In a rare split, nine Republican Senators voted Wednesday against a bill sponsored by a member of their own caucus, with one senator calling on Gov. Doug Ducey to veto the bill if it hits his desk.
Voters approved the one-half cent sales tax for transportation funding back in the early 1980s and again in 2004 as Proposition 400. It is set to expire at the end of 2025 unless voters approve an extension that will general billions over the course of the proposed new extension.
To understand the money at play, the Joint Legislative Budget Committee projects the current Maricopa County transportation tax will generate in $754 million in annual revenue in 2025 alone.
Senate Bill 1356 was introduced in January by Sen. Tyler Pace as the vehicle to get the choice in front of voters. It contains an emergency clause, so if signed into law by Gov. Doug Ducey then the extension option will appear on the 2020 General Election ballot.
Voters in Maricopa County would then have a chance to say aye or nay to another extension. They will also have a good idea for how the tax revenue would be spent during the next two decades thanks to a draft spending plan from the Maricopa Association of Government.
But it appears the rush to get the matter on the ballot this year was more of an objection to those senators voting against the bill than the extension itself.
For Sen. Michelle Ugenti-Rita, putting the matter before voters in 2022 does not make sense considering the sales tax extension can go on the 2024 ballot.
“We have some members that are requesting that we suspend the 18 cents gas tax,” she said in explaining her no vote. “We’re sending mixed messages. There’s no reason we need to do it now. We can do this in 2024.”
Ugenti-Rita pointed out that Republicans have been touting tax cuts the last several years and are now asking voters in Maricopa County to approve a tax increase that cannot be undone for 25 years.
“Coming up on an election, this is the worst thing Republicans can do, is mandate a historic tax increase be placed on the ballot,” she added while calling on Ducey to veto the bill if it gets that far.
Joining Ugenti-Rita in voting against SB1356 were Senators Nancy Barto, Sonny Borrelli, David Gowan, Vince Leach, JD Mesnard, Warren Petersen, Wendy Rogers, and Kelly Townsend.
For Mesnard, the inclusion of funding for “intolerable” light rail projects was the primary reason for his no vote even though he applauded Pace for the effort put into the legislation.
“The thing that I have just wrestled over is when I look now down 25 yeas in the future, what is transportation going to look like?” Mesnard said on the floor. “And so I have been uncomfortable with the idea that we would spend what I think is hundreds of millions, billions of dollars, on light rail.”
SB1356 also makes several changes to the distribution of the tax revenues, while modifying the budgeting process for the Maricopa Association of Governments which will have to create a Transportation Tax Plan. And it increases the tax period from 20 to 25 years.
Gowan explained his no vote is also tied to the inclusion of so much money for light rail projects, saying he thought the money would be better spent on the construction of freeways and maintenance of existing highways and streets.
“I think it is a better fit for those dollars that we would get for light rail to actually go into the roads…the highways that we all travel,” Gowan said Wednesday. “I do believe, no pun intended, it’s a bridge too far to go with the light rail. And that is why you see me voting no today, Madame President.”
SB1359 still passed out of the Senate on a 21 to 9 vote, securing the two-thirds votes required of an emergency clause. It has been transmitted to the House where its passage is not assured due to the two-thirds requirement of the 60 representatives.
Arizona lawmakers are currently living in “La La Land.” No, really. They want to dole out $150 million of your dollars to sign checks to woke Hollywood producers to literally California our Arizona.
SB1708, sponsored by Senator David Gowan, passed out of the Senate last week by a vote of 21-7. It provides a tax credit for a percentage of movie production costs: 15% for productions up to $10 million, 17.5% for productions between $10 and $35 million, 20% for productions over $35 million, and the opportunity for an extra 2.5% on top for positions held by Arizona residents, if the production is filmed in a qualified facility or primarily on location, or if it was produced in association with a long-term tenant in a qualified production facility.
The worst part—it’s refundable. This means that if Hollywood producers wipe out their tax liability to zero, the remaining tax credits come as a check from you, the taxpayer.
The Arizona Senate Education Committee passed a bill to ensure K-12 schools afford greater transparency to parents concerning the content and adoption procedures for curriculum and all other learning materials. The bill, SB1211, passed 5-3 along party lines. 20 states have introduced similar legislation; the Wisconsin legislature passed a similar bill last year but their governor vetoed it; most recently, the Indiana House moved another similar bill forward. However, no other state has the same legislative language as SB1211.
Specifically, the 14-page bill would require schools to post online in a searchable manner all learning material adoption procedures as well as the content organized by subject, grade, and teacher. The specified learning material covered requires readings, videos, audio, digital materials, websites, instructional handouts, worksheets, apps, assemblies, guest lectures, civics assignments or projects, and service learning projects. Any educational materials concerning nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex, gender, bias, action-oriented civics, service learning, or social and emotional competencies must be referenced in full online at least 72 hours before implementation. Materials outside that scope must be posted online within a week of their implementation and remain accessible on the site for two years. The bill also would require schools to allow all throughout the school day as well as a half an hour before and after school hours for textbook review prior to adoption.
Parents could seek redress for violations of this bill by first submitting a complaint to the school principal. If the principal doesn’t investigate and respond within 15 days, or the response doesn’t solve the issue satisfactorily, parents could submit a complaint to their school board. If the board doesn’t respond adequately or at all within 25 days, then parents may take legal action against the school’s governing body. No teachers would be subject to punishment.
State Senator Nancy Barto (R-Phoenix) insisted all she was introducing was a “simple […] common-sense transparency bill.” Barto clarified that the bill would allow parents a heads-up about what their children would learn.
“So many parents are so frustrated at not having access to what their children are learning in schools. There are so many things that are accessible online now, and curriculum needs to be one of them,” said Barto.
Parent after parent highlighted personal and local incidents concerning willful lack of transparency from their schools and districts. In addition to parents, the Arizona Coalition of School Board Members and Heritage Action for America showed up to support the bill. A handful of teachers, most of them masked, and the Arizona Education Association (AEA) spoke out against the bill. They argued that the bill would create an undue burden on teachers and districts, foster distrust and malcontent between parents and teachers, and even further reduce educational quality. The Arizona Charter School Association (ACSA) was also reportedly against the bill, according to State Senator Gonzales, but none of their representatives gave testimony before the committee on Tuesday.
The first to provide public commentary on the bill was none other than Nicole Solas — the Rhode Island parent sued by her state’s teacher’s union, the National Education Association of Rhode Island (NEARI) for her public record requests and represented by the Goldwater Institute, the Phoenix-based conservative public policy and litigative think tank.
Solas told the committee that her story was a cautionary tale of what occurs when a state doesn’t have academic transparency. Her story began when she requested information about the education her daughter would receive, and learned that the school taught about gender at every grade level in “age-appropriate ways,” as well as teaching five-year-olds on the first day of Thanksgiving what could’ve been done differently during the pilgrim’s Thanksgiving. When Solas attempted to ask more questions about the curriculum, her school told her to submit public records requests. After doing so, the school board of her district put her name on the agenda of a public meeting with a threat to sue her for her records requests.
Solas recalled how the five hour meeting was filled with public harassment and open debates on her moral character and motivations by the board members. Solas shared further that her district then hired a public relations firm to defame her in the national media. The local teacher’s union then decided to sue Solas for filing those records requests. Even after enduring all of that eight months later, Solas said her original requests have gone unanswered. All she received was outdated curriculum; the district told her she hadn’t asked specifically for the current curriculum.
“What they did to me was government abuse of power just because I wanted to know what was being taught,” said Solas. “This is a kafkaesque, bureaucratic problem with a very easy academic solution.”
It wasn’t just the blame from the district that presented a problem to Solas — it was the cost of the records requested. Solas insisted that the cost to districts to fulfill public records requests was unnecessary, and that public schools needed to be protected from squandering their education dollars.
“Pass this bill for public schools and you can save them from themselves. We need our education dollars to be spent on students, not on a petty stand-off between schools and parents,” said Solas. “These are the games they play with public records requests. Our children’s education is not a game.”
Majority Leader Rick Gray (R-Sun City) said Solas’ story was heartbreaking to hear, and expressed condolences for the plight of New Jersey’s children.
“They wanted to send a message that if you want transparency […] they will retaliate against you and punish you for asking for transparency,” relayed Solas.
State Senator Christine Marsh (D-Phoenix) asked Solas if New Jersey had a parental bill of rights similar to Arizona’s. She added that she didn’t understand what Solas’ issue had to do with Arizona schools. Solas said they don’t have anything like that in her state, and informed Marsh that the Phoenix-based Goldwater Institute is representing her for the lawsuit.
Goldwater Institute Director of Education Policy Matt Beienburg offered insight from Arizona teachers in support of the bill. He read a letter from Jessica, an English teacher, who described how she covered over 70 absences in one week and insisted on the bill because it provided an “easy safeguard” for creating a “workshop” between families and schools.
“This bill is pro-student, pro-parent, and pro-teacher,” asserted Beienburg.
State Senator Tyler Pace (R-) asked what a pragmatic solution would be, instead of this bill. Thomas said the best solutions would be at the local level. He said parents already had “a lot of tools” to get the transparency they need.
“The unintended consequence of this is that kids are going to suffer in that their interests aren’t going to be explored at any given instance during the day,” asserted Marsh.
Gray pressed AEA President Joe Thomas, who insisted that better answers were to be had, to give them a tangible solution. Thomas couldn’t. Instead he repeated that parents had the tools to investigate the curriculum themselves. Gray insisted that wasn’t enough of an answer.
“When we see this as a legislative body and this is brought to us, it is our responsibility to see what we can do to solve this problem. Ideally we would never get this problem here because the schools would take care of it,” responded Gray. “We don’t have any solutions from the education industry, but we clearly have problems from the parents.”
In closing public remarks, Beienburg cited how an AEA spokeswoman last year reported that she submitted curriculum materials regularly to her district officials for review.
“That’s indicative of the fact that this is doable,” said Beienburg.
Curriculum Transparency!@NancyBarto's SB1211 bill will be heard on Tuesday at 2PM!
SB1211 would make the curriculum materials available online for parents to view.
Give it a ? on RTS Come testify and support Contact the Senate Education Committee to encourage a YES vote
With the introduction of legislation this week in the Arizona House of Representatives to prohibit many public entities from using public funds to pay for ransomware attacks, AZ Free News recently spoke with Sen. David Gowan about the security of the Legislature’s own computer systems.
Gowan says that the dedicated IT staff of the Arizona Legislature have ensured that its system protections are up to date and meet or exceed industry standards. This would allow the legislative session to continue with little impact if hit with the type of ransomware attack suffered by the Virginia Legislature last month.
“Nothing is 100 percent guaranteed, but we try to figure it out before a hacker can,” he said. “And we have the ability to move forward and maneuver, even if we have to do some things on paper.”
The Dec. 10 ransomware attack on servers used by Virginia lawmakers led to the disabling of the legislature’s voicemail system, its budgeting portal, and the platform used to draft bills. Even access to the Virginia Constitution and state code normally accessible online had to be taken down after the attack, which one state official blamed on an “extremely sophisticated malware.”
For a short time the website serving Virginia’s Division of Capitol Police was also down but there was no report of impacts to critical functions.
Whoever hacked the Virginia Legislature’s system left a ransom note, although it did not include a ransom price nor due date, according to a senior staff member. It is the first reported cyber security attack on a state legislature, although at dozens of public entities across the country were hit in 2021.
Gowan is pleased that Arizona’s legislative staff has safeguards in place which will allow lawmakers to “quickly move forward with our work” if hit by an attack like Virginia experienced. He credits the fact that the legislature’s IT personnel conduct refresher training for lawmakers and staff about suspicious emails, which is the easiest way for a cyber attacker to get into a system.
There is also frequent spot checks of the legislature’s systems. And it helps, Gowan noted, that Arizona has one of the nation’s premiere cybersecurity programs, with the Arizona Department of Homeland Security, the Arizona Department of Public Safety, and the Department of Emergency and Military Affairs all major players, along with local and federal agencies.
Two controversial bills recently introduced by a state representative would make significant changes to Arizona’s laws related to cyberattacks. One would tie the hands of public officials in responding to a ransomware attack, while the other seeks to require anyone who does business in Arizona to report a computer security breach or face a civil penalty from the Arizona Attorney General’s Office.
HB2145 would bar the State and any political subdivision of the state (such as a county, city, town, or school district) from making ransomware payments to secure the release of data. It would also require immediate notification of such an attack to the Director of the Arizona Department of Homeland Security.
Meanwhile, HB2146 would mandate anyone who “conducts business in this state and that owns, maintains or licenses unencrypted and unredacted computerized personal information” to report any security system breach to the Director of the Arizona Department of Homeland Security within 45 days.
A willful violation of the notification statute could lead to a civil penalty of up to $500,000, according to the bill.
Governor Doug Ducey today signed a bipartisan relief package to support firefighters and safety officials as they battle wildfires, ensure Arizona communities have the resources necessary for post-fire disasters such as flooding and reduce the risk from future wildfires.
The $100 million package passed with strong bipartisan support during a legislative special session called by the Governor after a visit to the Telegraph and Mescal Fires last week.
“We are in the midst of another catastrophic wildfire season, and it’s clear that we need to do more to fight these wildfires,” said Governor Ducey. “Many Arizona communities have already felt the impacts of this year’s wildfire season — people and pets have been displaced, homes have burned down, swaths of land have been decimated. I’m grateful that we were able to quickly come together in a bipartisan manner for the safety and protection of our communities. My thanks goes to our first responders working tirelessly to combat these fires, local and state agency leaders for their leadership during this time, and the legislators who worked across the aisle to get this bill passed.”
The wildfire relief package was led by a bipartisan group of legislators representing both rural and urban Arizona, including House Speaker Rusty Bowers, Representative Gail Griffin, Representative David Cook, House Minority Leader Reginald Bolding, Senate President Karen Fann, Senate President Pro Tem Vince Leach, Senator Sine Kerr and Senate Minority Leader Rebecca Rios.
House Bill 2001 includes:
$24.6 million for a partnership between the Department of Forest and Fire Management and the Arizona Department of Corrections, Rehabilitation and Reentry to reduce wildfire risk to Arizona communities by removing fire-prone vegetation; and
$75 million for fire suppression efforts, recovery efforts including post-fire floods, economic assistance for those displaced, and assistance to landowners for emergency repairs to infrastructure damaged by wildfires.
“Thank you, Governor, for allowing us to work together, and thank you, Minority Leader Bolding and Leader Rios, for your help on an issue where we can come together for a common goal,” House Speaker Rusty Bowers said. “People who aren’t Republicans or Democrats – they’re just our friends and people.”
“I look forward to partnering with my colleagues on continuing bipartisan success because wildfires don’t care which party you belong to,” said Senator Sine Kerr, who introduced House Bill 2001’s mirror legislation in the Senate.
Arizona is currently in the midst of fire season, having already experienced 918 wildfires burning over 245,000 acres this year. The Telegraph Fire visited by the Governor last week is currently the sixth-largest wildfire in state history.
“There is no question that there was an enormous need to dedicate as many resources as possible to fight the currently active wildfires as well as to prevent future ones from occurring,” Senate Minority Leader Rebecca Rios said. “I applaud the governor for calling a special session to address this extraordinary wildfire season. This was clearly a major issue that needed immediate attention, and I’m grateful for Governor Ducey’s action in bringing bipartisan leadership to work together to address this critical need.”
“We must do what we are doing today to react to this emergency, but we must also do everything in our power to mitigate the crisis for future generations – and we must do that together,” House Minority Leader Reginald Bolding said. “Thank you again, Governor Ducey. My colleagues in both the Republican caucus and our caucus stand ready to work together and ready to move forward.”
The Governor was also joined by Department of Forestry and Fire Management Director David Tenney, Department of Emergency and Military Affairs Director and Adjutant General Kerry Muehlenbeck and Gila County Supervisor Steve Christensen.
“I’d like to thank the Governor for calling this special session on behalf of Gila County and rural Arizona,” said Gila County Supervisor Steve Christensen. “The leadership in Gila County says thank you for being an advocate for Arizona. I’d like to extend my thanks to the Legislature and their willingness to work in a bipartisan way.”
On June 9, the Governor issued two Declarations of Emergency in response to the Telegraph and Mescal Fires in Pinal and Gila Counties. The orders made up to $400,000 available for response efforts, and followed a request to the Federal Emergency Management Agency (FEMA) for a Fire Management Assistance Grant on June 6.
In March, the Governor signed Senate Bill 1442 to prevent wildfires by allowing for additional partnerships to employ Arizona inmates to clear forests of debris. The legislation aligns with the Arizona Healthy Forest Initiative proposed in the Governor’s budget which builds on proven methods to protect communities, while engaging individuals in state correctional facilities to equip them with new skills and reduce recidivism.
