The Round Up: A Clash Between Chambers
ABOR shakeup, Israel, the border, homelessness, water — and so much more.
In another busy week for state leaders, members of both parties focused on a wide array of issues including immigration reform, university funding, heat preparedness, and water management, among others. While these issues have served as key priorities for Republicans and Democrats during 2024, the last two weeks have borne witness to an intensified focus as the last day for hearings is March 22, and the legislative session ends April 16.
Moving into this week’s legislative priorities, tensions have arisen not between parties, but between chambers. The state Senate voted last week to deny the House’s request to adjourn for a proposed March 7-12 trip to Israel. This bipartisan trip, which would see 17 House lawmakers meet with the families of hostages from Hamas’ October 7 attack, requires Senate permission as it lasts longer than the normal three days. Those opposed to the trip – including Senator Anthony Kern – have cited the importance of lawmakers remaining in the state while the legislature is in session. Despite intra-party disagreements, Speaker of the House Ben Toma has discussed the potential for a “legal workaround” to avoid the need for Senate approval.
Immigration Bills
Last week, Senate Republicans celebrated House passage of SB 1231, the Arizona Border Invasion Act. The legislation, which would “[m]ake[] it unlawful for a person who is an alien (unlawful immigrant) to enter Arizona from a foreign nation at any location other than a lawful port of entry,” was passed by the House with a 31-28 vote. Specifically, the bill would codify into law “three border-related crimes with subsequent punishments.” As it already passed the Senate on February 21, the legislation now awaits a decision from Governor Hobbs.
In addition to SB 1231, House Republicans have also pursued a resolution that would “[s]ubmit[] a proposition to the voters relating to employment and the use of the E-Verify program.” Speaker Ben Toma’s HCR 2060 would require municipalities, counties, state agencies and licensing agencies to “verify that an adult recipient is lawfully present in the United States under federal law by using the E-Verify program before enrollment in a public welfare program unless state law declares a person without lawful immigration status is eligible for the financial aid or benefit.” The resolution passed the House by a 31-28 vote late last month, and now awaits action in the Senate.
Following Republican passage of the immigration legislation, Governor Hobbs called the measures “anti-business and anti-immigrant.” Further, Hobbs labeled HCR 2060 as “a desperate, partisan attempt to circumvent the legislative process.”
Governor Hobbs: “Every Arizonan is frustrated by the federal government’s failure to secure our border. But passing job-killing, anti-business bills that demonize our communities is not the solution. Instead of securing our border, these bills will simply raise costs, hurt our farmers, put Arizona entrepreneurs out of business, and destroy jobs for countless working class Arizonans. I have taken action to help communities on the border, supporting law enforcement with tens of millions of dollars to keep our communities safe, mobilizing the National Guard, and stopping street releases of migrants. The answer to securing the border is more resources for border patrol and law enforcement in these communities, not job killing, anti-immigrant legislation meant to score cheap political points.”
Senator Janae Shamp: “Arizonans want and deserve safe communities, but the invasion at the border has led to countless fentanyl overdoses, rapes, murders, human smuggling, child sex trafficking, high-speed chases, subsequent deadly car crashes, and other heinous crimes that are forever transforming our state and the lives of our citizens right before our eyes. Governor Katie Hobbs has declared on numerous occasions her disapproval for the lawlessness caused by the federal government's open border policies and her desire to take action to protect our citizens. This legislation is exactly what our local law enforcement needs and has asked for to rein in the dangerous criminal activity that's being thrust upon law-abiding Arizonans by the Biden Administration. The Legislature has done its job. Now is her chance to protect the citizens of Arizona by signing this bill into law, so that we can take the handcuffs off of our law enforcement and allow them to do their job."
University of Arizona’s Finances
As the University of Arizona (UA) continues efforts to course-correct amid mounting financial troubles, Governor Hobbs expressed displeasure with University leadership. In a statement, Hobbs criticized the Arizona Board of Regents (ABOR) for “fail[ing] in their oversight role,” and subsequently labeled university leadership as “clueless [] to their own finances.” Further, Hobbs wrote that ABOR members “appear more concerned with saving face than fixing the problems they created.”
Just several days after the release of Hobbs’ statement, ABOR chair Fred DuVal and Executive Director John Arnold announced their intentions to step down in their roles (at least temporarily). While DuVal will remain with the board until his term’s expiration in 2026, Arnold is taking a leave of absence following the heightened levels of scrutiny. According to a statement made yesterday by ABOR Chair Elect Cecilia Mata, University of Arizona President Robert Robbins will have his salary reduced by 10%. Additionally, ABOR is moving to remove Robbins’ “individual at-risk and multiple year performance compensation.”
In response to the pending situation, Senate Republicans supported legislation to “ensure transparency and free speech protections” at Arizona’s public universities. SB 1304, which passed the Senate with a 16-12 vote, would require both ABOR and each community college district governing board to “adopt an enforceable free expression policy and require[] the policy to specify that students and faculty may assemble or engage in expressive activities without penalty or retaliation.” Also, the bill would require “each academic unit to prominently post outlined information, including the name and syllabus of each course, to its website.”
Governor Hobbs: “At some point, enough needs to be enough, and that time is now. People's livelihoods are at risk. College affordability is under threat. The state and the University of Arizona have suffered immense reputational damage as a result of this crisis. This lack of accountability and continued scapegoating can no longer continue. I am demanding an in-person meeting with ABOR leadership and President Robbins immediately where we will discuss next steps.”
Senator Anthony Kern: “It's clear state resources have been previously used to inhibit students' fundamental rights to freedom of speech and expression on public university campuses. It's our obligation to ensure Arizona's public universities protect ALL students and that professors are not shut down or kicked out for having conservative views. We also need to make sure ABOR is actually doing its job.”
Heat Preparedness Plan
Last Friday, the Governor’s Office announced a comprehensive plan intended to increase the state’s ability to respond to periods of extreme heat. Governor Hobbs’ heat preparedness plan comes as part of an Executive Order issued during her first summer in office, and is the result of “months of consultation and collaboration with a variety of stakeholders across industries and jurisdictions.” Mainly focused on four key categories – Safe, Affordable Housing; Adapting and updating emergency response; Cooling Center Network improvements and support recommendations; and Data sets, knowledge, and workforce development – the Governor’s plan “underscores the need for action,” and subsequently details “both near and long term recommendations to address extreme heat in Arizona.”
To oversee the plan’s implementation, Hobbs is set to establish the nation’s first Chief Heat Officer position. In this role, the Officer would “coordinate heat-specific efforts between agencies on shelter, energy, health, and disaster response.” Similarly, Hobbs announced her intention to “focus on supporting and improving cooling center networks” by creating a statewide cooling center coordinator job. As part of these efforts, the Governor will “deploy additional cooling centers, including six solar-powered mobile cooling units” in the short-term.
Also as part of the announcement, Governor Hobbs wrote to the state’s congressional delegation regarding the “historically unequal allocation” of federal Low Income Home Energy Assistance Program (LIHEAP) funds to Arizona. In the letter, Hobbs requested action from the lawmakers on this “critical issue” to “support low-income families who need to weatherize their homes.”
Governor Hobbs: “What I heard time and again, from everyday Arizonans was that our state’s old approach was not enough. As a social worker who has dedicated my life to protecting everyday people, I knew we had to take action. Arizona is no stranger to the heat, yet we have always risen to the challenge, protected our neighbors, and built a sustainable and thriving state. This time will be no different.”
Director of the Governor’s Office of Resiliency Maren Mahoney: “It’s critical that Arizona build a sustainable and resilient state. I’m proud to lead this effort across state agencies and in partnership with various sectors, including health and human service providers, the business community, and scientific experts to protect everyday Arizonans and ensure we have the tools we need. Together, I know we can tackle the challenges that lay ahead of us and build a thriving state.”
Groundwater Legislation
Following “months of collaboration and compromise among lawmakers, farmers, ranchers, miners, power producers, landowners, municipalities, commercial entities, and industrial stakeholders,” Arizona Republicans announced the Senate passage of SB 1221. According to their release, the legislation would “allow[] citizens to initiate, form, and man[a]ge groundwater basins, while preserving their local economies.” Should communities located in Basin Management Areas (BMAs) “desire further water regulation,” the legislation grants voters the ability to “upgrade the designation to an Active Basin Management Area and elect members to a council to carry out their goals.”
Senate Majority Whip Sine Kerr: “From agriculture to commercial, and every industry in between, SB 1221 reflects the voices of our citizens from all across Arizona and empowers rural communities to take charge in safeguarding our most precious resource for generations to come. Our farmers and ranchers, who've cultivated Arizona land for decades, are some of the best stewards of water, as their livelihoods rely upon conservation. Their wisdom was critical in creating this policy. Because of a history of forward-thinking collaboration on water management demonstrated in Arizona, we use less water today than we did four decades ago, and I'm confident this tool will allow our state to continue on this trajectory. I look forward to watching this bill evolve as it continues its journey through the legislative process, and I'm urging the Governor to sign it."
Common Sense Institute (CSI) Homelessness Report
Last week, the Common Sense Institute (CSI) Arizona released a report assessing the state’s approach to its homelessness problem. In their findings, CSI estimated that Arizona has spent between $933 million and $1.1 billion annually on “shelter, treatment, food, and other support services” for the more than 14,000 homeless individuals, as well as the almost 10,000 Arizonans estimated to be in Permanent Supportive Housing. Despite these levels of spending – which translate to an expenditure level “between 88% and 284% of the median annual rent for a home or apartment in the Greater Phoenix area” – CSI notes that “the homeless population has not only failed to diminish over the past decade but has, in fact, increased in size.” On an annual basis, CSI estimates that the state government and nonprofit providers spend roughly $22,159 to $70,203 per person to combat homelessness, while “per pupil education spending is $14,673.” Specifically, the CSI report included the following highlights:
“Over the last three years, Arizona’s homeless population has increased nearly 30%. Today, there are approximately 24,000 (Estimate 2, Appendix B) people in Arizona either homeless or in permanently subsidized housing intended for those who would be homeless but-for the support (‘housing first’). This estimate may also underestimate the true total homeless population. Experience gathered by CSI Colorado for a similar homeless report suggests that true populations may exceed PIT counts by a factor of 2.5.
The unsheltered homeless population nearly tripled between 2014 and 2023, while the population dependent on Permanent Supportive Housing (PSH) programs grew by a third. Some data suggests that growing resources and a focus on providing housing at any cost have not only failed to reduce the homeless population but may have exacerbated problems sheltering the most vulnerable, including any transitory population and the HUD Category 1 ‘literally homeless’ not in permanent units.
Homelessness-related service providers are a growing industry. In Arizona today, CSI has identified at least 167 nonprofit and public entities spending an estimated $933 million to $1.1 billion per year directly combatting homelessness – or up to $47,200 per homeless person, every year. Homelessness-related services now employ the equivalent of 9,000 people. Including another 42,000 part-time volunteers, this industry would be roughly the size of the state’s entire mining and logging sector in terms of annual workhours. Put another way, homelessness spending exceeds half the gross domestic product (GDP) of the entire farming industry in the state.
A record 7,600 homeless people went without shelter in 2023. Today, there are 20% fewer shelter beds available in Arizona than there were in 2007, despite statewide average spending per homeless person being nearly double the median annual rent.”
Other Relevant Headlines
Phoenix Suns to host 2027 NBA All-Star Game, per report (February 26, 2024) - “The Valley is set to host the 2027 NBA All-Star Game, the fourth time the event has been held in Phoenix. The Athletic’s Shams Charania and Mike Vorkunov reported Monday that the Suns are set to announce they won the bid to host the event, following the Mercury’s hosting of the WNBA All-Star Game this coming season.”
Arizona’s new voting laws that require proof of citizenship are not discriminatory, a US judge rules (March 1, 2024) - “A federal judge is upholding provisions of new Arizona laws that would require counties to verify the status of registered voters who haven’t provided proof of U.S. citizenship and cross-check voter registration information with various government databases. In a ruling Thursday, U.S. District Judge Susan Bolton concluded Arizona legislators did not discriminate when they adopted the laws and the state does have an interest in preventing voter fraud and limiting voting to those individuals eligible to vote.”
Attorney General Mayes Announces Indictments in ESA Program (February 29, 2024) - “Attorney General Kris Mayes today announced that the State Grand Jury has indicted multiple individuals for allegedly engaging in fraud, conspiracy, computer tampering, illegally conducting an enterprise, money laundering and forgery related to the Empowerment Scholarship Account (ESA) Program…The indictments filed this week in Maricopa County Superior Court alleges that the goal of the conspiracy was for defendants to obtain funds and/or property from the ESA program for personal use.”
Navajo Nation nears deal for Arizona water rights on Colorado, Little Colorado rivers (March 1, 2024) - “The Navajo Nation is nearing completion of a settlement of water rights claims in Arizona, ending decades of negotiations and giving hope for thousands of people who have long gone without running water…The aim of the Northeastern Arizona Indian Water Rights Settlement Agreement is to affirm and quantify the nation's rights to water in the state and to secure funding to build much needed water delivery infrastructure to homes on the Navajo Nation, according to a summary of the agreement.”
Appeals court rejects Apache Stronghold bid to block Resolution Copper mine at Oak Flat (March 1, 2024) - “A federal appeals court on Friday narrowly rejected a bid by the grassroots group Apache Stronghold to block a land swap that would allow copper mining at Oak Flat, one of the Apache peoples' most sacred sites. The 9th U.S. Circuit Court of Appeals agreed with a lower court's ruling that the mine would not pose a substantial burden to First Amendment religious practice rights, setting up a likely showdown at the U.S. Supreme Court.”
Group of Arizona lawmakers headed to Israel during Legislative session (March 3, 2024) - “The state Representatives who are going are a mix of Democrats and Republicans. They're leaving on Tuesday from Arizona for a week-long trip to Tel Aviv and Jerusalem to meet with government officials, tour some of the areas that Hamas attacked, and simply show support. The Representatives will not be going to Gaza.”
This round-up was written by Jared (JJ) Cichoke. He currently works as a Policy Analyst after previously holding various roles with Senator Martha McSally (R-AZ) and the Senate Committee on Indian Affairs. A graduate of Vanderbilt University, he recently moved to Arizona after spending nearly his entire life in Portland, Oregon.