HORNE ANNOUNCES ARIZONA NOW TO OPPOSE FEDERAL E.P.A. GREENHOUSE REGULATIONS

PHOENIX (Tuesday, February 1, 2011) -- Attorney General Tom Horne announced today that Arizona has withdrawn from a United States District Court lawsuit in which Arizona had previously supported the U.S. Environmental Protection Agency’s (EPA) greenhouse gas regulatory scheme.

Because of this action, Arizona will no longer support the proposed EPA Reporting Rule requiring mandatory reporting of greenhouse gas emissions above appropriate thresholds in all sectors of the U.S. economy. The state will also no longer support the Endangerment Finding and so-called California Waiver portions of the regulations.

“I am passionate about protecting the rights of individual states under the 10th Amendment. And I am equally passionate about limiting government intrusion into the ability of employers to reasonably operate their businesses,” Horne said. “This regulatory scheme is a classic example of a federal agency trying to do the job of elected legislators and at the same time place burdensome mandates on business.”

“The federal government cannot continue to increase its size and scope at the expense of the constitutional protections envisioned by the Founders. This proposed EPA action would exacerbate that problem and have therefore withdrawn the support this action was given by my predecessor,” Horne concluded.

###

ATTORNEY GENERAL HORNE POSTS LEGAL BRIEF ON HEALTH CARE LAWSUIT

Click here to view a copy of the health care ruling.  (http://myfloridalegal.com/webfiles.nsf/WF/JDAS-8DMNTD/$file/VinsonRuling1312011.pdf)

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

###

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.

###