Biggs v. Betlach

OPINION

McMURDIE, Judge;

¶ 1 We are asked to consider whether the hospital assessment under Arizona Revised Statutes (“A.R.S.”) section 36-2901.08 was enacted in violation of Article 9, Section 22, of the Arizona Constitution. 1

¶ 2 Appellants, a group of legislators who voted against House Bill (“HB”) 2010 during the 2013 legislative session, appeal the superior court’s order granting Defendant’s and Intervenor-Defendants’ motions for summary judgment. Appellants contend HB 2010 created a new tax on hospitals, and therefore required a super-majority vote under Article 9, Section 22. Because HB…