Supreme Court: Sweep of tobacco money violated Prop. 105

AZ Capitol Times: The Arizona Supreme Court on July 24 ruled on a fine-print dispute over a 2006 tobacco tax ballot measure, determining that state lawmakers were not entitled to sweep millions of dollars of interest held in the Arizona Early Childhood Development and Health Fund. Legislators swept $7 million from the fund as part of a larger effort to address the fiscal 2009 budget deficit, which prompted the board responsible for implementing the 2006 First Things First ballot initiative to argue the sweep illegally targeted voter-protected revenue intended to pay for children’s health care. In a 12-page opinion, the Arizona Supreme Court’s five justices agreed that the Legislature’s move violated the terms of the 1998 Voter Protection Act, or Proposition 105, a constitutional amendment that limited the Legislature’s power to amend voter-approved initiatives.

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