CEBV Weekly: March 6, 2023
Unofficial rule changes, undemocratic experiences, and shorter agendas that are somehow still just as gross
This week, rising tensions between lawmakers finally came to a head for all to see on the House floor. Republicans told Democrats they would have to present signatures from at least 16 Republican House representatives, a “majority of the majority,” in order to see their bills get a full vote. In protest, Democrats decided to vote no on every single bill until Republicans changed this rule.
Republican legislative leaders are quick to defend themselves as having created the “exact same rule for everyone,” but it affects the two caucuses very differently. In theory, Republican bills could pass with only support from their 31-member caucus, whereas Democratic bills could have more than a supermajority (44 votes) and still wouldn’t be considered for a vote. And the change does seem purposefully petty: multiple Democrats said Republicans who had previously supported their bills were suddenly refusing to sign.
As the protest wore on over multiple days, unsurprisingly, some bills failed their floor votes. Republican legislative leaders seemed caught unawares, scrambling to revamp their floor calendars and adjourning early on at least one of those days. This highlighted what everyone except them already understood: With Republicans deeply divided between traditionalist and MAGA factions, it’s not just the approval of the 9th Floor they need in order to pass a bill. In many cases, they need support from their Democratic colleagues, too.
This is perhaps best explained by former Rep. Joel John, who told media the “unwritten rule” was not equally applied when he was in the House and that it could be “just a way for the more extreme members of the caucus to exert some influence.” He went on to opine that the rule was “kind of silly”: “If (Republicans) want to get bills passed, you have to remember you have a Democrat occupying the ninth floor.”
Speaking of which, Republican legislative leaders and Gov. Hobbs have finally agreed to meet to begin budget talks in earnest. This focus on the realities of governing is a good sign. The two factions are going to have to work together eventually, and there’s no time like the present to get started.
⏰ If you have 15 minutes: Use RTS on the Spotlight Bills, below.
⏰⏰ If you have 30 minutes: Use RTS on all bills in committee.
⏰⏰⏰ If you have 45 minutes: Contact your senator and representatives on the bills being heard this week that mean the most to you.
⏰⏰⏰⏰ If you have 60 minutes: Join us on Zoom at 4pm on Sunday for our next CEBV Happy Hour. Our featured speaker is Sen. Priya Sundareshan.
Spotlight Issue 1: New Bills to RTS On
Now that the Legislature has passed its first bill deadline, we’re taking a closer look at everything on agendas. We haven’t covered these bills before, but we believe they warrant a closer look now. Full summaries are available in the Bills section below. If you RTS on nothing else this week, please make these bills a priority.
HB2305, McGarr (R-17), would force elections officials to allow political party representatives to observe ballot signature verification. OPPOSE.
SB1182, Bennett (R-1), would allocate state tax dollars to private, religious and for-profit universities, taking from Arizona’s three public state universities. OPPOSE.
SB1095, Carroll (R-28), would require early ballot envelopes to include a written warning about delayed results, which elections officials call confusing. OPPOSE.
SB1109, Rogers (R-7), would legalize gun silencers. OPPOSE.
SB1142, Hoffman (R-15), would require public lists of state voter registration events, with the intent to open elections officials to legal complaints. OPPOSE.
SB1201, Kavanagh (R-3), would ban electronic polling place signatures from use in ballot verification on the grounds that they are “inherently fraudulent.” OPPOSE.
SB1435, Wadsack (R-17), would move attorney licensing in Arizona from the State Bar to the Arizona Supreme Court, against both organizations’ wishes. OPPOSE.
The stakes are higher from now on: all of these bills have been through committees and a full floor vote in their chamber of origin. From here, the path is much shorter: passage requires only another floor vote, then bills head to the governor’s desk for her signature or veto.
Monday
SB1024, sponsored by John Kavanagh (R-3), would ban tents, tarps, boxes or “any full or partial enclosure for habitation” on streets, sidewalks or other public rights of way. In 2019, the Supreme Court refused to hear a case challenging homeless people’s right to sleep on the sidewalk if no other shelter is available. Part of a package of bills from Republican state lawmakers that target people experiencing homelessness. Scheduled for House Military Affairs & Public Safety Committee, Monday. OPPOSE.
SB1234, sponsored by Wendy Rogers (R-7), would ban the use of photo radar. Numerous studies have found both speed and red-light cameras offer many safety benefits. Conspicuous, fixed cameras reduce traffic crashes and injuries by up to 35 percent. Nobody likes a ticket, but Arizona has had speed cameras since 1987 for good reason. Repealing photo radar will lead to more dangerous roads and more collisions. Scheduled for House Military Affairs & Public Safety Committee, Monday. OPPOSE.
SB1254, sponsored by Janae Shamp (R-29), would remove the requirement that prescribed opioids must have a red cap. This requirement was first proposed by those recovering from opioid addiction as a tool to help curb the opioid crisis. The color of the cap is meant as a clear warning, like a red flag, that helps patients make more informed decisions about the medication they choose to take. Arizona passed the law as part of Gov. Ducey’s 2018 opioid special session. Scheduled for House Health & Human Services Committee, Monday. OPPOSE.
SB1600, sponsored by Janae Shamp (R-29), would broaden a controversial anti-abortion bill from 2017 that requires clinics, hospitals and physicians to “care for a baby delivered alive.” Physicians and parents opposed the 2017 bill for forcing unnecessary procedures on babies with no chance of survival instead of allowing these babies to die in the arms of their parents. The bill removes compromise language inserted to help the bill pass and inserts language related to the concept of fetal personhood. Any violation would be a felony and result in the loss of the medical professional’s license. Scheduled for House Health & Human Services Committee, Monday. OPPOSE.
HB2305, sponsored by Cory McGarr (R-17), would force elections officials to allow representatives of the two largest political parties to observe signature verification for ballots. The bill presents a number of problems. Space for partisan observers is an issue outside of Maricopa County (many rural elections areas are quite small), and including partisan observers would give them access to view voters’ personal information. Violations would be a class 5 felony, and county attorneys would be forced to prosecute, which the House’s own nonpartisan rules attorneys said is unconstitutional. Scheduled for Senate Elections Committee, Monday. OPPOSE.
HB2308, sponsored by Rachel Jones (R-17), would ban the Secretary of State from overseeing an election in which s/he is a candidate, instead being required to announce a replacement for those duties. This bill is driven by the false conspiracy theory that Katie Hobbs somehow faked her 2022 gubernatorial win through her electoral powers as Secretary of State. That’s just nonsense. In Arizona, as in the majority of states, an elected official is responsible for certifying statewide results, and elected officials routinely certify their own wins and losses. It's also common for elected officials to continue their duties while seeking higher offices. Scheduled for Senate Elections Committee, Monday. OPPOSE.
HB2415, sponsored by Leo Biasiucci (R-30), would further restrict early voting by stripping voters from the early voting list if they fail to vote their early ballots in all elections within a single election cycle. The current law requires voters to participate in two back-to-back primary and general elections before being dropped. Passed the full house 2/21. Scheduled for Senate Elections Committee, Monday. OPPOSE.
HB2472, sponsored by Steve Montenegro (R-29), would ban the state from requiring banks to use a “social credit score” when evaluating loan worthiness. Driven by a panic that society will hold extremists accountable for their actions, the goal is to stop "discrimination" based on political affiliation or social or environmental values. This is absurd: unlike race, religion or gender, political opinion isn’t covered by fair lending laws. Similar to a failed bill from last year. One recent study says such efforts could cost Arizona millions. Scheduled for Senate Finance Committee, Monday. OPPOSE.
HB2477, sponsored by Steve Montenegro (R-29), affirms the importance of the electoral college system for presidential elections. That system is an artifact that has long outlived its usefulness. It was designed to empower southern slave-owning whites, continues to adversely impact black voters by diluting their political power, and has handed victory to the loser of the popular vote twice in the past two decades, a schism that seriously undermines the legitimacy of our elections. Only 35% of Americans support keeping it. Scheduled for Senate Elections Committee, Monday. OPPOSE.
Tuesday
SB1013, sponsored by John Kavanagh (R-3), would do away with “free speech zones” on college campuses, instead allowing anyone who is “lawfully present” on a university campus to protest anywhere on campus the law permits them to be. This could give rise to protests in classrooms and other protected areas, creating serious safety issues. Influenced by the Goldwater Institute, a wealthy right-wing lobbying firm. Scheduled for House Education Committee, Tuesday. OPPOSE.
SB1182, sponsored by Ken Bennett (R-1), would allow private, religious and for-profit universities in Arizona to give taxpayer-funded financial assistance to students. These universities would get a share of $20 million in tax funding, decreasing the funds available to Arizona’s three public state universities. Public universities do a more efficient job of providing education with fewer dollars; private universities are costlier and do not have in-state benefits for students. This bill is not only privatizing our university system, but offers poor value for taxpayer dollars. Being pushed by Grand Canyon University. Scheduled for House Education Committee, Tuesday. OPPOSE.
SB1564, sponsored by Steve Kaiser (R-2), would mandate that students at small private schools or who use ESA vouchers must be allowed into interscholastic activities at public schools. Athletics should be something parents consider when choosing a school for their student. When parents opt out of local schools, they opt out of their extracurriculars too. ESA vouchers siphon dollars away from local public schools; it is unreasonable to require those schools to also squeeze non-attendees into extracurriculars who made a different choice. Scheduled for House Education Committee, Tuesday. OPPOSE.
SB1599, sponsored by JD Mesnard (R-13), would impose penalties of up to $5,000 per day for school districts that don't post teacher salary information as already required by law. Along with being egregiously excessive compared to the nature of the offense, this mandate does not include a requirement to post a comparison to teacher salaries in other states, nor does it apply to taxpayer-funded, private voucher schools. Scheduled for House Education Committee, Tuesday. OPPOSE.
HB2003, sponsored by David Livingston (R-28), would slash corporate income taxes nearly in half by 2025, from their current 4.9% to 2.5%. Last year, Republican lawmakers slashed personal income taxes to 2.5% beginning this year, leaving experts concerned that Arizona won’t have enough revenue to sustain critical services once pandemic relief money runs out and the inevitable next recession arrives. Arizona’s tax giveaways already far outpace the entire state budget, and our unbalanced tax structure relies heavily on volatile sales taxes; Arizona is already one of just 11 states with a corporate income tax rate below 5%. Part of an overall package of tax cuts which would impact the state General Fund by billions of dollars. Scheduled for Senate Appropriations Committee, Tuesday. OPPOSE.
HB2474, sponsored by Steve Montenegro (R-29), would ban immunizations that have received FDA emergency use authorization from being required for school attendance. There are no scientific grounds to justify this bill; in fact, a recent scientific review praises the emergency use authorization process. Scheduled for Senate Health & Human Services Committee, Tuesday. OPPOSE.
Wednesday
SB1011, sponsored by John Kavanagh (R-3), would make municipal elections, like mayors and city councils, partisan beginning in 2024. Local government officials are not fixing Republican or Democratic potholes. They should spend their time on local issues, not partisanship. Scheduled for House Municipal Oversight & Elections Committee, Wednesday. OPPOSE.
SB1095, sponsored by Frank Carroll (R-28), would require early ballot envelopes to include a written warning that ballots returned via drop box or mailed after the Friday before the election could cause delayed election results. County elections officials oppose the change on the grounds it would cause confusion: for years, voters have been advised to mail their ballots back by the Wednesday before the election. Ballots mailed from rural areas on Friday might not make it to the county recorder’s office by the deadline of 7 PM on Election Day. Scheduled for House Municipal Oversight & Elections Committee, Wednesday. OPPOSE.
SB1096, sponsored by Frank Carroll (R-28), would ban government and banks from contracting with any company that "discriminates" against weapons manufacturers. The bill seeks to stop the recent trend of banks exercising their right to do business with whom they choose by ending loans to gun companies. Ironically, the bill follows an Arizona Supreme Court ruling proclaiming a constitutional right to refuse to provide custom wedding invitations for same-sex couples. A previous year’s attempt at this bill was backed by the NRA. Passed the full Senate 2/21. Scheduled for House Judiciary Committee, Wednesday. OPPOSE.
SB1109, sponsored by Wendy Rogers (R-7), would legalize gun silencers. These are inherently dangerous devices that could confuse the police or the public during a shooting and allow an active shooter to conceal their location. Silencers have been used in serious and deadly crimes over the years, including a mass shooting in 2019 where the gunman used a silencer that one survivor said made his weapon sound like “a nail gun.” The silencer industry has been visiting statehouses around the country and giving demonstrations to state lawmakers to market its products. Passed the full Senate, 2/21. Scheduled for House Judiciary Committee, Wednesday. OPPOSE.
SB1141, sponsored by Jake Hoffman (R-15), would require anyone who turns in an early ballot at the polls to show ID, and if they turn in more than one ballot, to sign an affidavit. Violators would be subject to a class 5 felony. The claim that people dropping off multiple ballots is somehow proof of election fraud is patently false. The only case ever prosecuted in Arizona is a 66-year-old grandmother who collected four ballots in 2020. Scheduled for House Municipal Oversight & Elections Committee, Wednesday. OPPOSE.
SB1142, sponsored by Jake Hoffman (R-15), would require publicly posted lists of each event the Secretary of State or a county recorder attends and provides voter registration services. Hoffman said in committee that his intent is to open elections officials to complaints under a 2016 law that allows any state lawmaker to order the Attorney General to investigate whether counties are violating state law. GOP lawmakers have traditionally used these 1487 complaints to block policies they disagree with. Scheduled for House Municipal Oversight & Elections Committee, Wednesday. OPPOSE.
SB1144, sponsored by Jake Hoffman (R-15), would ban “electronic vote adjudication,” or the process of resolving ballots that may include things like write-in votes, overvotes or marks in the margins. Currently the process is used sparingly, and there’s no good reason to say elections officials can’t use it. Scheduled for Senate floor 2/22, held, passed on party lines 2/28. Scheduled for House Municipal Oversight & Elections Committee, Wednesday. OPPOSE.
SB1201, sponsored by John Kavanagh (R-3), would ban signatures on polling place or voting center electronic pollbooks from being used for signature comparisons to verify early ballots. The sponsor explained in committee that he views these signatures as “inherently fraudulent” because they are electronic, even though they come from an official source. Scheduled for House Municipal Oversight & Elections Committee, Wednesday. OPPOSE.
SB1213, sponsored by Anthony Kern (R-27), mandates that the Joint Legislative Audit Committee (JLAC), in addition to the Attorney General and governor, sign off on the Secretary of State’s official elections procedure manual. The manual became politicized when former Attorney General Brnovich, a Republican, unsuccessfully sued former Secretary of State Hobbs, a Democrat, to try to get her to publish a manual more to his liking. Now that both the AG and SoS are Democrats, it’s unlikely anyone will sue. Like the other legislative committees, JLAC membership is stacked, with 7 Republicans and 4 Democrats — making this bill just another transparent attempt to politicize the process. Scheduled for House Municipal Oversight & Elections Committee, Wednesday. OPPOSE.
SB1236, sponsored by Wendy Rogers (R-7), would ban cities and counties from charging taxes or fees on blockchain technology, a form of crypto. Passed the Senate 2/21. Scheduled for House Ways & Means Committee, Wednesday. OPPOSE.
SB1276, sponsored by JD Mesnard (R-13), would accelerate tax cuts on class 1 property, which includes golf courses, shopping centers and utilities. Arizona already gives away far more in tax loopholes and carve-outs than it spends in its state budget every year, while most corporations in Arizona pay only the minimum tax of $50. State revenues are already forecast to crater over the next two years; this is no time to further cut taxes. Scheduled for House Ways & Means Committee, Wednesday. OPPOSE.
SB1312, sponsored by Jake Hoffman (R-15), would ban government from setting goals to reduce vehicle miles of travel. Reducing vehicle miles burns fewer fossil fuels and extends road life, which is good for the state. Scheduled for House Transportation & Infrastructure Committee, Wednesday. OPPOSE.
SB1313, sponsored by Jake Hoffman (R-15), would ban cities from making any plans that would “reduce overall system capacity of motor vehicle traffic.” From crashes to climate, from health to finances, our car-centric society is literally killing us. Cities actively working to change this should be commended, not quashed. This bill is based on an absurd conspiracy theory that believes the world government wants to limit people’s freedom of movement and advance a totalitarian agenda. (Yes, really.) Passed Senate 2/22. Scheduled for House Transportation & Infrastructure Committee, Wednesday. OPPOSE.
SB1331, sponsored by Janae Shamp (R-29), would ban school governing boards from restricting or prohibiting the parent of a student from carrying or transporting a firearm on school property if the parent possesses a valid concealed weapons permit. Getting a concealed-weapons permit in Arizona is ridiculously easy. Meanwhile, angry parents are disrupting school board meetings and threatening school staff. Do we really want to arm them? A federal law, the Gun Free School Zones Act of 1990, protects nearly every school as a gun-free zone. Part of a package of bills trying to force guns into schools. Passed the full Senate 2/21. Scheduled for House Judiciary Committee, Wednesday. OPPOSE.
SB1435, sponsored by Justine Wadsack (R-17), would move attorney licensing in Arizona from the State Bar to the Arizona Supreme Court, which would not be able to require an attorney to be a member of any organization to become or remain licensed. The State Bar of Arizona is a special administrative arm of the Arizona Supreme Court which has existed since 1933 specifically to license attorneys. Both the State Bar and the AZ Judicial Council oppose, which means neither wants a change. The legislature’s nonpartisan rules attorneys told them the bill is unconstitutional. Scheduled for House Judiciary Committee, Wednesday. OPPOSE.
SB1577, sponsored by JD Mesnard (R-13), would mandate automatic income tax cuts of 50% if Arizona has a budget surplus. Because Arizona requires a two-thirds supermajority vote for lawmakers to raise taxes, these cuts would effectively be permanent, creating huge issues when Arizona experiences its next recession and needs those revenues. Even now, Arizona gives away more money every year in tax cuts, credits and carve-outs than it spends in its budget. A budget surplus isn’t evidence that we’re collecting too much revenue; it’s evidence of lawmakers’ persistent unwillingness to invest in our state and its people. Part of an overall package of tax cuts which would impact the state General Fund by billions of dollars. Scheduled for House Ways & Means Committee, Wednesday. OPPOSE.
SCR1015, sponsored by JD Mesnard (R-13), would ask voters to restrict Arizona’s initiative and referendum process by requiring that ballot measures collect signatures from a percentage of voters in each of Arizona’s 30 legislative districts: 10% for initiatives and 15% for a constitutional amendment. This would effectively give any single district veto power over the rest, allowing the most extreme area in the state to veto measures that have broad support. Motivated by majority lawmakers’ increasing frustration with voters going around them to pass initiatives lawmakers don’t like. Nearly identical measures have been proposed for four consecutive years; similar measures are being advanced in other states, including Missouri. Scheduled for House Ways & Means Committee, Wednesday. OPPOSE.
SCR1035, sponsored by JD Mesnard (R-13), would ask voters to approve automatic income tax cuts of 50% following any year in which Arizona has a budget surplus. Because Arizona requires a two-thirds supermajority vote for lawmakers to raise taxes, these cuts would effectively be permanent, creating huge issues when Arizona experiences its next recession and needs those revenues. The fiscal note projects a FY2027 General Fund loss of $253.5 million. Arizona is underfunded in nearly every area and struggles to provide its citizens with the most basic of services, while still giving away more money every year in tax cuts, credits and carve-outs than it spends in its budget. The budget surplus isn’t evidence that we’re collecting too much revenue; it’s evidence of lawmakers’ systemic unwillingness to invest in our state and its people. Part of an overall package of tax cuts which would impact the state General Fund by billions of dollars. Scheduled for House Ways & Means Committee, Wednesday. OPPOSE.
HB2394, sponsored by Austin Smith (R-29), bans Arizona and its cities and counties from enforcing any tax on firearms or ammo, on the grounds that it “might create a chilling effect on the purchase or ownership of those items by law-abiding citizens.” The federal government has taxed these items since 1919. It seems some lawmakers need pocket copies of the US Constitution and knowledge of the “supremacy clause”: on February 13, before this bill passed the full House, the legislature’s nonpartisan rules attorneys warned them it’s unconstitutional. Scheduled for Senate Government Committee, Wednesday and Thursday. OPPOSE.
Bills in Rules Committees
Rules exists only to consider whether a bill is constitutional and in the proper form for passage; the committee doesn’t take testimony and won’t read comments.
These bills will likely proceed to caucus (separate partisan meetings of all Democrats and all Republicans) and from there to a full floor vote, which could happen this week. Bottom line: Treat these as bills that could get a full vote any time. Contact your senator for Senate bills, your representatives for House bills.
SB1501, sponsored by Frank Carroll (R-28), would ban public utility companies like APS, SRP and TEP from using their revenues to build or operate EV charging stations. Government involvement in new or emerging markets, like the EV charging network, is far more common (and economically rational) than government involvement in mature markets, like gas stations. We cannot expect the private market alone to quickly create a robust charging network. The bill may also preempt the Corporation Commission’s authority. Scheduled for Senate Rules Committee, Monday. OPPOSE.
SB1544, sponsored by Lela Alston (D-5), would raise the monthly stipend for kinship foster care parents (those related to the child) to the same $600 per month that every other foster parent gets. Kinship foster parents are often grandparents raising grandkids; the bill sponsor, who has been working for parity for these families since 2019, says some families must send the children back to the state because they cannot afford to take care of them. Scheduled for Senate Rules Committee, Monday. SUPPORT.
SB1546, sponsored by Lela Alston (D-5), would set up a $100,000 grant program for district and charter school community gardens. School gardens offer many benefits, including making healthy food more appealing to kids, helping fight hunger, and aiding emotional regulation. Scheduled for Senate Rules Committee, Monday. SUPPORT.
SB1559, sponsored by Steve Kaiser (R-2), would exempt from state taxes all of the first-year profits for a corporation in its first year of business, half the profits in its second year, and a quarter in its third year. It would also waive all fees. Arizona already gives away far more in tax loopholes and carve-outs than it spends in its state budget every year, while most corporations in Arizona pay only the minimum tax of $50. The bill’s fiscal note observes “a lack of detailed business income data” and estimates the cost at $34.3 million in FY2025. State revenues are already forecast to crater over the next two years; this is no time to further cut taxes. Scheduled for Senate Rules Committee, Monday. OPPOSE.
SB1611, sponsored by Anthony Kern (R-27), would ban government from contracting with any company unless the contract specifies the company will not "discriminate" based on political affiliation or social or environmental values. Similar to a failed bill from last year and several other bills in motion this session. One recent study says such efforts could cost Arizona millions. Scheduled for Senate Rules Committee, Monday. OPPOSE.
SB1694, sponsored by Jake Hoffman (R-15), would ban the state, including public schools, from requiring "diversity, equity, and inclusion programs" for its employees, spending public funds on such programs, or setting policies to influence the composition of its workforce on the basis of race, sex, or color. Any employee required to participate would be authorized to sue. Diversity, equity and inclusion is a philosophy designed to harness the differences, talents and unique qualities of all individuals. When did living in a country that looks like the world, and intentionally making space for all different kinds of people, become a bad thing? Scheduled for Senate Rules Committee, Monday. OPPOSE.
SB1700, sponsored by Justine Wadsack (R-17), would double down on last year's measures to ban many books from schools and institute public review of them. Any parent would be allowed to ask a school to remove a book, the Department of Education would be required to maintain a list of banned books, and public schools would have to publish a list for 4 months before giving books to students. The bill is potentially unconstitutional; it takes aim at "gender fluidity" and "gender pronouns," and would write an inaccurate, weaponized definition of "grooming" into statute. Attempts to ban books in schools are on the rise nationwide, with a focus on local school boards. This horrifying bill not only harms the fight against child sexual abuse, but our children's ability to learn. Many of the targeted books reflect realities kids across Arizona are living; choosing to pull reality out of libraries won't create good citizens. Scheduled for Senate Rules Committee, Monday. OPPOSE.
2023 Session Timeline
Legislative majority leadership may change bill deadlines at any point. The budget deadline, however, is set in stone and is tied to the state’s fiscal year.
Friday, 3/24 Last day for a bill to get out of committees in its crossover house Saturday, 4/22 100th Day of Session (the stated end goal; can be changed) Friday, 6/30 Last day to pass a budget before the government shuts down
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