By Howard Fischer
Capitol Media Services
PHOENIX -- Members of a Senate panel voted Wednesday to allow any Arizonan to file suit against any level of government who they believe is "furthering Marxist ideologies.''
On a party-line vote, Republicans on the Government Committee agreed to open the door for litigation designed to stop public funds being used on a laundry list of ideas that Sen. Anthony Kern, the sponsor of SB 1195, says are things that not only already are happening but might happen in the future.
His measure would bar spending taxpayer dollars to promote, advocate or plan for things like reducing motor vehicle traffic with biking or public transit, reducing greenhouse gas emissions, limiting increases in global temperatures, reducing consumption or meat or dairy products, or anything "furthering Marxist ideologies including stakeholder capitalism.''
In fact, the original version of the measure even would have barred using public funds to recycle and reuse water for drinking "that has touched human feces.''
But Sen. Anthony Kern, R-Peoria, the sponsor of the measure, conceded that, as worded, that would do more than undermine efforts by cities to reclaim waste water. It even would have barred the use of water from the Colorado River.
So that provision is gone, at least for the time being.
But everything else remains. And Kern said his legislation is designed to stop public dollars from being used on all sorts of ideas he find unacceptable, whether they actually are occurring or not.
Consider, he said, a provision in his bill that says taxpayer dollars cannot be used for any efforts to limit the number of articles of clothing an individual may purchase or own.
"That's kind of out there to most of us,'' Kern told members of the Senate Government Committee.
"But there is a move in our country to bring in Marxism, to bring in anti-God, pro-Marxist ideology, anti-freedom, anti-Constitution,'' he said. "It disallows government entities from using taxpayer money to promote Marxist ideology.''
What gives the bill teeth is that it would allow any Arizona resident, no matter where they live, to sue a public entity -- including a university -- over how it was using public dollars and, if they win, get their legal fees paid by the government.
The provisions worried Sandy Bahr, director of the Grand Canyon Chapter of the Sierra Club.
"They appear to be more of a culture war manifesto against a collection of unrelated issues and items,'' she testified, calling the idea of setting the stage for litigation "irresponsible.''
Leaving aside the provision about recycling water, Bahr said barring communities from trying to reduce vehicle traffic has implications.,
"Cleaning up our air improves and saves lives,'' she said. "Actions to hinder that have real impact on your constituents.''
And she said the measure would prohibit state or local governments from even collecting information on greenhouse gas emissions. Then there are effects of climate change, including bigger and more intense wildfires.
"I don't know why you would want to tie the hands of our government overall in trying to address one of the biggest issues that we face,'' Bahr said.
Sen. Priya Sundareshan, D-Tucson, had a more immediate question.
She said Tucson Mayor Regina Romero is a member of U.S. Climate Mayors, a bipartisan network involving more than 500 cities with the stated goal "to demonstrate leadership on climate change.''
"Are you saying that some disgruntled Tucson resident might be able to sue over that?'' Sundareshan asked. "Maybe not even a city of Tucson resident, maybe a city of Mesa resident?''
Bahr said that's exactly what the measure would allow. And she said that, as worded, SB 1195 also would subject universities to the same risks of litigation for just doing research in any of these areas.
The panel also advanced a backup plan should Gov. Katie Hobbs veto the measure if it reaches her desk.
By the same 5-3 party-line vote they also approved the identically worded SCR 1015. The only difference is that measure would send the proposal to the November ballot, bypassing the need for gubernatorial approval.
Both measures now go to the full Senate.
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