Legislative Update – February 12, 2016
The fourth week of Arizona’s Legislative Session has been busy. There are 1,170 bills introduced and 100 Resolutions/Memorials. The deadline to drop a bill was Monday in the Senate and is next Monday in the House. By the 19th of this month all bills will have to have been heard in their house of origin. It is currently looking like the session will run about 100 days. Though last year was one of the shortest sessions in the state’s history, this year there is just enough money in the budget to make negotiations interesting.
Andy Tobin Sworn in to AZ Corporation Commission
Andy Tobin was sworn in to the Corporation Commission on Wednesday. In December Tobin was appointed by Governor Ducey to serve the remainder of Susan Bitter Smith’s term, who resigned over a conflict of interest accusation. Tobin may have to recuse himself for solar issue votes due to his own conflict of interest. It turns out that his son-in-law works for SolarCity, one of the largest installers in Arizona. SolarCity has been deeply involved with net metering and solar fee issues in several rate cases.
Tobin’s conflict triggers a “remote interest” provision in state statute governing conflict of interest cases. “If our attorneys say that I’m conflicted, I will not vote. I have to draw the line. To me, I might not feel personally conflicted, but I think it’s more important to hear what our lawyers say about that risk. And I’m not going to put the commission at risk and vote if that’s a problem,” Tobin said. If Tobin decides not to vote on a contentious solar issue, the vote could potentially split 2-2.
Commissioner Doug Little Elected New Chairman
In the same open meeting, Commissioner Doug Little was elected Chairman for the Commission. “There is important business that happens in every division of the Commission every day. As Chairman, I want to support that hard work, while tackling the important regulatory issues that affect us all, like keeping water and energy costs affordable while supporting economic development to keep Arizona’s future bright,” said Little. Little was elected in 2014.
SPI Diane Douglas Opposes SB1416
Yesterday the Senate Education Committee passed a bill by Sen. Jeff Dial (R-Chandler) that would put State Board of Education members in control of firing, hiring and supervising their own staff. Superintendent of Public Instruction Diane Douglas passionately opposed the measure arguing that it strips her office of its authority and hands the power to unelected appointees. The debate over SB1416 raged for over two hours and ended in Senate President Andy Biggs (R-Gilbert) coming to the sponsor and bill’s defense.
Douglas issued a blistering press release targeting Dial on Wednesday where she argued that this bill puts Arizona’s children at risk of sexual predators with teaching certificates because the board’s staff hasn’t adequately kept up with teacher discipline records. “It is not possible for a board that meets one day a month for three to four hours at best, who is only legally [required] to hold four meetings a year, to actively supervise employees on a day-to-day basis,” said Douglas. She went on to point out that the bill would effectively make her just a figurehead with no real authority. The controversial bill will be vetted by the full Senate in the next few weeks.
Pension Reform Package Passes Committee
Senator Debbie Lesko (R-Peoria) shared her three piece pension reform package on Tuesday with the support of President Biggs, local officials, and numerous public safety groups. The measure was cosigned by all 30 Senators and 39 of the 60 Representatives. “I’m happy to report that after one year of negotiations, we have reached an agreement that will help preserve the retirement system for our employees – our firefighters, police and law enforcement – and will save taxpayers money,” said Lesko.
The bill cuts the annual 4% cost of living increase and instead ties the increase to the Consumer Price Index, with a 2% cap. It splits public safety employees in to three categories based on when they were hired. New hires would have a $110,000 per year cap on payouts and would split the cost of the pension with the employer, like most other state employee pension plans. They would have to serve 25 years and reach the age of 55 before being eligible for full pension benefits.
While the bill flew all the way through the Senate this week, there have been rumors that some House members have concerns over the bill not going far enough. Rep. David Livingston (R-Peoria) commented, “We all agree that something has to be done. But the question is: Are we at the optimum agreement? And maybe we are. That’s what we’re trying to find out.” The bill must be out of both chambers and signed by Governor Ducey by the 15thto make it on the May ballot.
Legislative Fundraising Reports Show Unsurprising Results
Campaign finance reports were due this week. President Biggs raised the most money, but Representative Heather Carter (R-Cave Creek) was not too far behind. Minority Leader Eric Meyer (D-Phoenix) raised the most out of the Democrats.
Income Expenses
Biggs $110,988 $9,456
Carter $97,594 $11,413
Lesko $89,455 $407
McGee $82,821 $13,958
Fann $74,371 $9,643
Meyer $73,745 $31,836
Montenegro $65,786 $1,970
Alston $64,322 $23,365
Yarbrough $58,579 $1,453
Mesnard $57,327 $3,423