State Treasurer: Cams are Unconstitutional

November 26, 2008

From TheNewspaper.com:

Dean MartinAnother top elected official in Arizona has spoken out against photo radar in response to increasingly vocal resistance from the driving public. State Treasurer Dean Martin (R) on Monday wrote to the state’s solicitor general instructing her to side with the League of Cities and Towns — and against himself — in a lawsuit brought against the state budget. …

“The governor and legislature cannot raise taxes or ‘log-roll’ provisions into the budget that violate the constitution,” Martin explained in a statement. “These laws are unconstitutional since they did not receive the 2/3 majority vote of the legislature which is required to raise taxes.” …

Martin singled out this provision, which was adopted without debate in the legislature, as “a tax increase without a 2/3 vote” (view text of photo radar law). Article 9, Section 22 of the state constitution requires a super-majority vote on legislation that creates a net increase in state revenue from “any new state fee or assessment” or tax.


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