A Big Win for Education!
On September 26, 2013 the Arizona Supreme Court issued its opinion in the inflation funding case and held that the Arizona legislature was required by the Voter Protection Act to comply with the mandates included in Prop. 301, passed by the voters in 2000. The Court rejected the State's argument that voters do not have the power to enact statutes that direct the legislature to exercise its discretion in a particular manner. The Court held that the voters have the same power to legislate as the legislature, and that unless the Constitution forbids or limits them, they can exercise that power as they see fit. Moreover, because the Arizona Constitution limits the legislature's ability to repeal or amend voter-enacted legislation, the legislature must comply fully with such laws unless and until they are repealed by the voters. This was an important victory for education, but also for Arizona voters!
Court Signs Order Striking HOA Provisions in SB 1454
On September 11, 2013, Superior Court Judge Randall Warner signed the stipulated order finding that the HOA provisions added to SB 1454 in the House of Representatives violated the single subject provision of the Arizona Constitution. As a result, those provisions were held to be void and ineffective. The remaining provisions of the law will go into effect on September 13, 2013. This is an excellent and timely resolution, as well as an important reminder to the legislature of the importance of adhering to the constitutional requirement that each bill contain only one subject.