AZ Legislative Update 6-18-2021
Arizona’s fight against wildfires took a big step forward this week, as legislators from both parties rallied around a proposal to allocate $99.5 million new dollars for wildfire response and mitigation efforts. The bill, introduced during a special session of the legislature, directs $75 million to the Arizona Department of Forestry and Fire Management’s wildfire suppression and projects intended to prevent post-fire flooding and damage; up to $10 million of that amount is for assistance to private landowners. The remaining $24.5 million will go toward firefighting personnel and operating costs and for contracted removal of plants that could fuel wildfires. Governor Ducey is expected to sign the bill soon, and it will immediately go into effect.
Legislators from around the state hailed the bill as an overdue investment that will help address one of Arizona’s most significant challenges. There were heated debates, though, about the role that climate change plays in wildfire threats and whether the state should do more to address those factors. There was also disagreement about whether the state should provide funding for small businesses that are impacted by wildfires. Despite the disagreement, the wildfire funding passed with near-unanimous bipartisan support.
While the three-day special session unfolded, the regular legislative session was almost completely ignored – legislators did not advance any regular session bills all week. On Thursday, there was renewed hope for a budget agreement, but the optimism was premature. Once again, House and Senate Republicans were unable to get the votes they need.
An adapted budget proposal, which is not yet available to the public, would address the concerns of two key Republicans by connecting tax cuts to specific levels of state revenue and paying off more state debt, as well as allocating more resources to ensure city budgets are not impacted by the changes to the income tax rates. Those changes weren’t enough to get every member of the House and Senate Republican caucuses on board, though, and budget negotiations continue.
What’s Next?
No one can predict what comes next in this unusual legislative session. House and Senate Republican leaders say they’ll continue to negotiate the budget within their own caucuses, trying to walk a tightrope between Republicans who want different things for the state’s financial plan. Governor Ducey is trying to rally support for the tax cuts from outside the legislature. His pledge to veto any bills that reach his desk prevents legislators from passing any non-budget legislation, so there’s very little the legislature can do until there are votes to pass the budget.
Both the House and Senate reconvene on Monday afternoon, with hopes that they can negotiate a budget agreement over the weekend. If there’s no agreement by Tuesday, House Speaker Rusty Bowers (R-Mesa) plans to introduce a “skinny budget” to continue current funding for state government into the next fiscal year. This would prevent a state government shutdown but would delay negotiations on tax cuts and other funding priorities, and therefore extend the legislative session.
Legislature Expands Use of Remote Voting
While many Arizona workers are navigating a return to their offices after months of working from home, a growing number of state lawmakers are doing the opposite.
Prior to the COVID-19 pandemic, neither the House nor the Senate offered any option for voting away from the Capitol – lawmakers had to be in committee or at their desk to vote. Some legislative attorneys believe the Arizona Constitution requires in-person participation. There was an outcry last year when the House first proposed remote voting because of the pandemic, and strong opposition this year, when legislative leaders proposed rule changes to allow lawmakers to vote via Zoom from their offices because of COVID-19 protocols. The fight over the proposed change even delayed Governor Ducey’s State of the State address on the first day of the session.
Those concerns have gradually dissipated, and there was less opposition in March when the Senate changed its rules to allow legislators to vote from home only if they had COVID-19 or received permission from Republican and Democratic leaders. In May, there was little discussion when the Senate voted to ignore that rule and allow anyone to vote remotely without permission.
In the beginning, the discussion about remote voting was really a debate about COVID-19 mitigation efforts and whether they were necessary. Now, convenience has overcome concerns as the session stretches on and lawmakers see remote voting as a way to stay connected to the Capitol without canceling their other plans. A growing number of lawmakers from both political parties are using Zoom to vote from their offices, their homes, or their vacations. One legislator cast her votes from a hospital bed earlier this year. This week, one House member cast his committee vote while driving a car and another texted in his vote from an airplane while he fulfilled his duties as a pilot with the Arizona National Guard. (The texted vote was later disqualified when House Democrats objected.)
Technology has altered many jobs lately, and the legislature is no exception. Legislative staff has adapted longstanding procedures to include Zoom as an official part of the House and Senate operations. It remains to be seen whether this option will continue, though, and how it will impact lawmakers’ ability to work together in the future. It also isn’t clear whether remote participation will impact legislators’ fight for higher per diem payments intended to offset the costs of traveling to and from the Capitol.
Recall Efforts Fall Short
A months-long effort to recall House Speaker Rusty Bowers appears to have failed after its supporters failed to follow the necessary recall procedures. There is an ongoing review, so the decision might not be final. Speaker Bowers expressed relief and surprise, since his opponents have been very active in his Mesa legislative district. The effort is led by the right-wing Patriot Party of Arizona, which believes Bowers should have challenged Governor Ducey’s COVID-19 prevention measures and should support the Senate’s recount of the 2020 Maricopa County ballots.
The Patriot Party of Arizona is also trying to recall Senator Paul Boyer (R-Glendale); it’s not clear whether they have the signatures to do so by this weekend’s deadline. An earlier effort to recall Sen. Boyer failed to collect enough signatures to advance, as did an attempt to recall Governor Ducey.
A politically progressive group’s efforts to recall Representative Mark Finchem also fell short this week. Organizers objected to Rep. Finchem’s presence at the Capitol on January 6 but conceded they did not have the signatures to force a recall election.
Governor Slaps Down ASU COVID-19 Mitigation Policies
Governor Ducey and several legislative Republicans expressed outrage this week over Arizona State University’s plans for COVID-19 mitigation in the new academic year. ASU said the announcement was just a continuation of practices already in place – practices similar to those the Governor had praised last year – and that an expectation of vaccination does not equal a mandate for vaccination. The Governor disagreed, and framed the policy as an unnecessary mandate that is “bad policy, with no basis in public health.” He issued an executive order that bans any public university or community college from mandating a COVID-19 vaccine or limiting attendance for those who do not want to get the vaccine or wear a mask. . (It does not apply to other vaccination requirements.) The order also limits COVID-19 testing mandates only to circumstances where a significant COVID-19 outbreak poses a risk in a shared student housing setting.
The Governor’s action infuriated legislators who represent ASU’s Tempe district: The Democrats said the Governor had “placed political considerations above the safety of the students, staff and faculty.” ASU and the Arizona Board of Regents, which governs all three public state universities, said they would follow the Governor’s executive order.
This discussion isn’t over. Governor Ducey pledged support for Senator T.J. Shope’s (R-Coolidge) efforts to establish his executive order in statute. Other Republicans heralded the executive order but said it’s not enough to focus only on higher education institutions and pledged to continue their push to ban all vaccine mandates in Arizona. Their bill has run into bipartisan opposition in the Senate.
In the Elections
The Senate’s ballot recount is wrapping up, but some of the Maricopa County election data is in Montana.
The Arizona Attorney General warned the U.S. Attorney General to stay out of Arizona’s ballot recount.
Some people in Yavapai County are pretending to be election workers, and some real election officials don’t feel safe in their jobs.
Former Congressman Matt Salmon joined the Republican race for Governor. House Minority Leader Reginal Bolding (D-Laveen) and former Maricopa County Recorder Adrian Fontes jumped into the Democratic race for Secretary of State. Lacy Cooper, a former border security section chief, joined the race against Representative Diego Rodriguez, former Arizona Supreme Court Justice Andrew Gould, and former Congressional candidate Tiffany Shedd to be the next Arizona Attorney General.
In the Courts
The U.S. Supreme Court upheld the Affordable Care Act. A Maricopa County Superior Court judge threw out some challenges to Proposition 208, the education funding mechanism that voters approved last year. He did not rule on whether the initiative violates school spending limits. The Arizona Supreme Court is still considering another challenge to the proposal.
In the News
Juneteenth is a national holiday. This legislator is challenging ADOT fees. Senator Kelly Townsend wants an audit of the votes on Proposition 208. Senate President Karen Fann (R-Prescott) is pushing back against Republicans who oppose increased unemployment benefits. Governor Ducey says Arizona’s housing prices are better than the alternative. There’s money to help renters pay their utility bills. This investigation says the eviction moratorium didn’t stop renters from losing their homes during the COVID-19 pandemic. The Arizona Department of Gaming wants to know what you think about their rules on sports betting.
On the Bright Side…
This lost cat had an unexpected champion.