AZ Legislative Update 03-04-2022

Though the House and Senate advanced dozens of bills this week, policy debates were overshadowed by a dramatic – and unprecedented – vote to censure Senator Wendy Rogers (R-Flagstaff) for her recent comments on social media and at a controversial political action conference last weekend. Though an early draft of the censure criticized Rogers’ comments related to race and authoritarian governments, the final version only referenced her threats to her colleagues and those who disagree with her. Senator Rogers said the censure was a violation of her free speech, but only two members of the Senate joined her in opposition to the censure. All Democrats and most Republicans supported it.

The censure was simply a reprimand of Senator Rogers’ remarks. It does not carry any penalty or limit her participation in legislative proceedings. Her reaction to the censure, however, could cause her to lose her spot on policy committees.

The censure is another sign of the divisions within the Republican party, and more evidence that Republican leaders will have difficulty passing a state budget that requires support from every member of their caucus.

Legislators Move More Bills Toward Governor’s Desk

Senate Republicans did show unity on many other controversial issues this week, though, overcoming Democratic opposition to pass bills that broaden gun rights, ban consideration of religion in adoption decisions, expand parental review of school library books, and outline safety requirements for on-demand autonomous vehicle networks.

House Republicans voted to require voters to read a full citizen’s initiative before signing it, limited a Governor’s authority over emergency declarations, required the State Treasurer to divest funds from organizations that support abortions for minors, and agreed to ask voters to increase voter ID requirements.

A few bills failed to pass due to bipartisan opposition – including authority for legislators to ask the Arizona Attorney General to investigate a school district, limits on minors’ access to vaping and tobacco products, and restoration of some peremptory challenges in Arizona juries.

Other proposals inspired bipartisan support. Lawmakers reached across the aisle to advance bills to raise the minimum age for tobacco purchases, allow students to earn course equivalents for extracurricular activities, specify how law enforcement officers must treat juveniles in temporary custody, establish a Community College Adult Education Workforce Development Program, direct $10 million to the Department of Child Safety’s Healthy Families Program, and create an Election Integrity Fund for election security improvements.

The House and Senate waived rules to introduce and unanimously support a bill to clarify how candidates should collect signatures to run in the 2022 election cycle. Governor Ducey signed it as soon as it reached his desk.

What’s Next? Special Session Rumors Grow

There are rumors of not just one but two special legislative sessions at the Capitol, but so far there isn’t enough support to start either of them.

Governor Ducey wants a special session to enact his plan for a new water agency. Drafts of the new legislation are circulating amongst legislators, but the Governor and House Speaker Rusty Bowers (RMesa) are still lining up the votes they’d need to make a special session on the issue successful.

Supporters of the income tax cuts enacted last year hope to have a special session to repeal that law and reenact the tax cut – thereby overriding an effort that could take the issue to the voters in November. While there may be support for the idea within the Republican caucuses, there isn’t agreement on the timing – several Republicans won’t support a special session on tax cuts unless they also get a special session to focus on changes to the state’s election laws.

Special sessions run concurrently with the regular legislative session. If there is a special session, lawmakers will continue their work on other bills while they fast-track special session proposals.

Most policy committees have three more weeks to consider bills in the regular legislative session.

Legislature Focuses on Housing, Homelessness

Legislators from both political parties continue to negotiate details on how best to address Arizona’s growing housing challenges. After a high-profile bipartisan effort to address affordable housing by overriding local building standards quickly ran into opposition from city governments and affordable housing advocates, the bill’s sponsors conceded that “more input is necessary” on the issue. They turned their bill into a new study committee to evaluate Arizona’s housing supply and needs; it passed the House this week.

Lawmakers are advancing several other approaches to address the state’s homelessness and affordable housing shortage:

• Using $100 million in federal COVID-19 aid funds for housing assistance programs.
• Allocating $50 million in federal COVID-19 aid funds for camping sites and outreach to individuals experiencing homelessness.
• Extending a property tax break to more affordable rental housing units.
• Establishing a $1 million housing fund for homeless veterans.
• Dedicating federal housing assistance for building transitional housing for former military personnel.
• Directing at least half of a current housing assistance fund toward emergency and transitional homeless shelter services.

Arizona has already implemented some approaches to affordable housing, but everyone agrees there is much more to be done. It remains to be seen, though, whether universal agreement that the state needs to do something about housing will translate into bipartisan support for specific steps toward that goal.

In the Elections

Independent voters outnumber registered Republicans and Democrats in Maricopa County. Governor Ducey still isn’t running for the U.S. Senate. Citizen initiatives relate to legislative politics.

In the Courts

The Arizona Republican Party wants the Arizona Supreme Court to say that the state’s longstanding vote-by-mail system is unconstitutional. The Arizona Supreme Court said legislative leaders can wait for a Superior Court judge to rule on Proposition 208. A Superior Court judge will decide whether a current and former legislator can sue a former colleague for defamation. Another court told the Cyber Ninjas they have to pay fees for their failure to release public documents.

In the News

Governor Ducey outlined details about his OnTrack Summer Camp for students who need to catch up on learning they missed during the pandemic. A proposal to penalize employers for some COVID-19 vaccine mandates ran into bipartisan opposition. State and local governments distributed federal housing aid. This member of the Arizona Board of Regents wants the state to invest in nurse training programs. The Arizona Auditor General said not all Arizona teachers got a 20% raise by 2020. State and local governments will get funding for opioid treatment and prevention. Several Arizona politicians are national leaders in right-wing conferences and white nationalism movements. Arizona’s state flag has a long history.

On the Bright Side…

Jonathan is still loving life.