by Daniel Stefanski | Jan 21, 2024 | News
By Daniel Stefanski |
A surprisingly controversial bill from 2023 cleared its first hurdle this week at the Arizona Legislature.
On Wednesday, HB 2042 (“The Tamale Bill”), sponsored by Representative Travis Grantham, passed the House Regulatory Affairs Committee with a 6-0 vote. According to the overview from the Arizona House, this bill would “expand the foods that meet the exemption for cottage food products if requirements are met, and establish program guidelines and requirements.”
The Arizona Department of Health Services (AZDHS) oversees the cottage food program. Its website states this program “allows individuals to make homemade products that are neither potentially hazardous nor Time or Temperature Control for Safety Foods, and offer them for commercial sale.” According to AZDHS, the law was amended twice – once in 2011 and another in 2018. The 2011 change “allow[ed] residents to produce non-potentially hazardous baked and confectionery products in their homes and offer them for commercial sale within the state.”
In a statement to AZ Free News, Grantham said, “I’m glad it passed committee unanimously and I hope the governor will sign it into law this time.”
Grantham’s reference to the governor’s future action harkens back to the 2023 legislative session, when Katie Hobbs vetoed the bill after overwhelmingly bipartisan support in both the House and Senate. In her April 18th veto letter to Speaker Ben Toma, Hobbs gave several reasons for her decision, including that the proposal “would significantly increase the risk of food-borne illness by expanding the ability of cottage food vendors to sell high-risk goods.” After the governor’s veto, the Arizona State Legislature attempted to override the action, but fell five votes short in the House of Representatives.
The President of the National Hispanic Caucus of State Legislators (NHCSL), Nellie Pou, wrote a letter to Senate President Warren Petersen and Speaker Toma after Hobbs’ decision last year, supporting the “efforts to override the Governor’s veto.” Pou expressed disappointment in Hobbs’ veto, writing, “By signing this bill, the Governor had an opportunity to support the Hispanic community and personal freedom that should be accessible to everyone. Our community should not fear legal repercussions for selling their homemade foods.”
Democrat State Representative Alma Hernandez also made clear her disappointment over the spring 2023 veto. Hernandez said, “As a public health professional, I am VERY disappointed to see that a bipartisan bill allowing Arizonans to make an honest living by selling things like tamales, tortillas, and sweets legally was vetoed by Gov. Katie Hobbs. It makes no sense.”
After Senate Democrats released a statement to announce that they would not provide “the required votes needed to override” the governor’s veto of the bill, Arizona Republic columnist Laurie Roberts took the legislators to task, saying, “Senate Democrats’ change of heart on the tamale bill isn’t about protecting the people from imagined illness. It is all about protecting a governor from embarrassment.”
Hobbs may now get a second chance at “redemption” if the bill were to clear both chambers for the second year in a row. The 2024 version does include some changes in hopes that the Governor’s Office will be more receptive this time around.
Representatives from the Institute for Justice – AZ Chapter, Barry Goldwater Institute for Public Policy Research, Arizona Free Enterprise Club, Arizona Craft Producers, North Phoenix Chamber of Commerce, and Americans for Prosperity – AZ, indicated their organizations’ support for The Tamale Bill as it commences another legislative journey. The Arizona Restaurant Association remains neutral on the proposal.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Apr 26, 2023 | News
By Daniel Stefanski |
A controversial veto from Arizona’s Democrat Governor failed to garner the necessary votes for an attempted override from the state legislature.
On Tuesday, the Arizona House voted on the question of whether to override Governor Katie Hobbs’ veto of HB 2509, which was originally sponsored by Representative Travis Grantham. The proposal dealt with the sale and preparation of cottage food – and was coined as the Tamale Bill after the increased exposure due to the governor’s action.
The veto override failed to pass by five votes with a vote of 35-23, with one member not voting (Representative Shah) and one seat vacant.
Earlier this session, HB 2509 garnered 52 votes when it first passed the Arizona House, and 26 votes in the Senate, which amended the bill and sent it back to the House. The bill then obtained final clearance from the House with 45 votes before being transmitted to the Governor’s Office.
After the vote, Senator T.J. Shope released a statement, expressing his disappointment in the inability of the House to do its part to override the veto, saying, “Sadly, the men and women making an honest living by selling homemade foods, like tamales, will continue to be criminalized for doing so because of @GovernorHobbs vetoing HB2509 and a majority of Democrats who previously voted for the bill, refusing to override her veto in the House. I’m proud of the five Democrats who joined all 30 @AZHouseGOP members in the veto override attempt. What can be said of the others who originally voted YES on the bill and then chose to be cowards in the face of pressure from the Governor? As my mom & nana would say, ¡Qué vergüenza!”
The bill’s sponsor, Grantham, told AZ Free News, “It’s sad to see Democrats pick special interests and the Governor over their constituents. The vote was 52-8 one week ago and today the veto override failed. We only needed 40 votes. I’m heartbroken for the cottage food preparers who aren’t going to be allowed to exercise their basic freedoms because of partisan politics being played by this Democrat governor and her supporters in the house.”
Both supporters and opponents of the override held dueling press conferences outside of the House chamber earlier in the day in an attempt to control the narrative over the fate of the bill. The Arizona Senate Republican Caucus tweeted, “Men and women making an honest living by selling homemade foods, like tamales, should not be criminalized for doing so. This bipartisan group of lawmakers is calling on their colleagues to override Hobbs veto of HB2509 today, which passed out of both chambers with supermajority support. Any Democrats who change their vote today are doing so to save Hobbs from embarrassment, and not because they want to do the right thing for their constituents.”
And the Arizona Senate Democrats Caucus sent out a tweet to highlight its press conference in opposition to the override: “HAPPENING NOW: Senator @ahernandezfor24 stands with Legislative Democrats to give Arizonans real solutions. “The individuals currently pushing this surface level narrative don’t care about the families making tamales or traditions that my community hold close to the heart. If they did, they would have backed policy made IN Arizona FOR Arizona.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Apr 25, 2023 | News
By Daniel Stefanski |
Arizona legislative Democrats are facing increasing pressure over Democrat Governor Katie Hobbs’ shocking decision to veto an overwhelmingly bipartisan bill – and an upcoming vote this week to override that veto in both chambers.
On Sunday, the National Hispanic Caucus of State Legislators (NHCSL) wrote a letter to Senate President Warren Petersen and House Speaker Ben Toma, announcing their support for HB 2509 and for legislators’ “efforts to override the Governor’s veto.”
Last week, Governor Hobbs vetoed HB 2509, sponsored by Representative Travis Grantham, which deals with the sale and food preparation of cottage food – and now known as the Tamale Bill.
In her veto letter to the Arizona Legislature, Hobbs explained the reasoning behind her decision, writing, “This bill would significantly increase the risk of food-borne illness by expanding the ability of cottage food vendors to sell high-risk foods. It fails to establish sufficient minimum standards for inspection or certification of home-based food businesses, and could limit the ability of ADHS to investigate food-borne disease outbreaks. Nor does it provide a strong enough mechanism to ensure home kitchens are free of hazardous chemicals, rodent or insect infestation, or that equipment and storage of temperature-sensitive foods are adequate.”
Hobbs’ veto immediately drew bipartisan outrage, and legislative leaders plotted the path forward for veto overrides for this proposal. HB 2509 garnered 52 votes when it first passed the Arizona House, and 26 votes in the Senate – which amended the bill and sent it back to the House. The bill then obtained final clearance from the House with 45 votes before being transmitted to the Governor’s Office.
In her letter to the Arizona Legislature, NHCSL President Nellie Pou wrote, “For many Hispanic populations, selling homemade food is a family tradition passed down from generation to generation. Many low-income Americans need it to supplement their income in the face of disparities. It is a way to break the cycle of poverty. Today’s homemade food producers are tomorrow’s restaurant or nationwide prepared foods business owners….In Arizona this is especially important due to the significant Hispanic population and even more important to those who qualify under DACA or asylum seekers who have limited options when it comes to work.”
The NHCSL President did not hold back on Hobbs’ veto of this bill, saying, “By signing this bill, the Governor had an opportunity to support the Hispanic community and personal freedom that should be accessible to everyone. Our community should not fear legal repercussions for selling their homemade foods and we urge Arizona Legislators to do what is right and override her veto.”
As of now, it does not appear like the Legislature has enough votes to override the Governor’s veto on HB 2509. Even after providing a significant number of votes in both the House and Senate to send this legislature to Hobbs’ desk in the first place, Democrats have been reticent to sign on to the attempts to reverse the governor’s decision. Last week, the Senate Democratic Caucus issued a joint statement from its leadership team, announcing that “Senate Democrats will not be providing the required votes needed to override Governor Hobbs’ veto of HB 2509.”
The Senate Democratic leadership team added, “The bill, which we recognize has some benefits, also has some concerns brought forward by health advocates after the final vote. Our promise to Arizona is that we work to enact the best policy to protect consumers and sellers. As a Caucus, we stand ready to work with stakeholders to craft a bill, which could still be considered this session if Republican Leadership demonstrated that it is serious about addressing this issue. We were elected to solve the problems that are facing Arizonans daily, not to engage in political power struggles. It is our duty to serve the people and ensure that their voices are heard, and we are committed to fulfilling this responsibility with the utmost sincerity and diligence.”
The change of heart from some Senate Democrats who previously voted for the bill has not been lost on other neutral observers. Arizona Republic columnist Laurie Roberts wrote Monday that she doesn’t buy the statement released by the Senate Democrats’ leadership team, saying, “Senate Democrats’ change of heart on the tamale bill isn’t about protecting the people from imagined illness. It is all about protecting a governor from embarrassment.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
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