State Sues Feds Over Unconstitutional Tax Mandate

State Sues Feds Over Unconstitutional Tax Mandate

On Thursday, the Arizona Attorney General’s Office filed a lawsuit against the federal government in an effort to challenge the Tax Mandate portion of the American Rescue Plan Act.

The Act threatens to penalize states by withholding federal COVID-19 relief funding if they lower taxes in any fashion, according to the Attorney General’s Office (AGO).

Thee state argues that the Tax Mandate of the Act is unconstitutional and threatens its sovereignty.

In the lawsuit filed in the U.S. District Court of Arizona, the AGO argues the Tax Mandate is ambiguous and the Treasury has failed to provide Arizona with the proper assurances that states can continue to craft their own tax policies and budgets without fear of federal encroachment, even if those policies are unrelated to relief funds.

Arizona is asking the court to provide both declaratory and injunctive relief.

The Tax Mandate of the Act forbids states from using the relief funds to “directly or indirectly offset a reduction in… net tax revenues.”

The AGO also argues the Tax Mandate represents an “unprecedented intrusion on the separate sovereignty of the States through federal overreach. The Tax Mandate undermines democratic accountability by empowering current governors in ways that violate separation of powers. Because the Act funds are available until 2024, a single governor could bind both the state legislature and a successor governor from providing any tax relief in the future. This would be a clear intrusion by Congress upon the democratic structures of the States.”

Arizona’s State Fair Set To Return, And Relocate

Arizona’s State Fair Set To Return, And Relocate

The Arizona State Fair Board voted this week to temporarily relocate the State Fair to a new location for 2021. The Board’s decision will allow the fair to proceed later this year.

The Arizona State Fair is an annual event that draws more than one million guests.

Since last year, the State Fair has been a key location for mass testing and vaccine distribution. This temporary relocation allows the fair grounds to continue to be available for public health needs in an underserved area of our community.

Last fall, the State Fair was canceled due to COVID-19, prompting an offer from the Gila River Indian Community (GRIC) to host the 2021 fair on the Wild Horse Pass Development Authority (WHPDA).

The Governor’s Office in its announcement, said the “area is larger than the size of the State Fairgrounds in Phoenix, allowing for appropriate social distancing and other public health mitigation measures.”

“The Arizona State Fair is a beloved annual tradition for countless Arizona families,” said Governor Ducey in the announcement. “This gracious offer by the Gila River Indian Community and today’s decision by the Arizona State Fair Board ensures that another year won’t pass without a State Fair.”

Ducey Cites COVID Case Rates To Lift Mask Mandates, Open Bars

Ducey Cites COVID Case Rates To Lift Mask Mandates, Open Bars

On Thursday, Arizona Gov. Doug Ducey announced his decision to lift the state’s restrictive COVID-19 measures. The governor cited the declining case rates and number of vaccinated Arizonans as reasons the measures are no longer necessary.

Ducey’s order still allows businesses to enforce mask mandates if they want, but cities, towns and counties must lift theirs.

According to the Governor’s Office, “3,041,773 doses of COVID-19 vaccine had been administered to 1,927,278 individuals in Arizona, including 1,185,986 who have been fully vaccinated.”

There has also been 10 weeks of declining cases, and hospitalizations at the lowest level since the end of September.

Under the changes announced on Thursday:

Events of more than 50 people will no longer need the approval of local governments. These events should continue to follow safe practices and CDC recommendations, including physical distancing. This includes youth sports.

The business guidance will transition from requirements to recommendations. Governor Ducey is providing businesses with the ability to continue requiring masks and social distancing.

Bars will now be allowed to resume regular operations, with the ability to require social distancing and masks.

“As we’ve said all along, distribution of the vaccine is our best path to getting back to normal, and I want to thank the millions of Arizonans who have rolled up their sleeves to make the distribution and uptake so successful,” said Ducey in a press release. “In Arizona, we never did a shutdown, so it’s impossible to have a grand reopening. Instead, we are continuing to take reasonable, safe and sensible steps. The measures put in place last summer allowed Arizona to fight back COVID-19. I want to thank the local leaders who supported these efforts with their own measures, and the businesses who implemented them. Today, we are in a different spot, and we are also a lot smarter. I’m confident Arizona’s businesses and citizens will continue to practice the fundamentals and act responsibly as we gradually get back to normal.”

New Law Will Provide Civil Remedies For Human Trafficking Victims

New Law Will Provide Civil Remedies For Human Trafficking Victims

On Tuesday, Arizona Governor Doug Ducey signed legislation that will allow victims of human and sex trafficking to take civil action against their perpetrators and anyone else who contributes to their abuse.

Representative Shawnna Bolick introduced HB2116 which received unanimous legislative support. HB2116 stipulates that:

  • A person who engages in the trafficking of another person or a person who benefits from participating in a venture that traffics another person is liable to the person trafficked for damages that arise during the trafficking period.
  • Acquittal, no prosecution or criminal conviction, or conviction of a different offense or of a different type or class of offense do not qualify as a defense to liability.
  • Subjects corporations, associations, and partnerships to liability.
  • A claimant who prevails will be awarded actual damages and may recover additional exemplary damages.
  • Any person found responsible for any amount is jointly liable with any other person found to be liable for the entire amount of damages.
  • If a legal entity is found responsible for trafficking, a shareholder, partner, or member of that entity is jointly and severally liable if the shareholder, member, or partner was found to have personally benefited from the trafficking.
  • There is no statute of limitations for a victim to bring forward a private action.
  • Previously in Arizona, human and sex trafficking were only addressed in criminal statutes. Victims could not take civil action against their perpetrators in state court.

According to the Federal Bureau of Investigation, in the United States, both U.S. residents and foreign nationals are being bought and sold like modern-day slaves. The Bureau says traffickers use violence, manipulation, or false promises of well-paying jobs or romantic relationships to exploit victims. Victims are forced to work as prostitutes or to take jobs as migrant, domestic, restaurant, or factory workers with little or no pay.

“What we are seeing is that there is a ton of activity, there are a ton of people being bought and sold for sex in our community,” Dominique Roe-Sepowitz, Director of Sex Trafficking Intervention Research at Arizona State University, said last April, adding that the traffickers “are being more violent” and are “more likely to be carrying a weapon.”

UArizona Preps For More Students On Campus, Classes Of Up To 100 Students Permitted

UArizona Preps For More Students On Campus, Classes Of Up To 100 Students Permitted

The University of Arizona plans to  allow classes of up to 100 students to meet face to face beginning next week according to President Robert C. Robbins.

From March 15 to March 19, the university administered 8,756 COVID-19 tests, with 26 positives – a positivity rate of 0.3%.

Meanwhile, the UArizona COVID-19 vaccination POD , or point of distribution, still has appointments available this week for people age 55 and older. Those eligible for vaccination can register and schedule an appointment through the Arizona Department of Health Services website. Those who need assistance can email covidhelp@arizona.edu (link sends e-mail) or call 602-542-1000 or 844-542-8201 for help in both Spanish and English.

Beginning Wednesday, March 24, at 8 a.m., any Arizonan age 16 or older will be able to register for a vaccination appointment at state sites, including the UArizona POD, the Arizona Department of Health Services announced Monday .

The university also is partnering with the Maricopa County Public Health Department, the city of Phoenix and the Phoenix Revitalization Corporation on a community pop-up vaccination site for residents 55 and older, Robbins said.