Ariz. gov sues over delay in sending budget bills

PHOENIX — Arizona Republican Gov. Jan Brewer sued the GOP-controlled Legislature on Tuesday, asking the state Supreme Court to order top leaders to immediately send her budget bills that lawmakers approved nearly two weeks ago.

Amid escalating tension over efforts to close the state’s $4 billion budget gap, Brewer said in a special-action lawsuit that lawmakers were ignoring a state constitutional mandate to present her with legislation after passage. The state constitution doesn’t specify how quickly that must occur.

Also, the delay in sending bills approved on June 4 undercuts checks and balances among the branches of government by not permitting the governor to do her duty to act on legislation, Brewer’s lawsuit said.

“The Legislature cannot usurp the executive branch’s responsibilities,” she said during a news conference.

The Supreme Court scheduled arguments for June 23 on Brewer’s suit, which named both legislative chambers and each chamber’s top leader, plus the Senate secretary, as defendants.

The bills face an apparent veto by Brewer, and legislative leaders have said they delayed sending the bills to the Republican governor in hopes of negotiating a compromise. Republicans hold majorities in the Legislature.

Before Brewer and legislative leaders met late Tuesday for reports on work being done by teams of aides, the negotiations had broken off Sunday night with a walkout by state Senate President Bob Burns after the sides could not agree on spending levels.

“I will not allow K-12 education to be decimated nor will I allow the elderly, the children and the most frail of our society to be put at risk,” Brewer said.

Brewer contends that the legislative budget falls short of covering the shortfall and doesn’t maintain essential services. Legislative leaders say Brewer must accept deeper spending cuts in the next budget because the state will face grave budget trouble for years to come.

Brewer’s filing the lawsuit was “antagonistic” and not helpful to negotiations, Senate Majority Leader Chuck Gray said Tuesday.

“When you reach a blockage point and there’s still more items to discuss, I don’t think it’s time to just run off to court,” he said.

Brewer said that the delay in sending her the bills could force a state government shutdown and she suspected that lawmakers appear to be setting her up to be forced to sign the budget bills if she doesn’t get them until the last moment.

The state faces a shortfall of up to $4 billion in the fiscal year beginning July 1. Tax collections have been hammered by the housing industry’s collapse, rising unemployment and dampened consumer spending.

Burns and House Speaker Kirk Adams, R-Mesa, said Monday that vetoes of the budget bills could risk throwing away months of legislative work to hold down spending.

The GOP legislative leaders also said it would be inappropriate for the court to intervene at Brewer’s request to settle the other two branches’ differences and that a court fight could delay resolution of the budget situation.

Senate Minority Leader Jorge Garcia, D-Tucson, urged Burns to send the budget bills to Brewer, saying: “This infighting needs to end so that the Legislature can work on a budget that does not devastate the state and that does not cause a government shutdown.”

The approved legislative budget would use federal stimulus money, spending cuts, transfers from special-transfer funds and various forms of borrowing. Brewer’s plan, which is based on a larger shortfall estimate and has not been acted on by the Legislature, would use versions of those same steps but include a three-year temporary tax increase.

Brewer disclosed Monday that she was willing to not include revenue from the tax increase in the next fiscal year’s budget, but her spokesman said she still wants a November special election on the proposed one-cent increase.

Brewer’s administration has begun preparations for a partial shutdown if there’s no budget in place when the current fiscal year ends.

The case is Brewer vs. Burns, CV-09-0168-SA.

On the Net:

Arizona Supreme Court, www.supreme.state.az.us/