As part of Gov. Katie Hobbs’s (D) latest record-setting batch of vetoes, SB 1091, by State Senator Anthony Kern (R-Glendale), was rejected despite passing through the House and Senate with strong bipartisan support.
“Helping to ensure inmates get back on their feet and become productive members of society after their release is massively important,” said Kern (pictured above, left). “This bill would have really improved the transition process and 70 other lawmakers agreed. Unfortunately, the Governor didn’t take the time to fully understand it.”
FOR IMMEDIATE RELEASE: Governor Shows Ignorance by Vetoing Bill Passed by Supermajority ⬇️ @anthonykernAZ pic.twitter.com/lEKr7SKJyz
— AZSenateRepublicans (@AZSenateGOP) April 20, 2023
As Kern mentioned, his bill would have allowed the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) to expand who can provide inmates with transition program services. Currently, the department is contracted with SAGE Counseling, where eligible inmates can receive 90 days of rehabilitation services. However, Kern’s bill would allow inmates to choose a different nonprofit or private behavior health services provider they want to go through without the ADCRR having to be in a contract with the entity.
However, the noncontracted provider must pass some tests before inmates can enter any programs. For example, it must be capable of providing physical, psychosocial, and educational services, licensed by the Department of Health Services (DHS), and provide the ADCRR with annual information on recidivism rates.
The bill received wide support in the Arizona State Legislature, getting 22 yes votes in the Senate and 49 in the House. Nonetheless, it did not find support at its final destination, Hobbs’s desk. In her veto letter, Hobbs stated that the systems already in place ensure inmates can be released. This bill would result in “less transparency and oversight of services provided to incarcerated people returning to society.”
In response, Kern said Hobbs’s interpretation of the bill was incorrect.
“That [reasoning] couldn’t be farther from the truth. For a service or program to qualify, it must meet and, in some cases, exceed the requirements established for the contracted services. It’s a shame to see yet another strong bipartisan effort get denied,” Kern said.
Furthermore, Kern’s bill was not the only bipartisan effort to get denied. HB 2509, sponsored by State Representative Travis Grantham (R-Gilbert) (pictured above, left), would have expanded allowed what homemade foods, known as cottage food products (CFP), could be sold in the state.
A CFP can only be sold in Arizona when it is shelf stable, so loaves of bread, honey, or dried pasta are ok. However, selling potentially hazardous food or requiring time or heat for safety is illegal, meaning no tamales, meats, fish, or butter. The bill would have allowed for these banned items to be sold but with some regulations attached. If the items are sold online, the seller must provide their registration number and all ingredients in the product and deliver it in person at an appropriate temperature. If a seller failed to adhere to the requirements, DHS would be responsible for revoking their license.
However, Hobbs wrote that the bill would “increase the risk of food-based illness” and does not ensure the food is prepared in a safe environment.
Yet, this veto is not sitting well, even with State Representative Alma Hernandez (D-Tucson), who said it was “not a veto to be proud of, and I know I am not the only one who feels this way.”
Because the bill passed with a supermajority in both houses, Senate President Warren Petersen (R-Gilbert) said he intends to put this bill back up for a vote to override the veto potentially. In response, House Speaker Ben Toma (R-Peoria) said the paperwork is ready.
The veto override motion is prepared. https://t.co/BsBOEaQw1F
— Ben Toma (@RepBenToma) April 19, 2023
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Neil Jones is a reporter for The Arizona Sun Times and The Star News Network. Follow Neil on Twitter. Email tips to [email protected].
Photo “Travis Grantham” by Travis Grantham. Background Photo “Arizona Capitol” by Gage Skidmore. CC BY-SA 2.0.