Judge tosses suit against MPS over student transgender guidelines

Maricopa County Superior Court Judge Danielle Viola threw out a lawsuit filed by Mesa Public Schools board member Rachel Walden against the board for guidelines about transgender students on Friday. The lawsuit, brought by Walden and Trump-aligned America First Legal, claimed the school district’s guidelines surrounding transgender students violate Arizona’s parents’ bill of rights. The guidelines allow trans students to use their preferred pronouns and names and to use bathrooms that align with their gender identity. Viola – a Brewer appointee – said Walden had no grounds to sue as a board member and under the Arizona parents’ bill of rights because she did not claim to be a parent. Walden is currently running on an unofficial Republican slate for Arizona Corporation Commission, alongside incumbent Commissioner Lea Marquez Peterson and Rene Lopez. In a statement sent to our reporter, Walden said she plans to file an appeal, meaning it would likely continue into her term as a commissioner if she were to be elected in November. “Judge Viola dismissed the case on procedural grounds and never reached the merits of our arguments. If she had reached the merits, we’re confident she would have been forced to conclude that MPS’s trans policy is blatantly illegal and unconstitutional,” Walden said in the statement.

Mayes, Mitchell fight over who gets to issue execution warrant

Mayes continues to assert that her office has the sole power to seek execution warrants in new court filings after Mitchell attempted to request one in May for death row inmate Aaron Gunches. Mitchell argued that because the Maricopa County Attorney’s Office represents the state in criminal cases, she should be able to obtain an execution warrant. In a supplemental briefing filed to the Arizona Supreme Court, Mayes says the attorney general has a statutory obligation to represent the state in the Supreme Court and federal court. Her office also is obligated to represent the Arizona Department of Corrections, Rehabilitation and Reentry, which would carry out the execution warrant if it were ordered. Mitchell does not have authority to represent the state outside of Maricopa County courts, making her argument invalid according to the attorney general’s office. Mayes also cited a failed legislative resolution that would have given county attorneys the power to request an execution warrant if the attorney general did not, saying it was evidence that Mitchell currently had no authority under the law to request one. HCR 2030 (Death penalty writ of execution) was introduced by Biasiucci but never made it out of committee. In her supplemental briefing, Mitchell argues that Mayes is violating the law by refusing to proceed with Gunches’ execution and violating the rights of the victims’ families. In 2002, Gunches killed his girlfriend’s ex-husband and attempted to kill an Arizona Department of Public Safety trooper. Mitchell argues in her brief that “‘the State’ unambiguously encompasses all prosecutors and prosecuting agencies…” according to Rule 31.23 of the Arizona Rules of Criminal Procedure. The Arizona Supreme Court will decide who has the authority to obtain execution warrants, but it’s unclear when a ruling will be issued.

State officials look to more data, new forecast to determine Medicaid’s budget impact

State officials on Tuesday said they were waiting for fiscal year-end data and a new Medicaid forecast to ascertain how the program’s ballooning expenditures will affect the state’s bottom line.

State Comptroller Elise Nieshalla, Office of Management and Budget Director Cris Johnston and Acting State Budget Director Joseph Habig held a news conference Tuesday highlighting Indiana’s fiscal year-end data. Yet they gave few updates regarding the state’s Medicaid program because officials were still awaiting June’s Medicaid financial data.

State officials in December reported a nearly $1 billion forecasting error. At the time, state lawmakers pledged to cover the unexpected shortfall with an additional $713.1 million over the biennium from the state surplus and $271.2 million out of a Medicaid reserve account. (Tuesday’s fiscal year data reflected the same dollar amounts.)

That month, officials predicted the state’s Medicaid funding shortfall to be $255.2 million for the fiscal year. Through May, the latest month data was available, the projection had increased to $392.9 million, the Indiana Family and Social Services Administration reported, cautioning that some of the increase stemmed from assessment fee collection timing. Yet-to-be-released June data will determine whether the state’s $255.2 million estimate was too high or low.

State officials in December estimated the shortfall for fiscal year 2025 to be $457.9 million. Johnston, however, said that estimate could change with a new Medicaid forecast later this year.

“This December’s forecast — they will take into consideration some of the actions that FSSA [Indiana Family and Social Services Administration] has taken and factor that into their forecast,” Johnston said. “So I’d imagine that $457 million is going to be a different number come later this year.”

Since last December, the Indiana Family and Social Services Administration has implemented changes to what it says was the main cause of the increased Medicaid costs — what used to be the state’s Aged and Disabled Waiver. (The waiver has since become two separate waivers: the Health and Wellness Waiver, for Hoosiers aged 59 and younger, and the PathWays for Aging Waiver, for Hoosiers aged 60 and older.)

Specifically, attendant care expenditures under the now-severed waiver were driving the increases, according to the administration. In commentary released with its May Medicaid financial report, the administration reported that attendant care expenditures for the fiscal year have exceeded the December 2023 forecast by $42.8 million and the budget by $503 million.

According to the administration’s May Medicaid financial report, the state’s fiscal year-to-date Medicaid expenditures were more than $62 million, after adjustments, above what the December forecast predicted. And through May, Medicaid expenditures for nearly 2 million Hoosiers outpaced what lawmakers had budgeted for by $384 million, after adjustments.

The administration has moved to corral attendant care expenditures by no longer allowing spouses, biological parents and guardians of minors — whom the state dubs “legally responsible individuals” — to provide attendant care. Earlier this year, the agency allowed them to transition to the state’s Structured Family Caregiving program, which often pays less under a capped per diem structure. The switch and other changes are estimated to save the state about $300 million over the biennium, the administration says.

State officials on Tuesday said Indiana was sitting on a nearly $2.6 billion surplus. But some remained cautious about the news, including Sen. Ryan Mishler, R-Mishawaka, who said in a statement the state’s Medicaid spending “is not sustainable and could adversely affect other aspects of our state’s budget.”

Even after the state’s “unwinding” efforts — which have seen more than 400,000 Hoosiers disenrolled from Medicaid since April 2023 (about a quarter of whom have re-enrolled, according to the administration) — Indiana’s Medicaid spending for the 2024 fiscal year through May was up by nearly $2 billion compared to the prior fiscal year at the same time.

Further highlighting the increased costs to the state, no reversions were made from the Office of Medicaid Policy and Planning in the 2024 fiscal year. More than $526 million in reversions were made during the 2023 fiscal year.

Contact Jarred Meeks on X @jarredsmeeks or email him at [email protected].

Correction: This article has been updated to reflect Cris Johnston’s correct job title.

USPS audit shows deficiencies in KC metro operations

A recent United States Postal Service audit revealed that the Kansas City metro’s delivery operations are inefficient, including at two Kansas locations.

The postal service’s Office of Inspector General performed audits at the Kansas City Processing and Distribution Center and delivery units in Mission; Kansas City, Kansas; and Kansas City, Missouri, during the week of May 13.

Kansas’ offices — Robert L. Roberts Station (Kansas City) and Shawnee Mission Post Office (Mission) — had deficiencies in all five areas of review: delayed mail, package scanning, arrow keys, carrier timekeeping and property conditions, according to the audit.

Auditors said they selected the locations because of concerns raised by U.S. Sens. Roger Marshall, R-Kan., and Josh Hawley, R-Mo.

The audit reaffirmed the persistent mail delivery problems, Marshall said in a news release Monday. He said Kansans deserve “consistent and reliable” services.

“I hope the USPS will take these findings and implement real solutions to these problems. Until this is addressed, our team will continue to sound the alarm,” Marshall said. “We know the problems now, we need solutions.”

The distribution center in Kansas City, Missouri, had 103,273 outbound trips from April 1, 2023, through March 31, 2024.

About 53.7% of those trips were late (28,026), canceled (24,782) or extra (2,665).

Management at the Kansas post offices said the delays from the distribution center affected the offices’ operations, resulting in late mail delivery on their end.

The audit also found that the post offices didn’t properly manage their arrow keys used to open various mailbox types, which auditors said increases the risk of mail theft.

At the Kansas City office, auditors said 12 of the 47 keys at the unit weren’t on the list and eight of the 43 keys couldn’t be located.

At the Mission office, auditors said nine of the 50 keys were not on the list and seven of the 48 keys on the list could not be located.

Post office administrators for the Kansas City metro agreed with the audit’s findings.

Marshall said a second report, with details on solutions to address the issues, would come in mid-September.

Bryan Richardson is the managing editor at State Affairs Pro Kansas/Hawver’s Capitol Report. Reach him at [email protected] or on X @RichInNews.

Indiana budget future cloudy with slow tax growth, Medicaid cost jump

Slow growth in tax collections over the past year and a big jump in Medicaid expenses took a bite out of Indiana’s state government surplus.

Indiana’s fiscal year report released Tuesday showed the state ended June 30 with $2.55 billion in cash reserves — a figure down by $375 million, or 13%, from a year ago.

The overall surplus is expected to shrink by about $200 million more in the coming year.

That could make it difficult for the Legislature to give significant funding increases to schools and other programs when a new two-year state budget is debated in 2025 with a new governor in office.

State Office of Management and Budget Director Cris Johnston said he believed prudent budgeting by the Legislature has left the state with sufficient surpluses.

“These reserves, which are still at the 10% to 12% range, I think, give us the confidence that we’ll still be able to deliver on services,” said Johnston, who is Gov. Eric Holcomb’s top fiscal adviser. “We’ve been waiting for this severe recession for the last couple of years and it hasn’t really happened. So we’ll see what happens. People are looking a lot at interest rates and consumer spending. I’m confident going into the next budget session and I think we’ve got all the tools set up to continue that fiscal discipline.”

Possible warning signs ahead

The three main sources of state revenue — sales, individual income and corporate income taxes — grew less than 1% from the previous year and came in about 3% less than the projections that legislators used in drafting the current state budget in 2023.

Continue reading “Indiana budget future cloudy with slow tax growth, Medicaid cost jump”

Statehouse Briefs: Flags at half-staff to honor late Speaker Barkis

Flags at state facilities will be lowered to half-staff to honor late Speaker Marvin Barkis, Gov. Laura Kelly ordered Tuesday.

Kelly ordered the flags lowered from now until sundown the day Barkis is buried. The former representative’s obituary does not include a funeral date, but a celebration of life is scheduled for Oct. 11 in Paola.

Barkis died July 19 at the age of 81. He served in the Kansas House of Representatives from 1978 until 1993.

During the last two years of his tenure, Barkis led the chamber as Kansas’ last Democratic speaker of the House. He was one of only three members of his party to hold the position.

In a statement, the governor offered her condolences to Barkis’ family and praised his work on school and family issues.

“His contributions to our state will not be forgotten,” Kelly said.

$1.3M in art grants announced

Nearly $1.3 million in Kansas Arts Commission grants was awarded Tuesday to 108 recipients in 42 counties.

Lt. Gov. David Toland, who also serves as secretary of commerce, announced the awards Tuesday.

“It is important for the state to engage, connect and support the abundant creativity that can be found throughout Kansas,” he said in a news release.

Funding for the art grants comes from the Legislature and the National Endowment for the Arts. According to the release, the money will support art projects including museums, murals, music and more.

The 108 grants came in four categories:

  • Arts Everywhere: Programs, exhibitions and other arts and cultural projects
  • General Operating Support: Funding an arts organization’s budget
  • Visiting Artists: Bringing professional artists to Kansas audiences
  • Public Art and Murals: Public installations that highlight local communities

As of 2022, arts and cultural production made up 2.2% of the state’s gross domestic product, according to the U.S. Bureau of Economic Analysis. The industry contributes more than 41,000 jobs.

Brett Stover is a Statehouse reporter at State Affairs Pro Kansas/Hawver’s Capitol Report. Reach him at [email protected] or on X @BrettStoverKS.

Tennessee government ‘citizen-facing’ systems back to near normal after national meltdown

Tennessee Department of Finance and Administration officials say nearly all of the state’s “citizen-facing” systems are up and running following last weekend’s national meltdown caused by a defective software update sent by global cybersecurity leader CloudStrike to Microsoft’s Windows operating system.

“At this point, we can confirm that 99% of our citizen-facing systems were up by the end of the weekend,” department spokeswoman Gina Long said.

Finance Commissioner Jim Bryson said CrowdStrike had a “major impact” on the state along with companies across the country. 

“We worked all through the weekend to get our servers and our individual workstations up,” Bryson said as he left a State Building Commission subcommittee meeting with state Treasurer David Lillard and Comptroller Jason Mumpower on Monday.

“We’re making a lot of progress on it. We still have a lot to do,” he said. “But we’re working on it very hard and we have a lot of people dedicated to it.”

Bryson also said CloudStrike and Microsoft have worked with the state to “help us develop ways to get people up faster.” It’s been a “very manual process,” he added.

Tennessee Department of Safety and Homeland Security spokesman Wes Moster said Driver Services Centers had “sporadic” impacts. By Monday all centers were operating normally, he said.

Treasurer Lillard quipped that “it hasn’t affected our operations except to the extent we’ve had some screens show the ‘blue screen of death.’” But he said his IT team worked through everything with the help of F&A’s Strategic Technology Solutions office. Lillard described it as a “minor irritation the other day, but that’s all.”

“Not a disaster,” the treasurer added.

“And we haven’t gotten anybody stuck in other cities that can’t get home that I know of,” Lillard said, alluding to fellow Republicans who were hit by the outage as they sought to leave Sunday from the Republican National Convention. “We’re fortunate, just lucky is what we are.”

U.S. Rep. Chuck Fleischmann, R-Ooltewah, was said to have shelled out $2,900 for cab fare to ferry himself and others from Milwaukee back to Southeast Tennessee.

Delta, American, United and Allegiant airlines were affected by the glitch. Southwest Airlines was not.

Mumpower said his office uses different software, so the meltdown didn’t affect his staffers.

“We for audit purposes have for years been on a different system than other state agencies,” he said.

But the comptroller is not exactly lording over other agencies’ woes.

“It’ll be us with the way this stuff goes,” he said. “Just not this time.”

Indiana DNC delegation endorses Harris

Indiana’s Democratic National Convention delegation on Monday unanimously voted to endorse Vice President Kamala Harris’ presidential candidacy, the state party said.

Indiana’s 88 delegates, originally pledged to President Joe Biden, are unbound to any specific candidate after he announced Sunday he was leaving the race.

Their endorsement comes as Democrats across the country have moved to support Harris in the last two days.

After receiving Biden’s endorsement, Harris, the presumed front-runner for the party’s nomination, has since collected endorsements from other prominent party members, including U.S. Secretary of Transportation Pete Buttigieg, Michigan Gov. Gretchen Whitmer and California Gov. Gavin Newsom.

The Associated Press reported Monday that Harris has secured enough delegates’ support to win her party’s nomination.

The delegation supported Harris “so that she can continue the legacy of unprecedented job growth, historically low unemployment, and fighting for reproductive freedom in all 50 states,” Indiana Democratic Party Chair Mike Schmuhl said in a news release.

The party also announced Monday that former U.S. Sen. Joe Donnelly will serve as the state’s delegation chair at the convention, which is scheduled for Aug. 19-22 in Chicago.

Contact Jarred Meeks on X @jarredsmeeks or email him at [email protected].

 Kamala Harris’ presidential bid reinvigorates Georgia Democrats

Georgia Democrats have gained new momentum heading into the November election, propelled by President Joe Biden’s decision to bow out of his reelection bid and hand the reins to Vice President Kamala Harris.

The historic decision, announced Sunday, is expected to prove pivotal in the national and state political arenas and breathe new life and purpose into statewide elections in Georgia, political observers and legislators said. 

By Monday afternoon, the Georgia Senate Democrats publicly endorsed Harris on X. She also received endorsements from over half the national Democratic delegates she needs to secure her party’s nomination.

Harris has visited Georgia at least four times this year stumping for Biden, urging Georgians to “get the word out” about the White House economic agenda and get out “into the streets.”

“This shakes it up,” University of Georgia political science professor Charles Bullock told State Affairs about Harris’ entry into the presidential race.

Josh McKoon, chairman of the Georgia Republican Party, said Harris has a “very similar campaign” to Biden’s. 

“Obviously she owns the record that has been compiled [by the Biden administration] over the last three and a half years,” McKoon told State Affairs. “I don’t see much of a difference, other than I’m sure we’ll be having an honest conversation about her record of putting young Black men in prison for nonviolent drug offenses as a prosecutor in California, and contrasting that with President Trump’s championing the First Step Act to give people shorter sentences so they can rebuild their lives and be fully rehabilitated and become productive members of society. Other than that, I don’t see a really big change in terms of what the issues are that we’ll be talking about and how we’ll be going about turning out our voters.”

Continue reading ” Kamala Harris’ presidential bid reinvigorates Georgia Democrats”

Wake Up Call for Tuesday, July 23, 2024

Arizona’s political community reacts to President Biden dropping out of race Capitol Media Services The Sunday announcement by Joe Biden that he was not running for reelection and endorsing Vice President Kamala Harris produced a flurry of reaction on social media from Arizona politicians, elected officials and groups. Joe Biden has dropped out. Here’s what it means for Arizona ballots. AZ Mirror President Joe Biden has dropped out of the 2024 race but what does that mean for Arizona’s November ballot?  Sen. Kelly, delegates, ballot deadlines: 4 Arizona election questions answered now that Biden has dropped out AZ Luminaria resident Joe Biden’s announcement July 21 of his decision to drop out of the U.S. presidential race has prompted a flurry of concerns and questions in Arizona, including how the Democratic National Convention will work, who will become the party’s nominee, and who will be that nominee’s choice for vice president.  Arizona Democratic Party officially pledges support to Harris; delegates still up in the air AZ Family The Arizona Democratic Party has pledged its support to Kamala Harris as the party continues to unify around the presumptive nominee. Arizona Gov. Katie Hobbs endorses Kamala Harris Fox 10 Phoenix A day after President Joe Biden announced he would not seek reelection, Arizona Governor Katie Hobbs put her support behind the vice president. Arizona Tax Court Must Consider Contract in Power Plant Tax Case Bloomberg A tax court must consider whether a power-purchase agreement affects the value of a plant because the agreement could generate a potentially relevant source of income, the Arizona Supreme Court said Monday. Harris has some good VP choices. The best one is Mark Kelly The Washington Post As the Democratic Party coalesces around Vice President Harris to be its nominee following President Biden’s withdrawal from the race on Sunday, attention is quickly turning to the next matter at hand: Who should she pick for a running mate? There's a deep bench of Democrats to replace Sen. Mark Kelly if he becomes VP Arizona Republic For the first time in a while, Arizona Democrats have a solid pool of leaders to replace U.S. Sen. Mark Kelly — if need be Sen. Justine Wadsack is popped for doing 71 in a 35 zone. Naturally, she sees a conspiracy Arizona Republic The most eye-popping part of the latest news about Sen. Justine Wadsack, alleged criminal speeder, is not the way she tried to use her status as a state senator to wiggle out of a traffic ticket. The reason to tap Mark Kelly for VP that no one's talking about Arizona Republic We forget sometimes that politicians are people, and in doing so, we misjudge their ability to govern because we base our support on the politics instead of the person.

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