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More controls legal status for Dallas County Guard

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Hearing set on the stick referendum on the analysis of Arizona

HOWARD FISCHER Capitol Media Services | Published: Tuesday, July 13, 2010 5:00 a.m. | (0) Comments

PHOENIX – A judge will decide this month whether the state Republican lawmakers biased description of a controversial ballot measure to make sure that happens.

Attorneys for the Arizona Early Childhood Development and Health Board say the legislators, who are members of the Legislative Council, referring to Proposition 302 characterized to hide certain facts from the voters. This includes a limit on how much the program, better known as First things first, you can spend on administrative costs.

What is also needed is a reminder to voters that they – and legislators – the measure in 2006 to help provide more programs to help preschool children with health and education.

Rhianna Allvin, executive director of First Things First, he pointed out the flaws in the council met last month to meet its legal obligation to provide an impartial analysis “of each ballot measure. But the Republicans who control the committee rejected two changes which he said would have made the language more balanced.

Now the question is in the hands of Maricopa County Superior Court Judge Robert Oberbillig.

On Monday, a hearing was scheduled for July 26 to hear arguments. The lawyers are discussing the Legislature there is nothing wrong with writing and the judge must leave along.

Oberbillig said he is set to go on vacation immediately after, presaging a quick decision.

Whichever side loses, however, is likely to matter to the Supreme Court of Arizona.

Central to the question is what voters will be informed about the drive for the Republican-controlled Legislature, seeking additional sources of cash to balance the budget, to take control of the proceeds of a penny of tax- pack of 80 cigarettes which was passed as part of the 2006 plan. Allvin said the fee generated nearly 5 million in the budget for the year ended simply.

The measure of 2006, establishes a board to fund statewide programs aimed at young children. The objectives include improving access and quality of early childhood development and health programs, increase access to preventive health care for children up to five years, and parents and offer family support and education for child development and literacy.

Because the program was approved by voters, lawmakers are constitutionally forbidden to touch the product of the snuff tax that funds it. So lawmakers instead decided to ask voters to scrap all programs it funds.

However, Proposition 302 will keep the tax on snuff in place and instead of allowing legislators to use for any program of health and human services for children, including those currently funded by general tax revenues.

Supporters of the program, having lost the fight in the Legislature to keep the measure off the ballot, are now preparing for elections.But he said lawmakers are Allvin stacking the deck against the program.

Something missing, he said, is reminding voters who approved the plans themselves. But Allvin said there are other defects.

For example, description, approved by the Legislative Council said the funds are used for two purposes: Offices of funding, staffing and the establishment of regional councils, and disbursement of money for programs and grants.

“It leaves one to believe that there is equal emphasis on our construction of our administrative infrastructure, as is the construction of programs and services,” said Allvin. He noted, however, that the law approved by voters limits administrative costs to no more than 10 percent of the proceeds.

An effort by Rep. Chad Campbell, D-Phoenix, to ensure that the Legislative Council members mentioned that 10 percent of the cap was rejected by the Republican control-panel.

Attorney Rhonda Barnes acknowledged in court that nothing in the description is technically wrong. But she says she does not do what they did legal.

“The Legislative Council can produce an analysis and description of a proposition which contains literally false statements, but nevertheless it is not fair,” he wrote.

Allvin said one of the problems of letting the legislators who are members of the Legislative Council to write the description is to have an interest in the outcome.

“They have not sent this to the voters if they do not want our money permanently,” he said. “I guess I would like the language to reflect their views as long as possible.”

The courts have nullified the description of the ballot measures before they had been approved by the Legislative Council.

In 1994, for example, the courts dismissed the panel as lawmakers told voters about a legislative proposal that would have repealed almost three sections of the state constitution to prevent lawmakers from setting limits on jury verdicts or eliminate the right to sue in certain cases. After the description was revised to comply with the order, voters rejected the proposal.

And the high court also rejected the Legislative Council drafting of an initiative – a proposal by the voters, not legislators – designed to expand eligibility for health care provided by taxpayers. He then came to the judges ordered the description reworked.

Published in the State-and regional-Tuesday, July 13, 2010 5:00 a.m. Update: 8:37 pm.

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