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Tucson, Arizona | Published: 03.13.2008
PHOENIX — Calling the governor's action insufficient, the state House gave final approval Wednesday to a law freezing new hiring and promotions.
But it is legally meaningless.
The measure sent to the governor would ban the use of state tax funds to bring on new workers anywhere in the government through the end of the budget year on June 30. That includes not just state agencies but also the courts, the Legislature and the universities.
That makes it broader than a directive Gov. Janet Napolitano issued last month to the agency chiefs under her control.
Similar restrictions would apply to pay hikes.
Exceptions would be allowed in cases in whch the worker is "necessary for the protection of public health and safety or the collection or investment of state revenues."
But HB 2043, originally designed to take effect when the governor signed it, did not get the required two-thirds majority in the Senate to qualify as an emergency.
That means it would not take effect until 90 days after the current legislative session ends — well after the end of the current budget year.
Despite that, Rep. Bob Robson, R-Chandler, said his legislation serves a valid purpose. If nothing else, he said it serves as an indication of the "conscience of the Legislature."
He said it might persuade Napolitano to expand her directive also to prohibit agency chiefs from promoting existing employees.
Robson also said the measure covers other parts of state government not under the governor's control, notably the university system. And he said though a new law technically might not take effect until too late, having it on the books might persuade university presidents to comply voluntarily.
That assumes Napolitano actually will sign the measure, which gubernatorial press aide Jeanine L'Ecuyer said the governor is reviewing.
The debate over whose hiring freeze is better or more effective is typical of the ongoing battle between the Democratic governor and the Republican-controlled Legislature over how to bridge the $1.2 billion gap between the adopted spending plan and the actual number of tax dollars being collected.
Republican legislative leaders have been pushing for deep and immediate cuts in spending. Napolitano has proposed $151 million in cuts — though offering no specifics where — but is depending more heavily on both borrowing and tapping the state's "rainy day" fund.
Both sides have acknowledged the economic downturn that has slashed income and sales tax collections is going to continue beyond this fiscal year.
But Napolitano's plan for next year also proposes no major or permanent cuts. In fact, she is relying on some revenue enhancers, including $90 million she anticipates Arizona will net from 170 new fixed and mobile photo radar cameras she wants deployed around the state.
Napolitano said she first proposed the photo radar idea a year ago as a matter of public safety. She said, though, it was always realized it would bring in extra cash.
The governor said her plan to have all the money go to the state, rather than the current law, which gives ticket revenues to the cities and counties, makes sense. She said lawmakers are going to need to realize "it's going to require all these things" to balance the budget for the next two years.
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