AZ Legislative Update 5-07-2021

With every week that goes by, the 2021 legislative session moves a little slower. This week, the House and Senate convened each day and voted on a total of 38 bills. Some legislators – especially those who live outside the Phoenix area – have started to grumble about driving to the Capitol just to wait for budget news, and several want to recess the session while legislative leaders craft a budget proposal. There is no sign that House and Senate leaders are interested in that idea, though, and the House Appropriations Committee Chair continues to say a budget proposal will be done soon.

Many of the bills approved this week passed with little or no debate or disagreement – including a sidewalk parking ban, reduced property taxes for low-income multifamily rental housing, and criminal penalties for a health professional who fails to report suspected abuse of a vulnerable adult if the situation includes a sexual offense.

Other bills, though, sparked sharp disagreement and lengthy debate.

In the Senate, a years-long discussion about the regulation of vaping products culminated in a controversial proposal that limits minors’ access to vaping in Arizona but overrides local governments’ authority to enact stricter standards on vaping. The bill divided both caucuses and passed with an unusual mix of bipartisan support and opposition. Senators narrowly approved a bill to grant civil liability immunity to manufactures and retailers of ammunition and firearms but failed to pass a bill that would authorize county sheriff’s deputies to practice law.

In the House, Republicans introduced and approved new fines and penalties for teachers who teach controversial issues without presenting both sides, as well as a ban on specific local government training that includes any form of blame or judgment based on race, ethnicity, or sex.

Using an unusual procedural move, two House Republicans joined with their Democratic colleagues to force a vote on a measure that would ask voters to allow DACA recipients to pay in-state college tuition prices. The vote on the proposal is expected to occur early next week.

Priority Bills

The House approved a motion to hold another vote on HB 2123 (pupil suspensions and expulsions; schools), which limits when students up to 4th grade can be expelled or suspended, within the next two weeks.

What’s Next?

There are more than 230 bills still eligible for consideration in the House and Senate this year, but almost half of those contain funding and will not advance until there is a budget agreement. With fewer bills to vote each day, legislative leaders will continue to feel pressure from their colleagues to finish a budget agreement. Legislators’ frustration is likely to increase next week, when Arizona law decreases their per diem payments for food and housing.

Even after a budget is completed, though, it’s not clear whether the session will end. Some Republicans want to continue the session until the Senate’s review of the 2020 election ballots is done, so they can consider legislative changes that result from that report. Legislators have limited control over the call for a special session, so that’s not a guaranteed path to success for lawmakers who want to change election laws later this year.
 

Ballot Count Continues

The Senate Republicans’ review of ballots from the 2020 election continues, and this week brought a settlement to the Arizona Democratic Party’s lawsuit against the recount. Overall, Senate President Karen Fann (R-Prescott) says she is happy with how things are going.

The process is slower than legislators expected, though, and after next week it might need to find a new home away from the State Fairgrounds. In the meantime, the federal government has some big questions and Secretary of State Katie Hobbs (D) has more concerns.
 

Arizona’s New Laws

Governor Ducey signed 30 bills this week – including expanded access to telemedicine, a new process for Arizona’s community colleges to offer four-year degree programs, judicial review of Arizona Corporation Commission decisions, and water quality oversight for surface waters. He also signed a bill that limits law enforcement’s  ability  to  seize  assets  from  suspected criminals before they’re convicted of a crime. He said he’s confident Arizona officers can continue to convict criminals under the new policies.

The Governor vetoed a bill that would have continued the work of the Board of Examiners of Nursing Care Institution Administration and Assisted Living Facility Managers, citing concerns that the Board “is failing in its duty.” The Governor referred to a recent report about big problems at a Prescott nursing home. Instead, Ducey said he wants the Arizona Department of Health Services to oversee long-term care facilities.

So far this year, the Governor has signed a total of 332 bills and vetoed four. Another 34 proposals await his action.

Work Requirements Reinstated for Unemployed Arizonans

For the first time since the beginning of the COVID-19 pandemic, Arizonans receiving unemployment checks will need to prove to the state that they’re trying to find work. This week, Governor Ducey rescinded an executive order that he issued in March 2020 to suspend those requirements, due to the economic upheaval caused by the virus. Now, the Governor said he believes there are plenty of jobs available for those who want to work and the work requirements, which are in state law, should continue.

The change will become effective on May 23.

It’s not clear whether unemployed Arizonans will receive more than $240 a week from the state anytime soon. Two competing bills to increase that rate did not advance at the Capitol this week because of ongoing disagreement about how much those benefits should go up and how long they should continue.

In the Elections

The Arizona Independent Redistricting Commission continues its work that will shape future elections. This week, it hired a company to provide the maps that are crucial to the Commission’s work. Governor Ducey is optimistic about Arizona’s Census count even though it was lower than expected.

 In the Courts

A federal court heard arguments in Arizona’s challenge to the federal government’s limits on states’ ability to take COVID-19 funding and cut taxes. The Arizona Supreme Court said a 2006 state law cannot limit restitution awards for losses resulting from criminal driving offenses. A judge threw out the federal government’s moratorium on evictions, but the ruling might not impact Maricopa County renters yet. The U.S. Supreme Court threw out a lawsuit regarding fraud in Arizona’s 2020 election. The Arizona Supreme Court will consider a case that alleges Senator Wendy Rogers (R-Flagstaff) defamed a former political opponent. A Maricopa County Superior Court judge said state law doesn’t give political parties the right to observe extra county audits of election results. Leaders in the Arizona Republican Party are still in court over their internal election processes.

In the News

There was a decrease in Arizona’s school enrollment, and this Tucson teacher found a creative way to help reconnect students. The Arizona Department of Housing has a new director. The first FEMA-run vaccine clinics opened in Arizona. The Governor wants the U.S. Department of Defense to verify there’s clean groundwater around Luke Air Force Base. The nation is watching Snowflake’s debate about marijuana. Representative Joseph Chaplik (R-Scottsdale) wants the Governor to prohibit schools from requiring students to wear masks. This federal definition could hurt rural Arizona cities. Some older Arizonans aren’t applying for food stamps.

On the Bright Side…

This dog got its own holiday.