Last Week at the Legislature
April 7, 2024
Hi Friend,
Welcome to Last Week at the Legislature, my weekly report to you on what's happening in your State House and how I'm representing our community.
This past week I met with constituents, attended a Hispanic Leadership presentation on helping high school students apply to universities, celebrated the appointment of a new Democratic appointee to the State House, and celebrated National School Librarians Day.
However, our days were mainly spent voting final (or almost final) versions of House and Senate bills to send to the Governor. We voted on 109 bills, 60 of them on Thursday alone. I won't list them all, but here is how and why I voted on some of the most controversial or otherwise notable bills this past week.
Judy
Representative Judy Schwiebert, LD2
jschwiebert@azleg.gov, JudySchwiebert.com, 602-935-0468
In Committee of the Whole
Before receiving a final vote in the House, bills are heard in "Committee of the Whole" where we get to make our arguments for or against the legislation. This week on the House floor I was proud to stand up for the students, teachers, employers and parents of over a million students who choose Arizona’s public schools every year. I urged everyone to vote NO on the insulting Republican-sponsored HB1583 that would require public schools to use funds they need for their students to advertise for private schools and help parents to enroll them there.
My House Floor Votes
Our House Floor votes determine whether a bill goes to the Senate for a vote, goes to the Governor's desk for her to sign it into law or veto it, or if it dies until it might be resurrected the next year. We voted on over 109 bills this week, so I'm not including all of them - but here are some controversial or otherwise notable bills I thought my constituents might like to know about.
SB1047 (Shope-R) animal cruelty; failure to treat
I voted YES because I share the concerns of the many constituents I heard from about terrible animal abuses like the one in Chandler last year that was difficult for authorities to process because of the lack of a clear law. However, I do appreciate the concerns of members who voted NO because they felt it would criminalize poverty. People experiencing homelessness, for example, should not get charged with a crime because they don't have the resources to properly care for their beloved pet. However, knowing that the humane society works in partnership with police to try to help keep people with their animal companions, I am trusting that there will be some discretion in applying the law This bill is a great example of how issues can be complicated. So, I do the best I can to sort through legislation to avoid unintended consequences. After two votes this week, the bill ultimately passed 36-23.
SB 1189 (Wadsack-R) political subdivisions; gun shows; preemption
I voted NO on this bill that would pre-empt cities, community colleges and other local authorities from making their own decisions about whether to allow a gun show in their jurisdiction. This should be decided by local governing boards or city councils which are best positioned to do so, especially because of the presence of young children and families nearby. It passed 31-28 along party lines.
SB1299 (Kern-R) traffic control; right on red
I voted NO on this bill that would require the Arizona Department of Transportation (ADOT) to add even more steps than they already use so that the number of "no turn on red" signs at appropriate intersections can be reduced for the convenience of the sponsor. ADOT engineers already evaluate the need for these signs, and we don't need the legislature to add more government regulation. It passed 31-28 along party lines.
HB 2658 (Chaplilk-R) pedestrians; congregating; medians; intersections
I voted YES on this bill that would prohibit pedestrians from standing or soliciting if they are 1) on a painted or raised traffic island or median; 2) on an exit or entrance ramp or roadway of a controlled access highway; or 3) in an intersection where there is not a sidewalk or a safe corridor for pedestrians. I found it a difficult vote. On the one hand, constitutional issues could cost the state money in lawsuits. Also, with an already overburdened police force, I'm concerned that officers will have to spend time on this instead of more urgent, violent crime.On the other hand, this is a safety concern that I hear about from constituents. It passed mainly along party lines, 33-26.
SB 1129 (Rogers) transient occupants; property; removal
This bill would allow law enforcement to remove an unauthorized occupant from a residential dwelling based on a written notice from the owner - even in the form of a note on the door telling people to vacate. It also exempts the police from liability. While people can already be evicted, this bill would quicken the process for removing people living in someone else's property without permission. I voted YES because of complaints I've received from some outraged homeowners and realtors about finding people in dwellings they thought were unoccupied and having difficulty having them removed. It passed 39-19.
COMMERCE BILLS
HB 2040 (Cook-R) event online ticket sales (Taylor Swift bill)
I voted YES on this bipartisan bill co-sponsored by Rep Analise Ortiz-D and other Democrats. I'm sorry I missed the chance to sign on to this consumer protection bill that creates laws prohibiting a person from using or creating a bot to purchase tickets for an online ticket sale. It passed 48-11.
HB 2194 (Cook-R) ticket resales; restrictions (Taylor Swift bill, part II)
I also voted YES on this bipartisan consumer protection bill co-sponsored by Gillette-R, Ortiz-D and Terech-D that establishes prohibitions related to the resale of event tickets for a price that exceeds the face value of the ticket while being within 200 feet of entry to the venue for the event. It passed 52-7.
SB 1411 (Gowan-R) organized retail theft task force
I voted YES on this bill to add four more investigators to the Attorney General's unit that is cracking down on organized retail theft. I was glad to support the Attorney General and Arizona Retailer's Association requests for a YES vote. It passed 43-16.
SB 1412 (Gowan-R) organized retail theft task force
I voted YES on this bill that supports our local businesses and consumers by allowing prosecutors to properly consider prior offenses when charging repeat shoplifting offenders. It passed 42-17.
SB 1414 (Gowan-R) organized retail theft; repetitive offenders
I voted YES on this bill to support local businesses and consumers by requiring a person convicted of a third or subsequent organized retail theft offense to be sentenced as a category two repetitive offender in certain circumstances. It passed 37-22.
SB 1628 (Kerr-R) sex-based terms; laws; rules; regulations
I voted NO on this discriminatory, de-humanizing bill that attempts to erase LGBTQ+ people and restrict their freedom of movement and expression, especially transgender and nonbinary folks who are just trying to live their lives. The bill was strongly OPPOSED by the AZ Center for Women's Advancement, National Council of Jewish Women of Arizona, Womens's Foundation for the State of Arizona, and hundreds of others. If we truly want to protect the rights of women as proponents claim, we should pass the Equal Rights Amendment (ERA). We don't need to understand everything about each other to treat each other with dignity and respect, and this bill absolutely does the opposite. It passed along party lines 31-28.
SCR 1040 (Mesnard-R). tipped workers; wages.
I voted NO on this deceitful, wrong-headed referral to voters. At a time when Arizonans are crying out about the increased cost of living, Republicans are responding with this proposal to actually reduce the income of minimun wage workers.This bill would take money out of the pockets of working families who are being hit the hardest and put it back in the hands of corporations. Yet by putting SCR1040 on the ballot under the name "The Tipped Workers Protection Act" Republicans are leading voters to believe they are protecting tipped workers, when in reality, this is an attack on the many workers who are already living below the poverty line. Minimum wage workers are are subject to hour cuts and irregular work schedules, suffering food insecurity and facing skyrocketing housing costs. This proposal will only exacerbate our growing unhoused population. Let's draw a hard line against anything that contributes to poverty, and this bill absolutely does. Sadly, it passed mainly along party lines, and it is now headed to the Senate. Urge your senator to vote NO. Otherwise, expect to see it on your ballot in November.
EDUCATION BILLS
SB1007 (Hoffman-R) schools; libraries; explicit materials; classification
Though current statute already prohibits a public school from referring students to or using sexually explicit materials in any manner, Rep Hoffman continues to beat his accusatory drum, labeling teachers, librarians and public schools as dangerous to our children, and in the case of this bill, charge educators as felons if they recommend an undefined sexually explicit piece of literature. The bill sponsor is part of an extremist nationwide movement to ban books and silence authors. I voted NO, but it passed along party lines, 31-21.
SB 1151 (Kern-R) school classrooms; ten commandments; posting
I voted NO on this bill that the sponsor claims is in line with the United States founding documents that refer to the Ten Commandments. However, he couldn't provide evidence of that. If passed, this bill would likely result in a long and costly series of legal battles. Perhaps even worse, it represents another example of using religion for political gain and purposes. Although passage might be politically expedient, it harms religion, making it yet another pawn in the political process. This is exactly the type of behavior that the drafters of the U.S. Constitution’s Establishment Clause tried to prevent. The bill passed along party lines, 31-28.
SB 1369 (Bolick-R) public schools; safety; reporting requirements
This bill would make it easier for people to sue a public entity including cities, counties or public schools if an employee is accused of abuse. I absolutely agree that we should protect ALL students from any kind of abuse — especially vulnerable students with special needs. That's why public schools are already required to perform fingerprint and background checks for all employees AND all employees are required by statute to report any abuse directly to police. In contrast, students attending private schools using taxpayer dollars in the form of ESA vouchers have NO such protections.
Any bad actors who slip through the cracks already receive the harsh punishment they deserve, and parents are already able to (and do) sue schools and school districts if there is negligence and liability. A vague provision that assigns liability if schools "should have known" of abuse could carry unintended consequences. There is no evidence beyond a handful of anecdotes that systemwide reform is needed. Making broad, systemic changes based on anecdotal evidence rather than data can be a recipe for disaster.
I tried to work with the lobbyist who was driving this bill forward - and who coincidentally, is also currently suing a school district. I urged her to remove the vague language but she was unwilling to do so. I had also asked her to add provisions to extend the same protections for students at any school that receives taxpayer dollars, but she didn't think that was necessary. Reluctantly, I could not support the bill in its current form and voted NO. However, the bill passed along mostly party lines.
SB 1459 (Kavanagh-R) school letter grades; student discipline
I voted NO on this polarizing, punitive bill requested by Superintendent Tom Horne to reduce the letter grade of a school if they don't adopt the Arizona Department of Education's criteria on student discipline and take action in 75% of discipline referrals. (Currently letter grades are awarded to every school across the state based on academic criteria, not disciplinary measures. The vast majority receive an A or B grade.). There is nothing in the bill that supports teachers or students. It failed 29-30 when Rep Cook, a Republican, voted with all Democrats to defeat it. However, majority leadership moved for it to be re-considered, so it will likely be back next week with a lot of pressure on Rep Cook in the meantime to change his vote.
HB 2178 (Kolodin-R) universities; student fees; clubs; organizations
This bill would allow individual university students to select which student organizations or clubs receive the funds from the student fees they pay. I originally opposed it in the Education Committee because the Arizona Board of Regents felt this unfunded mandate to change the way fees are distributed to clubs would turn funding into a popularity contest putting small organizations at a disadvantage, and would undermine the existing, student-led process managed by student government. However, after working with the sponsor, universities came up with a satisfactory resolution to allow students to request fees be put into a separate line item that can be allocated by student government to a campus-wide project that contributes to a positive climate. I voted YES, and the bill passed 43-16.
HEALTHCARE & SAFETY BILLS
SB 1311 (Miranda-D) mental health; oversight; data; documentation
This bill designates AHCCCS (Arizona's Medicaid program) as the agency responsible for monitoring, overseeing and evaluating the regional behavioral health authorities and agencies that provide mental health services. It modifies requirements and procedures regarding mental health screenings and court-ordered evaluations to create better oversight for treatment of people with serious mental illnesses. It was supported by Mad Moms, a grassroots group or parents who have been sharing heartbreaking stories of their experience with serious mental illness suffered by their family members. I voted YES and it passed 57-2.
SB 1313 (Miranda-D) DCS; discharge from care; housing
I voted YES on this bill directing the AZ Department of Child Safety (DCS) to implement policies to ensure that every young adult who leaves the care of DCS (foster care) has access to safe and secure housing. and it passed 44-15.
SB1664 (Gowan-R) DCS; tiered central registry; hearings
I voted YES on this bill to reform Arizona's Child Abuse and Neglect Registry. While keeping our children safe should be our top priority, this overly broad registry sweeps in many people who pose no risk to their own children, much less other people’s children. Passed 52-0.
HB 2764 (Dunn-R and Longdon-D) long-term care; enforcement; memory care
This bill is the culmination of years of bipartisan work by Reps Longdon and Dunn and their ad-hoc committee. It requires the Department of Health Services (DHS) to establish standards for memory care services for assisted living facilities that are licensed to provide directed care services. It requires Adult Protective Services (APS) to investigate abuse or neglect of a vulnerable adult, and increases fines for bad actors. I voted YES and it passed unanimously 59-0.
WATER BILL
SB1289 (Hoffman-R) DWR; hydrology reports
I voted NO on this bill that would require the Arizona Department of Water Resources (ADWR) and Governor to provide the House and Senate with a copy of any report on the hydrologic conditions of an active management area (AMA) 30 days before that report is issued. It would open up the reports to politicization rather than focus on facts. The information contained in these reports on water conditions in an AMA is very sensitive, and there is no precedent in which state lawmakers have been provided with this kind of information. The bill was opposed by experts from the AZ Municipal Water Users Association, cities, and 75 others, but it passed 31-28.
Encourage HS Seniors to Complete the FAFSA
On Monday I met with the Latino Caucus where we heard from representatives from the Arizona Board of Regents that oversees our state universities. They reported that because of some changes in the national application for federal student aid, over half of Arizona's high school seniors did not complete the Free Application for Federal Financial Aid (FAFSA) in 2023, leaving more than $122 million in Pell Grant funding that would help them with tuition and other expenses. FAFSA has extended the deadline for applying for this money until May 1. Encourage any high school seniors you know to go to this website to complete the form, even if they're not sure where they're going to school next year.
Still Teaching After All These Years
I was so excited to see my old teaching buddy Clark Also this week at the Capitol. Many many years ago, he and I taught at Greenway High School where I was in the English department and he taught social studies. Later, both my sons were in his classes too. Altogether he's been teaching for over 40 years. I was so happy to welcome him to the Capitol this week when he showed up to come speak out against the unaccountable universal ESA voucher program that will cost Arizona taxpayers almost a billion dollars this school year alone, and leave taxpayers knowing nothing about what's being taught or whether students are learning anything at all.
National School Librarian Week
This past Thursday, April 4, on National School Librarian Day I was proud to welcome Abeth Spencer, the school library media specialist at Manzanita Elementary School, a K-6 Title 1 school in the Washington Elementary School District. Librarians are essential to making their schools great places that not only help students succeed academically, but also to let kids know that reading is for fun - and whatever they want to read for fun is okay. If you missed the celebration this past week, you still have time to thank a school librarian anytime this month - or anytime whatsoever. Thank you, Mrs. Spencer!
Strides for Schools in Moon Valley
It was fun to join Megan, Jennifer and so many parents who helped organize the Strides For Schools 5K fundraiser for Moon Valley area schools: Lookout Mountain Elementary, Mountain Sky Junior High, and Thunderbird High School. Thank you to everyone who participated, from parents to kids to local businesses with tents and food trucks, and helped raise money for the great schools in our community. I'm sure it's not too late - you can donate here!
Save Our Schools Summit
I was honored to get to speak at the Save Our Schools Arizona Summit on Saturday at Tempe High School. But it was all the young people there who so inspired me! So many young people activating so many more people to elect legislators as well as state and county officials for a new majority that shares their priorities: well-funded public schools, protecting our freedoms like voting rights and abortion access, enacting comon-sense gun safety laws, and addressing our clilmate crisis. We have a powerful new generation of citizens and activists to take us into the futre.
Arizona Needs YOU!
Join our Town Hall next Saturday, April 13.
AND on Saturday, April 20, at 3 pm.
RSVP here for the address in the Lookout Mountain area.
I'm so honored to have so many teen volunteers joining our team. They're calling voters to let them know that Stephanie Simacek for State House and Judy Schwiebert for State Senate want to hear their priorities. But we need volunteers of all ages! Please join us! YOu can sign up at the links below.
We need YOU to help elect an Arizona legislature focused on the real issues we face like the teacher, affordable housing, and water shortage crises; keeping our families safe from gun violence; and reducing healthcare and other costs.
We can create an Arizona where everyone gets their chance to thrive. But ONLY with YOUR HELP!
The 3 most important things to do right now are
Join a Group Phone Bank at our office.
Join a Community Canvass. We're knocking doors and getting petition signatures to qualify for the ballot as we listen to fellow voters who want a legislature committed to addressing our shared priorities. Use this link to find a day and time that works for you. We'll buddy you up with someone experienced. We need door knockers and drivers.
Donate to our campaign. We need everyone's help to pay for the staff, literature, and other advertising that are essential to winning this competitive race.
Visit OUR NEW LD 2 Campaign office at 1524 W. Bell Road (in the Discount Tire parking lot, next to the Liberty Tax office). You can still sign school board candidate and the access to abortion petitions there - or make phone calls or write postcards. Also, a notary is available at our office every Friday in April from 3-5 pm.