Legislature adjustments to COVID-19 could have political implications

Senate President Karen Fann told Capitol Media Services that two of her Republican colleagues have said they do not intend to come to the Capitol while there is a risk of viral contamination. (Howard Fischer/Capitol Media Services file photo)

Senate President Karen Fann told Capitol Media Services that two of her Republican colleagues have said they do not intend to come to the Capitol while there is a risk of viral contamination. (Howard Fischer/Capitol Media Services file photo)

PHOENIX - COVID-19 is creating fallout at the Arizona Legislature, with leaders having to figure out whether to stay in session and, if so, for how long -- or whether they should just take a hiatus.

Senate President Karen Fann told Capitol Media Services that two of her Republican colleagues have said they do not intend to come to the Capitol while there is a risk of viral contamination.

One, Sen. Paul Boyer, R-Phoenix, has a new baby. And Sen. Heather Carter, R-Cave Creek, told Fann she has a family member who is part of a "vulnerable population.''

Those decisions have political implications.

Republicans hold just a 17-13 edge in the Senate. And it takes 16 affirmative votes for final approval of any measure.

The absences mean the only measures that could get approved are those in which Republicans can find some Democrat support.

Senate Minority Leader David Bradley, D-Tucson, said he's all for that. But he said it has to be more than just window dressing.

"A bipartisan budget means bipartisan 'yes' and bipartisan 'no,' '' Bradley said. What it does not mean, he said, is crafting a plan that keeps the majority Republicans happy "and then come pat us on the head and say, 'Come along because we gave you two or three things.' ''

"Let's accept that some of your folks aren't going to like whatever we do and accept that some of our folks won't like what we do,'' Bradley said. "But we've got to get to 16 (votes in the 30-member chamber) and figure out how to get there."

Fann said she and other legislative leaders are meeting Monday to decide what to do.

There is nothing in Senate rules that permits a "virtual'' session or for lawmakers to vote remotely.

Legislative leaders took the first steps this past week to try to minimize exposure, from closing the House and Senate galleries where the public can view floor action to telling those who chair committees to find ways to limit in-person testimony.

In fact, there is no legal requirement for legislative committees to even take public testimony. And the requirement for the public to be able to view committee action could be met through both the closed-circuit TV system operated by the Legislature as well as simulcasting meetings on the web.

That, however, still leaves the question of the path forward -- with or without Carter and Boyer.

The only thing the Arizona Constitution actually requires lawmakers to do is adopt a budget. That is not negotiable.

But that task has now been complicated by the virus, specifically the effect on the economy.

Travel and tourism are taking a hit. Spring training has been canceled. Conferences have been postponed.

And on a longer horizon, what's happening in the stock market -- and the possibility of a recession -- affects tax collections.

Fann, a Prescott Republican, said legislative staffers already are looking at revised revenue projections which will be reviewed on Monday.

"We're going to talk about those scenarios and have a discussion about what are those scenarios and what is our next step so we can go back to our members and give them some options and decide how we best proceed from here,'' she said.

One of those options, Fann said, could be to adopt what might be called a "placeholder'' budget that would ensure the basic operation of state government for the coming fiscal year. That could then be reviewed as there is a better handle on the economy and tax collections.

"We are very cognizant of the fact that revenues could be different based on what's happening the last few weeks,'' she said. Any new projections could change what had been in the list of funding priorities that Republican lawmakers -- and separately Gov. Doug Ducey -- started the session within January.

"Some of the things we may have had with the original budget we might say, 'Let's hold off on those until we see where the real numbers are going to be,' '' Fann said.

Then there's the question of Fann having just 15 Republicans in the 30-member chamber for some undetermined period of time.

"It creates a challenge,'' she said. But Fann insisted it's not a huge challenge.

She said the goal always is to have a bipartisan accord. Still, that's not always possible.

"I know sometimes things get a little too 'R' and a little too 'D' when it comes to some of the issues,'' Fann said. Still, she is hoping for cooperation in "unusual circumstances.''

"So let's put the politics aside and figure out how to do what's best for the state,'' Fann said.

Bradley likes the idea of quick action on the budget.

"My recommendation is to try to get this done as quickly as possible,'' he said. "Whether we can do it next week, I don't know.''

Another option would be to simply shutter the session for a couple of weeks. That both gives COVID-19 a chance to run its course -- assuming that it behaves like other viruses -- as well as provide a more certain revenue picture. Bradley, however, doesn't think that's a good idea, suggesting it actually might lengthen the session.

"I think it would drag for another six or eight weeks,'' he said.

Bradley said that any bid for bipartisan cooperation will mean that Republicans have to give up on most of their proposals for sharp tax cuts, especially with the uncertain long-term effects of the virus on the economy.

"We've done this before, cut taxes right before a recession,'' he said, referring to those approved nearly two decades ago, before the state found itself with a $3 billion deficit. "And look what happened."

On Twitter: @azcapmedia


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