On Tuesday, the Arizona Supreme Court ruled that Pinal County’s transportation excise tax was unlawful. The ruling affects two 2017 voter-approved measures from the Pinal County Regional Transportation Authority (RTA) Pinal County Board of Supervisors. The two measures instituted a tax on purchases under $10,000, constituting a two-tiered retail transaction privilege tax (TPT) that would pay for infrastructure.
BREAKING NEWS – MASSIVE Goldwater victory for taxpayers' rights!
The Arizona Supreme Court just ruled that Pinal County's "transportation excise tax" is ILLEGAL. pic.twitter.com/BhRBGH1cwp
— Goldwater Institute (@GoldwaterInst) March 8, 2022
The Arizona Supreme Court disagreed with the county’s assertion that the tax afforded a modified and variable rate in accordance with state law.
“We therefore conclude that the two-tiered retail TPT structure in Proposition 417 is neither a ‘modified rate’ nor a ‘variable rate’ under § 42-6106(C). In this case, until the legislature ‘expressly delegates’ to counties the authority to implement this tiered-rate tax on specified businesses—an authority that is ‘strictly construed’ — Pinal County’s two tiered retail TPT structure as part of a transportation excise tax is unlawful and invalid,” wrote the court.
The ruling marked the Goldwater Institute’s seventh Arizona Supreme Court ruling in their favor. The institute’s vice president of litigation, Timothy Sandefur, asserted that the ruling ensured clarity, ease, and lowered costs for businesses.
“The legislature intended state taxes to be uniform — not to allow each of the state’s 15 counties to set their own rules. To allow that would make Arizona inhospitable for business, because it would transform the state into a crazy quilt of different tax rules in each locality,” wrote Sandefur. “[I]t marks a victory for taxpayers not just in Pinal County but throughout Arizona. In tough economic times—with inflation and fuel costs rising—the last thing Arizona needs is for public officials to create more and more complicated tax rules that take more of people’s earnings away and drive away job-creating industry.”
We just won a big victory for taxpayers – it's our 7th win before the AZ Supreme Court!
The last thing AZ needs right now is for government officials to create complicated tax rules that take away more of people's hard-earned money and drive away jobs. https://t.co/uuJNlJHg0d
— Goldwater Institute (@GoldwaterInst) March 8, 2022
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Longtime Republican state lawmaker Frank Pratt died Tuesday after a long illness. He was 79.
“Frank Pratt did it all – public servant, business owner, rancher, farmer and family man,” said Gov. Doug Ducey, who ordered flags at all state buildings lowered to half-half on Wednesday to honor the Florence native. “He was one of the good guys, and we’re lucky he called Arizona home.”
Pratt, who lived in Casa Grande, was first elected to the Arizona House of Representatives in November 2008 to serve the citizens of what was then Legislative District 23. After district boundaries were redrawn, Pratt went on to win a House seat in November 2012 of what is now Legislative District 8 across parts of Gila and Pinal counties.
In 2016, Pratt handily beat his Democratic Party opponent to serve LD8 as state senator. Then last November, he won election to return to the House.
Pratt earned extra admiration from his fellow Republican caucus members earlier this year for the dedication he showed during the legislative session, participating daily in House business despite his illness.
“The honor, integrity, and high ethic by which he conducted himself in his service is incomparable,” House Speaker Rusty Bowers said Tuesday in announcing Pratt’s passing. “He loved what he did and wouldn’t let anything stop him from doing it. He never quit.”
Pratt chaired a variety of committees at the Legislature, including the House Judiciary, Senate Transportation and Technology, and the House Energy, Environment and Natural Resources. He was named Legislator of the Year by the Arizona Chamber of Commerce in 2010, and he enjoyed the support of groups like the National Rifle Association and Fraternal Order of Police over the years.
Among those issuing condolences is the Home Builders Association, which called Pratt “a true statesman who looked out for the interests of Pinal County and above all this great state.” The Greater Phoenix Chamber also weighed in, noting Pratt’s “demeanor, leadership and friendship will be sorely missed at the Capitol.”
A statement from the Arizona Lodging & Tourism Association recalled Rep. Pratt’s love for his community and all of Arizona. “We are incredibly grateful for his service and leadership,” the group tweeted. “Our thoughts and prayers are with his wife Janice and his family.”
Sen. T.J. Shope, who served LD8 with Pratt, tweeted that everyone is better off because of his friend’s hard work on behalf of Arizonans.
“Whether it was on his ranch or farm, his successful business, or in the Legislature, he conducted himself with the type of honor & dignity we should all aspire to,” Shope said.
Pratt’s term runs through the end of 2023. In the coming days, the Arizona GOP chairperson will provide formal notice of the vacancy to all elected Republican precinct committeemen (PC) of the Pinal County portion of LD8 where Pratt lived.
Those PCs will have 21 days to nominate three Republican electors who meet the statutory requirements for the seat and who reside in the LD8 area of Pinal County. The Pinal County Board of Supervisors will appoint one of those nominees to fill the remainder of Pratt’s term.
So far this year, Pinal County police have seized over 1.1 million M30 fentanyl pills. “M30” is a stamp on pills sometimes used to disguise a synthetic drug as the painkiller oxycodone, manufactured by pharmaceutical companies. The Drug Enforcement Administration (DEA) reported last year that a majority of fentanyl comes from the Mexican border.
Pinal County Sheriff Mark Lamb summarized the significance of these drug seizures. Lamb explained how the number of M30 fentanyl pill seizures jumped from zero in 2018, to around 700 in 2019, and over 200,000 in 2020.
Lamb explained that meth and fentanyl are being trafficked in pill form because people, especially kids, are more likely to take a pill than a needle in the arm.
“Not only are we dealing with the human trafficking issue, we’re also dealing with drug trafficking into this country. What the cartel has started doing is producing synthetic drugs, like methamphetamine and fentanyl. They can produce them in a lab 24 hours a day, 7 days a week,” explained Lamb. “Folks, this is a problem. What starts in my backyard today will be in your front yard tomorrow.”
In the post, Pinal County Sheriff’s office added that most of their deputies had never seen a fentanyl pill three years ago.
MORE THAN 1 MILLION PILLS SEIZED. Three years ago, most of our deputies had never seen a fentanyl pill. pic.twitter.com/w911ieDDnx
Fentanyl was one of the key drugs found in George Floyd’s system after his death. Floyd had approximately 11 nanograms per milliliter (ng/ml). Fatalities may occur at around 7 ng/ml of fentanyl when one or more other drugs are used conjunctively.
Floyd also had 19 ng/ml of meth in his system. The initial autopsy report added that deaths have been determined due to fentanyl at levels as low as 3 ng/ml.
Fentanyl is a synthetic opioid drug that is 50 to 100 times more potent than its most comparable drug – morphine. This drug accounts for the majority of opioid overdose deaths in the United States, according to the National Institute of Health (NIH).
Since President Joe Biden took office, reports of increased drug trafficking have coincided with the historic surge of illegal immigrants. The situation worsened to the point where non-border states were lending their law enforcement to the southern border; South Dakota recently brought their National Guard home after Texas gained a handle on their end of the crisis.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Taxpayer-funded League of Arizona Cities and Towns (League) apparently penned two opinion pieces on behalf of Pinal County mayors and supervisors praising Representative David Cook (R-Globe), email records reveal. What’s more, the League asked Cook to offer any edits and approve at least one of the pieces before they ran.
It appears the League’s primary lobbyist, Nick Ponder, contacted Cook about two opinion pieces for Pinal County officials: one on behalf of their supervisors, and one on behalf of their mayors. In emails obtained by AZ Free News, Ponder reached out to Cook for the final say on one of the pieces concerning Pinal County mayors. The subject line for some of the emails concerning that piece read: “Mayor’s Letter for Cook[.]”
The mayors’ opinion piece lionized Cook as a “brave legislator” who stood up against tax cuts and supported water sustainability.
“Thankfully, we have State Representative David Cook representing us in the Arizona state legislature. He is one of a handful of brave legislators with enough courage to stand up to the power brokers at the State Capitol in Phoenix. Rep. Cook is forcefully speaking out about the destructive impact the proposed tax cut will have on our rural communities and he is fighting to protect us. […] Equally important, Rep. Cook joins us in supporting policies which address our water challenges here in Pinal County. Securing long-term sustainable water solutions will ultimately cost the state billions of dollars. Considering Arizona’s water future and its pending costs, Rep. Cook is right to stand up and fight a permanent tax cut valued at nearly $20 billion over the next decade. Those are dollars the state will sorely need to fund future water solutions. We wish to make it perfectly clear to all our municipal residents: We stand with Rep. Cook in protecting our public safety budgets and bringing funding to Pinal County to help mitigate our state’s long term water shortage.” (emphasis added)
The League is funded principally by taxpayers. Casa Grande Mayor Craig McFarland, Coolidge Mayor Jon Thompson, Eloy Mayor Micah Powell, Florence Mayor Tara Walter, Globe Mayor Al Gameros, Hayden Mayor Dean Hetrick, Kearny Mayor Jamie Ramsey, Mammoth Mayor Patsy Armenta, Miami Mayor Sammy Gonzales, Queen Creek Mayor Gail Barney, Superior Mayor Mila Besich, and Winkelman Mayor Louis Bracamonte were signed onto the letter.
Email records show that Ponder reached out to Copper Area News Publishers for publication in the Superior Sun, Copper Basin News, and San Manuel Miner. Arizona Capitol Times published the opinion piece.
In another email, Ponder forwarded Cook an email chain about the Pinal County supervisors’ opinion piece. Pinal County Communications and Marketing Director James Daniels had submitted the piece to the managing editor of the Casa Grande Valley Newspapers.
After that, Daniels forwarded the correspondence to others, including County Supervisors Association of Arizona Executive Director Craig Sullivan – he shared it with Ponder, who then shared it with Cook.
The piece focused on how much the Pinal County supervisors supported Cook.
“Representative David Cook has always fought to protect the interests of the residents of Pinal and Gila counties, whether by securing resources to build roads or to develop water supplies, and we are very grateful to see his hard work to ensure that any tax reduction package passed by the legislature is designed so that the state remains on solid financial footing going into the future,” read the letter. “We are very concerned that in the legislature’s desire to do something ‘big and bold,’ what will get lost is doing things right. Therefore, we applaud Representative Cook’s leadership to shape a tax package that strikes a wise balance – providing meaningful tax relief, reducing state debt, and ensuring the state has the resources to meet its obligations to Arizonans into the future.”
Pinal County Supervisor Steve Miller and Gila County Supervisor Tim Humphrey signed onto the letter.
The piece appeared in The Arizona Republic, Pinal Central, Copper Basin News,and Superior Sun.
AZ Free News inquired with the League about their involvement in the writing of these opinion pieces, as well as who initiated the idea to create them. The League’s administrative assistant confirmed that the appropriate staff members received our inquiries, but they didn’t respond by press time.
As a constituent in LD8, I have been hearing for years from Representative David Cook about his “conservative record.” This has been the song Cook has sung every election, and being completely unchallenged, he has successfully convinced many voters it is true.
But David Cook is no conservative, and him just saying he is, doesn’t make it so. The gig is up; Mr. Cook can’t run away from his very liberal record anymore.
Last week Rep. David Cook singlehandedly killed much needed tax cuts, institutionalizing the damage of Prop 208 and carrying the water for the democrats and Red4Ed. He was the lone Republican in this vote.
In trying to spin his way out of siding with the Dems on opposing tax relief, Cook is telling voters in Pinal County that he cut taxes by $600 million last year. One small problem with his claim–it never happened.
No tax cuts were passed in 2020, as the Pandemic ended session early and a “skinny budget” was passed by the legislature.
Cook didn’t vote to cut our taxes in 2019 by $600 million either. In fact, he raised taxes when he voted to collect a new tax on online sales which has resulted in an over $425M windfall in state and local coffers so far. Although Cook and his Republican colleagues did lower income rates in 2019, this was a part of an effort to stop a tax hike caused by conforming with the Federal Tax Cuts and Jobs Act. Stopping a tax increase is not the same as a tax cut. None of this was very conservative.
Cook didn’t cut our taxes in 2018 either–he again voted to raise them. Cook voted with the Democrats for the now repealed $32 car registration fee most Republicans voted against. That wasn’t Cook “standing against his colleagues” to defend conservative principles. No, that was Cook standing with the Democrats and other liberal Republicans to pass a new $500M tax. This is not conservative.
And In 2017 Cook tried to raise our taxes again when he voted for a bill in the House Transportation committee to increase our gas tax by over 50%. This is not conservative.
This year Cook has been the main champion in the House to permanently increase unemployment benefits. On the heels of a government shutdown of the economy, Rep. Cook sponsored the bill this year that would increase unemployment taxes on small and medium businesses by 14 percent. Businesses are already struggling to hire workers back because they are competing against government paying people more to stay at home. This is not conservative.
Amid a surging border crisis, this year Cook was one of only four Republicans who voted to allow illegal immigrants to qualify for in state tuition, scholarships, and financial aid at Arizona public universities. This is not conservative.
The truth is that the legislature hasn’t cut taxes by $600 million in all of the years David Cook has served in the legislature. We have only seen our taxes go up, with Cook and his Democrat pals leading the way.
This year the state has a historic $4 billion surplus sitting in the coffers that all Republicans, except for David Cook, want to use to ensure real relief to taxpayers with real tax cuts.
Voters of LD8 aren’t fooled anymore, despite the impressive amount of gaslighting Mr. Cook does. David Cook is not a conservative. And it is long overdue he stops pretending to be.
