by Daniel Stefanski | Apr 18, 2023 | Education, News
By Daniel Stefanski |
An education-related bill is receiving rare bipartisan support, though Republicans and Democrats still have major differences on a key part of the proposal as it moves through the legislative process.
HB 2456, sponsored by Representative Beverly Pingerelli, “continues the Arizona State Schools for the Deaf and Blind (ASDB) for four years.”
According to background provided by the State Senate, “the Arizona Constitution requires the Legislature to provide by law for the education and care of pupils with visual or hearing impairment. Originally established in 1912 within the University of Arizona, the Legislature established ASDB as its own agency in 1929 to provide schools and programs for the education of persons with visual or hearing impairment and serve as an optional resource to school districts, state institutions and approved educational programs.”
Over the past year, the Senate and House Education Committees of Reference held public meetings and “recommended that the Legislature continue ASDB for eight years.”
Pingerelli’s bill, which was originally introduced to continue ASDB for eight years, first sailed through the House Education Committee in January with a unanimous vote of 10-0. In February, it passed the full House chamber with a 60-0 result. It was then transmitted to the Arizona Senate and the Government Committee, where an amendment was adopted to reduce the number of years ASDB was continued from eight to two. The bill passed unanimously out of that committee, 8-0.
The full Senate chamber then amended the bill, led by Senator Ken Bennett, to continue the ASDB for four years. The body then officially considered the legislation and passed it 27-1, with two Democrat members not voting. Democrat Senator Juan Mendez was the only member to vote against the measure.
After the vote, the Arizona Senate Republican Conference tweeted out a statement, writing: “Senate Republicans are fighting to ensure students and families of the Arizona State Schools for the Deaf and Blind receive the best education possible. On the other hand, Senate Democrats are pushing for inequities within this community by refusing to support the oversight needed to guarantee these students are being properly served. Absolutely disgusting!”
The Senate Republicans shared a clip of Senator Jake Hoffman on the floor during the Committee of the Whole consideration of the legislation, explaining “why an 8-10 year continuation of these schools without proper oversight would be a big mistake.” In his remarks, Hoffman stated that “the Constitution gives us the authority and responsibility to provide educational services for deaf and blind children. Yet for some reason, we’ve been treating this incredibly important community within our state like we do the paper pushers at ADOA (Arizona Department of Administration)…. Our job, that the Constitution tasks us with, is to provide the best possible education to deaf and blind children in our state.” He championed the Legislature ensuring that oversight was happening more often at ASDB.
Count Arizona Republican Superintendent of Public Instruction Tom Horne in support of the continuation of the ASDB. Superintendent Horne told AZ Free News: “This school provides a unique curriculum that would be difficult to replicate in a traditional school setting. Braille instruction, direct communication in American Sign Language (ASL), and training in Orientation and Mobility are skills that are critical to the growth of sensory-impaired students.”
Although most of their members voted to clear the bill from the chamber, the Arizona Senate Democrats Conference was furious after the vote, tweeting the following response to the Senate Republicans’ statement: “Try talking to the community before you speak on their behalf. You know that the Conference Committee recommended 8yrs., the House passed 8yrs., the community asked for 8yrs. Senator Hoffman is dragging his caucus down with him.”
Following the Senate’s amendments and action, the bill was sent back to the House to be reconciled before its final trip to Democrat Katie Hobbs’ office for her signature or veto.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Apr 17, 2023 | News
By Daniel Stefanski |
Days after an AZ Free News report about Arizona’s largest county possibly taking steps toward compliance with extremely onerous environmental measures from the federal government, Republicans in the State Legislature announced their own move to counter these – and other – actions.
On Friday, the Arizona Senate and House Leadership teams announced the launch of “a study committee to examine recent local efforts attempting compliance with air quality standards set forth by the federal government.”
The committee, entitled the Joint Legislative Ad Hoc Committee on Air Quality and Energy, will meet to “gather information from experts and the public about local recommendations on rulemaking determinations by the Environmental Protection Agency (EPA) on ozone nonattainment.” Per the press release from the Legislature, the committee “will hear testimony and consider evidence on every angle, from sources of ozone and efforts to mitigate such sources, to the impacts of these mandates on Arizona families, workers, industries, consumer products and the economy, as well as the practicality of achieving recommended proposals and a variety of other issues deemed relevant to the investigation.”
Senate President Warren Petersen and House Speaker Ben Toma will each appoint five members to the committee. Two members have already been selected as the committee’s co-chairs: Senator Sine Kerr and Representative Gail Griffin, who are also chairs of the Senate and House Committees on Natural Resources, Energy and Water.
The two co-chairs of the committee issued comments in conjunction with Friday’s announcement. Senator Kerr stated: “While we strive to be proactive in protecting our environment, we certainly won’t blindly implement air quality policy dictated by the federal government without thorough investigation. We want to make sure the EPA’s requirements are realistic and won’t cause hardships for our residents, for our economy, or infringe on freedoms, as with what has so far transpired in California.”
And Representative Griffin said, “Arizona has natural occurrences of ozone such as from native vegetation and wildfires that we have absolutely no control over. We also receive significant ozone transports from Mexico and other states that need to be accounted for in federal models. We all want clean air, and I am looking forward to working with everyone on solutions.”
As AZ Free News reported on April 6, The Maricopa Association of Governments (MAG) recently contracted with a California-based consulting firm to “identify and evaluate new and available ozone precursor control measures that could be implemented within the nonattainment area” – which is an “eight-hour ozone boundary for the 2015 ozone standard (2015 National Ambient Air Quality Standard),” following a little-discussed published rule from the EPA in fall 2022, which moved “the region up the severity ladder for ozone pollution, reclassifying the region from ‘marginal’ to ‘moderate’ nonattainment for the ozone pollution standard.”
The consultant’s Final Report this spring suggested “approximately 50% reduction in nonattainment area anthropogenic NOx and VOC emissions” in order to bring the region into compliance with the EPA’s standard by an August 3, 2024, deadline.
To meet this deadline, suggested measures were included to reduce ozone in the Maricopa Nonattainment Area to meet Clean Air Act requirements related to the 2015 ozone standard. Some of the suggested measures include adopting standards similar to California like banning the internal combustion engine, banning gas appliances, and a host of regulations on various business activities.
There is a tight turnaround for approval of these drastic measures to cut emissions in Maricopa County. Before the end of April, the “MAG Regional Council may approve the Draft Suggested List of Measures” after receiving recommendations from the MAG Management Committee. Then, over this summer, “implementing entities provide commitments to implement measures, or reasoned justification for non-implementation, to MAG for inclusion in a nonattainment area state implementation plan submission to EPA.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Apr 17, 2023 | News
By Daniel Stefanski |
Arizona has been one of the nation’s most-ardent pro-life states, but its new Democrat Attorney General is seeking to quickly reverse that standing as she reacts to recent cases in the federal court system.
Last Friday, United States District Judge Matthew J. Kacsmaryk, who was appointed by former President Donald Trump, issued an order in Alliance for Hippocratic Medicine, et al. v U.S. Food and Drug Administration, granting a motion to stay “the effective date of the Food and Drug Administration’s (FDA) September 28, 2000 Approval of mifepristone and all subsequent challenged actions related to that approval – i.e., the 2016 Changes, the 2019 Generic Approval, and the 2021 Actions.”
Yet the same day, United States District Judge Thomas O. Rice, who was appointed by former President Barack Obama, issued an order in State of Washington, et al. v. U.S. Food and Drug Administration, et al., preliminarily enjoining the FDA and other defendants from “altering the status quo and rights as it relates to the availability of Mifepristone under the current operative January 2023 Risk Evaluation and Mitigation Strategy under 21 U.S.C. 355-1 in Plaintiff States.”
The plaintiffs in Judge Rice’s order were Washington, Oregon, Arizona, Colorado, Connecticut, Delaware, Illinois, Michigan, Nevada, New Mexico, Rhode Island, Vermont, Hawaii, Maine, Maryland, Minnesota, Pennsylvania, and the District of Columbia.
Judge Kacsmaryk stayed his own order for seven days “to allow the federal government time to seek emergency relief from the United States Court of Appeals for the Fifth Circuit.” Judge Rice’s order went into effect immediately for the plaintiff states.
Arizona Attorney General Kris Mayes previously joined the Washington case in February, stating that the lawsuit “asserts that the FDA exceeded its authority by continuing its unnecessary and extremely burdensome restrictions on mifepristone,” and it “asks the court to find the FDA’s REMS (Risk Evaluation & Mitigation Strategies) restrictions unlawful and to bar the federal agency from enforcing or applying them to mifepristone.”
After Friday’s two judicial orders, Mayes assured her fellow Arizonans “that legal access to the drug (mifepristone) remains available for providers and patients in this state.” She promised that her office would join other states in filing an amicus brief to oppose Judge Kacsmaryk’s ruling, which came Monday. The court filing from several attorneys general across the country urged the U.S. Court of Appeals for the Fifth Circuit “to stay pending appeal the district court’s ruling.” Mayes said that “Judge Kacsmaryk’s outrageous and appalling ruling, if allowed to stand, would upend decades of scientific research and established legal principles.”
A three-judge panel quickly considered the appeal and decided that “the statute of limitations bars plaintiffs’ challenges to the Food and Drug Administration’s approval of mifepristone in 2000.” However, the judges noted that the plaintiffs’ arguments brought before the district court in “2016 and subsequent years” were timely. The FDA’s changes from 2016-on were as follows: “increased gestational age to 70 days (from 50 days); reduced required in-person office visits to one (from three), allowed non-doctors to prescribe and administer mifepristone; and eliminated reporting of non-fatal adverse events.” In 2021, the FDA also announced “’enforcement discretion’ to allow mifepristone to be dispensed through the mail during COVID-19.”
After the decision from the Appeals Court panel, Kristen Waggoner, the CEO and President for Alliance Defending Freedom, tweeted, “Last night’s Fifth Circuit decision is a step forward for the rule of law. Critical safeguards removed by the @US_FDA will be restored and abortion by mail will end. The FDA put politics over science when it unlawfully approved dangerous chemical abortion drugs. It has evaded legal responsibility for years and has jeopardized the health of women and girls. While there is still work to do to hold the FDA accountable for its lawlessness, girls and women are safer today.”
On Thursday, Attorney General Mayes “provided a summary of the legal status of mifepristone in Arizona” – as it stood at the moment. Mayes admitted that “this is a fast-moving situation, and we are likely to see further court orders in the coming days and weeks.” She vowed to “use every tool at our disposal to fight back against rulings from extremist judges seeking to interfere with the rights of individuals to make their own personal medical decisions.” Her release broadcasted that “under Arizona law, patients in other states who need reproductive care can still travel to Arizona to receive care here.”
The case is expected to be expedited to the U.S. Supreme Court based on the conflicting rulings from the District Courts in Texas and Washington, and the updated decision from the U.S. Court of Appeals for the Fifth Circuit.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Apr 15, 2023 | News
By Daniel Stefanski |
Earlier this week, Democrat Governor Katie Hobbs continued her effort to break Arizona governors’ veto record, vetoing five bills sent to her from the state legislature.
The bills that Hobbs vetoed were HB 2552, HB 2675, HB 2754, SB 1236, and SB 1251.
Former Gov. Janet Napolitano set the record with 58 vetoes.
HB 2552, sponsored by Representative Austin Smith, would have prohibited “certain entities from using a voting method or nomination process that includes the ranking of candidates or allows candidates to be eliminated through multiple rounds of tabulation.” It also would have required “the person who receives the highest number of legal votes in an election to be declared elected.” Hobbs explained that “ranked choice voting is an election process that is used successfully elsewhere in the country.”
HB 2675, sponsored by Representative Steve Montenegro, would have declared “that drug cartels are terrorist organizations and required the Arizona Department of Homeland Security to do everything within its authority to address the threat that drug cartels pose.” Governor Hobbs justified her veto of this bill by saying, “Labeling drug cartels as terrorist organizations to deploy state resources is not a real solution and is not a state function.”
HB 2754, sponsored by Representative Rachel Jones, would have included “nongovernmental organizations in the definition of an enterprise for purposes of criminal liability and subjected an enterprise to criminal liability for the offense of participating in a human smuggling organization.” In announcing her veto of this proposal, Hobbs said, “This bill has unintended consequences for organizations that support immigrants.”
SB 1236, sponsored by Senator Wendy Rogers, would have declared “the regulation of the imposition of a tax or fee on a person or entity running a node on block chain technology to be a matter of statewide concern and preempted further regulation by a city, town or county.” The Governor stated that “this bill broadly defines ‘blockchain technology’ and prevents local policymaking concerning an emergent and potentially energy-intensive economic activity.”
After Hobbs’ action, Senator Rogers tweeted: “Of course Hobbs blocked my bill…anything that encourages the free markets gets torpedoed.”
SB 1251, sponsored by Senator Janae Shamp, would have prohibited “a city, town or county from enacting any ordinance, resolution or policy that prohibits or restricts a person from using a working animal in lawful commerce or for an animal enterprise.” Hobbs wrote that “SB 1251 is a solution in search of a problem. As the bill sponsor stated, no Arizona city, town, or county restricts rodeos or the use of working animals for agricultural or ranching operations. There are also no pending policy proposals to do so anywhere in Arizona.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Apr 14, 2023 | News
By Daniel Stefanski |
Arizona continues to search for a housing solution for individuals already in-state – or yet to come to the state, and one state senator is working on legislation that could fix the issues towns and cities currently find themselves working through on this front.
On Tuesday, Senator Steve Kaiser issued a press release, announcing his efforts on “a series of bills aimed at increasing the Arizona housing supply by using free market principles to provide real tangible relief for young families and senior citizens struggling with soaring prices.”
Those bills (HB 2536, SB 1161, and SB 1163) would, according to Kaiser’s release, “cut the bureaucratic red tape that’s responsible for creating barriers and slowing home construction. More specifically, these bills would limit government control and speed up home-building timelines for cities and towns, while protecting public input and local zoning regulations. These bills would also provide the market with the necessary tools to create more single room occupancy housing for seniors, where tenants have a furnished bedroom with a shared kitchen and bathroom, as well as accessory dwelling units, like ‘mother-in-law suites’ or ‘casitas.’” The release stated that “these are easy solutions for those living on fixed incomes and struggling to keep a roof over their heads.”
In a statement for his release, Senator Kaiser explained his motivation in fighting for these proposals: “I’m determined to provide immediate relief for those struggling to make their rent payments or pursue the American dream of home ownership within the state of Arizona. After months of meetings and collaboration with stakeholders, developers, residents, local planning and zoning representatives, as well as my colleagues in the Legislature, I’m convinced the solutions to our housing crisis lie in deregulation without gimmicks or subsidies. We have an issue of supply and demand, and my proposals lean heavily on free market principles that will help increase inventory and drop prices.”
HB 2536, sponsored by House Speaker Ben Toma, would establish “residential zoning district regulations and limitations of residential housing design standards;” and it would modify “current municipal zoning and licensing time frame requirements.” It currently resides in the Arizona Senate.
SB 1161, sponsored by Senator Kaiser, would require “municipalities to allow by right the construction of low-income multifamily residential rental property;” and it would establish “municipal reporting requirements relating to housing needs.” It currently sits in the Arizona House.
SB 1163, also sponsored by Kaiser, would “create an at-risk permit relating to grading and earthmoving of property, provide zoning regulations relating to single-family residential uses, and establish municipal reporting requirements relating to housing needs.” It, too, waits in the Arizona House for future consideration.
Kaiser’s release conceded that these bills “will likely be amended further before final votes on the floor in the coming weeks.”
Some Democrats in the Legislature appear to be supporting of these proposals. Representative Analise Ortiz tweeted, “AZ Dems have an opportunity to walk our talk on housing policy by supporting SB 1161, SB 1163, & HB 2563. Let’s rollback decades of exclusionary zoning policies that segregate our communities, keep rents high, and benefit the wealthiest landowners most.”
Senator Anna Hernandez also chimed in in support of these bills, writing, “Zoning reform is being addressed across the country and political spectrum. Rolling back exclusionary zoning is critical in achieving housing affordability. AZ has a chance to lead the way with SB 1161, SB 1163, HB 2536, and deliver solutions to our housing crisis.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
