Jan Brewer - Governor

Today I sent a letter (see below) to House Speaker Nancy Pelosi and Majority Leader Harry Reid. Despite the enormous fiscal impacts to the State, Arizona’s Attorney General has not yet made public his position on the massive federal entitlement expansion. Therefore, I will coordinate with other State Attorneys General on behalf of the State of Arizona to legally challenge the President’s health care bill.


March 17, 2010


The Honorable Nancy Pelosi
Speaker, United States House of Representatives
Washington, DC 20515


The Honorable Harry Reid
Majority Leader, United States Senate
Washington, DC 20510


Dear Speaker Pelosi & Majority Leader Reid:

On December 30, 2009, the Attorneys General from several states wrote you expressing grave concerns about the Senate version of the Patient Protection and Affordable Care Act (H.R. 3590). Although amendments have been made to this bill since then, the primary constitutional defects remain. It is reported that Democratic Congressional leaders intend to move forward with legislation that uses this bill as its starting point. I therefore, on behalf of the State of Arizona, join these Attorneys General and urge you to reject H.R. 3590 and any legislation that contains similar legal deficiencies.

As Governor and the statutory officer authorized to communicate with Congress on behalf of the State of Arizona, I have contacted Arizona’s delegation on more than one occasion expressing my serious policy concerns with H.R. 3590. Last week I wrote President Obama and told him quite clearly that Arizona simply cannot afford the unfunded mandate that will result from this legislation and outlined the disproportionate impact it will have on Arizona citizens.

The devastating impacts of the federal legislation will rob Arizonans of their rights and pocketbooks alike. One of the core principles of our nation’s system of government is the critical balance between the power of the federal government and the protection of individual liberties. The constitutional framers granted Congress only certain enumerated powers and provided that all other powers are reserved to the states or the people pursuant to the Tenth Amendment.

H.R. 3590 represents a sweeping violation of these fundamental principles established by the founding fathers. By requiring all citizens to purchase health insurance or be penalized, this bill would impose on the people an unprecedented mandate by the federal government. As emphasized by the non-partisan Congressional Budget Office:

“The government has never required people to buy any good or service as a condition of lawful residence in the United States.” This mandate violates the founders’ intent to limit the intrusion of the federal government upon the rights of the individual.

The Commerce Clause is erroneously cited as a legitimate basis for Congress to impose the requirement to purchase insurance. As you are aware, the congressional power to regulate commerce is not without limits. The sole basis for claiming constitutional authority under the Commerce Clause is seemingly derived by coercing Americans to engage in commerce through the purchase of insurance and then regulating that coerced transaction. Even the non-partisan and independent Congressional Research Service raised serious concerns about the constitutionality of this proposal, noting that it may very well go beyond the bounds of the Commerce Clause.

I must also strenuously object to the benefit exchanges the proposed legislation would impose upon states. H.R. 3590 requires states to either enact state legislation and regulations to implement these exchanges or be forced to allow the Secretary of Health and Human Services to take over and do it for them. This requirement is not a condition to receive federal funding, but rather an absolute mandate to the states in direct contravention of the Tenth Amendment.

For the foregoing reasons, I will coordinate with the other State Attorneys General on behalf of the State of Arizona to challenge H.R. 3590 or any health care proposal that becomes law with any of the unconstitutional provisions I have outlined in this letter. Thank you on behalf of the citizens of Arizona for your consideration of these matters.



Sincerely,




Janice K. Brewer
Governor


cc: The Honorable Henry McMaster, South Carolina Attorney General

Last month, I ordered the Arizona Department of Corrections to return to the custody of U.S. Immigration and Customs Enforcement (ICE) -- as soon as possible -- all non-violent criminal aliens as is allowed under existing law. These inmates are the responsibility of the federal government (as is securing our border with Mexico). Arizona should not have to bear this cost.

These plans are already seeing savings as the Department of Corrections turned over 51 illegal immigrant inmates over to ICE officials yesterday.  These criminal offenders are now with the Federal Government where they can also begin their deportation proceedings.

The Federal Government is supposed to reimburse local law enforcement for the costs associated with detaining illegal immigrants.  Since they refuse to pay their fair share, we will continue to send these inmates to ICE.  This action will save the state millions of dollars.

I am committed to fighting illegal immigration, and I have a proven track record of success.  Last year, I worked with the legislature to make sure that no public services are being offered to anyone who is in this state illegally. 

Not only did we toughen prohibitions on providing services or benefits to illegal immigrants, we also made it a misdemeanor for a state or local government employee to fail to report immigration law violations detected while administering a public benefit or service.  I am committed to vigorously defending this law against any challenges that it faces.

As Secretary of State, I likewise successfully defended the Prop. 200 identification requirements all the way to the U.S. Supreme Court – demanding that we require all voters to provide proof of identification to register to vote and to cast their ballot at the polls. 

I am committed to fighting illegal immigration and pledge to you that I will continue to do so in a second term in office.

Former East Valley House Speaker Brings Wealth of Experience, Understanding of Fundamental Role of Education in Job Creation

PHOENIX – Governor Jan Brewer today announced the nomination of the former Speaker of the Arizona House of Representatives, Mark W. Killian of Mesa, to serve as a member of the Arizona Board of Regents (ABOR). Mr. Killian will replace Regent Robert Bulla. The announcement follows yesterday’s unanimous approval by the Senate Education Committee of Governor Brewer’s first Regent nominee, former IBM executive and Pima County resident Rick Myers.

“I am very pleased to announce my nomination of Mark Killian to the Arizona Board of Regents,” said Governor Brewer. “Mark is a well-known and highly regarded public leader who understands the critical role that education serves in my priorities of job growth and business recruitment. Mark brings to the Board years of leadership experience in both the private and public sector, including fourteen years in honorable service to the people of the East Valley in the Arizona House of Representatives. Over his many years of community service, Mark has served on numerous state and local organizations, many of which have been education-related. I thank him for his willingness to again serve the citizens of Arizona.”

“As President of the Arizona Board of Regents, I am delighted with Governor Brewer’s naming of Mark Killian to join our Board,” said Arizona Board of Regents President Ernest Calderon. “Regent Designee Killian, through his legislative and governmental leadership, is known for his problem solving and consensus building. As a fellow Eagle Scout, one can count on Mark to do what is right for the people of Arizona. We thank Governor Brewer for providing us with strong support as demonstrated through this appointment.”

Mr. Killian is the founding partner and senior broker of Sunny Mesa Realty, a family owned property management and real estate company. He is a managing partner in family ranching and farming operations in Arizona and New Mexico and serves on the advisory board for Northern Trust Bank Arizona Board of Directors.

In addition to his fourteen years of service in the state legislature, Mr. Killian served for nearly six years as Director of the Arizona Department of Revenue for Governor Fife Symington. His private sector experience includes being a licensed Arizona real estate broker since 1981, which allowed him to be active in the real estate market as an entrepreneur with his ownership in several companies including Sunny Mesa, Inc., Sunny Mesa Realty and Sunny Mesa Landscaping and Sweeping.

Among his many accomplishments, Mr. Killian served as Speaker of the Arizona House ofRepresentatives for four years.

Mr. Killian possesses a long list of community contributions, which include serving as chairman of the Chandler-Gilbert Community College Community Council, member of the ASU East Community Advisory Board, the ASU Deans Council and the ASU Alumni Association. He has received numerous awards throughout his career, recognizing his legislative and community services efforts.

Mr. Killian is a graduate of Arizona State University, where he received his degree in Business Administration and specialization in real estate and urban planning. He is a third generation native Arizonan and lives in Mesa with his wife of 33 years. They have six children and four grandchildren.

Mr. Killian replaces retiring ABOR member Robert Bulla. “I would like to thank Mr. Bulla, who has graciously and honorably served as a member of the Arizona Board of Regents since 2002,” said Governor Brewer. “His dedication and commitment to education in Arizona is highly commendable.”

PHOENIX – Governor Jan Brewer today announced the State of Arizona has been awarded $5 million through the American Recovery and Reinvestment Act (ARRA) of 2009 by the U.S. Department of Labor. The funds come from the State Energy Sector Partnership and Training Grants which are designed to teach workers the skills required in emerging industries, including energy efficiency and renewable energy. The grant will help train more than 1,500 Arizonans.

"I am working to secure more companies in the renewable energy industries to come to Arizona and create jobs - jobs that require specific skills - and winning this competitive grant will help Arizona workers advance their knowledge and meet the needs of green businesses," said Governor Jan Brewer. "Forty partners worked together to bring their expertise and commitment to this project in order to secure long-lasting benefits for our State. The partners involved were integral to the development of this program and I would like to thank them for their willingness to help. The work that was done will further advance our goals to attract new businesses, secure quality jobs, and help put Arizona families back on their feet."

The grant application was developed in conjunction with the Departments of Commerce, Education, Economic Security as well as other state agencies and with involvement from several representatives from the local workforce investment areas, community colleges and state universities, and private industry executives.  The grant will provide for comprehensive training curriculum on green technology to be developed and shared between community colleges and universities, and provide funding for the development of partnerships between private industry and the workforce system.  There are three main regions that will receive funding – Central, Northern and Southern.  Arizona’s award is one of 34 granted across the country with a maximum award amount of $6 million.

Training through this grant will lead to a number of opportunities to advance sustainability and environmental progress in the Green Energy Sector, such as, Solar Installer Photo Voltaic Certificates, Thermal Certificates, and Green Building Design and Construction Certificates.

Yesterday, I issued an Executive Order encouraging the celebration of Christmas and Hanukkah and prohibiting any censorship of these religious holidays.

As you may know, in the past, state and local officials in Arizona (and elsewhere) have attempted to strip both Christmas and Hanukkah of their meaning, including establishment of policies forbidding state employees from placing religious items of celebration at their desks, re-naming of Christmas trees as “holiday” trees, and renaming of Menorahs as “candlesticks.”

Under my administration, I will call things what they are...a Christmas Tree and a Menorah... and will gladly allow both Christmas and Hanukkah to be celebrated at the State Capitol. I encourage my colleagues and fellow elected officials to do the same.

Last week I called the Arizona Legislature into session to address our state’s increasing budget deficit. This special session focused on cutting the size of government.

Monday we cut an additional $300 million from our state budget for a total of over $1.05 billion.

The economic times our state and our country face is one of the reasons for the need to cut state government so drastically. However, it is not the only reason.

Over the last six years the size of state government grew at an unsustainable rate. This growth of government was bankrolled on the idea that revenues collected by the state would always continue to increase.  This economic model has never worked for Arizona and we now must do what is necessary to fix the failed policies of my predecessor.

Make no mistake, with this special session and budget fixes to come, we will put Arizona back on the track of fiscal responsibility. While correcting the course of our state’s fiscal ship, we will also make sure our educational system receives the priority it deserves as well as those services who take care of Arizonans who need it most.

Since I took office, I have cut more than any other governor in the history of our state. 

I have shrunk the size of government, cut more than $1.05 billion in spending and am working diligently to balance our state’s budget.

I would very much welcome your feedback to my efforts to fix Arizona’s budget crisis.