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Senate committee backs amendment to bar seizure of military families' scholarship accounts
Summary
The Senate Appropriations, Transportation and Technology Committee on June 11 adopted a strike‑everything amendment to HCR 2048 and returned the measure with a due‑pass recommendation. The amendment would add a constitutional prohibition against confiscating scholarship‑account funds of students who are children of military families and would void later measures that conflict with it.
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The Arizona Senate Appropriations, Transportation and Technology Committee voted on June 11 to adopt a strike‑everything amendment to HCR 2048 and return the measure with a due‑pass recommendation, moving a proposed constitutional protection for scholarship accounts held for children of military families.
Representative Wei (LD 15), the bill sponsor, told the committee the proposal rests on a single principle: “Arizona should not confiscate education scholarship dollars from military families.” He said military children face unique disruptions — moves, deployments and, in the worst cases, death in service — and that the amendment would enshrine a prohibition against taking scholarship‑account monies that can be used for postsecondary tuition and fees.
Supporters argued the amendment would ensure families who choose to steward ESA money for college are protected. “I would ask, why are we confiscating funds from these students? These are children of families who have served this nation on active duty or given their lives in the line of duty,” said Matt Feinberg, director of education policy at the Goldwater Institute, who testified in favor of the change and said the measure would go to voters as a constitutional amendment.
Opponents pressed two lines of concern. Several senators asked why K‑12 taxpayer dollars might be set aside and later used for college, and whether the amendment’s language would effectively protect only military families rather than all ESA recipients. Senator Epstein argued the referral was unvetted and designed to undercut a pending citizen initiative. “This HCR has the audacity to say the well thought out and thoroughly vetted protect education initiative … that this shoddy work should come in and void the will of the voters,” she said.
Legal testimony presented to the committee emphasized the hierarchy between the constitution and statutes: Peter Gentella, president of the Center for Arizona Policy, told members that, if enacted by voters, a constitutional amendment would supersede conflicting statutes or voter initiatives and would render conflicting measures void on their face.
The committee adopted the Farnsworth strike‑everything amendment and then voted to return HCR 2048 as amended with a due‑pass recommendation. The chair announced the committee’s tally as "ayes 4, nos 4, and 1 not voting." Several senators offered on‑the‑record explanations of their votes during the roll call; those explanations ranged from concerns about ESA oversight and public‑school funding to statements that the amendment was a proper protection for military families.
The committee has advanced the measure to the next stage with a due‑pass recommendation; no date for further floor action was announced at the committee’s adjournment.
