ATTORNEY GENERAL TOM HORNE ATTACKS THE NATIONAL LABOR RELATIONS BOARD (NLRB) FOR UNDERMINING THE MOST FUNDAMENTAL PRINCIPAL OF REPUBLICAN REPRESENTATIVE GOVERNMENT; SECRET ELECTIONS

PHOENIX (Monday, January 31, 2011) -- Attorney General Tom Horne says Arizona will not give in to an ultimatum from the National Labor Relations Board that threatens the voter-approved protection of the secret ballot in union elections.

Horne is releasing a response to an NRLB letter that demands that Arizona and three other states stipulate that the so-called “Card Check” referendum, approved by voters in 2010, is unconstitutional.

“Once again, Arizona is being threatened by its own federal government with a lawsuit, Horne stated. “This intimidation by our own elected leaders must stop. The NLRB is making a direct attack on the most fundamental values of representative government; that is to protect the right of every individual to the privacy of a secret ballot. For this federal agency to attack the right of the secret ballot is more than ironic, it’s Orwellian.”

Regarding the importance of secret elections, Horne quoted Sir Winston Churchill, “We must never cease to proclaim in fearless tones the great principles of freedom and the rights of man which are the joint inheritance of the English-speaking world…

All this means that the people of any country have the right, and should have the power by constitutional action, by free unfettered elections, with secret ballot to choose or change the character or form of government under which they dwell…”

As noted in the responsive letter, the NLRB itself has recognized in specific decisions that a “secret ballot is requisite for a free election”

A copy of the original NLRB letter and response by the four states is included.

NLRB.pdf

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HORNE TO RECOMMEND TAXATION OF MEDICAL MARIJUANA

Phoenix (Wednesday January 26, 2011) - Attorney General Tom Horne today announced that he is recommending to the Arizona Department of Revenue that medical marijuana, made legal in a recent initiative, be taxed by the State. 

Horne stated, "I was opposed to the medical marijuana initiative during the 2010 election, but it was passed by the voters and the issue now presented is whether it should be taxed under existing law."

He added, "Normally, there would be no tax on prescriptions.  However, the legislation refers to doctors giving a 'written certification' rather than a prescription, an apparent effort, copied from other states, to protect doctors from discipline for giving prescriptions of substances prohibited under federal law.  Since these are 'written certifications' rather than prescriptions, the sale of the substance can be taxed by the State, and we are recommending to the Department of Revenue that it tax the sales accordingly.  We are informed by the Department of Revenue that they will take this advice, and tax the sales."

The taxes are estimated to yield revenues to the State of Arizona in the approximate amount of $40 million per year.  This number is projected, on a pro rata basis, to the Arizona population the statistics for Denver County, as reported by the Denver Post using the Phoenix sales tax rate.

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NEW ERA AT ATTORNEY GENERAL’S OFFICE AS HORNE OFFICIALLY JOINS STATE EFFORT TO DEFEND S.B. 1070 AGAINST OBAMA ADMINISTRATION LEGAL CHALLENGE

PHOENIX (Wednesday January 20, 2011) - Attorney General Tom Horne today announced his office has filed an appearance in U.S. v. Arizona, the Obama administration’s federal court challenge to S.B. 1070.  Attorney General Horne is appearing as counsel for the State of Arizona and will work with Governor Brewer’s counsel, who have been defending the Governor and the State in numerous federal court lawsuits challenging S.B. 1070.

“I promised the people of Arizona that as the top law enforcement officer of this state, I would vigorously defend state law,” Horne said.  “Today I am fulfilling my vow to defend S.B. 1070 in the courts against the attack by the Obama administration challenge to the law.”

He added, “It is the responsibility of the federal government to secure the international border.  Despite the claims of members of the Obama Administration that the border is ‘as secure as it’s ever been’, the evidence is to the contrary.  There are far too many incidents of violence – including the recent murder of a Border Patrol Agent – drug and human smuggling, kidnappings and other criminal acts along the border that must be dealt with swiftly and aggressively.  S.B. 1070 is an important tool in that effort.”

Horne concluded, “I would urge the Obama Administration to drop its challenge of the law and allow Arizona to utilize every legal means at our disposal to combat crime along the border.  Absent that action, I will use my office as Attorney General to defend S.B. 1070 all the way to the U.S. Supreme Court, if necessary.”

Editors:  Attached is a link to a brief video of Tom Horne discussing today’s action.  Broadcast outlets are free to use this video/audio.
http://vimeo.com/18997420

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ATTORNEY GENERAL HORNE TO JOIN MULTI-STATE EFFORT TO CHALLENGE THE OBAMA HEALTH CARE LAW IN COURT

PHOENIX (Tuesday January 18, 2011) - Arizona Attorney General Tom Horne today announced that his office will join Governor Brewer and several other states in challenging the constitutionality of the Obama health care plan. The State of Arizona through Governor Brewer initially joined the suit last May. The suit was filed in U.S. District Court in the Northern District of Florida and includes twenty states. Several additional states will file to join the suit today.

Last October the judge rejected the U.S. Department of Justices arguments and allowed two critical claims raised by the States to move forward: (1) the individual mandate is an unconstitutional exercise of Congress' authority under the Commerce Clause; and (2) the costly expansion of Medicaid and the States inability to effectively opt-out of the program amount to an unconstitutional coercion of the States at the hands of Congress. The court currently has under advisement summary judgment motions filed by all parties.

Horne stated: "The 10th amendment provides that all powers not expressly delegated to the federal government are reserved to the states or the people respectively. The constitution does not give the power to the federal government to force people to buy things they don't want to buy, such as health insurance. The requirement in the Obama bill that they do so is therefore unconstitutional. In addition, the bill requires states to make huge expenditures that they would not otherwise make, which is also unconstitutional. In the case of Arizona, this is a requirement to spend an additional $1 billion per year, approximately, which is money that Arizona does not have."

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*** Consumer Advisory *** Tom Horne Warns Consumers to Watch out for Bogus Solicitations from "Title Compliance"

(Phoenix, Ariz. - January 14, 2011)  Attorney General Tom Horne is warning Arizona consumers to watch out for solicitations from a company called "Title Compliance, Records Retrieval Division."   The official looking solicitation offers to obtain a certified copy of the property owners' deed, advising that a "current copy" should be obtained "due to property foreclosures and loan modifications in your county." 

Property owners are advised that foreclosures and loan modifications in their neighborhood have no effect on their own property deed.  Deeds typically do not change unless the property owner recently purchased, sold or refinanced their property.  Property owners can review their deed, at no cost, by visiting their county recorders website.   

The solicitation requests that consumers send $157.00 to Title Compliance on or before 1/28/11 to obtain a certified copy of their deed.  While it is advisable for all property owners to have a copy, there is no requirement to do so.  Also, property owners who desire a certified copy of their deed can do so, by visiting their county recorders website.  A certified copy of a property deed costs less than $10. 

If you believe you have been a victim of consumer fraud, please contact the Attorney General's office in Phoenix at 602-542-5763 in Tucson at 520-628-6504, or outside the Phoenix and Tucson metro areas at 1-800-352-8431.  Consumers can also file complaints online by visiting the Attorney General's website at www.azag.gov.  To file a complaint in person, the Attorney General's office has satellite offices throughout the state.  Locations and hours of operation are posted on the Attorney General's website.

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STATEMENT BY ARIZONA ATTORNEY GENERAL TOM HORNE REGARDING CONGRESSWOMAN GIFFORDS

PHOENIX - I am devastated to hear about the shooting of Congresswoman Gabby Giffords and others. Gabby served in the Legislature while I served as Superintendent of Public Instruction and we worked together well even though we were of opposite parties. She was very amiable and easy to get along with. The initial responsibility for bringing justice is to local law enforcement, but my liaison Gerald Richard told the Tucson Chief of Police we will do anything to help. To the extent the Attorney General has an appropriate role to play we will devote the necessary resources to help see to it that justice is done swiftly.

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