​

House committees also approved an extension of benefits from the Temporary Assistance for Needy Families program, a controversial set of four bills that would alter the process of voter initiatives in Arizona, and a proposal that would ask voters to increase the state gas tax. 
 
Next week marks a significant turning point in the legislative session: February 17 is the last date for House and Senate committees to consider legislation introduced by one of their members. After that, the Senate will consider House bills and the House will consider bills already approved by the Senate. Expect the legislature to spend very long days in committee hearings as a result.
  
House and Senate Appropriations Committees focused on education funding priorities this week, as they heard from university presidents and the Arizona Department of Education. House budget subcommittees studied the funding levels of smaller state agencies, including tourism and financial oversight entities.
 
Behind the scenes, the House and Senate may not be on the same track as they prepare for budget negotiations. Senate President Steve Yarbrough (R-Chandler) told The Arizona Capitol Times this week that he is concerned the House process of building a budget from the “bottom up” with legislator input rather than beginning negotiations from the Governor’s budget proposal will slow their completion of a budget proposal. The House budget committee chairman claims they could be ready to release a budget proposal by March, however, and House members of both political parties say they appreciate the chance to better understand what is going into a proposal.
 
While quiet analysis of budget priorities and support continues behind the scenes, budget committees will continue their hearings. Next week, their focus turns to the Department of Child Safety and the Department of Economic Security. House subcommittees will consider smaller state agency budgets like the Department of Veterans’ Services.
 

• HB 2209 (family caregiver income tax credit)

The bill would create a new tax credit to provide up to $1,000 in credit for individuals who care for a family member, if that individual earns less than $75,000 a year. It passed the House Committee on Ways & Means 7-2.

• HB 2310 (appropriations; ALTCS; elderly; physical disabilities)

The bill would give funds to ALTCS to increase payment to providers for services to the elderly and  persons with disabilities. It has not been heard in the House Health and Appropriations committees.

• HB 2372 (public benefits; fee waivers; requirements),

The bill would extend TANF benefits from 12 to 24 months under specified circumstances, and would establish a variety of new reporting and fraud prevention measures. It passed the House Committee on Health 9-0 last week, and this week the House Committee on Appropriations approved the bill 13-0.

• HB2504 (public accommodation; disability; discrimination; sanctions)

The bill would authorize a court to impose a sanction on a plaintiff if an action or series of actions are brought for the primary purpose of getting payment from the defendant due to the costs of defending the action in court. It is scheduled for a hearing in the House Committee on Judiciary & Public Safety February 15.

• HCR 2013 (convention; balanced federal budget)

The referral would ask Arizona voters to petition for a Congressional convention to pass a balanced federal budget amendment. It passed the House 33-25.

• SB 1030 (AHCCCS; covered services; occupational therapy)

The bill would expand AHCCCS coverage to include occupational therapy. It passed the Senate 26-3.

• SB 1031 (dangerous; incompetent defendants; study committee)

The bill would create a Study Committee on Incompetent, Nonrestorable and Dangerous Defendants to evaluate short-and long-term treatment and supervision. The committee would include a person with expertise in developmental disabilities. It passed the Senate 30-0 last week and awaits a hearing in the House.

• SB 1037 (special education; audit; cost study)

The bill would require the Arizona Auditor General to audit special education programs in Arizona. It was held in the Senate Committee on Education this week, and is not scheduled for a hearing in the Senate Committee on Appropriations.

• SB 1102 (appropriations; DES; developmental disabilities)

The bill gives money for ALTCS to increase reimbursement rates for services through the Division of Developmental Disabilities. (The bill does not yet include an amount of money.) It has not been heard in the Senate Appropriations and Health & Human Services committees.

• SB 1104 (appropriations; ALTCS; elderly; physical disabilities)

The bill would give funds to ALTCS to increase payment to providers for services to the elderly and  persons with disabilities. It has not been heard in the Senate Appropriations and Health & Human Services committees.

• SB 1198 (public accommodation; services; civil actions)

The bill would require a delay and specified notification before a lawsuit for ADA noncompliance. It has not been heard in the Senate Judiciary Committee.

• SB 1317 (schools; specially designed instruction)

The bill would expand specially designed instruction to include instruction from a person certified by the Board of Education and determined to be an appropriate provider for the student’s needs. It passed the Senate Committee on Rules this week.


Seeking to present a mutually acceptable alternative to SB 1198 -- a measure that appears likely to cause great friction between the disability community and business operators -- Rep. Maria Syms this week introduced HB2504. Syms' bill provides for the sanctioning and fining of attorneys who file ADA- or AZDA-related lawsuits against operators of public accommodations on the pretext of forcing them to come into compliance with the law, when in fact it is little more than an attempt to extract hefty payments in order to avoid litigation.

The House bill has broad support from the state's disability and advocacy organizations. Unlike the Senate bill, HB2504 does not mandate a waiting, or "cure", period to allow a business to comply before a complaint may be filed. While disavowing the predatory practices of attorneys using the ADA to enrich themselves, disability advocates argue that nearly 27 years since passage of the ADA, most businesses have no excuse for not being in compliance already -- and that no other group is forced to wait an additional period of months before being allowed to exercise their legal rights.

 
Families who serve as caregivers to a loved one would qualify for an income tax credit in Arizona under a proposal approved by the House Committee on Ways & Means this week. HB 2209, which would give a credit of 50% of qualifying expenses up to $1,000 for individuals making $75,000 or less per year, received bipartisan support from the committee. AARP, which supports the legislation, said there is a growing population of Arizonans responsible for elderly adults and other family members who require costly live-in care. “Budgets are tight,” acknowledged one supporter, “but family caregivers are truly the unsung heroes. I think this will be a great move for our state.”
 
The bill drew some opposition from committee members who opposed the use of resources for what they viewed to be growing demands on government. The majority of the committee, however, supported the bill for that same reason, praising it as a small step toward funding for individuals who had not received assistance from underfunded state health and welfare programs.
 
The proposal now moves to the full House for consideration.
  
In his State of the State speech to kick off the 2017 legislative session, Governor Ducey called for an expansion of newborn screenings to include testing for Severe Combined Immunodeficiency, or SCID. “We have the power to save these precious human lives,” the Governor said. “So let’s act with urgency.”
 
This week, the Senate Committee on Health and Welfare agreed with the Governor’s wishes, unanimously approving a proposal that would raise testing fees and expand the newborn screening panels.
 
SB 1368 was supported by parents of children who had suffered from SCID, and by a variety of health care advocacy organizations. It now moves to the full Senate for consideration.
  
House and Senate committees have approved proposals that would expand professional licensure to those who have been convicted of non-violent crimes. The sponsor of HB 2290, Representative Tony Rivero (R-Peoria), said Arizona needs to provide the ability for those who have served time for crime to return to work. Supporters of the bill agreed with him, citing evidence that employment reduces recidivism.
 
The bill, and an identical proposal in the Senate, would authorize a short-term professional license for up to a year, with some reporting and oversight requirements for those on community supervision, probation, or other post-conviction measures. The idea drew bipartisan support from legislators who believe the bill will offer a path forward for those who have served time for a past mistake. 
 
The identical bills in the House and Senate will allow the legislature to fast-track the bill to the Governor’s desk.​