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Rules committee recommends mass approval of bills after attorney warns of constitutional risks in budget language
Summary
The Arizona House Rules Committee recommended a package of bills (House Bills 4138''153 and Senate Bill 1798) as constitutional and in proper form after Rules Attorney Tim Fleming warned that language in the budget/fee bills may exceed appropriation limits, raise gift-clause concerns and create separation-of-powers issues. The motion passed 8''to'0.
The Arizona House Rules Committee voted to recommend a package of measures — House Bills 4138''153 and Senate Bill 1798 — after hearing a review from the committee's rules attorney, who warned that some budget and fee provisions could raise constitutional questions.
Rules Attorney Tim Fleming told the committee that, while most of the bills appear "substantially constitutional and in proper form," the General Appropriations Act is limited by the Arizona Constitution and non-appropriation policy language placed in a fee or budget bill could be vulnerable to legal challenge. "The rule is that the General Appropriations Act can only contain appropriations for the different departments of, the government institutions, schools, and for the payment of public debt," Fleming said, reading constitutionally grounded constraints the office watches for.
Fleming singled out examples in the budget package that may cross from appropriation into policy, including a provision tied to the Department of Child Safety that implements training requirements for child-safety personnel and language in the Department of Corrections appropriation restricting the use of out-of-state provisional beds. He also cautioned about the frequent practice of placing conditions on appropriated funds that require legislative approval or Joint Legislative Budget Committee (JLBC) review before spending, a pattern he said raises separation-of-powers concerns.
"The fee bill also provides for public money to be distributed to various non-profits and charities," Fleming added, noting a potential gift-clause issue under the Arizona Constitution. He pointed to a health-related provision with a "notwithstanding" clause that would, in effect, exempt counties from the state constitutional expenditure limitation as another flag to watch.
After questions and brief discussion, the committee recorded the motion to recommend the measures. Representatives Carbone, Contreras, De Los Santos, Memphis, Speaker Montenegro, Willoughby, Vice Chair Carter and Chairman Hendricks were recorded as voting "aye." The clerk announced eight ayes and no opposition; the committee recommended the measures as constitutional and in proper form.
The committee's recommendation forwards the bills to the next floor or committee stage for further consideration; Fleming said his office is available to answer follow-up questions about the specific constitutional flags he identified.
