by Terri Jo Neff | May 6, 2021 | News
By Terri Jo Neff |
On a 31 to 29 party line vote, the State House passed The Unbiased Teaching Act, also known as SB1532, following a derisive debate during Wednesday’s floor session.
An amendment introduced this week by Rep. Michelle Udall (R-LD25) to a school operations bill bars racist, sexist, and one-sided politicized instruction in Arizona schools, including concepts related to Critical Race Theory. It also allows for civil litigation against teachers, administrators, and other school employees who violate the Act.
Under SB1532, a school district, charter school, or state agency is prohibited from requiring a teacher, employee, or visitor to discuss controversial issues of public policy or social affairs unless the subject is essential to course learning objectives. If a teacher presents a controversial issue, it must be conducted with “diverse and contending perspectives” without deference to any one perspective.
“Political advocacy, propaganda, and biased, one-sided viewpoints taught as fact have no place in a classroom,” Udall said after the vote. “If dealing with a divisive controversial topic, educators should present the subjects in a responsible, balanced way that encourages students to think for themselves and draw their own conclusions.”
SB1532 as amended was transmitted Wednesday to the Senate for a vote. The Republican Senate Caucus only holds a 16 to 14 majority, so getting the bill to Gov. Doug Ducey’s desk will require full Republican support unless some Democrats unexpectedly cross the aisle.
Passage in the Senate, however, is not a sure bet due to statements by Sen. Kelly Townsend (R-LD16) that she will not vote for any further legislation this session until the Senate’s ongoing audit of the Maricopa County 2020 general election is finished.
The Unbiased Teaching Act allows the Arizona Attorney General or the appropriate county attorney to initiate legal action in superior court for an alleged violation of the controversial issues prohibition. If further prohibits requiring a teacher, administrator, or other school employee to engage in training, orientation, or therapy that presents any form of blame or judgement on the basis of race, ethnicity, or sex.
Examples of prohibited “blame or judgement” concepts are those which teach one race, ethnicity, or sex is inherently morally or intellectually superior to another; that one person, by virtue of his or her race, ethnicity or sex, is consciously or unconsciously inherently racist, sexist, or oppressive; that an individual should be invidiously discriminated against or receive adverse treatment based solely or partly on his or her race, ethnicity, or sex; or that a person’s moral character is determined by his or her race, ethnicity, or sex.
A judge could impose a civil penalty of not more than $5,000 against a person who knowingly violates the Act or aids in a violation. The bill also permits the Attorney General or a county attorney to bring legal action against any school district or charter schoolteacher, administrator, or other employee, as well as state employee who uses public funds to violate the prohibitions.
Another provision ensures students cannot be required to affiliate with or engage in service learning that involves the student participating in lobbying for legislation at the local, state, or federal level or in social or public policy advocacy.
Also on Wednesday, a party line vote led to House passage of SB1074, which started out as a routine public entity auditing bill before being amended by Rep. Jake Hoffman (R-LD12) with language similar to Udall’s SB1532 amendment.
SB1074 as amended bans the state, state agencies, and political subdivisions such as counties, cities and towns, and community colleges from requiring employees to engage in the same type of training, orientation, or therapy prohibited in SB1532 if it involves presents any form of blame or judgment on the basis of race, ethnicity, or sex.
Training related to sexual harassment is specifically excluded from the mandates in SB1074.
by AZ Free News | May 4, 2021 | Economy, News
On Monday, Governor Doug Ducey rescinded a March 2020 Executive Order that waived the requirement that an individual receiving employment benefits must be actively looking for work in order to receive the benefits. Arizonans receiving unemployment benefits may continue to receive benefits, but under reinstated requirements, must show that they are actively looking for work.
The move was hailed by employers struggling to find employees.
According to the Governor’s Office, Arizona’s labor force currently is 100.09 percent compared to pre-pandemic levels, with more people employed in Arizona than before the pandemic.
Businesses are struggling to fill positions, especially those in the restaurant and hospitality sectors. The Governor’s Executive Order is intended to help fill those low-wage jobs.
The Arizona Department of Economic Security will begin enforcing the reinstated requirement the week of Sunday, May 23.
“A year out from the start of the pandemic, jobs and vaccines are readily available,” said Ducey. “Arizonans are ready to get back to work. Our economy is booming, jobs need filling, more than 2 million Arizonans are fully vaccinated, and vaccination appointments are available to anyone who wants one.”
“As President Reagan said, the best social program is a job,” the Governor added. “This statement rings true today. Unemployment benefits are still available to Arizonans who need them, but now that plenty of jobs are available, those receiving the benefits should be actively looking for work.”
“Southern Arizona businesses made many adjustments and sacrifices to weather the economic effects of the pandemic,” said Tucson Metro Chamber President and CEO Amber Smith. “Businesses cannot afford to weather another storm unable to fill positions. Now that vaccines are out far and wide, many businesses are scaling back up looking for employees. It’s important that we work to meet this job demand and get the word out that a variety of jobs are available.”
A February report released by the Arizona Office of Economic Opportunity is projecting strong job growth in the state over the next two years, with the largest gains happening in sectors hit hardest by the pandemic. Arizona is expected to gain more than 325,000 jobs between spring 2020 and the same time next year, a 5.5 percent annualized growth rate.
“Arizona continues to be a top travel destination for leisure visitors,” said Arizona Office of Tourism Director Debbie Johnson. “The tourism industry was hard-hit by the pandemic, but now that we have a better understanding of the virus and more people have been vaccinated, visitors are returning to Arizona for our unbeatable outdoor recreation, top-notch restaurants, beautiful lodging and more. With this increase in demand, the tourism industry has jobs to fill to keep up. I’m encouraged to see how far we’ve come from this time last year, and I’m looking forward to the return of strong tourism employment in Arizona.”
Additionally, the Arizona Office of Economic Opportunity in March released an employment report showing more than 16,000 jobs had been added back in the state. Also, an April article from AZ Big Media shows Arizona is among the top five most recovered states for unemployment.
“The Arizona Department of Economic Security throughout the pandemic has worked hard to ensure benefits are distributed timely, and that the needs of families and individuals are met,” said Arizona Department of Economic Security Director Michael Wisehart. “Arizona’s economy continues to strengthen and employers are looking for talent. Businesses have implem
by AZ Free News | May 1, 2021 | News
Arizona is leading a coalition of 13 states to defend the Public Charge Rule, a federal immigration policy that ensures noncitizens can financially support themselves to become U.S. citizens or obtain green cards. Joining Arizona are attorneys general from the states of Alabama, Arkansas, Indiana, Kansas, Louisiana, Mississippi, Missouri, Montana, Oklahoma, South Carolina, Texas, and West Virginia.
In 2019, the Department of Homeland Security (DHS) created a rule that expanded the definition of “public charges” to include anyone who received certain government benefits (like Medicaid or food stamps) for more than 12 months over a three-year period. U.S. Citizenship and Immigration Services (USCIS) stopped applying the Public Charge Final Rule to all pending applications and petitions on March 9, 2021. USCIS removed content related to the vacated 2019 Public Charge Final Rule from the affected USCIS forms and has posted updated versions of affected forms.
The states are asking the Supreme Court of the United States to allow them to intervene in a lawsuit challenging the policy after the Biden Administration abandoned defense of the rule earlier this year. Arizona led a coalition of 13 states in March at the Ninth Circuit to intervene in the lawsuit but was denied.
Arizona and the other states are also asking Supreme Court of the United States (SCOTUS) to grant review of a Ninth Circuit decision that invalidated the Public Charge Rule. Previously, SCOTUS granted review of a case involving the same issues. But, after SCOTUS agreed to hear the case, the Biden Administration abruptly shifted course. Without any notice or warning—and breaking established norms—it sprung an unprecedented, coordinated, and multi-court gambit to dismiss all pending cases pursuant to a settlement. Attorney General Brnovich believes that the validity of the Public Charge Rule should be decided on its legal merits, not pervasive strategic surrenders by the Biden Administration.
Congress has had a Public Charge requirement in one form or another for over a century according to the Attorney General’s Office. Under existing federal immigration law, noncitizens are not eligible to receive a green card if they are reliant upon government assistance, otherwise known as a “public charge.”
Arizona and the other states claim to have a significant interest in upholding the Public Charge Rule because it reduces demand on already over-stretched government assistance programs. The federal government only pays a portion of the costs involved in many of the programs at issue, therefore increasing the strain on over-stretched state assistance programs. It is estimated the rule will save the states $1.01 billion annually in direct payments. For example:
- In 2019 Arizona spent $3,059,000,000 on Medicaid benefits. Increasing the number of Medicaid participants would increase the State’s spending on Medicaid (the costs of which typically exceed State general fund growth) and would require the State to make budget adjustments elsewhere.
- Arizona paid $85 million in maintenance-of-effort costs for Temporary Assistance to Needy Families (TANF) programs in 2019. TANF resources are limited. In 2016, less than a quarter of eligible impoverished families received this assistance.
- States incur administrative costs for each Supplemental Nutrition Assistance Program (SNAP) recipient. For FY 2016, Arizona paid $77,730,088 in administrative costs for administering SNAP. By admitting aliens who are unlikely to depend on this resource, the State will save money that would have otherwise gone to fund administrative costs for aliens who would depend on the program.
by Terri Jo Neff | Apr 27, 2021 | News
By Terri Jo Neff |
The 2020 U.S. Census state population results were announced Monday, and while Arizona added nearly 760,000 residents over the last 10 years, the growth was not as high as some state officials estimated. As a consequence, Arizona will not earn a 10th congressional district as many had expected.
The official increase in Arizona’s population is listed at 746,223 from April 1, 2010 to April 1, 2020. That puts the number of residents at almost 7.16 million. What won’t be available for a few more months is the population breakdown by counties and communities.
Gov. Doug Ducey and his census taskforce pushed hard during the 2020 Census process, committing nearly $2 million to the effort which was hit hard by COVID-19. State officials previously said 99.9 percent of all households were counted.
“In 2020, countless volunteers embarked on a statewide campaign to reach underrepresented communities, resulting in AZ’s highest self-response rate in decades,” the state’s census team tweeted Monday. “The state’s 64.1% self-response rate exceeded that from 2010 (61.3%) and 2000 (63%). 19 of the 20 land-based tribal communities in AZ had final enumeration rates of 100%.”
Many estimates by government agencies had pegged Arizona’s overall population at nearly 7.4 million going into 2020. It is unclear whether those estimates were based on overly optimistic formulas or if well-publicized concerns with how answers to census questions would be used kept some residents from being forthright.
The most immediate impact of the Census state population announcement is that those interested in representing Arizona in the U.S. House of Representatives now know the state’s allotment of congressional districts will remain at nine, each serving roughly 795,500 residents.
Each state is initially assigned one of the 435 seats in the U.S. House of Representative. The rest are then allotted based on data from the U.S. Census Bureau. Arizona came in about 80,000 residents short for being considered for another congressional seat, while Colorado, Florida, Montana, North Carolina, and Oregon added a seat. Texas added two congressional seats to its current 36.
How the boundaries of Arizona’s nine districts will look won’t be known for more than one year, as the Arizona Independent Restricting Commission must wait for the more detailed, localized census data to finalize their maps.
Long term, the biggest impact of the lesser than expected population numbers could be on Arizona’s budget, of which about 40 percent comes from federal funds. If Arizona was truly undercounted during the census process, there are some estimates it could cost the state roughly $62 million annually for every one percent undercount.
by Terri Jo Neff | Apr 25, 2021 | News
By Terri Jo Neff |
Two judges, one from Maricopa County and the other an Associate Justice of the Arizona Supreme Court, agreed Friday that the Senate Audit of Maricopa County’s 2020 General Election can move ahead for now. Both judges also ordered the parties to submit several court filings in the coming days.
Several hundred of the nearly 2.1 million ballots cast by Maricopa County voters were audited Friday and Saturday. The volunteer counters are looking only at the race for U.S. President and the contest between Mark Kelly and then-Sen. Martha McSally.
For a short time Friday it looked like no audit activities would take place after Judge Christopher Coury of the Maricopa Superior Court agreed to issue a stay requested by the Arizona Democratic Party and Steve Gallardo, the only Democrat on Maricopa County’s five-member Board of Supervisors.
But the stay order was contingent on the plaintiffs posting a $1 million bond in the event they lost their case. AZ Dems chair Raquel Teran announced Friday afternoon that no bond would be posted, meaning the audit can continue unimpeded, for now.
Two other orders issued by Coury are currently in force: that the Senate and its contracted audit team comply with state law and that no blue or black pens can be on the floor of the Veterans Memorial Coliseum where the audit is being conducted.
Coury will be a key player in the audit this coming week, as he ordered the parties back to court Monday morning for an evidentiary hearing on the merits of the lawsuit. The judge set several deadlines for the attorneys, including an order for the audit’s written policies and procedures to be filed by the Senate and general contractor Cyber Ninjas on Sunday.
Teran and Gallardo -who says he joined the lawsuit in his personal capacity as a Maricopa County voter- must decide how far they want to push their allegations about the audit operations, given the fact Senate President Karen Fann and the other defendants have petitioned to the Arizona Supreme Court, which has also ordered a series of legal briefings in the case.
Fann and Sen. Warren Petersen of the Senate Judiciary Committee are named as defendants along with former Arizona Secretary of State Ken Bennett who is serving as the Senate’s audit liaison. The other defendant is Cyber Ninjas, the company Fann contracted with to conduct the audit with help from three subcontractor.
The Senate defendants are represented by Kory Langhofer and Thomas Bastille, who have been involved in several of the election-related lawsuits filed since Nov. 3. Florida-based Cyber Ninjas and its owner Doug Logan have retained Phoenix attorney Alex Kolodin as their Arizona legal counsel.
Another key player is Associate Justice Clink Bolick of the Arizona Supreme Court, who affirmed Coury’s earlier orders during an emergency conference Friday afternoon. Bolick set separate deadlines for the Senate’s challenge to the legality of the lawsuit, with all those filings needing to be in by the end of business April 29.
Participating in the emergency conference with the justice was attorneys for Arizona Secretary of State Katie Hobbs, who has pushed back on Fann’s previous assurances that the Senate’s audit would be “independent” and “transparent.”
Hobbs has pointed to Rep. Mark Finchem’s admitted role with the audit in light of his repeated insistence that President Joe Biden really did not win the popular vote in Arizona, and thus was not entitled to the state’s electoral votes. She also wrote to Attorney General Mark Brnovich with concerns that auditors may not be complying with Arizona’s Elections Procedures Manual (EPM).
For his part, Brnovich was the first prominent Republican to insist after the general election that there was no fraud involved in Biden’s victory. He replied to Hobbs on Friday, suggesting she notify his office when she has “credible facts and not conjecture or politics” for him to investigate.
Another player who could impact next week’s audit operations is First Amendment attorney David Bodney, who warned Fann and Bennett that the audit team’s current refusal to allow journalists to report on audit activities from the main floor of the Veterans Memorial Coliseum.
Bennett, as the audit liaison, is requiring media representatives to sign up for a six-hour shift as an observer. However, observers are prohibited from having cellphones or even pen and paper on the floor.
“Requiring journalists to become active participants in the events on which they seek to report is as unprecedented as it is untenable in a representative democracy,” Bodney wrote. “It also violates the First Amendment, which compels that members of the press be allowed access to report on these public proceedings. “
Bodney also warned that legal action could be forthcoming.
“By making the proceedings accessible to some journalists, you cannot arbitrarily deny access to others or require that others satisfy peculiar conditions not imposed upon those whom you favor,” he wrote. “In the event the audit proceeds while barring the press, we are committed to pursuing all legal remedies we deem appropriate to secure our clients’ rights under the First Amendment,” Bodney said
