AZ Legislative Update 02-11-2022

The legislative session is barreling ahead, and this week committee hearings began early and ended late in the evening. Monday was an important deadline: the last day to introduce new bills this year. Some of the last bills introduced into the system immediately generated headlines – including a bipartisan effort to expand anti-discrimination laws, enhanced scrutiny of police shootings, and a bill to divide Maricopa County into four counties.

Over the first four days of the week, lawmakers considered more than 200 bills in committee and voted to send another 50 proposals to the second chamber of the legislature for consideration.

There were unusual moments of bipartisan opposition to Republican proposals. In the House, legislators failed to pass bills that required smartphone filters to block minors from accessing some content, prohibited big tech companies from requiring app developers to use specific payment systems, changed the way cities post official notices, and asked voters to get rid of cash bail. In the Senate, a committee voted against a proposal that banned gender transition procedures for minors.

Other bills passed on party lines, with enough Republican support to advance despite Democratic opposition. House committees banned COVID-19 vaccination requirements and mask mandates for school attendance, allowed guns on college campuses, required high schools to teach about political ideologies, and partially reversed an Arizona Supreme Court decision that banned jury challenges.

In Senate committees, Republican majorities approved bills to reduce access to early voting, expand the state’s Empowerment Scholarship Account program, direct how the state can consider religion in adoption decisions, and require private employers to provide a religious exemption from any COVID-19 vaccine mandate.

Many bills, though, passed with bipartisan support. House committees voted to increase the monthly stipend for foster homes that care for someone in their family, deposit $1 million in the Water Protection Fund, and ask Maricopa County voters to extend the sales tax for transportation priorities. They banned most cat declawing, allowed more time to raise money for a Frances Willard Munds Arizona Women Suffrage memorial, and agreed to ask Arizona voters to change the process for ballot initiatives.

Senate committees voted to give local governments limited authority over short-term rental properties, study the use of hydrogen in Arizona, study the installation of cable median barriers on roadways, create an adult workforce diploma program, and ask federal officials to rename geographic features in the Grand Canyon.

During floor sessions, legislators were divided on proposals to expand access to the voter registration database and penalize schools that don’t display the U.S. flag, but a bipartisan majority agreed to create a license plate for beekeepers and use $60 million to widen I-10.

House and Senate members gathered to honor former Arizona Attorney General Grant Woods and celebrate African American Legislative Day.

What's Next?

There were 1,672 bills, memorials, and resolutions introduced this year. More than 300 bills are scheduled for hearings next week, but Friday is the last day for proposals to make it through their first committee assignments. Hundreds of bills will reach the end of the line because they didn’t get a committee hearing.

Prop. 208 Fight Continues in the Courts and at the Capitol

For more than a month, many at the Capitol have been awaiting a Superior Court ruling that will determine the fate of the income tax surcharge enacted in Proposition 208. The judge heard arguments on the case early in January, and the ruling has big implications for the voter-approved education funding mechanism. This week, state officials got impatient and asked the judge to hurry up with his verdict. He declined to prioritize this case over others that are waiting for his ruling.

Legislative leaders aren’t happy with that answer, and late this week, they asked the Arizona Supreme Court to take back the case. “Prompt resolution is needed so the legislative and executive branches will know where they stand and can take such action as they determine necessary relative to budgetary matters,” a state attorney wrote.

So why is everyone in such a hurry to get a Superior Court ruling? Because the decision about Prop. 208 is the culmination of a long political fight and a hurdle that’s blocking legislative action on a spending cap that could force schools to cut their budgets.

Democrats supported Prop. 208, and they hope the Superior Court case will allow the education funding mechanism to advance despite an Arizona Supreme Court ruling last year. Legislative Republicans, who opposed Prop. 208, hope the ruling will completely close the door on that income tax surcharge. Because the case centers on a question about how the funding mechanism relates to the state’s constitutional spending cap for school districts, legislative leaders say it is unwise to lift that cap on school spending this year.

With the clock ticking toward a March 1 deadline to raise that spending cap, though, political pressure is rising. House Speaker Rusty Bowers (R-Mesa) said there’s no need to worry, but schools around the state are frustrated by the uncertainty.

In the Elections

There are a lot of proposed election changes at the Capitol this year. Representative Mark Finchem (ROro Valley) thinks the state can overturn the certification of the 2020 election results. House Speaker Rusty Bowers (R-Mesa) disagrees. The Secretary of State and the Attorney General took their disagreement over the state’s online signature gathering system to court. Two longtime lawmakers aren’t running for re-election to their legislative seats.

In the Courts

A federal court ruled against Arizona’s effort to stop federal immigration policies at the border. Another federal judge doesn’t agree with the state that environmental laws should force the federal government to restart building a border wall. A U.S. Court of Appeals will allow family planning clinics to continue abortion referrals while it considers a challenge from Arizona and 11 other states.

In the News

It’s not clear how key legislators feel about Governor Ducey’s proposed tax credit for low-income Arizonans. This group wants the NFL to object to Arizona’s proposed changes to voting laws by taking away the Super Bowl next year. These Arizona Senate Republicans oppose a federal change to prescription drugs. The Arizona Attorney General says the state can engage in war at the border. Spring Training matters to Arizona’s economy. The Arizona Department of Housing wants to help Arizonans access federal housing aid. Legislators from both parties are mourning the loss of former Senator Olivia Cajero Bedford (D-Tucson).

On the Bright Side…

Benny’s skating through life.