mesnard
Sen. Mesnard Hopes Ballot Referral Will Protect Taxpayers From Government Overreach

February 2, 2025

By Daniel Stefanski |

An Arizona lawmaker is working on legislation to protect his constituents from government overreach.

This week, State Senator J.D. Mesnard introduced SCR 1009 to “remove an exception from the Arizona constitution that allows government bureaucrats to assess uncapped fees without first getting a two-thirds vote from the legislature.” If passed by both chambers of the Arizona Legislature, the measure would be referred to a future statewide ballot for voter approval.

According to the press release issued by Mesnard, a Republican, SCR 1009 was deemed necessary because of a loophole that was uncovered from a previously approved voter initiative, Proposition 108, back in 1992. Prop 108 mandated a two-thirds vote of the Arizona Legislature to increase taxes, fees, and assessments on the state’s taxpayers. However, as was discovered in later years, there was an exception that was granted for fees that would be assessed by state officers or agencies. That loophole, per Mesnard, has led to hundreds of millions of dollars of fees for Arizonans, leading to the need for a measure like SCR 1009 to correct the problem and close the loophole that was being exploited by rogue bureaucrats.

In a statement announcing the introduction of the ballot measure, Senator Mesnard said, “The people have entrusted their elected officials with the power to make policies, including assessing any taxes or fees, not delegate that responsibility to unelected government officials. When Arizona voters approved Prop. 108, their intentions were clear; they wanted to set a higher threshold when imposing a greater financial burden on the people, not make it easier to do so. The current law is highly attractive to those who wish to game the system and impose fees that they know will not receive a supermajority vote from the legislature. This bill is a significant step towards protecting Arizona taxpayers from unchecked financial burdens while ensuring the legislature cannot shirk its sacred duty.”

The release from the longtime east valley legislator added that “by having a proper check and balance in place, the ballot referral will ensure that the state government is not permitted to make major financial decisions without first getting approval of two-thirds of the legislature, as the people intended. This measure will help restore fiscal accountability, halt government overreach, and protect taxpayers from unauthorized financial obligations.”

SCR 1009 will first be considered in the Arizona Senate. If it is successful in this chamber, the measure will move to the Arizona House of Representatives for consideration. If both the state Senate and House approve of this measure, SCR 1009 will be transmitted to the Arizona Secretary of State’s Office for inclusion on the 2026 November General Election ballot, bypassing the Governor’s Office entirely.

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.

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