With ‘Wayfair’ Bill Stalled, Will Republicans Stop New Revenue Streams? (Video)

The budget is still being negotiated behind closed doors. The Republicans have passed several tax cut bills, but not all of them have been heard in Committee of the Whole (COW, where the real debates happen).

We also have not heard the “Wayfair Bill” in COW because it is stalled in House Rules (with several other bills). HB2702 passed House Ways and Means unanimously several weeks ago but never got to the Floor for debate or a vote.

South Dakota vs Wayfair Inc. is the supreme court case that said states can charge sales tax on online sales. States, local governments, and brick and mortar businesses have been losing trillions of dollars to online retailers. Just look around town, and you will see fewer local businesses, less stock on the shelves, and many vacant store fronts. Taxing in-person purchases but not online purchases is unfair to local small businesses, hurts our local economy, reduces the General Fund (thus reducing education funding), and ultimately reduces consumer choice.

Arizona residents made $1.7 trillion worth of online purchases in 2018. That is how much Arizona businesses lost in sales. On those purchases, the state lost $85 million in sales tax (TPT). Cities and counties lost more than $45 million. Prop 301 (the education sales tax) lost $10.2 million.

Continue reading With ‘Wayfair’ Bill Stalled, Will Republicans Stop New Revenue Streams? (Video)

‘Democracy in Chains’ Connects Dots on Libertarian & Republican Strategies (video)

Affordable Care Act

If you often scratch your head at the bad bills that the Republicans pass in Congress and in the state legislatures and wonder what their end game is, you should read Democracy in Chains by Nancy McClean.

What you may think are random bad ideas that have somehow gotten into law are actually part of a grand scheme that has been playing out since Brown versus the Board of Education attempted to desegregate public schools in the United States.

An academic, McClean has studied the articles, books and letters of James Buchanan, the economist not the former president. Buchanan was the primary theorist of public choice theory. In the 1950s, public choice theory was used as a rationale to close all of the public schools in the state of Virginia (rather than comply with desegregation) and is being used today to support state-funded vouchers for private and religious schools. In Virginia in the 1950s, the state gave money to white parents for private school vouchers and allowed hundreds of black children to go uneducated for years. Needless to say, this was a travesty of justice.

Continue reading ‘Democracy in Chains’ Connects Dots on Libertarian & Republican Strategies (video)

In #AZ, Maternal & Child Health Is in Crisis (video)

Maternal and child health is in crisis in the state of Arizona. Too many infants die. Too many new

Maternal and child health is in crisis in the state of Arizona. Too many babies die. Too many new Moms die. Too many babies are born prematurely. Too many babies are born with birth defects. Too many pregnant women don’t get adequate prenatal care.

Some Arizona counties have been labeled maternal health deserts because of lack of medical care. Cochise, Graham, Gila, La Paz, Santa Cruz and Yuma are the worst off. Around 50% of the babies born in Arizona are born to unwed mothers (which makes them more likely to live in poverty with their Moms.) And around 50% of the live births are funded by AHCCCS (Arizona’s Medicaid program).

Arizona’s lack of attention to maternal and child health and our stingy social safety net policies have exacerbated the situation and cost the state lives and money. Each premature baby born under AHCCCS costs the state around $1 million. How many of these one-million-dollar babies are accidents due to lack of access to affordable birth control and the scarcity of women’s health clinics, particularly in rural Arizona? We should be funding women’s health and well baby clinics in rural Arizona and should be hiring community health workers to do outreach with pregnant women and new Moms. You can hire an army of community health workers for the cost of one or two premature babies.

Continue reading In #AZ, Maternal & Child Health Is in Crisis (video)

#AZ House Passes Texting while Driving Ban (video)

Today was a red letter day for the state of Arizona. The Arizona House debated — at length— three competing bills on distracted driving and texting while driving.

The Democrats backed the clean texting while driving bill proposed by Rep. Noel Campbell. He worked with Rep. Cesar Chavez (who had had a texting bill that died in committee) to bring this bipartisan bill forward. Many family members, who lost loved ones to texting while driving, were in the gallery for this historic day.

The Democrats voted “no” on two of the three bills. The Mesnard bill was way too broad and included lots of different activities that could be construed as distracted driving. The Democrats were concerned that this would impinge upon peoples’ civil rights and lead to racial profiling. (Because of our principled stance, the Republicans dubbed us the “Perfection Caucus.” Aren’t they the Perfection Caucus since ~90% or more of the bills that make it through the process are their bills, even three are 48% of the House?)

The Brophy McGee bill was amended with language to make texting while driving a secondary offense, and the Democrats voted “no” because of that amendment. All of the cities that have texting while driving bans categorize texting as a primary offense. So, the amendment to make it a secondary offense would have been preemption.

Bother the Mesnard and Campbell bills passed and were sent to the governor.

This will save lives.

#AZHouse Democrats Force Vote on #ERA

ERA vote in Arizona House

For the third year in a row, Arizona House Democrats forced a debate and a vote on the Equal Rights Amendment (ERA). On April 16, I made an “emergency motion” to skip over First, Second and Third Readings of HCR2030 and bring the ERA up for an immediate vote. Predictably, the Republicans offered as substitute motion which led to two hours of rousing debate on women’s equality.

The Back Story

Earlier in the session– when the Democrats still believed that at least a few Republicans may have a tiny independent streak– Senator Victoria Steele and I both garnered signatures from a handful of Republicans and all of the Democrats for ratification of the ERA. Steele had the votes to pass it in the Senate, but  Judiciary Chair Eddie Farnsworth refused to hear the ERA in committee, and President Karen Fann stopped a real floor vote.

Arizona Senate debated, but since there was no floor vote– only a division call– the Republicans weren’t held accountable for their stance against equal rights for women. None of the Republicans who had signed Steele’s bill stood up for the ERA or spoke in favor of it.

Rep. Pamela Powers Hannley calling for a vote on HCR2030, ratification of the Equal Rights Amendment.

Pre-Game Action

Fast forward to yesterday. The House didn’t hear the ERA on the same day as the Senate because the plan was to propose the ERA in the House on a different day… unannounced. A stealthy surprise for the House Leadership. The Republicans don’t like it when the Dems surprise them with parliamentary procedures and force votes on bills they thought they had killed with parliamentary procedures. Their intransigence is the catalyst for our shenanigans.

Several weeks ago, I met with Speaker Rusty Bowers about the ERA and asked him to assign HCR2030 to a committee that would hear it. Every year, the Democrats and ERA supporters ask for a real committee hearing, a real floor debate in Committee of the Whole, and a Third Read vote on the ERA. Every year, the Republicans use “horse and buggy procedures” to stall any meaningful progress.

At the time of our meeting, the ERA had not even gone through the First Read– the very first step in the legislative process. He told me in no uncertain terms that he had “no intention” of doing anything to move the ERA forward. Initially, he declined to tell me why and said he wanted to “explain his position in a larger forum.” I pushed for a reason, and he talked about his wife and daughter and how it would negatively impact them. He also talked about more lawsuits as a result of passage of the ERA. I told him that the ERA focuses on government-based discrimination. If the ERA is passed and if the state of Arizona has discriminatory laws on the book, then, yes, the state could be sued, but the real issues are equal pay for equal work, equal protection under the Constitution, and structural sexism in our country.

Continue reading #AZHouse Democrats Force Vote on #ERA

Republicans Kill Bill Lengthening Time to Report Child Sex Abuse (video)

It is shocking how party loyalty can get in the way of doing what’s right for the people of Arizona.

Today, the House Appropriations Committee debated lengthening Arizona’s statute of limitations to report child sexual abuse from a two years (after you turn 18) to twelve years. It also allows for a one or two year window after the bill passes in which any past victims (whose time to complain had run out) can come forward and file a complaint related to past child abuse. The Appropriations Chair sponsored the strike everything to SB1101 but didn’t want to bring it up for a vote— only discussion— but the agenda didn’t say “discussion only.”

Senator Paul Boyer, who sponsored the original bill to lengthen the time to report, spoke in favor on a vote in the bill. He said that Arizona is an “outlier” in child sexual assault and has the most restrictive reporting statutes in the US.

Senator Eddie Farsworth, who stopped Boyer’s original bill as chair of Senate Judiciary, spoke strongly against the bill and complained about lack of decorum and respect for the process. (Ahem… we hear and vote on half-baked strike everything bills ALL THE TIME.)

After lengthy debate with the Dems standing up for victims and Republicans standing with Farnsworth and Cobb, Rep. Diego Espinoza made a motion to overrule the chair and bring a vote on SB1101. Unfortunately, since the 11-person committee has only four Democrats, the motion failed, and all seven Republicans votes to back Cobb and Farnsworth and to throw victims under the bus.

Direct Care Contracts: Cheap Non-Insurance Plans Could Put Patients at Risk (video)

Banner University Medical Center

In the Health and Human Services Committee, we have heard a few different insurance plans that would be cheaper and less comprehensive alternatives to the Affordable Care Act (ACA).

With SB1105, healthcare moves into the gig economy. SB1105 covers direct primary care agreements, a non-insurance alternative to the ACA.  In Arizona, people are already allowed to make one-on-one contracts with a healthcare provider for certain services for a designated mount of money per month.

This bill clarifies existing law and says that these contracts are not insurance and, therefore, not regulated by the Arizona Department of insurance. It also says that you can have contracts with doctors, physicians assistants, nurse practitioners, nurses, dentists, and physical therapists.

If you take this to it’s illogical extreme, you could have multiple contracts with different providers for different menus of services. Unless you are really good at contract law, you could end up having several contracts, paying monthly bills to each of these providers and still not getting the care that you need. Since these plans are not insurance, you would not be able to take your complaints to a bureaucrat at an insurance company or at the Department of Insurance.

Direct current primary care agreements are supposed to fill a niche in the healthcare market. The ACA is too expensive, particularly for sole proprietors. These are business people who are their business. Professional people, consultants, artists and musicians could all be sole proprietors.

Continue reading Direct Care Contracts: Cheap Non-Insurance Plans Could Put Patients at Risk (video)

Protect Patients: It’s time for Cannabis Testing in AZ (video)

marijuana

Thirty-four states have some form of legal marijuana. Arizona is the only state that has no quality control testing for contaminants (like pesticides) or for make-up (how much THC, CBDs, etc.)

Cannabis testing died at the end of the session in 2018 during a flurry of negotiations regarding several marijuana reform bills. It is back in 2019 as SB1494, which passed the House Health and Human Services Committee last week. This is a clean cannabis testing bill with no other issues attached.

Arizona has 200,000 medical marijuana patients who purchased 61 tons of marijuana and related marijuana products, like edibles and concentrates, in 2018. Ours is the third largest program in the country… and the only one with no quality control testing.

In committee, the governmental liaison for the Arizona Department of Health Services (ADHS) Shannon Whitaker said that they don’t know how to do quality control testing for marijuana and want more specifics on what to do. I asked if anyone at ADHS had looked at the testing standards and programs from the other 33 states, and she said, “No”. Looking at how other health departments are testing samples of marijuana could be very helpful in setting up the Arizona program. Just sayin’.

Before I voted “yes” on SB 1494, I talked with the lobbyists on both sides of the issue, medical marijuana patient and NORML representative Mikel Weisser, and former ADHS Director and current Executive Director of the Arizona Public Health Association Will Humble.  Humble, who wrote the current medical marijuana rules, said that testing is in the Arizona Medical Marijuana Act (AMMA). He had planned to write testing rules back in 2011, but he was pressed for time with a 120 day window to write all of the rules. He added that he “was getting beat up from all sides” during the process. (I confessed that I was blogging about the card costs, which are the highest in the country.) Humble supports SB1494 but adds that ADHS has the authority to write rules on testing, even without SB1494.

ADHS is sitting on $60 million in card fees that can be spent only on the medical marijuana program. It’s time to protect patients. It’s time for Arizona to spend some of those AMMA funds to write the rules and set up testing.

SB1494 was debated at length in the House Health and Human Services Committee last Friday and passed unanimously. Since almost everything we do is on video, you can watch the debate on the AZLeg website. Click on Archived Meetings and scroll down to House Health and Human Services on March 29, 2018. You have time to voice your opinion on Request to Speak.

Look for amendments and a rousing debate on this in the coming weeks.

Leach’s SB1451 Attacks Citizens Initiative Process (video)

Arizona Flag

We have heard most of the bad House bills, and now we are hearing the bad Senate bills. SB1451 is another one of Senator Vince Leach’s attack’s on the Citizens Initiative process.

Every year he has at least one bill designed to make the Citizens Initiative process more difficult, more time-consuming and more costly. SB1451 is likely unconstitutional and will spark lawsuits. The bill is over burdensome on the Citizens Initiative process. The details of how petitions are to be grouped and how circulators are to be tracked are overly complex and will likely result in many valid petitions being invalidated. It also lengthens the time for perennial Citizens Initiative challengers (like the Chamber of Commerce) to mount challenges. Please voice your opinion on SB1451 on Request to Speak.

Voter Suppression Is ‘Theme’ for #AZLeg in 2019 (video)

Republicans have two big problems with the 2018 election: too many of you voted, which resulted in too many of them losing.

Each year of the Arizona Legislature seems to have a theme. For 2017, the theme was big tax giveaways. For 2018, it was Red for Ed. The theme for 2019 is voter suppression. One of the Democrats suggested that the Republicans were overreacting to their losses in 2018.

The sheer volume of voter suppression bills is staggering. In the multiple ways, the Republicans are trying to make it more difficult to vote, to register someone to vote, and to submit Citizens’ Initiatives. They also want to solidify big money politics by attacking the independence of Clean Elections Commission.

There are so many awful bills that I needed a cheat sheet to do this video. Many of these are still in play, and you can use the Request to Speak system to comment. HB2724 (anti-Clean Elections) and HB2616 (adds penalties and unnecessary burden to registering people to vote) passed the Arizona House this week and will head to the Senate. (You can stop them there!)

For some of them, it’s time to start pleading with Governor Ducey for vetoes. SB1072 (even stricter voter ID laws, which would result in a poll tax for people who move often) passed both the House and the Senate. Other horrible bills from Senators Michelle Ugenti-Rita (SB1090) and Vince Leach (SB1451) are on there way to the House floor soon.

Stopping people from voting is anti-Democratic. (I am working on a blog post with more bills and details.)