Arizona Governor Goes to Court As GOP Budget Battle Grinds On

DALLAS - Gov. Jan Brewer went to the Arizona Supreme Court yesterday in a bid to force the Legislature to send her budget bills it has already passed.

In a "special action" lawsuit, Brewer sought a court order requiring legislative leaders to send her the budget bills immediately.

With the start of the new fiscal year two weeks away, Republican legislative leaders are refusing to send Brewer the budget, even though the measures won approval June 4. On Monday, legislative leaders walked out of negotiations with the Republican governor on how to close the state's $4 billion budget gap.

Brewer and legislative leaders disagree on how to close the deficit. Brewer wants a temporary three-year increase in the state sales tax to raise $1 billion, while the lawmakers are relying on spending cuts and "sweeps" of funding from state agencies.

Without prospects for a budget by July 1, Brewer has already begun planning to shut down government operations.

"I believe it is a disaster if they don't get a budget up to me," Brewer said in a press conference. "I will not allow the [Senate] president to hold the entire state hostage."

It is unclear whether the Arizona Supreme Court has the authority to break the impasse. Under the state constitution, the Legislature must send the governor a budget in time for the new fiscal year, but the law does not specify when.

Senate President Bob Burns, R-Peoria, said that he left talks with the governor's representatives because discussions "bogged down." Burns and other legislative leaders expect a Brewer veto of the budget, and keeping the bills in hand until the 11th hour gives the GOP governor less flexibility to demand changes.

House Speaker Kirk Adams, R-Mesa, called Brewer's legal action "perplexing" and "extremely premature."

With revenues continuing to fall, Arizona's financial situation is among the worst in the nation.

In its current version, the $8.2 billion plan passed by the Legislature is about $2 billion below the original budget for the current 2009 fiscal year. Lawmakers were forced to make two series of deep cuts to state spending and use accounting gimmicks to balance the current budget.

While some legislative budget experts projected the 2010 shortfall at $3.1 billion, Brewer pegged it at $4 billion.

At a hearing called by governor at the capitol earlier this month, witnesses discussed the budget's impact on education, health and human services, local governments, transportation and public safety.

The League of Arizona Cities and Towns has supported Brewer's budget over the Legislature's, saying local governments would not have to adjust their own budgets due to lost revenue.

In a letter to lawmakers earlier this month, Brewer wrote that the urgency of completing the budget is heightened by the fact that the shortfall for fiscal 2010 represents 40% of the fiscal 2009 budget.

For reprint and licensing requests for this article, click here.
MORE FROM BOND BUYER