 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Fairness and Accountability v. Greene12/15/1994
En Banc
SPECIAL ACTION
FELDMAN, Chief Justice
A group styled Fairness and Accountability in Insurance Reform ("FAIR") brought this original proceeding for special action relief against the Arizona Legislative Council ("Council") and Secretary of State Richard D. Mahoney.
We granted oral argument, ordered filing of responsive memoranda, and permitted an opposing group named People for a Fair Legal System ("People") to appear as amicus in opposition to the special action petition. After hearing oral argument and considering the briefs, we accepted jurisdiction and granted relief by order, stating that an opinion would follow. This is that opinion.
FACTS AND PROCEDURAL HISTORY
People advocates "tort reform." The Arizona Constitution currently prohibits the enactment of laws limiting damages for death or personal injury or abrogating causes of action for injuries and bars trial Judges from directing a verdict based on contributory negligence or assumption of risk. Ariz. Const. art. 2, § 31; art. 18, §§ 5 and 6. People timely submitted to the secretary of state petitions for an initiative measure ("Proposition 103") that would amend these provisions and allow the legislature to enact laws restricting or ending those prohibitions on legislative and judicial action.
Initiative and referendum procedures are a fundamental part of Arizona's scheme of government. Whitman v. Moore, 59 Ariz. 211, 218-20, 125 P.2d 445, 450-51 (1942). Although our constitution vests legislative authority "in a Legislature, . . . the people reserve the power to propose laws and amendments to the Constitution and to enact or reject such laws and amendments at the polls, independently of the Legislature; and they also reserve . . . the power to approve or reject at the polls any Act, or item, section, or part of any Act of the Legislature." Ariz. Const. art. 4, pt. 1, § 1.
The constitution originally provided only a sketchy procedure for exercising the initiative to enact constitutional amendments and statutes. When an initiative proposal was filed, the secretary of state was to "cause to be printed on the official ballot at the next regular general election the title and number of said measure, together with the words 'Yes' and 'No' in such manner that the electors may express at the polls their approval or disapproval of the measure." Id., § 1(10). The constitution then stated that the text of such measures should be submitted to the people by the secretary of state, who "shall be guided by the general law until legislation shall be especially provided therefor." Id., § 1(11).
Our first state legislature created more detailed initiative procedures. 1912 Ariz. Sess. Laws, 1st Spec. Sess., ch. 77. The statutory scheme evolved over the years and when People filed Proposition 103 provided that after the filing of an initiative proposal with sufficient signatures, the secretary of state was to submit it to the voters with a publicity pamphlet containing, among other things, "a legislative council analysis of the ballot proposal as prescribed pursuant to 19-124." A.R.S. § 19-123(A) (4) (Supp. 1994). In relevant part, § 19-124(B) states:
Not later than 60 days preceding the regular primary election the legislative council, after providing reasonable opportunity for comments by all legislators, shall prepare and file with the secretary of state an impartial analysis of the provisions of each ballot proposal. . . . The analysis shall include a description of the measure and shall be written in cle
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Arizona Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|