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Budget impasse triggers talk of shutdown

If Arizona’s government were ever to shut down, 2021 would be the year.   Budget impasses have pushed the state near the breaking point before, including a long summer night 12...

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Governor’s budget ‘tantrum’ miffs lawmakers

In starting Memorial Day weekend by vetoing every bill on his desk, Gov. Doug Ducey aimed to prod reluctant lawmakers to end their vacation and return to pass his tax cut...

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Ducey signs bill to prohibit changes to election deadlines

A school crossing guard stops cars for voters entering a polling station, Tuesday, Nov. 3, 2020, in Phoenix. (AP Photo/Matt York)
A school crossing guard stops cars for voters entering a polling station, Tuesday, Nov. 3, 2020, in Phoenix. (AP Photo/Matt York)

Gov. Doug Ducey on May 24 signed into law a measure that prevents government officials from changing election deadlines established by statutes.  

HB2794, sponsored by Rep. Jake Hoffman, R-Gilbert, was created to address changes in voter registration deadlines that occurred during the November 2020 general election.  

“This is something that we saw in an unprecedented election,” Hoffman said. “We saw all across the country, including here in Arizona, the attempt to change statutorily prescribed deadlines. This is a bill that says that in Arizona, the legislature as granted by the Constitution of the United States, has the authority for the management and administration of elections; that those deadlines should not be changed, and that if they are there is a penalty for doing so.” 

Hoffman’s bill, which passed both the House and Senate by narrow margins of two and three votes respectively, received unanimous support from Republicans but was largely shunned by Democrats, who claimed that it violates separation of powers and gratuitously punishes election officials. Sen. Christine Marsh, D-Phoenix, was the only member of her party who did not vote against the bill, instead opting to refrain from voting altogether. 

A U.S. District Court judge in 2020 extended Arizona’s statutory deadline to register to vote by 2½ weeks. The judge accepted arguments by Mi Familia Vota and the Arizona Coalition for Change that the Covid pandemic and restrictions on travel, businesses and public gatherings imposed in March 2020 by Ducey made it difficult to sign up voters.  

The 9th U.S. Circuit Court of Appeals voided the ruling but allowed those who registered after the deadline to still vote. Republicans registered more voters than Democrats during the short extension. 

“We’re adding a criminal component because we disagree with what the court did last year,” Rep. Athena Salman, D-Tempe, said. “We’re seeing a trend to now throw our election officials in jail when they do something we disagree with. It’s very concerning.” 

 While Democrats in the state legislature made their disdain for the bill very clear, they were not alone. Alex Gulotta, director of the Arizona chapter of All Voting Is Local, said the bill would create more problems than it would solve and that it could limit the ability of judges to resolve election cases.  

“If that’s what we think this does, I think the bill may have constitutional problems,” Gulotta said. “If you bring your nominating petition to the recorder’s office five minutes before the deadline and they don’t want to take it, they refuse to take it because of your party, this [bill] says ‘a deadline’s a deadline, you don’t have a remedy.’ It’s bad policy.” 

Gulotta also raised questions about the harsh penalty that comes with violating the law. Anyone who does so risks a class 6 felony conviction, which carries a maximum sentence of 5.75 years in prison. 

“I’m very concerned,” he said. “It puts [election officials] in a position where to follow the court order, they have to put themselves at risk of a felony. That seems to be how it’s designed.” 

The Republican legislators who sponsored the bill disagreed with Gulotta’s assertion that it undermined the role of the courts in determining how elections are held, arguing instead that the bill prevents individual election officials from influencing how the elections are run.  

“The courts make a ruling on law,” House Government and Elections Committee chairman John Kavanagh, R-Fountain Hills, said. “That’s how the courts have a say. When a single elections official cuts a deal [with a judge], that’s a lot different than a court saying ‘as a matter of law, you are wrong. You must do this.’” 

Hoffman reiterated chairman Kavanagh’s arguments, stating that the courts and Legislature each play a part in determining the law, and that the bill simply clarifies the courts’ responsibility. 

“[The bill] is simply further defining and providing clarity in the law,” he said. “The settlements that are reached in those courts or in those negotiations must comply with [this bill]. The legislature sets these deadlines for an intentional reason, and they should not be changed on a whim.”  

  

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Senate passes critical race theory ban for public employees

The historic Arizona Capitol building. PHOTO BY GAGE SKIDMORE/FLICKR State senators voted Thursday to preclude the use of taxpayer dollars to train public employees about race,...

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Referendum in the works to veto proposed flat tax

Education groups are prepared to go to the ballot if the Gov. Doug Ducey-backed flat tax gets legislative approval with the budget this year.  While it does not yet have full...

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Passing $12.8B budget means appeasing several Republicans

GOP leaders in the House and Senate introduced a $12.8 billion spending plan Monday afternoon with high hopes of passing it by Wednesday — but finding the votes to pass it...

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Feds OK new Arizona tribal casino and sports betting deal

Arizona Republican Gov. Doug Ducey, right, talks with Dr. Damon R. Clarke, left, Chairman of the Hualapai Tribe, after a bill signing allowing a major expansion of sports betting in Arizona at an event at the Heard Museum Thursday, April 15, 2021, in Phoenix. The measure approved by the Legislature adds additional types of table games at tribal casinos and for the first time allows sports betting under licenses issued to tribes and pro sports teams. (AP Photo/Ross D. Franklin)
Arizona Republican Gov. Doug Ducey, right, talks with Dr. Damon R. Clarke, left, Chairman of the Hualapai Tribe, after a bill signing allowing a major expansion of sports betting in Arizona at an event at the Heard Museum Thursday, April 15, 2021, in Phoenix. The measure approved by the Legislature adds additional types of table games at tribal casinos and for the first time allows sports betting under licenses issued to tribes and pro sports teams. (AP Photo/Ross D. Franklin)

Gambling on sporting events and online fantasy sports betting became legal in Arizona on Monday, along with a host of new gambling options at tribal casinos, after the U.S. Department of the Interior approved an updated tribal gaming compact with the state. 

The approval puts into effect emergency legislation Gov. Doug Ducey signed in April that was a counterpart to the new tribal gambling agreement. The deal the Republican governor signed with the tribes allows them to expand their casino gambling offerings and offer sports and fantasy betting. 

Outside of the reservation casinos, major professional sports groups will be able to offer wagering on pro sports like the NFL, and NBA. And online fantasy sports operations like DraftKings can piggyback on the licenses. 

The approval by the Interior Department’s Bureau of Indian Affairs was the last cog needed for the gambling options to be fully legal in the state. Pro teams will need to get state-issued licenses and set up operations. Backers of the legislation hope that is possible by the start of the NFL season this fall.  

The tribes fiercely protected their exclusive right to most gambling in Arizona under the gaming compact approved by the state’s voters in 2002 and will continue to get that protection under the new deal.  

In addition to the new sports and online betting, the tribes can now greatly expand their exclusive gambling offerings, adding games such as Baccarat and craps and increasing the number of slot machines while maintaining existing offerings of blackjack and poker.  

Ducey hailed the milestone, which came after five years of negotiations with tribes.  

“Gaming creates thousands of jobs for Arizonans, it generates tax revenue that benefits key areas of our communities, and it draws visitors to our state,” Ducey said in a statement. 

Some GOP lawmakers question flat-tax proposal

 In this Dec. 2, 2020, file photo, Arizona Republican Gov. Doug Ducey answers a question during a news conference in Phoenix. A new voter-approved tax on high-earning Arizonans that will boost education spending is firmly in Gov. Doug Ducey's crosshairs, with the Republican vowing Friday, March 19, 2021, to see Proposition 208's new tax cancelled either through the courts or the GOP-controlled Legislature. (AP Photo/Ross D. Franklin, Pool, File)
In this Dec. 2, 2020, file photo, Arizona Republican Gov. Doug Ducey answers a question during a news conference in Phoenix. (AP Photo/Ross D. Franklin, Pool, File)

The bid by Gov. Doug Ducey to permanently cut $1.5 billion a year of state revenues is based on an economic theory and a set of numbers that may not hold up under closer examination.

And all that is worrying Arizona cities who stand to lose hundreds of millions of dollars if the governor is wrong.

C.J. Karamargin, the governor’s press aide, said the way his boss figures it, enacting what he has billed as “the largest tax cut in Arizona history” will provide an economic stimulus that will keep Arizona competitive in landing new companies and getting firms to expand here. And Daniel Scarpinato, Ducey’s chief of staff, said the situation here is different than when Kansas tried this a decade ago, only to find its economy in a shambles.

Economic theory aside, Karamargin said there’s another reason Ducey can propose a flat tax: a 2019 state law that requires online retailers to start collecting sales tax on purchases made by Arizona residents. Karamargin said that alone will produce an estimated $514 million a year by the 2026 fiscal year.

And that doesn’t count what cities collect in their own sales taxes.

But here’s the thing: Amazon, arguably the largest of these online retailers, actually agreed to begin collecting Arizona’s sales tax as far back in 2012 to settle a lawsuit with the state. And large companies like Wal-Mart also were collecting and paying sales taxes on both what they sold in their stores and what was delivered directly to customers.

Until last year, however, those revenues were included in regular sales tax proceeds.

It is only now that state tax collectors lump these into a special category of its own, cash the governor considers “new” money.

That accounting has raised concerns.

“Some of those companies were paying tax already under a different Department of Revenue code,” said Rep. David Cook, R-Globe. All the 2019 law did is create a new code.

“They took the money that was already being paid and the new money, comingled it under a new code so it appears that there’s all this new revenue,” he said. “But, in fact, all of that is not new revenue.”

There are bigger issues.

Sen. Paul Boyer, R-Glendale, said he’s not buying the numbers the governor uses to justify a permanent $1.5 billion cut in state taxes. And he’s not prepared to approve any plan that leaves cities, who currently are entitled to a share of state income tax collections, in financial trouble.

He is not alone in his questions about how this kind of tax cut will leave the state better off financially.

“I have not seen the information and the data to know that it works,” said Cook.

There actually are two parts to what the governor wants to do.

The first is compressing all the tax brackets down to a single 2.5%. That compares with current brackets with rates as low as 2.59% for individuals with incomes of up to $26,500 — double that for married couples filing jointly — and as high as 4.5% on incomes above $159,000 for individuals and $318,000 for couples.

But there’s something else: It contains an absolute cap of 4.5% on anyone’s income.

That’s designed to help those who are be affected by voter approval of Proposition 208. It imposes a 3.5% income tax surcharge on earnings above $250,000 for individuals and $500,000 for couples to help raise up to $940 million a year for public education.

Technically speaking, that law can’t be voided by the legislature as it was voter approved. But putting in a 4.5% overall cap effectively means those high-income individuals will be paying just 1% on everything else, with the state using $370 million of other cash to make up the difference.

“So what you’re saying is, all the taxpayers are paying taxes to the state for the services they provide,” Cook said.

“But we’re going to take all the taxpayer money, backfill a certain portion of higher earners’ tax bills? he continued. “How’s that fair?”

Combine that with the revenue losses from Ducey’s flat tax plan and you get the the $1.5 billion reduction in state revenues.

What makes that important to cities is a 1972 state constitutional amendment in which cities gave up the right to levy their own income and excise taxes. In exchange they are supposed to get a share of state income tax dollars.

That share is currently 15% of the take, money Boyer said that communities use to fund police, fire and other vital services.

On paper, economist Jim Rounds, hired by the League of Arizona Cities and Towns, said that $1.5 billion cut in what the state takes in translates to $230 million less for cities. He said the state would have to alter its revenue sharing formula to 20.6% to keep cities financially whole.

Karamargin suggested that Rounds was not being totally forthright.

He pointed out that Rounds did a separate study last year for the Arizona Chamber of Commerce and Industry estimating that enactment of Proposition 208 would reduce state and local revenues by $2.4 billion over a decade. Rounds concluded that raising the top tax rate to 8% — the 3.5% on top of the top current tax rate — would harm business growth and cause some to fail.

But Rounds told Capitol Media Services he did in fact do the calculations that Karamargin said were being ignored, factoring in the positive effects of the governor’s proposed new 4.5% overall cap. And even then, he said, cities still end up as financial losers unless revenue sharing is increased to at least 17%.

Karamargin, after touting Rounds’ earlier study on Proposition 208, said he could not dispute his latest conclusion about the effect of the flat tax.

“I’m not here to get into a back and forth with an economist,” he said.

The concerns go beyond the impact on the cities. Both Boyer and Cook say if the state really has all that extra money there are immediate needs.

Their concerns need to be taken into account by Ducey: Republicans have just a one-vote margin in both the House and Senate. And since no Democrat is expected to vote for this plan, the loss of either’s vote dooms the package.

The questions go beyond the reliability of the revenue projections and the claim that the economic stimulus of the tax cuts will be offset that is raising concerns.

“We have $900 million in pension liability debt,” Boyer said. And that’s just for the retirement system for police and firefighters.

Then there’s the fact that the state sold off several buildings, including the House, the Senate and the Executive Tower during the last big downturn a decade ago to generate immediate cash.

That deal allows the state to continue to lease them back with an option to buy. Boyer said the state still owes $430 million on them.

And then there’s a budget maneuver where the state borrowed money from public schools by moving payments from one fiscal year into the next. That’s $930 million in debt being carried on the books.

“I really think it’s prudent to, with all this temporary money that’s floating around, to use that one-time money to pay off our debt, then focus on targeted investments, and then talk about targeted tax reform,” Boyer said.

Cook agreed. He said the only reason Arizona has $1 billion in its “rainy-day fund” is because it put off for years making necessary repairs to state buildings.

Telehealth boom spawns changes to Arizona law

telehealth

Telehealth wasn’t new to Arizona when the pandemic began, but the past year has propelled it into the mainstream. 

New legislation, codifying once-temporary changes to how telehealth operates in Arizona, will keep it there. Rep. Regina Cobb, R-Kingman, sponsored HB2454, which was signed by Gov. Doug Ducey earlier this month.  

“We saw how not only how it (telehealth) was helping our people during the pandemic but also how it was helping individuals that have difficulty normally getting to the physicians — our elderly or disabled people, families with special needs kids,” Cobb said. “It was so successful that we had to figure out a way to do it permanently.” 

Regina Cobb
Regina Cobb

Cobb has been passionate about telehealth for a while  she sponsored successful teledentistry legislation a few years ago and before retiring, she offered telehealth at her own dentistry practice. But this year especially laid bare the need for remote care. 

“Out of something bad we find something good, and this is one of those issues that came out of something very bad,” Cobb said. 

The legislation covers a wide swath of issues aimed at making telehealth in Arizona a viable option for care. Among other provisions, it requires insurance companies to cover video telehealth sessions as it would in-person visits. It also allows out-of-state providers to serve people in Arizona in some situations and keeps health care boards from requiring in-person visits before being prescribed most medications. 

Figuring out the interstate commerce piece of the bill was a necessary challenge, Cobb said, for a couple reasons: snowbirds and a lack of specialists. 

Now, if someone comes to Arizona from Minnesota for a few months out of the year and wants to check in with their doctor back home, they can do that legally. 

Arizonans can also look outside of the state if they’re in need of special care. 

“There’s so many times that you want to see a specialist, and you can’t get into them for months and months at a time because they’re very limited in your communities, especially the rural communities,” Cobb said. “Now, if I have specialists at the Cleveland Clinic or the Mayo Clinic in New York, and I want to see that specialist, I’m able to do that.” 

The new legislation makes Arizona one of only a handful of states to tackle the interstate issue, according to Nancy Rowe, who retired this week from her role as associate director for Public Policy and Outreach for the Arizona Telemedicine Program. 

“Arizona is one of the very first states to actually introduce bill language that would allow providers from out-of-state or providers who are not licensed in Arizona to see patients here, and of course, with a whole lot of restrictions, but we’re forging a path in that way.” 

Rowe, who has worked in the field of telehealth for 20 years, said the pandemic caused telehealth to balloon in Arizona and across the country, which made people more familiar with the concept. Now, she said, it’s starting to level out with in-person care. 

“I think it’s kind of equalized now, and people who are using it are probably using it more by choice,” Rowe said. “These days if I want to talk to one of my doctors, they tend to offer it as a choice, or I can go in-person if I want to.” 

Rowe said telehealth can be an appealing alternative, especially considering drive-time and time in the waiting room. Living 10 miles out of town, she preferred it to avoid missing work. 

“It was always preferable for me to just pop onto my computer and say, ‘Hey, I’d like to see a doctor, ping me when somebody shows up on the screen,’ and then I would only miss like eight minutes of work instead of an hour or two,” Rowe said. 

Cobb anticipates needing to make tweaks or changes over the next few years as issues arise. She’s planning to head out to the remote parts of the state this summer to see how the legislation plays out in the real world. 

“I’m excited to see the results of our fruits of our labor,” she said. “I think when I do, I’ll probably see and hear of issues that people are having. And at that point, I will probably adjust what we’ve done.” 

From tragedy comes a bill to save lives

From left are Rep. Kelli Butler, D-Paradise Valley; Rep. Aaron Lieberman, D-Paradise Valley; Sen. Christine Marsh, D-Phoenix; and Rep. Joanne Osborne, R-Goodyear, during the final House...

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Ducey aides defend $1.5B cut in tax collections

budget-web

Top aides to Gov. Doug Ducey are defending the $1.5 billion cut in tax collections and bailout of the most wealthy as “modest and responsible.”

In a briefing with media on Wednesday, Matt Gress, the governor’s chief finance officer, said the deal Ducey has negotiated with Republican legislative leaders will still leave plenty of money for new and expanded programs. He said these, ranging from road improvements and cash for new schools to new body cameras for Department of Public Safety officers, all can be accomplished even with the tax cuts that will largely benefit the most wealthy.

“It’s a downpayment on Arizona’s future,” said Daniel Scarpinato, Ducey’s chief of staff.

More to the point, he said that Arizona needs to enact aggressive income tax cuts to ensure that Arizona attracts new business and gets firms to expand here.

Scarpinato said Arizona has landed new jobs in high tech and driverless cars because it has been competitive. But he said it’s not a static model.

“Other states are becoming more competitive,” Scarpinato said.

“So we’re going to continue being more competitive,” he continued. “And if we don’t act these things will be left behind and we won’t see this continued economic activity.”

Scarpinato said all this can be done because the state has more money than anticipated. And he brushed aside questions of whether cutting this much in income taxes based on current economic conditions creates the hazard of having to cut programs and services the next time the economy goes south.

“We’re being very conservative in both revenue projections but also on ongoing spending,” he said.

And there’s something else.

Scarpinato said the state is counting on more than $200 million a year in new sales tax revenues once Arizonans get to start wagering on professional and college sports. And the state also is benefiting from a relatively new levy that Arizonans are paying when they purchase items online.

He also insisted that while the state has gotten about $4 billion in federal cash due to Covid it is not building those into the budget. Instead, it is being used for one-time expenses.

But that’s not exactly true.

For example, the plan calls for putting $1 billion in federal dollars into expanding child care for the needy. That should wipe out the current “wait list” of people seeking state help but finding no cash available.

That, however, leaves the question of what happens to those people who were getting child care once the cash runs out.

What makes all this crucial is that the tax cuts in the deal are effectively permanent: Because of constitutional constraints, it would take a nearly politically impossible two-thirds vote of the House and Senate to rescind them once they are in place if tax collections collapsed.

The plan starts with that 2.5% flat tax for everyone, collapsing a progressive structure than has rates as low as 2.59% and as high as 4.5%. That makes those in the top category the big winners.

But they benefit a second way.

Voters decided in November that earnings above $250,000 for individuals and $500,000 for married couples should be subject to a 3.5% surcharge. The Ducey-GOP plan, however, effectively cuts that to no more than 2%.

The schools will still get the money that Proposition 208 was designed to generate. But that will come out of state coffers rather than the pockets of the wealthy.

Scarpinato was unapologetic.

“The governor wants to see the state move forward from an economic development standpoint,” he said.

And that, he said, includes protecting small businesses. He pointed out that Proposition 208 was structured in a way that affected small businesses who pay no corporate income tax but instead pass through all the profits to the owners who would be subject to the surcharge.

Anyway, Scarpinato said, it’s not like the governor believes that the tax-cut plan and paying the voter-imposed obligations on the wealthy to do more for public education is going to harm anything.

“Why wouldn’t we let Arizonans keep more of their hard-earned money?” he asked.

The spending side of the package is a kind of laundry list of priorities.

For example, there’s $100 million in “pavement protection” for targeted roads in the 13 rural counties. The plan also calls for salary increases — but only for “targeted positions” at certain state agencies, like DPS officers, adult and juvenile corrections officers, child safety caseworkers and staffers at the Department of Water Resources.

There’s $65 million for what’s been called the “new economy initiative.” This expands an existing program to provide cash to universities to graduate more students in what the governor has said is a critical high demand industries like coding, artificial intelligence and “entrepreneurism.”

Rural community colleges would get $28 million, with additional dollars for Pima and Maricopa community colleges for STEM programs: science, technology, engineering and math.

At the K-12 level, the state will provide an extra $50 million for special education students. It also contains a new plan to evaluate incoming kindergartners to know where they are in reading, with the idea of putting resources where needed.

The state also is finally going to revise what it pays for construction of new schools, bringing it to what Gress said is the “market rate.” Many districts have until now had to supplement the state allocations with local funds, an issue that resulted in a yet-to-be-resolved lawsuit playing out in Maricopa County Superior Court.

The state also will pay down some debt, put more cash into maintenance of state prisons and close down the prison at Florence, the oldest in the state. That will move the inmates to the nearby Eyeman facility which, in turn, will help deal with chronic staffing shortages in the Department of Corrections, Rehabilitation and Reentry.

Also in the plan is $25 million for “forest health.” That includes sending 720 inmates out to clear hazardous vegetation.

And there’s also $200 million in the budget to find more water for the state — eventually.

The idea is to start putting money aside that can be used essentially to purchase water in the future. That could include desalinization plants.

But aides to the governor also foresee the possibility of having water brought into Arizona from the Missouri River, meaning, at the very least, constructing a pipeline.

 

 

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