At issues is a 2016 move by Gov. Doug Ducey to tap into the trust fund until 2025 to supplement tax dollars for public education in Arizona.
Howard Fischer PHOENIX — The next governor of Arizona won't have to first get congressional approval before raiding a special school trust fund account, the state Court of Appeals has ruled.
What the appellate court would not do is issue a ruling sought by Pierce that the next governor could not make future raids on the fund, after the Prop. 123 money runs out in 2025, without doing it right: getting that congressional approval first. That issue, the judges said, will have to be litigated if and when the next governor attempts such a maneuver.
Ducey's proposal, approved by voters at a special election in 2016 by a 51-49% margin, boosted that to 6.9% in a move the governor said would funnel an extra $3.5 billion into schools over a 10-year period. Maricopa County Superior Court Judge John Hannah said the original challenged conduct -- Ducey proceeding with the fund transfers without congressional approval — did cease when federal lawmakers acted. But he said a claim becomes moot"only if the relevant events make it absolutely clear the allegedly wrongful behavior could not reasonably be expected to recur.
Andrew Jacob, representing Pierce, said the ruling is disappointing because it leaves unresolved the ultimate question of whether a future governor has the power to tap the trust fund.
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