On Monday, the Arizona Senate Appropriations Committee approved reusing last year’s budget for the coming year, citing concerns over the current poor state of the economy.
The budget bill, SB1523, passed along partisan lines, 6-4. The Republican majority of the committee insisted that this budget structure was a fiscally wise move, while the Democratic minority claimed that Republicans were merely unwilling to negotiate with them.
Gov. Katie Hobbs criticized the budget as a “do-nothing” plan.
Republican legislators wondered whether Hobbs would close government-funded entities to obtain her ideal budget.
“[W]ill she veto the budget and threaten the possibility of closing our schools, law enforcement agencies, and health care services?” asked House Majority Leader Leo Biasiucci (R-LD30).
During Monday’s Senate Appropriations Committee meeting, Democrats alleged that Republicans weren’t concerned about the economy. Rather, they said that their budget reflected a refusal to work with either them or Hobbs.
Senate Minority Caucus Chair Lela Alston (D-LD05) called the budget a “phony bill,” a “power grab,” and a “Ducey budget” that avoided negotiations with Hobbs and Democrats. State Sen. Priya Sundareshan (D-LD18) claimed it was disrespectful to not give them more notice. The legislators received the bill on Monday evening. Sundareshan implied that last year’s Democratic legislators were only satisfied with the budget because they had several different Democrats in the legislature and didn’t have a Democratic governor in power.
“I understand that this budget may have been modeled after a bipartisan one last year, but that does not reflect the reality on the ground today. We have different legislators in the legislature today, we have a different governor, we have different circumstances on the ground,” said Sundareshan.
State Sen. John Kavanagh (R-LD03), the committee chairman, countered Democrats’ claims that the budget was sprung upon them suddenly Monday evening. Kavanagh said that they had plenty of notice of budget proceedings over the past month.
“It wouldn’t be a phony budget to the state employees, to those who rely on state monies come July when government shuts down. To them, this wouldn’t have been a phony budget, this would’ve been a lifesaver budget, including schools and teachers,” said Kavanagh.
State Sen. Anthony Kern (R-LD27) said that the budget was “skinny” and “responsible” since the state and nation are living in times of economic uncertainty. State Sen. Jake Hoffman (R-LD15) concurred. He questioned why Hobbs would veto the budget when she knew how a Republican-led legislature would structure the budgets in response to their constituents.
“We are going into times of economic uncertainty, and this budget is going to keep the lights on,” said Hoffman.
Senate Democrats criticized the budget for being too similar to last year’s version. However, last year the caucus praised the budget as a “historic and rare opportunity” for schools.
In a press release following the Senate Appropriations Committee advancing their version of the budget, House Minority Leader Andrés Cano (D-LD20) claimed that Republicans were “afraid” of Hobbs, and needed to “grow up.” Similarly, Senate Minority Leader Raquel Terán (D-LD26) said that Republicans needed to “act their age” to improve the budget.
Following the Senate advancing its version of the budget, House Republicans introduced their version on Tuesday. State Rep. David Livingston (R-LD28) expressed confidence that all 13 of his introduced budget bills would pass during Wednesday’s House Appropriations Committee meeting, which he chairs.
In a press release, Livingston called Hobbs’ budget plan an “irresponsible,” “left-wing” wish list.
“In this time of political division and economic uncertainty, that won’t work for Arizonans, and it won’t pass at the legislature,” said Livingston.
The Joint Legislative Budget Committee (JLBC) report of the budget forecasted $17.6 billion in ongoing revenue for the upcoming fiscal year, nearly $15 billion in ongoing expenditures, and nearly $858,000 in one-time expenditures.
The budget includes $183 million in one-time funding for building renewal grants, $78 million from the state general fund for a one-time deposit in the new schools facility fund, and $200 million from the state general fund for the superintendent.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Devastating. That’s how it felt earlier this week when the Arizona Supreme Court upheld the trial court’s ruling in Arizona School Boards Association v. State of Arizona. This decision strikes down critical reforms contained in a series of Budget Reconciliation Bills passed by lawmakers and signed by Governor Ducey earlier this year.
And it’s a big blow to the people of Arizona.
This past July, Arizona lawmakers took important steps to protect our state from more COVID mandates and government overreach. Among the laws passed were bans on:
A county, city, or town from issuing COVID ordinances that impact private businesses, schools, churches, or other private entities, including mask mandates.
K-12 schools from requiring vaccines with an emergency use authorization for in-person attendance.
The state and any city, town, or county from establishing COVID vaccine passports or requiring COVID vaccines.
Public universities and community colleges from mandating COVID vaccines and vaccine passports.
A city, town, county, school board, or charter school from mandating students and teachers to be vaccinated or wear masks.
But COVID wasn’t the only thing these Budget Reconciliation Bills addressed.
Earlier this month the Arizona Supreme Court agreed with a lower court’s ruling that parts of 4 of the 11 budget bills signed into law by Gov. Doug Ducey this summer are unconstitutional on procedural grounds. The reaction from business owners and community leaders was swift, with many left wondering when and how lawmakers will address the dozens of provisions dropped from those budget bills.
Among those provisions was a prohibition on a county, city, or town from issuing COVID-19 ordinances that impact private businesses, schools, churches, or other private entities, including mask mandates. Other prohibitions would have kept K-12 schools from requiring vaccines with an emergency use authorization for in-person attendance and ensured public universities and community colleges could not mandate COVID vaccines and vaccine passports.
The Arizona Free Enterprise Club (AFEC) describes the Justices’ recent opinion as “devastating” and “a big blow to the people of Arizona.” The organization has drawn attention to the uncertainty and frustration across Arizona at a time when the pandemic impacts are still being felt in the state’s economy, and as individual freedoms are under attack.
As a result, the AFEC is leading the call for the Arizona Legislature and the Governor to immediately address the critical reforms that the Supreme Court struck down.
“They must exhaust every option possible, including special session, to protect Arizonans from more COVID mandates and the bigoted teachings of Critical Race Theory,” according to AFEC. “But make no mistake, while this ruling is devastating, it will not stop the battle over these critical issues. There’s just too much at stake. Because if the uncertainty and frustration caused by these issues are allowed to continue, it would be the most devastating news of all.”
This past July, Arizona lawmakers and Governor Ducey did the right thing. Through a series of Budget Reconciliation Bills, they took important steps to protect the people of Arizona from more COVID mandates and to prevent children from being indoctrinated in public schools by Critical Race Theory.
While COVID was certainly an issue that warranted some action, it never should have included trampling on the rights of the people. And we definitely should not be wasting tax dollars on lessons that teach public school students that one race, ethnic group, or sex is in any way superior to another.
Not surprisingly, these laws sent teachers’ unions into a tailspin. As students headed back to campus, some Arizona schools decided to teach students that it’s ok to violate the law. And the Arizona Board of Regents recently announced that all three state universities will require their employees to be fully vaccinated against COVID-19 by December 8.
The Arizona Supreme Court will not decide until at least Friday afternoon whether to allow Attorney General Mark Brnovich to bypass the normal appeal process with his challenge to Monday’s ruling by a Maricopa County judge who found dozens of new laws or amendments to existing laws unconstitutional.
Until then, the status quo remains in place, according to Justice Ann Scott Timmer, who signed an order Wednesday denying the attorney general’s emergency motion to stay the Sept. 27 ruling by Judge Katherine Cooper. The decision to deny the requested stay was made after Timmer conferred with five other justices, she noted in the order.
Among other things, Cooper’s ruling means school districts and charter schools can mandate mask wearing, state universities cannot require COVID-19 vaccinations as a condition of in-person attendance, and teachers cannot be sued for organizing walkouts, based on the judge’s finding that all or part of four budget reconciliation bills (BRBs) signed by Gov. Doug Ducey violate the Arizona Constitution.
According to Cooper, the constitution requires the title of each legislative bill to properly identify a single subject matter, so unrelated provisions are not combined into one bill. But the attorney general calls Cooper’s ruling “legally erroneous” and argues the four BRBs are constitutional.
“Each of the provisions contained therein relate directly or indirectly to the subject of the title. And each of the provisions contained in SB 1819 are germane to the subject contained in its title—state budget procedures,” the State argues in the petition for transfer to case from the Arizona Court of Appeals and directly to the Supreme Court.
Such a transfer is warranted due to the impact of Cooper’s ruling which nullified 58 provisions of state law slated to take effect Wednesday, according to the petition.
“The trial court’s ruling carries significant implications for the operation of state government and the State will continue to suffer harm if the trial court’s ruling is not swiftly overturned, allowing the challenged provisions to immediately go into effect,” the petition states. “Extraordinary circumstances exist here and warrant immediate Supreme Court review.”
The court of appeals has set deadlines for briefing in its court just in case the Supreme Court denies the transfer. However, legal observers told AZ Free News that bypassing the court of appeals would be in the interest of judicial economy, as whoever loses there will immediately petition for review to the Supreme Court.
Timmer gave the various plaintiffs until 5 p.m. Thursday to respond to the State’s petition to transfer the appeal out of the Arizona Court of Appeals. The State’s attorneys then have until 3 p.m. Friday to file an optional reply.
The attorney general’s petition also proposes a series of deadlines for filing additional briefings if the justices grant the transfer. Those deadlines would keep the new laws and amendments on the sidelines until at least Oct. 18.
Effected by Cooper’s title / single subject ruling are Sections 12, 21, and 50 of HB2898 (K-12 Education), Sections 12 and 13 of SB1824 (Healthcare), and Section 2 of SB1825 (Higher Education). She also ruled the entire 55 pages of SB1819, the Budget Procedures bill, void due to the same violation.