from the Superior Court in Maricopa County No. CV2013-011699
The Honorable Douglas Gerlach, Judge
Goldwater Institute, Phoenix By Christina Sandefur and Aditya
Dynar Counsel for Plaintiffs/Appellants.
Fennemore Craig, P.C., Phoenix By Douglas Northup, Timothy
Berg, Patrick Irvine, and Carrie Ryerson Counsel for
Arizona Center for Law in the Public Interest, Phoenix By
Timothy Hogan and Joy Herr-Cardillo.
William E. Morris Institute for Justice, Phoenix By Ellen Sue
Katz Co-Counsel for Intervenor-Defendants/Appellees.
Coppersmith Brockelman PLC, Phoenix By Roopali Desai and D.
Arizona Hospital and Healthcare Association, Phoenix By
Ann-Marie Alameddin Co-Counsel for Amicus Curiae Arizona
Hospital and Healthcare Association.
Statecraft PLLC, Phoenix By Kory Langhofer Counsel or Amicus
Curiae Health System Alliance of Arizona.
Paul J. McMurdie delivered the opinion of the Court, in which
Presiding Judge Kenton D. Jones and Judge Patricia K. Norris
We are asked to consider whether the hospital assessment
under Arizona Revised Statutes ("A.R.S.") section
36-2901.08 was enacted in violation of Article 9, Section 22,
of the Arizona Constitution. 
Appellants, a group of legislators who voted against House
Bill ("HB") 2010 during the 2013 legislative
session, appeal the superior court's order granting
Defendant's and Intervenor-Defendants' motions for
summary judgment. Appellants contend HB 2010 created a new
tax on hospitals, and therefore required a super-majority
vote under Article 9, Section 22. Because HB 2010 imposed an
assessment that is excepted under Section 22(C)(2), we find
it constitutional as enacted and affirm the superior court.
AND PROCEDURAL BACKGROUND
In September 2013, during the Fifty-First Arizona State
Legislature, legislators introduced HB 2010 to expand
Arizona's indigent healthcare program. Included in that
expansion was an assessment on hospitals to be set by the
director of the Arizona Health Care Cost Containment System
("AHCCCS"). HB 2010 passed by a simple-majority
vote, and Governor Janice K. Brewer signed it into law as
A.R.S. § 36-2901.08.
Members of the Arizona Legislature who voted against HB 2010
subsequently filed suit in September 2013 to enjoin
enforcement of the expansion, arguing HB 2010 was passed in
violation of Article 9, Section 22. The parties filed
cross-motions for summary judgment in May 2015 seeking a
declaration regarding the constitutionality of §
36-2901.08. The superior court found the legislation came
within a listed exception to Article 9, Section 22, and thus
was not subject to the ...