Last Week at the Legislature

Monday, April 17, 2023

Hi Friend,

We just completed week fourteen of the Arizona legislature's 56th session, and the decisions made or not made there will affect all of us. It's my great honor to serve as your representative on the House Education, Appropriations, and Sub-Appropriations Committee on Budgeting and Finance. Here's a recap of what happened last week and a preview of the next one!

Judy
Representative Judy Schwiebert, LD2
jschwiebert@azleg.gov

Mark Your Calendar and Join us May 6 for our

Budget Town Hall

My colleagues Rep Laura Terech, Senator Christine Marsh and I will be updating folks on what's happening with the state budget, and listening to you about YOUR priorities. RSVP here for this IN-PERSON event!

House Floor Votes 

This past week we considered legislation from the Senate, including the following Republican-sponsored bills. As I've noted previously, while Democrats have plenty of great ideas about how to address the most urgent issues we face as a state, it's rare indeed for any of our bills to even receive a hearing.

Instead, we're tied up with Republican bills focused on divisive culture war issues.  Watch for many of these bills to justifiably receive Governor Hobbs' VETO stamp. 

Monday

SB1028 (Kern) Adult cabaret performances; prohibited locations AND
SB1030 (Kern) sexually explicit performances; regulation

We have a water, affordable housing, and teacher shortage crisis. Why are we spending time on this redundant and unnecessary legislation?  These performances are already restricted in statute and zoning laws. These bills were discussed in COW, but will be voted on later. 

SB1040 (Kavanagh) public schools; restrooms; reasonable accommodations
We need bills that are inclusive of people, not those that go out of their way to further demonize others who are in fact among our most vulnerable young people. An important part of a schools' work is to ensure every young person feels safe and respected. This bill forces schools to do the opposite.This bill was discussed in COW, but will be voted on later. 

SB1095 (Carroll) early ballot envelope; notice
In addition to the information and affidavit required for ballots by mail, this bill would require the envelope accompanying the early ballot to state to say that failure to mail an early ballot or deposit an early ballot in a ballot drop box by the Friday before the election will result in delayed election results. It was opposed by 516 people and groups on Request to Speak (RTS) because of concerns that this information might create confusion for voters. 

1503 (Rogers) explicit content; age verification; intent
We all agree that children should not be exposed to pornographic material, but I actually agree with conservative Rep. Alex Kolodin that provisions in this bill that require adults to register with the government creates a constitutional problem. It failed 26-31, but Rep Biasiucci moved that it be put on reconsideration for another vote within 14 days. 

Tuesday

SB 1255 (Kern) regulatory costs; rule-making; ratification. This bill says that if a proposed rule is estimated to increase costs by $500,000 within five years, it cannot be enacted.. This is unconstitutional because it violates the separation of powers.  I voted NO,  but it passed 31-26.              

SB 1331  (Shamp) schools; parents; firearm possession Allows a parent with a concealed weapon permit to carry and transport their firearm on the property of an education institution. I voted NO, but it passed along party lines, 31-26.  Thank you to my colleague Rep Keith Seaman of Pinal County for his comments on this bill. Exactly! https://twitter.com/AZHouseDems/status/1645917986547716096

HCR 2016  (Cook)  article V convention; term limits
Like most Americans, I support term limits, but this is not the way to do it. Opening up a new Constitutional Convention would put our fundamental freedoms in jeopardy. Yet wealthy donors, corporations, and radical far-right actors are using "Term Limits" as a reason to hold a new constitutional convention. The problem is that once a new convention is opened up, there are no rules on how our constitution could be changed.  I voted NO on this dangerous proposal that's been opposed by leading constitutional scholars as well as Supreme Court Justice Antonin Scalia,  President Ronald Reagan, Common Cause and others.  The bill failed 26-31.

Wednesday's One-Item Agenda

On Wednesday, the House Majority put just one bill on the agenda. Members were charged with reviewing the House Ethics Committee report on the serious complaints against Rep Liz Harris (R-LD13) and then voted 46-13 to indeed expel her. The vote exceeded the minimum 40 votes needed for the action. 

It was a sad, but necessary day for the Arizona State House. The committee report made clear that Rep Harris plotted, and then repeatedly lied to advance false and defamatory allegations in a televised legislative hearing. She lied about her role in this effort to mainstream a conspiracy that a federal judge had already labeled as 'delusional' and then lied to the Ethics Committee.  

As House Minority Leader Andres Cano stated, "Misinformation, lies, and conspiracies are not harmless, and it's not just politics. The defamatory allegations that Representative Harris' invited her guest speaker to make are patently absurd, but there are many people who believe them. They believe the lies, and they continue to threaten retribution because we dispute them. They believe those lies because a State Representative, Liz Harris, platformed and legitimized them in a televised legislative hearing – where they were immediately picked up by partisan media and social media influencers -- and then she congratulated her guest speaker as 'brave' for her presentation....The integrity of our institution was damaged in that moment. That damage continues to accumulate, and for that there must be accountability." 

Following the vote, the Speaker announced that the legislature would take a Spring Break for the week beginning April 17, and resume activity on Tuesday, April 25. 

What's Next?  
The Republicans from LD13 will meet to select three potential candidates to replace Representative Harris, and send those names to the County Board of Supervisors.  The Supervisors will then select one of those people to fill the remainder of the term. 

Thursday 

HB 2509 (Grantham) food preparations; sale; cottage food 
This bill expands the ability for people to sell food prepared at home without a requirement for health inspections or other safety regulations. This bill had wide support from Democrats and Republicans who live in areas where many people already sell homemade tamales and other foods on street corners. While I appreciate their initiative, I am also concerned for the corner mom and pop restaurants who are being undercut. One Indian restaurant owner recently came to my office to tell me that he's lost of $50,000 in business this past year to unlicensed people selling Indian food over social media, even serving it in their backyards.  He said of course they can undercut him because they have no expenses. He asked, why would a restaurant owner like him follow the rules anymore?   The bill was also opposed by the head of the Arizona Health Department because of concern about food safety. I voted NO, but it passed 45-11.

In the AZ Senate

Republicans Attack the Arizona School for the Deaf & Blind

This past Thursday, April 13, State Senate Republicans finally agreed to a four-year continuation for the Arizona School for the Deaf & Blind (HB2456)  after putting students and their families through unwarranted, torturous attacks for the past month.

Failure to approve this standard continuation bill would mean the agency, created at statehood in 1912, would have to close.  Senate hearings drew emotional testimony from members of the deaf and blind communities, including Troy Kotsur, an Academy Award-winning actor who learned American Sign Language at the school.

"I am a walking, living, breathing statistic.... ASL saved my life," he said. 

Previously, the school had undergone a standard review process, fixed the few problems found by the Auditor General, and seen HB2456 with the standard eight year continuation for the agency passed unanimously through the House more than a month ago. 

It will now have to come back to the House to be reconciled with the eight-year extension we passed. It's deeply disappointing to see the Republican Senate majority use their power to hold up the vital work being done by yet another school - this time a school for people with visual and hearing loss. Seriously?!

Register here to join your neighbors in LD2 this Wednesday, April 19, at 6:30 pm for the Democrats monthly meeting. We meet on the third Wednesday of each month to learn what's new and how to plug in to help ensure every Arizonan gets their chance to thrive.

You're invited to bring your non-perishable food & pet food to the meeting. since we are continuing our food drive collections to the PV Food Bank.

If you are visiting us for the first time, we are at: 17811 N 32nd St - or you can
join via zoom.  We’re looking forward to seeing everyone.

In the News Last Week

April 5, 2023 – Weekly Legislative Update with Democrats Representative Analise Ortiz and Senator Juan Mendez - Arizona Horizons
 
April 10, 2023 – Democrats are almost half of the Arizona Legislature. Why do so few of their bills ever get a vote?  AZ Central
 
April 10, 2023 – Report: Equipment, not intentional acts, caused Election Day issues – Tucson Daily Star

April 11, 2023 – Hobbs vetoes bills increasing sentences for fentanyl, legalizing silencers – AZ Mirror
 
April 12, 2023 – Arizona House expels Republican Rep. Liz Harris for ethics violation - KTAR News

Highlights of Last Week

Monday I Said Goodbye to My Assistant

I was honored to inherit a wonderful assistant, Janice Ribordy, from previous legislators like Aaron Lieberman, Kelli Butler, and Sarah Liguori. The sign at Janice's desk said it all, "Everything is figure out-able". She trained over 15 other legislative assistants, and the entire State House leaned on her eight-years of experience.  However, Aaron Lieberman stole her away, providing her with a great opportunity to work with him and his new company. Here I am with one of my suite-mates, Rep Keith Seaman, thanking her from the House floor and sending her off with our best wishes. 

Monday I also met with Constituents

I was so pleased to have constituents from LD2 and Secular AZ come by my office to share their opinions on bills before the legislature right now.  Thank you to (L to R) Jacob Sumner, Rivko Knox, and Greg Jackson for sharing your thoughts with Rep Keith Seaman and me.  If you'd like to schedule a meeting, please email me - or my new assistant Lori Goodspeed here. 

Monday Evening with AZ Citizens for the Arts

As a co-founder of Theater Works and a lifelong patron, the arts are a big priority for me.  They enrich us as individuals and as a community - and are an important economic engine for our state.  I was so pleased to spend an evening for legislators with Arizona Citizens for the Arts and get a tour of Taliesen West. 

Tuesday Morning with the Phoenix Conservatory of Music

Very cool music from outstanding young musicians at the Phoenix Conservatory of Music was a great way to start the day.  Find out more about them at pcmrocks.org. 

Tuesday at Noon

Thank you so much to SRP for a great lunch, and to Liberty Wildlife, a great rescue organization for bringing a 16 year bald Eagle named Sonora to the Capitol on Tuesday for a visit. I used to bring Liberty Wildlife and their wonderful rescue animals to the Cactus library each year. It was wonderful to reconnect with them! LibertyWildlife.org

Thursday was Suns Day at the Capitol

Thanks to Go the Gorilla for stopping by the House and taking over the speaker’s chair! Let’s go Suns!

Thursday Afternoon in the Governor's Conference Room

It was such a privilege to meet with some of Governor Katie Hobbs' staff about budget priorities up in the eighth floor. Here I am with my friend Rep. Marcelino Quinonez, one of our Minority Whips, overlooking the east Valley.

On a personal note.....

Friday I Flew to Portland

My younger son Andy (in plaid shirt) I and I flew in to Portland from Torrance and Phoenix respectively and really surprised my older son Ehren for his big birthday this weekend. So fun! Caroline put together a great party in their almost finished beautiful new addition, and it was so great to see the whole family! (But this is also why you're receiving this newsletter a day late.)

Next Week

Click here for this week's Ed Report from Save Our Schools 

Here's a portion of what you'll learn: 
"This legislative session has been characterized by chaos and dysfunction, but we may avoid damage to public schools (thanks to Gov. Hobbs’ well-inked veto stamp!) and make significant progress on prioritizing and funding public education in the budget. Call us crazy, but we remain optimistic. 

Any forward progress? Other than the one-year AEL school spending cap waiver HCR2001 (without which Arizona's public district schools would already be shut down), there just hasn't been any real progress yet. With a legislative majority that's been mostly focused on attacking, not supporting, our public schools, educators and students, this is all we’ve got. 

Veto summary: Hobbs has now signed 53 bills and vetoed 48. Among her vetoes: so-called "anti-CRT" teacher gag bill SB1305 and "rampant lawsuits against teachers" bill SB1005. We expect more vetoes to come, including "parents carrying guns in schools" bill SB1331, "school choice" marketing scam HB2539, and irresponsible tax-cut bill SB1260." 

Click here for this week's Civic Engagement Beyond Voting Weekly Report  Here's a portion of what you'll learn from CEBV this week: 

"What happens between now and April 25 is critical. We don’t mean the roughly 110 bills we’re still tracking, which will remain alive until session ends. A lot of those are culture-war nonsense; we’re not worried, as Gov. Hobbs is ready with her veto stamp. But a handful, including the 10 ballot referrals still lurking in the fog of secrecy that surrounds budget negotiations, could become leverage in a grubby backroom budget deal. That’s the real issue: our budget, and by extension, our future.

To put it bluntly, Arizona is in a pickle. Our $1.8 billion projected one-time revenue surplus is about to evaporate into nothing. The massive, permanent tax cuts Republican lawmakers passed in 2021 are compounding the crisis to the tune of another $2 billion per year in lost revenues. The spiraling costs from Republican lawmakers’ beloved universal ESA voucher program are now approaching a half-billion dollars per year, much of that unbudgeted, with no end in sight. And this is the party of fiscal responsibility?"

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