AZ Legislative Update 2-26-2021

This week held some surprises at the Capitol – especially in the House, which had two members injured in car accidents. Representative Frank Pratt (R-Casa Grande), who was hit by a car in a Post Office parking lot, left for the hospital after voting all day on Wednesday; Representative Judy Burges (R-Skull Valley) voted remotely from a hospital bed where she is recovering from her car accident. For the most part, though, legislators set aside the political and interpersonal drama that has shaped the 2021 session and dedicated long hours to floor sessions and voting. Most committee hearings were canceled to allow more time for legislators to consider bills that are waiting to move to the second chamber for committee hearings. The House and Senate debated and voted on almost 300 proposals this week, approving most of them.

Many of the bills earned bipartisan support – including provide civil liability protection for health care providers and facilities during a pandemic, legalized use of fentanyl strips, four-year degree programs at community colleges, increased access to birth control at the pharmacist, extended time for students to enroll in career technical education districts (CTEDs), clergy access to hospitalized patients, and new standards for labeling and advertising marijuana products.

Other proposals were more divisive – like bills to reduce the Corporation Commission’s authority over renewable energy, allow guns in public buildings and school carpool lines, add more seats to urban counties’ board of supervisors, outlaw abortions performed because of genetic abnormalities, and waive rabies vaccine requirements for pets.

Legislators advanced funding to boost unemployment payments, provide fresh produce incentives, increase preschool development grants and resources for home and community-based services, enhance housing assistance, and research the medical use of marijuana.

They failed to pass tax breaks for ranchers’ watering equipment, limits on the Department of Transportation’s employees’ ability to enforce motor vehicle laws, and authority for local governments to create tourism marketing authorities.

The House Appropriations Committees approved bills to change the way big technology companies sell apps, study whether northern Arizona should get a new county, and create a Clean Energy Technology Improvement Grant Program. 

The Senate Appropriations Committee voted to enhance regulations on sales of tobacco and vaping products. Public health advocates and the tobacco industry will continue their negotiations on the proposal; the bill’s sponsor pledged to keep the measure from progressing unless stakeholders can agree about whether the bill should allow local governments to enact stricter standards on marketing and sales of tobacco and vaping products. The Senate Appropriations Committee canceled votes on a measure that would have increased the legislature’s role in selecting U.S. presidential electors, a bill to limit Arizona governments’ ability to ban conversion therapy, and a proposal to expand gambling options in Arizona. (The gambling bill is one of Governor Ducey’s policy goals this year, and supporters say they’ll find another way to move the discussion forward.)

What’s Next? 

Monday will be the 50th day of the legislative session – the halfway mark, according to House and Senate rules, and there are almost 800 bills, memorials, and resolutions still eligible for consideration. Though it’s unlikely the legislature will wrap up its work in 100 days, there are just four more weeks of committee hearings scheduled. That timeline means legislators have a renewed focus on getting their priority bills to the Governor’s desk as quickly as possible. Many of the big policy goals for the year – including tax cuts and new education programs – still await serious consideration. There’s no evident progress toward a legislative budget proposal, and Senate leaders say they’re waiting for the House to identify its spending priorities.

In some ways, the session has settled into a productive rhythm. Legislators and advocates have grown slightly more comfortable with online committee hearings and COVID-19 protocols, and bills are moving through the legislative process. There’s an underlying tension, however, that threatens to interrupt progress. This week demonstrated the fragility of Republicans’ majority in the House and the Senate; one legislator’s health problems or schedule conflicts can disrupt legislative plans and sideline any controversial proposals. There’s great potential for bipartisan cooperation, of course, but also an ever present concern that interpersonal or policy divisions could block the path to a smooth conclusion of the legislative session.

Priority Bills 

This week, the House:

• Voted 31-29 in favor of HB 2063 (schools; student promotions), which requires teachers to retain students in K-4th grade if they do not meet promotion criteria with some exceptions for students with disabilities or those in special education programs.
• Voted 59-1 in favor of HB 2863 (ASDB; local education agencies), which designates the ASDB as local education agencies in order to restore ASDB’s ability to receive IDEA, Title and Medicaid funding.

The Senate gave preliminary approval to:

• SB 1403 (literacy; dyslexia screening), which delays implementation of dyslexia screening and teacher training requirements.
• SB 1572 (schools; early literacy), which creates new literacy assessment and teacher training programs.
• SB 1717 (teachers academy; revisions), which expands the Arizona Teachers Academy to more students – including those who commit to teaching in schools that serve primarily public school students with disabilities.

Budget Update: Surplus Keeps Growing 

Legislative economists released the first information from 2021 state revenues, and it brings good news. In January, the state took in $1.29 billion – 9.4% more than it did at the start of 2020.

Arizona shoppers get much of the credit for the good news since sales taxes helped boost the surplus: They rose 9.2% last month, boosted by holiday shopping and new building projects. Those categories brought in $588.5 million last month and helped offset sharp losses from restaurants and bars, whose sales were down another 13.8% last month.
Individual income tax payments grew by more than 36%, as well, signaling that some Arizonans expect to earn more this year. Corporate income taxes reached the highest monthly level they’ve seen in more than 20 years and grew 12.9% over what they were last January.

Arizonans spent $173.8 million on Lottery tickets last month – 75% more than they did last January. The increased sales were likely inspired by two big jackpots in Lottery games.

In the Courts 

A Superior Court judge said Maricopa County must give information from the 2020 election to Senate Republicans. A federal judge fined Arizona’s prison system for its health care problems. The U.S. Supreme Court rejected a challenge to Arizona’s Presidential election results. The Arizona Supreme Court made it easier to find information on court funding and statistics.

In the News 

Governor Ducey shared his thoughts about Arizona’s COVID-19 vaccine rollout. The state and the nation mourned lives lost to COVID-19. Gun rights advocates rallied at the Capitol. Technical difficulties in Arizona’s prisons have big impacts on some inmates. Technical difficulties in the Department of Child Safety have big impacts on some foster families. The debate over reopening schools is shaping the discussion about school choice policies. The House Ethics Committee said “no thanks” to Representative Mark Finchem’s (R-Tucson) ethics complaint against his Democratic colleagues that was a response to their ethics complaints against him. This Arizona Congressman thinks pregnant inmates need better care. This legislator thinks the state needs civil asset forfeiture reform. This legislator does not want Arizona schools to use The 1619 Project in their instruction. This legislator wants more COVID-19 vaccines for Arizona. The government is focused on cybersecurity. Fentanyl is still killing Arizonans. AHCCCS members can get a free ride to COVID-19 vaccine sites. 

On the Bright Side… 

Books bring people together. So does baking.