Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Biggs v. Betlach

Court of Appeals of Arizona, First Division

March 16, 2017

ANDY BIGGS, et al., Plaintiffs/Appellants,
v.
THOMAS J. BETLACH, Defendant/Appellee. EDMUNDO MACIAS; GARY GORHAM; DANIEL MCCORMICK; and TIM FERRELL, Intervenor-Defendants/Appellees.

         Appeal 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 Defendant/Appellee.

          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. Andrew Gaona.

          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.

          Judge Paul J. McMurdie delivered the opinion of the Court, in which Presiding Judge Kenton D. Jones and Judge Patricia K. Norris joined.

          OPINION

          McMURDIE, JUDGE

         ¶1 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. [1]

         ¶2 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.

         FACTS AND PROCEDURAL BACKGROUND

         ¶3 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.

         ¶4 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.[2] The parties filed cross-motions for summary judgment in May 2015 seeking a declaration regarding the constitutionality of ยง 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.