Shope Opposition Stalls Bill Requiring Voter Approval To Rein In Governor’s Executive Powers

Shope Opposition Stalls Bill Requiring Voter Approval To Rein In Governor’s Executive Powers

On Tuesday, Republicans were stunned to discover that a popular bill, SCR 1003, had opposition in the Senate. The bill, sponsored by Sen Warren Petersen, passed with the support of all Republican legislators through the Senate earlier in the session.

The bill was amended in the House and needed the nod of the Senate before heading to the governor. However, Sen. TJ Shope, who had previously supported the bill, is now saying he is opposed.

Because the bill deals with reining in the governor’s executive powers, Capitol insiders believe Shope’s opposition stems from his allegiance to the governor.

As amended the bill:

1. Authorizes the Governor to proclaim a state of emergency as provided by law.
2. Stipulates that a state of emergency, except for a state of war emergency, terminates by proclamation of the Governor or by concurrent resolution of the Legislature.
3. Directs the Governor to call a special session to assemble the Legislature within 10 days to determine whether to terminate or modify the state of emergency and to address matters by enacting laws or issuing legislative orders.
4. Asserts that legislative orders have the same authority as executive orders.
5. Outlines the powers, processes and procedures of the Legislature when called into a special session during a state of emergency.
6. Specifies that a special session may not adjourn until the state of emergency that caused the special session is terminated.
7. Provides requirements for when the Governor protests any actions due to the issuance of a legislative order or terminations or modifications of an executive order.
8. Prohibits the Governor, if the Legislature terminates a state of emergency, from proclaiming a new state of emergency arising out of the same conditions.
9. Stipulates that if the proclaimed state of emergency is terminated by the Legislature, the Governor may not proclaim a new state of emergency arising out of the same conditions for which the terminated state of emergency was proclaimed.
10. Directs the Secretary of State to submit this proposition to the voters at the next general election

SAT Not Approved For 2021-2022 Menu Of Assessments

SAT Not Approved For 2021-2022 Menu Of Assessments

At its June 28 meeting, the Arizona State Board of Education did not approve the SAT for the Menu of Assessments for the 2021-2022 school year. The decision requires all schools to only administer the ACT Aspire and ACT in high school as the statewide assessment.

In June 2020, the Board awarded ACT, in partnership with NCS Pearson, the contract for the statewide assessment beginning in the 2021-2022 school year. As part of the 5-Year Assessment Plan, the Board intended for the nationally recognized college exam that failed to win the bid for the statewide assessment, in this case SAT, to be on the Menu of Assessments.

This would have allowed schools to administer either the ACT or the SAT to high school students.

However, in January 2021 the College Board decided to remove the essay portion from the SAT. In order to be federally compliant, the state needs to assess writing. The Board determined that it was better to not approve the SAT for the Menu rather than risk federal funds again.

The State Board indicated it would consider approving the SAT for the Menu should the College Board offer an essay portion in the future.

In 2019, the U.S. Department of Education placed Arizona on “high-risk status” due to its assessment system and threatened to withhold hundreds of millions of dollars of federal funds.

Hernandez: White Nationalism a Bigger Threat Than Communism; Nguyen Fires Back: ‘Don’t Mock Me’

Hernandez: White Nationalism a Bigger Threat Than Communism; Nguyen Fires Back: ‘Don’t Mock Me’

By Corinne Murdock |

During the House floor debate over the budget last week, State Representative Daniel Hernandez (D-Tucson) claimed that white nationalism poses a bigger threat than communism. In just over a century of its existence, the death toll of communism has reached over 100 million. State Representative Quang Nguyen (R-Prescott Valley), a survivor of Vietnam’s communist regime, fired back that Hernandez’s remarks ignored that death toll.

Hernandez made the claim that communism was a minimal threat when he rose to speak in opposition to the K-12 budget bill on Friday. The bill included the requirement that schools teach how political ideologies such as communism and totalitarianism conflict with America’s founding principles of freedom and democracy.

“So, we keep hearing about ‘the threat of communism, it is a great threat, it is such a bad thing.’ You know what’s a bigger threat?” said Hernandez. “White nationalism. The insurrection that happened on January 6. Those are bigger threats to our nation.”

Only one of five deaths that occurred on January 6 can be attributed to the rioters. The woman killed, Rosanne Boyland, was trampled to death by the mob. Another one of the deaths came from a Capitol Hill police officer that shot and killed a woman named Ashley Babbitt. Three of the other deaths occurred naturally; the remaining death was the result of a drug overdose.

“So, yes, let’s talk about communism,” continued Hernandez. “But let’s also talk about making sure that we are not letting people get away with the kinds of things that were happening on January 6, and teaching our kids that it’s okay to try and overthrow a democratically-elected government – with that, I vote nay.”

Cheers and clapping could be heard in the background as Hernandez ended his speech.

Nguyen fired back that Hernandez was taking the issue of communism lightly – mocking the experiences of him and other asylees, even, by suggesting that white nationalism was the bigger threat.

Nguyen sought political asylum at 12 years old from the Communist Party of Vietnam (CPV) in April 1975 – a week before the Fall of Saigon.

“I’m not a big talker,” said Nguyen. “And, you know, I stood back there and I listened to everybody, and I just got irritated so I came over here and pressed the white button. Is it okay if I say ‘white button?’”

Nguyen paused when his quip inspired laughter. He continued.

“You know, I just recently heard somebody say that […] communism is not the enemy, but white nationalism [is]. So, let me tell you something about white nationalism. White nationalism didn’t drown 250,000 Vietnamese in the South China sea. The communists did. White nationalism did not execute 86,000 South Vietnamese at the Fall of Saigon. Communists did. White nationalism did not put me here. Communism did. So don’t take it lightly. Don’t mock me. Don’t mock what I go through in life. It’s rough. I lost most of my cousins, my family members due to communism. If we don’t stand up to teach communism to our children, we’ll lose this country. So sir, don’t mock me.”

Corinne Murdock is a contributing reporter for AZ Free News. In her free time, she works on her books and podcasts. Follow her on Twitter, @CorinneMurdock or email tips to corinnejournalist@gmail.com

Petersen’s Long Fight To Curb Executive Power Wins In House

Petersen’s Long Fight To Curb Executive Power Wins In House

By Terri Jo Neff | 

CORRECTION: The bill still needs to be considered in the Senate. The “win” is confined only to the House vote as of 9:30 a.m., on June 29.

Back in January, on the second day of the legislative session, Sen. Warren Petersen and 27 other legislators introduced Senate Concurrent Resolution 1003 in hopes of garnering voter support to rein in a governor’s emergency powers.

It took more than five months, but the effort by Petersen (R-LD23) and the co-sponsors of SCR1003 paid off last week. The result – voters will decide in November 2022 whether to approve a constitutional amendment that ensures the legislature has a say after a governor issues a state of emergency.

A governor currently has power to declare a state of emergency for conditions of “disaster or extreme peril to the safety of persons or property within the state caused by air pollution, fire, flood, epidemic, riot, earthquake or other causes that are likely to be beyond the control of any single county or municipality.” Such a declaration is only terminated by proclamation of the governor or a concurrent resolution of the legislature.

The legislature, however, might not be in session when a state of emergency is issued.

SCR1003 would constitutionally require a governor to call the legislature into special session within 10 days of proclaiming a state of emergency. And once assembled, the legislature could determine whether to enact laws or issue legislative orders to terminate or modify the governor’s emergency powers as well as the state of emergency.

Those legislative orders would have the same authority as a governor’s executive orders, according to a provision of SCR1003. Another provision addresses a concern raised during the COVID-19 lockdowns – how to conduct legislative business if lawmakers cannot make it to the floor of their chambers.

Remote voting is currently allowed but the head count conducted for determining a quorum is based on those legislators present in the building. But if SCR1003 is approved by voters, quorums could be counted based on remote-attendance by a lawmaker under certain situations.

That would ensure the legislature can do its constitutionally-mandated duties even if several members are not in the building.

One of the most impassioned SCR1003 floor speeches came from Rep. Jake Hoffman (R-LD12) who advocated during voting on June 25 not only in support of the concurrent resolution but also to end of the COVID-19 public health emergency Gov. Doug Ducey declared more than 15 months ago.

According to Hoffman, Arizona’s state of emergency statutes permit “the most draconian measures out of all the states except for one. That is abhorrent. That is terrible.” He added that current laws allows emergency powers which are “unchecked and out of control.”

SCR1003, Hoffman said, “is measured, it is reasonable, it does not overreach, and it does not eliminate the ability for emergency orders and emergency declaration.”

He also called on Ducey to put on end to Arizona’s COVID-19 public health emergency. “It is time for this emergency order to end, period, stop all. End of story, turn it off,” Hoffman said.

But legislators did more last week that just ensure SCR1003 gets before voters next year.

The House and Senate also passed SB1819 which includes a provision that ends a governor’s public health state of emergency after 120 days unless extended in whole or in part by concurrent resolution of the legislature. That provision of the bill will not apply to a state of emergency issued before Jan. 1, 2023.

Petersen, the bill’s prime sponsor, told AZ Free News both SCR1003 and SB1819 are important given Arizona’s rating as second worst in the nation for the balance of powers between the executive and the legislative branches when it comes to emergency orders.

“SCR1003 and SB1819 are needed to bring Arizona into balance like the rest of the nation,” Petersen explained. “The measure that goes to the voters is important because it brings the legislature into session to consider any emergency orders issued. Meanwhile, SB1819 that we passed is important because it terminates those orders after four months.”

The two measures work hand in hand, Petersen noted.

“One makes sure the legislature has a voice in emergency orders from the start. The second makes sure that they don’t last forever,” he said.

House Republicans Call Out Democrats’ Lack Of Support For K-12 Funding

House Republicans Call Out Democrats’ Lack Of Support For K-12 Funding

By Terri Jo Neff |

When the State House voted Friday to pass HB2898, the K-12 Education budget bill, it marked the end of a grueling process that resulted in passage of a $12.8 billion budget package for Fiscal Year 2022.

A key provision of HB2898 is the establishment of new academic standards for K-12 students in the area of civics. There was also funding for a number of special programs for students and a variety of new rules for school board and school districts.

But much of the debate about the bill centered on whether more money should have been allocated.

Rep. Aaron Lieberman (D-LD28) acknowledged HB2898 includes “a lot of money,” but he argued it was not enough. Lieberman noted 2,000 classrooms across the state do not have assigned, permanent teachers, something he said could be remedied by spending one-fourth of the state’s $2 billion surplus.

“It’s clear now more than ever we need every dollar,” Lieberman said in voting against the bill.

However, Rep. Bret Roberts (R-LD11) questioned why more focus is not on the decisions of school boards who spend the billions of dollars provided each year through federal funding and from the legislature.

“Why are we not asking the school boards why they’re not giving the money that the legislature sends to the school boards to the teachers?” he asked on the floor. “Why are we not holding the school boards responsible for the money that we send them to give to the teachers? When are the teachers going to hold the school boards responsible?”

Rep. Walt Blackman (R-LD6) expressed similar frustration, noting that many of the chamber’s 24 Democrats who were present Friday complained the funding in HB2898 was too low. So they simply voted against the bill.

Blackman acknowledged K-12 funding in the bill “may not be enough” but said those representatives who vote green -yes- are demonstrating they “support education by action.” Which is why he was disturbed to see so many red -no- votes.

Democrats may give myriad reasons for what is wrong in HB2898 or what could be done differently, he said, “but if we are really dedicated to teaching our children K-12, and that is a non-partisan issue, then why do we have red votes?”

“This can’t be an issue where we are upset and we take our marbles and we go home because we don’t have enough marbles to play,” Blackman said, adding that all of the votes should be green because “nothing is perfect.”

The House K-12 Education bill will now be transmitted to the Senate, which last week passed its own education bill.  There is now one significant difference between the bills which will need to be reconciled.

That difference involves a major expansion of the state’s Empowerment Scholarship Accounts (ESAs) which is currently available to about 250,000 students. The Senate’s budget bill added two eligibility criteria which would make ESAs an option to 700,000 students, including children from Title 1 schools where at least 40 percent of the families are considered low-income.

However, three Republicans in the House voted against an amendment which would have included the ESA expansion in HB2898. The amendment died without those votes and the three Republicans also voted against a later attempt to insert the failed amendment into the main bill just prior to final voting.

Sen. Paul Boyer (R-LD20) is a teacher and a major supporter of ESA legislation. He took to Twitter after the House vote to express his disappointment with the ESA decision.

“Meanwhile, minority students are 6 to 12 months behind their white counterparts. This defeat of ESAs for Title I students makes sure those same students never leave the school that’s failing them,” Boyer tweeted.