FOR IMMEDIATE RELEASE
Tuesday, January 28, 2025
Senator Mesnard Introduces Ballot Referral to Protect Arizonans from Government Overreach with Raising Taxes and Fees
PHOENIX, ARIZONA— Senator J.D. Mesnard is working to protect Arizonans from government overreach with a new ballot referral he introduced at the Senate this week, SCR 1009. This measure will remove an exception from the Arizona constitution that allows government bureaucrats to assess uncapped fees without first getting a two-thirds vote from the legislature.
In 1992, voters approved Proposition 108 to safeguard Arizonans from one of the most widely abused government powers, the power to tax. The ballot measure amended the constitution to require a two-thirds supermajority vote of the legislature to increase taxes, as well as fees and assessments, which are just taxes by another name. However, it provided an exception to the supermajority requirement for fees assessed by state officers or agencies.
Unfortunately, this loophole has permitted hundreds of millions of dollars in fees to be levied against Arizonans in the years since Prop 108 passed, far in excess of what the exception intended. What's more, the legislature has at times purposely resorted to deferring fee assessments and increases to state agencies in order to circumvent the supermajority vote the voters set for it, essentially passing the buck to unelected bureaucrats. After passage by the Republican-led legislature and upon voter approval, SCR 1009 would put a stop to this gross manipulation of Prop 108 and the financial strain it has caused Arizona citizens. By having a proper check and balance in place, the ballot referral will ensure that the state government is not permitted to make major financial decisions without first getting approval of two-thirds of the legislature, as the people intended. This measure will help restore fiscal accountability, halt government overreach, and protect taxpayers from unauthorized financial obligations.
"The people have entrusted their elected officials with the power to make policies, including assessing any taxes or fees, not delegate that responsibility to unelected government officials," said Senator Mesnard. "When Arizona voters approved Prop. 108, their intentions were clear; they wanted to set a higher threshold when imposing a greater financial burden on the people, not make it easier to do so. The current law is highly attractive to those who wish to game the system and impose fees that they know will not receive a supermajority vote from the legislature. This bill is a significant step towards protecting Arizona taxpayers from unchecked financial burdens while ensuring the legislature cannot shirk its sacred duty."
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For more information, contact:
Kim Quintero
Director of Communications | Arizona State Senate Republican Caucus
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