Last year, Arizona was the most popular state for people to relocate to. Those new arrivals helped boost our economy and put the state’s budget in the black. That’s the good news. But the bad news is that the state is falling behind in building homes to meet the needs of current families as well as newcomers.
Some may say that is just fine because they liked the Grand Canyon State before those people moved here. But they likely haven’t considered the consequences when the government restricts new housing.
The demand for housing goes up as families have children, residents get pay raises, and workers bring their skills and talents to our state. We celebrate these events, and to make sure it continues, we must allow the supply of housing to meet this increased demand.
When governments restrict the supply of new housing, it reduces the choices available to buyers, which drives up the cost of their new homes. It is the buyers who bear the cost of these restrictive policies. This year Arizona has a shortfall of 270,000 housing units, and that deficit in housing will continue for years to come.
This shortage of housing is quickly putting our state beyond the reach of many qualified young workers. If businesses can’t attract capable workers, the owners will think long and hard before moving their business here or expanding their current operations. And that’s bad news for all Arizonans because businesses pay the lion’s share of our taxes. Without a healthy economy, the state budget will slide into deficits again. And that means cutbacks for schools and roads.
If Arizona is to remain prosperous, we must be attractive and affordable for new businesses and new residents. As The Wall Street Journal wrote, “The shortfall of affordable housing hurts America’s businesses and the broader economy by preventing workers from living in areas with economic opportunities but high housing costs. Employers are forced to operate below their potential because they can’t attract or retain workers.”
Local land use restrictions bear most of the blame for the housing shortage. In many areas, it is hard or impossible to add a casita for an aging parent or young renter. Local regulations often prohibit empty nesters from renting a single bedroom to a senior. And cities often dictate design elements such as floor plans, styles, and materials for homes. Such restrictions do not protect public safety or health. They merely impose the preferences of politicians and bureaucrats and limit the choices for property owners.
Navigating through the planning bureaucracy is difficult and there are frequent delays. Not long ago, it took about six months to complete the planning process. Now, it often drags on for a year or more. The clerks handling the applications do not have to pay the price for those delays. It is the new buyer who bears the added costs. But these huge added costs are not obvious to home buyers.
One way to inform consumers would be to have a sticker price for each home, much like we see when buying a car. The sticker would list the actual costs of the land and construction. Then, the sticker would lay out the costs of the myriad government requirements, then list the multiple fees for the city, the county, and all special districts, and finally the costs for connections for electricity, gas, sewer, etc. The sticker would make it clear how much the land and construction actually cost, and what was added on by government regulations and processing.
The Legislature had the opportunity to deal with the shortage this year but dropped the ball. Speaker Ben Toma’s HB 2536 proposed allowing property owners to build casitas attached to or in the backyard of their home, and would have allowed owners to rent a single bedroom to seniors. The bill would have also prevented cities from dictating design elements and aesthetics. Arizonans should have the right to choose the style and layout of their homes, and not have their aesthetics dictated by the bureaucracy.
After passing the House unanimously, the Senate killed it under pressure from local politicians. Those politicos want to protect their monopoly on housing decisions, even if their decisions cause young families and seniors to be priced out of their city. I was surprised that ten Senate Republicans voted against this important bill: Bennett, Borrelli, Carroll, Hoffman, Kavanagh, Kern, Kerr, Mesnard, Rogers, and Wadsack.
They claim they voted to kill the bill to protect the prerogatives of local government. While I agree that most decisions are better left up to officials closest to the people, I strongly dispute that local governments have unfettered power to ignore the rights of their residents. Local governments do not have the authority to dictate the color and floor plan for new homes. That goes far beyond the proper scope of their duties and interferes with the basic rights of property owners.
I am particularly troubled that several members of the Freedom Caucus helped kill this bill. I don’t understand how they can believe that their votes to allow local politicians to excessively interfere with the rights of property owners doesn’t infringe on our basic rights. The members of the Freedom Caucus would do well to re-read Alexis de Tocqueville’s warning about the terrible impact imposed on the people by bureaucratic rules:
“It covers the surface of society with a network of small, complicated rules, minute and uniform, through which the most original minds and the most energetic characters cannot penetrate, to rise above the crowd. The will of man is not shattered, but softened, bent, guided; men are seldom forced by it to act, but they are constantly restrained from acting: such a power does not destroy, but it prevents existence; it does not tyrannize, but it compresses, extinguishes, and stupefies a people, till each nation is reduced to be nothing better than a flock of timid and industrious animals, of which the government is the shepherd.”
It is the duty of our state representatives to forestall efforts to make us sheep under the care of government bureaucrats. Our legislators are not elected by local governments; they are elected directly by the people. They should not think of themselves as protectors of local governments’ prerogatives; rather, they should be vigilant guardians of our freedoms no matter which level of the government tries to violate them. I would remind our legislators that our Constitution does not begin with the words “We the state and local governments” but “We the people.”
Pat Nolan is the Director Emeritus of the Nolan Center for Justice at the American Conservative Union Foundation. He and his wife live in Prescott.
Arizona’s frontline status with the crisis at America’s southern border led to a surprise, influential visitor this week.
On Wednesday, Florida Governor Ron DeSantis, in his official capacity, traveled to the southern border in Sierra Vista, alongside his Attorney General, Ashley Moody, who has been instrumental in filing many lawsuits against the federal government.
DeSantis convened two roundtables with a number of sheriffs from Arizona, Florida, and other states, listening to their stories and talking about solutions to mitigate the worsening crisis at the border.
After the meetings at Cochise College, Sheriff Mark Dannels, a national leader on border security and local enforcement, escorted his out-of-state guests to the border, where they gained a fresh, first-hand perspective of the deteriorating situation.
In a release sent out by the Florida Governor’s Office, Governor DeSantis used the visit to “highlight Florida’s successful actions to combat illegal immigration within the state and along the southern border.” Those measures include “new methods for combating human smuggling and drug trafficking across state lines and the relocation of illegal aliens who wish to be transported to so-called sanctuary states and cities.” DeSantis also announced that “Florida’s law enforcement agencies are offering trainings for other states that want to follow Florida’s lead on protecting citizens from the impacts of Biden’s Border Crisis.”
The second-term Sunshine State governor issued the following statement in conjunction with his mid-week stop in the Grand Canyon State: “Joe Biden is derelict in the performance of his duties and refuses to uphold the borders of our nation. In Florida, we’re stepping up even as the federal government falls down on the job. We enacted strong legislation to combat illegal immigration, sent law enforcement officers and equipment to the border, and have dedicated resources to divert migrants to sanctuary jurisdictions. Today we’re taking Florida’s no-nonsense approach to border enforcement nationwide.”
The chaos we are witnessing at our southern border is a direct result of the President’s dereliction of duty
If Joe Biden won’t do his duty to protect our people and our borders, Florida will step up. pic.twitter.com/TeYBKh2M8m
Dannels was extremely complimentary of the Florida team that descended on his county, appreciating their efforts to partner with him and other members of law enforcement, saying, “This is not about politics, folks. This is about doing what is right, which everyone in this room that works for government has taken an oath to do. So thank you guys for what you do. We pledge to you both and all our governors, all our sheriffs, all our law enforcement, our prosecutors, our county attorneys, our mayors to work united to fix these borders, secure our borders, and get America back.”
Sheriffs including Mark Dannels @TopCop_Cochise, PJ Allred (@GrahamCounty) William Ponce (La Paz) meet with Florida gov @rondesantis in Cochise County to discuss border issues. It was a good opportunity to discuss the issues sheriffs face in AZ pic.twitter.com/9qlg3I576i
Another Arizona sheriff, P.J. Allred of Graham County, was at the table with the Florida chief executive and gave the following remarks: “When most people come from the south to come to the United States, my little county is probably not their destination, but they come through us and we feel them when they come through us. When we’ve encountered them after a pursuit through the desert, when they see us as law enforcement and the vehicles come to a stop, they run to us as law enforcement to get away from the coyotes that were carrying them. I appreciate all of you for being here, being interested in our country, our freedoms, our rights.”
At least two state legislators appeared to be in attendance for DeSantis’ southern Arizona check-in: House Speaker Ben Toma and Representative Gail Griffin. Toma tweeted a picture with DeSantis, writing, “My pleasure to help welcome Governor Ron DeSantis to Arizona and to share details of our border crisis. Glad to hear we share the same determination to secure the southern border once and for all.”
My pleasure to help welcome @GovRonDeSantis to Arizona and to share details of our border crisis. Glad to hear we share the same determination to secure the southern border once and for all. pic.twitter.com/7CxsPU9w2f
Az Rep. Gail Griffin and Sheriff Mark Dannels talk to @RonDeSantis about how immigrants and smugglers scale the border fence. “The border’s wide open,” Dannels says. pic.twitter.com/cbPqam2Om3
Arizona Republican legislators have finally had enough of Democrat Attorney General Kris Mayes’ continuing assault on the state’s historic Empowerment Scholarship Accounts (ESA) program.
On Thursday, a bicameral group of Republican lawmakers, led by Senate President Warren Petersen and House Speaker Ben Toma, transmitted a letter to Mayes, demanding that she “publicly retract (her) patently false statements attacking ESAs and impugning the motives of thousands of parents that use ESAs to provide the best education for their children.”
🚨BREAKING🚨 Legislative Leaders Demand AG Mayes Retract False Statements Regarding ESAs & to Use State Resources to Serve Interests of Arizonans, Not Politics!
“Parents have spoken and the Legislature has enacted ESAs into law. Your job, as an executive branch official, is to… pic.twitter.com/QgLvDcvsGY
— Arizona House Republicans (@AZHouseGOP) May 25, 2023
The accusations and demands in the letter stem from a recent television interview Mayes gave where she “claimed that ‘there are no controls’ on the ESA program, ‘no accountability,’ that ‘they’ (presumably parents) are ‘spending hundreds of millions of dollars of taxpayer money,’ that this ‘needs to be looked at,’ and that it’s (her) ‘responsibility to do that’ as Arizona’s ‘top law enforcement officer.’”
The coalition of eight legislators (Senators T.J. Shope, Sonny Borrelli, and Sine Kerr, and Representatives Travis Grantham, Leo Biasiucci, and Teresa Martinez – along with Petersen and Toma) share their alarm “that the state’s chief legal officer would make such outlandish claims that are refuted by Arizona law.” They write that “Numerous statutory provisions in the ESA laws expressly require accountability, oversight, and investigations when appropriate. See, e.g., A.R.S. § 15-2403 (requiring, among other things, the Arizona Department of Education to conduct or contract for ‘random, quarterly and annual audits’ of ESAs ‘as needed to ensure compliance’, authorizing the Department to remove parents or qualified students if they fail to comply with the contract or applicable laws, rules or orders, and enabling the State Board of Education to refer cases ‘of substantial misuse of monies’ and suspected cases of fraud to the Attorney General).”
Republican Superintendent of Public Instruction Tom Horne’s administration has been amenable to referring such cases of fraud or misuse of monies to the Attorney General as directed under law. In a tweet on March 1, the Arizona Department of Education responded to an account alleging misuse and / or fraud of ESA funds (in a post that has since been deleted), saying, “Please provide your relatives name, and we would like to refer her to Attorney General Kris Mayes. ESA dollars should only be spent on education.”
Please provide your relatives name, and we would like to refer her to Attorney General @KrisMayes. ESA dollars should only be spent on education. https://t.co/K88q32oTqN
— Arizona Department of Education (@azedschools) March 2, 2023
The Republicans warn Mayes that her rhetoric and threats are way beyond the statutory scope of her office, writing, “You have not cited a shred of evidence to suggest that either the Arizona Department of Education or the State Board of Education—both of whom you represent—have failed to comply with their statutory obligations, and there is no basis to believe that these agencies will disregard or refuse to follow the law in the future. And while you have a statutory responsibility to investigate matters that are referred to you, the Legislature did not authorize and does not condone the selective targeting or roving investigations of ESA parents.”
They also raise the issue of “ethics” that will be sure to catch the attention of the intended audience at Central Avenue and just north of McDowell. Over the past few years, then-Secretary of State Katie Hobbs weaponized the Arizona State Bar and ethics rules against then-Attorney General Mark Brnovich, her political rival at the time, giving a very low standard of precedent for a reprisal against the state’s newest prosecutor. Hobbs didn’t just file bar complaints against Brnovich; she leveled the charges at several attorneys in his office over political disagreements between the two. In their letter to Mayes, the legislators write: “Of course, Arizona’s Ethical Rules do not tolerate the initiation of criminal proceedings absent probable cause to believe that any parent has committed a crime. See Arizona Ethical Rule 3.8 (listing the special ethical responsibilities of a prosecutor). Further, it would raise ethical questions if a government attorney were to publicly insinuate that a current client is engaging in misconduct with no factual basis. See, e.g., Arizona Ethical Rule 1.7 (imposing a duty of loyalty to a current client).”
The lawmakers end their letter with an appeal for Mayes to conform with the expectations and values of their shared constituents across the state, stating, “Arizonans expect the state’s chief legal officer to refrain from engaging in politically-motivated pursuits, threats, or lawsuits, and to make public statements that align with Arizona law and the duties of your office.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Arizona Republican Legislators are laser focused on the issues that matter most to their state.
Earlier this week, the Joint Legislative Committee on Water Security met for its first meeting since being formed in April by Arizona Senate President Warren Petersen and House Speaker Ben Toma. The purpose of this committee was “to convene and solicit information from water users, stakeholders, and the public regarding state solutions to address water security in Arizona.”
According to a press release sent by the House Majority Communications on Wednesday, members of the committee met “to outline (the committee’s) goals for the ensuing months and to hear preliminary testimony on the most pressing issues facing Arizona’s water supply.”
✅FOR IMMEDIATE RELEASE✅
Joint Legislative Committee on Water Security Meets to Highlight Arizona’s Water Achievements & Find Potential Water Solutions.
— Arizona House Republicans (@AZHouseGOP) May 17, 2023
For this first meeting, the press release announced that the “committee heard presentations from the Salt River Project and the Water Infrastructure Finance Authority (WIFA) to get a better understanding of the current water outlook for the state, as well as the level of investments that Arizona has made and will be making in new water infrastructure over the next several years.”
WIFA’s Assistant Director, Chelsea McGuire, presented detailed information to the Committee “on the funds and options available to residents and communities to help improve water supplies and strengthen the water resources that Arizona communities and economies depend on.” The Water Conservation Grant Fund will provide up to $200 million to Arizona cities, towns, counties, irrigation districts, natural resource conservation district, and domestic improvement districts. There will also be up to $190 million in additional funds to “rural cities, towns, and counties located outside of the Phoenix, Pinal, and Tucson active management areas to develop projects that promote the replenishment, recovery, reclamation, and recharge of stormwater and groundwater in rural parts of the state.”
Both of the Committee’s Co-Chairs, Senator Sine Kerr and Representative Gail Griffin, issued statements after the meeting’s conclusion. Senator Kerr said, “Upon the Governor’s signature of a bill I’m working on this session, even more entities will be able to take advantage of the WIFA conservation dollars. We need an all-of-the-above solution for this critical issue that impacts all Arizonans. These investments in conservation programs and new water supply development projects will be pivotal as we continue to meet as a committee to address our state’s most pressing water challenges.”
Representative Griffin added, “We’re doing great things to help the State of Arizona and rural communities with water solutions. WIFA is making historic investments that will help us to save water and put more water back into the ground, especially in rural parts of the state. Local communities that want to take more control over their future water supplies should encourage eligible entities to take advantage of these tools.”
The Committee revealed its “next steps,” which include “scheduling future meetings to hear from experts on issues such as groundwater modeling, management best practices for urban and rural areas across the state and finding additional sources of water for Arizona communities.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Another election integrity bill has cleared the Arizona Legislature and is awaiting final action from Democrat Governor Katie Hobbs.
On Monday, HB 2560, sponsored by Speaker Ben Toma, passed out of the Arizona House of Representatives with a party-line 31-27 vote (with one Democrat not voting and one vacant seat). The proposal “directs the County Recorder to transmit to the Secretary of State to post on a secure website: a list of all registered voters before an election, a list of all persons who voted in the election, the unaltered images of ballots used to tabulate election results and the cast vote record in a sortable format.” The Senate then substituted SB 1324 with the House version Monday, giving the legislation the green light, 19-9 (with two Democrats not voting).
Earlier in the session, the bill had been approved by the House Municipal Oversight and Elections Committee along partisan lines (6-4).
The bill had previously garnered the support of Democrat Secretary of State Adrian Fontes and Republican Maricopa County Recorder Stephen Richer. On April 7, as he was about to mark his 100th day in office, Fontes’ office released a statement on the legislative proposal, writing: “Additionally, Secretary Fontes has been a strong proponent of SB 1324, a bipartisan piece of legislation concerning ballot imaging sponsored by former Secretary of State and current State Senator, Ken Bennett. An identical bill was introduced in the House as HB 2560. The bill, which is similar to legislation passed in other states such as Colorado, would allow people to compare ballot images to a cast vote record and would help restore confidence for some voters in our elections.”
Richer had issued a statement earlier in the year on February 13, saying, “Elections work when there is openness and transparency. SB 1324 does that by creating a system where each county recorder can inform voters before and after every election about who is eligible to vote while protecting voter confidentiality. All three – the list of eligible voters, the list of who voted, and the cast vote record – will be available to anyone who wants them. SB 1324 and Speaker Ben Toma’s legislation, HB 2560, contain similar language and will further strengthen our elections by enshrining the kind of transparency that can build public trust in our elections.”
After the bill received the go-ahead from the Senate on Monday, Senator Wendy Rogers tweeted, “Great effort to restore accountability in our elections.”
