Prop 122 Would Allow Arizona To Stop Paying For Some Federal Programs

By Steve Shadley
Published: Tuesday, October 28, 2014 - 5:05am
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(Photo by Steve Shadley - KJZZ)
Sandy Bahr, with the Grand Canyon Chapter of the Sierra Club, stands outside of her Phoenix office. She said Prop 122 is unconstitutional and it will bring bad publicity to Arizona if it passes.

Next week, voters will have a chance to amend the Arizona constitution so the state can reject federal policies it doesn’t agree with. Proposition 122 is Arizona's latest attempt to practice sovereignty.

"This is only about your money, your state tax dollars," said Jonathan Paton, chairman of the campaign to get Prop 122 passed. The former state lawmaker said the ballot proposal asks a simple question: should Arizona have to pay for expensive federal programs mandated by Congress?

"There are a lot of laws that are passed in Washington, D.C. every year but there's nothing that compels a state to pay for the enforcement of those laws," Paton said.

He said this amounts to what he called "unfunded mandates." Paton said when Congress or agencies like the EPA require Arizona to comply with federal programs, that contributes to the state's financial problems.

"Prop 122 basically creates a process by which people decide 'Hey this is either something we want to do or maybe we don’t want to do that.' It gives either the legislature or the public the chance to vote on whether they are going to follow through on spending state dollars for that or not," Paton said.

He added that he's confident the federal government will pick up any cost Arizona refuses to pay.

Prop 122 was referred to the ballot by state lawmakers. Paton said the measure would guarantee that state and local government adhere to the U.S. Constitution. But he hopes Capitol Hill gets the message too.

"Congress has a lower approval rating than Ebola at the moment so I think that most people feel that Congress has not done its job," Paton said.

He acknowledged that Prop 122 is a reaction to the Affordable Care Act and the Common Core national education standards. Opponents have launched a campaign to try to derail Prop 122.

"At its heart, proposition 122 is another attempt by state legislators to weaken laws that protect clean air, clean water, our magnificent wildlife and the public’s health," said a video produced for the NO on Prop 122 campaign.

One opponent is Sandy Bahr, with the Grand Canyon chapter of the Sierra Club. She said if the proposal passes, Arizona will again become a favorite subject among TV comedians.

"They hardly need writers anymore," Bahr said. "They just report what happens in Arizona. And this is another measure that is sure to get us on late night comedy."

She said not only would Prop 122 create bad blood between Arizona and federal government, but it also has the potential to pit the state legislature against the feds in a series of legal battles.

"Instead of stepping up and working cooperatively to solve real problems they are looking at thumbing their nose at the federal government and seeking another lawsuit. We don’t need more lawsuits. We need more problem solving. This would be a huge waste of taxpayer dollars," Bahr said.

Arizona isn't the only state that's considered fighting some federal policies. Colorado and Washington state recently approved recreational marijuana in violation of federal drug laws and more than a dozen other states, including Arizona, passed laws allowing medical marijuana. In Utah, lawmakers recently approved a bill that could allow that state to take over federal lands assigned to the Bureau of Land Management.

"It's not really an anti-federal movement. It's really a states' rights movement," said Utah state representative Roger Barrus. He sponsored the bill that may allow Utah to take over the federal land if it goes into effect next year. Barrus said there's growing support nationwide for measures that challenge federal policies.

"In order to retain the opportunity for self-government, people have to get involved," Barrus said.

But if Prop 122 passes it might not go into effect. A legal scholar predicted the measure will probably end up in the courts because the U.S. Constitution trumps Arizona's challenge to federal law.