AZ Legislative Update 3-05-2021

This week, the Senate changed its rules to allow its members to vote from home if they have COVID-19 – a change that received approval when the Senate Appropriations Chairman caught the virus. The Senate Ethics Committee opted to dismiss a workplace harassment complaint against Senator Wendy Rogers (R-Flagstaff) because Republican members of the panel believe their investigation did not provide enough evidence to pursue punishment. After the Ethics Committee decision, the former employee sued the Senate for wrongful termination. A dispute between legislators moved to the courts when Representative Mark Finchem (R-Oro Valley) and former Representative Anthony Kern (R-Glendale) sued Representative Charlene Fernandez (D-Yuma), claiming that she defamed their character by asking the FBI to investigate their activities at the U.S. Capitol on January 6. These headline-grabbing stories were just a small part of the week, though. Most of the time was focused on policy work as legislators divided their long days between committee hearings and floor debates.

Priority Bills

This week, the Senate:

• Voted 26-4 in favor of SB 1572 (schools; early literacy), which creates new literacy assessment and teacher training programs.
• Voted 16-14 in favor of SB 1783 (small businesses; alternate income tax), which creates an alternate income tax for small businesses that would minimize their individual income tax liability under Proposition 208 and result in reduced revenues for education.

The House Education Committee:

• Unanimously approved SB 1028 (alternative assessment study committee), which creates a study committee to evaluate Arizona’s assessment process for students in special education programs.
• Unanimously approved SB 1097 (pupils; excused absences; mental health), which allows students to take an excused absence for mental or behavioral health reasons. 

In the House 

Bipartisan coalitions in the House voted to create a small business grant program to help Arizona businesses struggling during the COVID-19 pandemic, legalize take-home cocktails, allow local governments to develop new mechanisms to fund tourism marketing, broaden gambling options, expand the Arizona Teachers Academy to include future teachers who will serve students with disabilities, add more data verification to the fraud prevention process for unemployment benefits, study Arizona’s transportation funding, and prohibit the use of marijuana in public places. Other proposals were more divisive and passed the House by very narrow margins – including bills to assert legislative authority over renewable energy policy, allow loaded weapons on school grounds, prohibit governments from taking private money for conducting an election or registering voters, ban online traffic school, and raise the bar for enacting citizens’ initiatives. House Republicans sent Congress a note expressing their opposition to D.C. statehood. An unusual mix of Republicans and Democrats supported a bill to change Arizona’s laws on big tech companies’ app policies. Supporters of the bill say it’s an important step to keep costs low and encourage app development in Arizona; opponents say it’s a flawed attempt to protect one out-of-state company.

In the Senate

Senators gave bipartisan support to some limits on short-term rentals, increase the disease screenings given to newborns, facilitate cooperation on communicable disease tracking, and establish an annual Fred Korematsu Day of Civil Liberties and the Constitution. The Senate proclaimed March 3, 2021 as World Hearing Day and invited students from the Arizona Schools for the Deaf and Blind to virtually lead the Pledge of Allegiance in sign language. The Senate narrowly approved other proposals on sharply divided party lines – including a new small business income tax option, limits on school sex education programs, lower penalties for speedy drivers, more restrictions on abortions, tighter control on public health officials’ ability to issue mandates to prevent the spread of disease, and increased judicial review over Arizona Corporation Commission decisions. Republican senators voted to designate gun stores as essential businesses during a state of emergency and require voters to re-register for the early voting list if they fail to vote in two election cycles.

Policy Committees Continue Steady Progress

This week, House and Senate policy committees started their consideration of bills that are in the second half of the legislative process. House committees approved almost 70 proposals this week – including bills to fund another year of CTED programs for students, authorize AHCCCS to spend federal funding for its programs, create a maternal mental health study committee, and establish new mental health policies and instruction for students. Thirty bills received committee approval in the Senate this week – including expanded graduate medical education programs in community health centers and rural health clinics, and fewer requirements for rural providers that work in Indian Health Services or tribal health facilities to participate in the Primary Care Provider Loan Repayment Program.

What’s Next?

The House and Senate used this week’s floor sessions to debate and vote on bills that are still in the first half of the legislative process. More than 120 proposals still await a final vote in the first legislative chamber, and time is running out as policy committees shift their focus to bills that already received approval from the chamber where they were introduced. Almost 700 bills are still eligible for consideration in policy committees. With just three more weeks to hold hearings, committee agendas will grow longer and legislators will feel more pressure to find agreement on final amendments to their priority bills.

Governor Orders Schools to Offer In-Person Education 

On Wednesday, Governor Ducey issued a new executive order that requires Arizona schools to reopen by March 15 or after their scheduled spring break. The order outlines adjustments for schools that are in high or substantial transmission metrics. Virtual learning options will continue for parents that are not comfortable sending their students back to in person learning, the Governor tweeted, but schools must be open for those who want their students to return to the classroom. Some Republican legislators applauded the Governor’s decision but called on him to lift restrictions on business operations, as well. Some Democratic legislators criticized the Governor’s decision to force classrooms to open and to override plans that local school governing bodies have put in place.

Legislature Debates Pandemic Powers

As Arizona’s COVID-19 vaccination numbers climb and case numbers drop, state legislators are still focused on what happens in case of the next pandemic or other long-term state emergency. The House and Senate introduced 23 proposed changes to the duration and handling of emergencies – most of them designed to limit a Governor’s ability to act unilaterally during a public health emergency. Just two of the proposals would end the current COVID-19 state of emergency that Governor Ducey declared on March 11, 2020, and neither is expected to pass. Though many legislative Republicans want to immediately stop the limits on businesses that are in place now, there’s bipartisan opposition to overriding the Governor’s handling of this pandemic and concern about what that would mean for federal COVID-19 aid funding. Even if the legislature did end the COVID-19 emergency declaration, the Arizona Attorney General warned that the Governor could immediately issue another one – or local governments could issue their own emergencies and public health rules.

Legislators haven’t given up on their efforts to change the rules for future emergencies, though, and they’re advancing five proposals that would ask the voters to enact new laws that would call the legislature into session when a Governor declares an emergency or shortly thereafter. Other bills would end state emergencies after three months unless the legislature extends it (without asking voters to approve the change, limit the Governor’s authority to require preventative public health actions, and require the Governor to consult with the State Emergency Council. Legislators are addressing other factors associated with life during a long-term emergency, as well.

A Senate bill would waive civil liability for businesses, health care workers, and health care facilities during the COVID-19 pandemic, and a House bill would require courts to consider probable cause for every claim from someone who sues an entity because they caught an illness during a public health pandemic. The House and Senate are advancing bills to allow businesses in Arizona to ignore government mask mandates and prevent business and occupational licenses from expiring during a state of emergency. This week, the House failed to pass a bill that would prevent governments from revoking a business license because a business refused to comply with a state of emergency order but could revive the proposal for another vote.

Arizona’s not the only state having this conversation. The COVID-19 pandemic has lasted much longer than most emergency declarations, and policymakers in both parties are using their feelings about this experience to reshape the balance of power if another situation like this occurs.

In the Courts 

Legislative Democrats want the Maricopa County Board of Supervisors to appeal a judge’s decision that the county must turn over ballots to the Senate Republicans. The Board chose not to appeal and sent a “you’ve got mail” notice to the Senate, but Senate Republicans aren’t sure where to keep the ballots they got through a subpoena. The U.S. Supreme Court heard arguments in two cases about Arizona’s voting laws. Several prominent health care organizations asked the Arizona Supreme Court to uphold Governor Ducey’s authority to impose limits on bar operations as part of his public health protections. The Arizona Supreme Court is trying to combat disinformation. 

In the News

Rural Arizona voters still believe education is the top issue facing Arizona. Governor Ducey got his COVID19 vaccine. The Arizona Auditor General said teacher salaries might not reach the 20% promised increase because the funding is going elsewhere. The state directed more federal funds to help Arizonans facing homelessness and counties fighting COVID-19. These bipartisan legislators support an increase in unemployment benefits. This bipartisan group of legislators wants to know whether prison technology is delaying inmate releases. New policy reports studied the impact of the Family First Prevention Services Act and the costs of adverse childhood experiences in Arizona. The pandemic has made it harder to use the legislature’s Request to Speak system. Governor Ducey shared his thoughts about several important topics facing Arizona.

On the Bright Side…

This new Arizona hotel will house people and their pets when they need shelter, and this man is helping the Navajo Nation stay warm.