, if this proposition applied to the
annual $20 million for Heritage Funds taken from lottery proceeds
every year, that funding could face an authorization hurdle annually.
Dennis Burke, Arizona Director of Common Cause, thinks this
three-fourths requirement will empower a fringe element in the
Legislature. He believes there would be "horrendous battles
over annual appropriations" and that the proposition's language
in this regard is "horribly defective."
To correct these deficiencies, Common Cause and other groups
worked with the Legislature to place Proposition 104 on the ballot.
Burke says this action "wasn't the typical end run by the
Legislature" to try to confuse the voters. Instead, he says,
the language of 104 makes it preferable to 105.
Proposition 104 applies to all existing and future approved
ballot measures. Like 105, it prohibits the governor from vetoing
these propositions.
But this measure does allow the Legislature to "amend
or substantially modify" adopted propositions. It also permits
the diversion or withholding of money authorized by these measures.
A two-thirds vote of each house of the Legislature would be required
to accomplish either of these steps.
In addition, this ballot question puts in place a mechanism
for the Legislature to repeal an entire proposition after five
years. It also allows the Legislature at any time to send back
to the voters a proposed repeal or amendment to an approved proposition.
Those who favor 105 and oppose 104 call it a "bait and
switch" trick by the Legislature, the very people it is supposed
to restrict. They think it is intended to confuse voters and that
the stricter requirements of 105 are needed to protect approved
propositions. Why should you trust the Legislature, they ask,
when that is the very institution which has caused the problems?
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