Governor Ducey Gives Hospitals Vaccine Mandate Power and $35.2 Million

Governor Ducey Gives Hospitals Vaccine Mandate Power and $35.2 Million

By Corinne Murdock |

Governor Doug Ducey carved out an exemption for hospitals in his renewed executive order addressing COVID-19 vaccine mandates (EO 2021-21), though it banned the state and all counties, cities, and towns from implementing any. Additionally, Ducey issued hospitals $35.2 million in grants to aid in staffing shortages. The $35.2 million meted out to $1.2 million in dialysis center support to Valleywise Health, $6 million for more beds, and $28 million to extend around 300 nursing staff contracts.

According to campaign finance records, Arizona’s hospitals did greatly support Ducey during both of his gubernatorial campaigns: Tenet Healthcare, West Valley Hospital, Carondelet Health, Honor Health, Maricopa Integrated Health System (now Valleywise Health), Banner Health, Dignity Health, and Yuma Regional Medical Center.

Health insurance giants also supported Ducey during his two campaigns: UnitedHealth, WellCare Health Plans, Cigna, and Blue Cross Blue Shield.

Makers and distributors of the COVID-19 vaccine had Ducey’s back as well: Pfizer and McKesson donated thousands to Ducey’s campaigns respectively. McKesson is a major distributor of the COVID-19 vaccine, and Ducey’s special advisor on vaccination efforts, Dr. Richard Carmona, was one of the latest additions to the distributor’s board. Carmona was appointed to the board about two weeks after Ducey announced him as an advisor to the state. 

12 News reported Carmona receives approximately $400 an hour from the state to promote the vaccine through Arizona Department of Health Services (ADHS). For about two collective weeks of work, Carmona has earned over $35,000. ADHS spokespersons confirmed that Carmon will remain in his advisory role past the December 31 contract end date — possibly through 2022. 

The Arizona Hospital and Healthcare Association (AHA) thanked Ducey for this decision to reaffirm their mandating abilities. The AHA and its former president supported Ducey during both his runs for governor with thousands in donations. 

The funds follow $60 million allocated in September to aid in health care facility staffing for administering treatments to decrease COVID-19 hospitalizations. 

Arizona, like many other states, is facing a nursing shortage; their number determines the number of beds available for patients. Earlier this month, ADHS asked the Federal Emergency Management Agency (FEMA) for staff who can aid in monoclonal antibody treatments at Banner Health, Carondelet St. Joseph’s Hospital, Banner Health Plus, Banner Estrella Medical Center, Valleywise Health Medical Center, Dignity Health Arizona General Hospital, and Abrazo Central Campus, as well as emergency support at Yuma Regional Medical Center and Canyon Vista Medical Center. 

ADHS confirmed the first case of the Omicron variant of COVID-19 last week in Yavapai County.

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Arizona Corporation Commission: Utilities Can’t Mandate Employee COVID Vaccines

Arizona Corporation Commission: Utilities Can’t Mandate Employee COVID Vaccines

By Corinne Murdock |

The Arizona Corporation Commission (ACC) passed a motion to prohibit utility companies from mandating the COVID-19 vaccine for their employees, 3-2. Commissioners Lea Márquez Peterson, Justin Olson, and Jim O’Connor voted for a policy prohibiting COVID-19 vaccine mandates; Commissioners Sandra Kennedy and Anna Tovar voted against it. If utility companies do impose a mandate down the road, they will be subject to fines. 

O’Connor insisted that it wasn’t good for employment or individual choice to allow utilities to mandate the COVID-19 vaccine. He reminded the commissioners that all of President Joe Biden’s vaccine mandates have been halted by federal courts.

“I think this is our good way of taking care of Arizona’s citizens, workers, and voters,” said O’Connor. “If you force-vaccinate everybody and either having a lot of people leave or fire a lot of people — how do you keep the lights on? How do you keep the water flowing? How do you keep running the business? […] And then, how are you going to treat these employees on their way out the door, after their ten, twenty, thirty years of insurance?”

Olson added to O’Connor’s remarks with a more pointed criticism of Biden’s mandate. 

“The unconstitutional overreach of the Biden Administration needs to be challenged,” said Olson. “It is absolutely inappropriate for the government to require anyone to be vaccinated against their will. Anybody has the right to receive the vaccination, but we as the government do not have the right to be requiring folks to make a choice between receiving a vaccine against their will or losing their employment.”

None of the utility companies present at the meeting reported having a vaccine mandate. The companies all noted that they would comply with federal law and regulations.

Kennedy criticized the commission, saying that mandatory vaccinations aren’t new concepts and that those opposed to vaccine mandates are making the pandemic a partisan issue. She added that the vaccine didn’t fall under the question of freedoms.

“It is not responsible for a commission without a single expert in health care or medicine to weigh in on this issue,” said Kennedy. “It is also not responsible for commissioners to make statements spreading unfounded rumors which confuse and endanger the public. I would ask commissioners, before you take a stance possibly geared towards political ambition, to consider the Arizonans filling our hospitals and in ICU beds right now. Many hooked onto ventilators, dying alone.”

Olson responded by reiterating the ACC’s constitutional responsibility to protect employees’ freedom to choose. 

Tovar said she felt it was premature to vote on something barring vaccine mandates when there aren’t any in place currently. 

The policy to bar vaccine mandates was introduced by Olson and O’Connor last month. 

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Secretary of State Hobbs Suggests Expansive Election “Reforms”

Secretary of State Hobbs Suggests Expansive Election “Reforms”

By Corinne Murdock |

Arizona Secretary of State Katie Hobbs introduced four pages of election reform suggestions for the legislature on Wednesday. Suggestions included same-day voter registration using provisional ballots, early voting expansion to include the weekend before Election Day, automatic felon voting rights restoration, removal of state ID requirements for online voter registration, a ban on foreign contributions to ballot initiatives, expansion of allowed campaign fund expenditures for “things like child care,” and requiring political action committees (PACs) to disclose any spending in the ten days before registering as a PAC and seventeen days before an election.

Additionally, Hobbs proposed new types of post-election audits, like risk-limiting audits, as well as mandating and streamlining hand count audits. She also suggested adopting Colorado’s practice of using a monthly National Change of Address (NCOA) report to update voter mailing addresses automatically and notify the voter of the change at their old and new address for corrections, as well as allowing Electronic Registration Information Center (ERIC) data as a first notice of a person moving.

Hobbs noted that her list of proposals wasn’t exhaustive.

In the letter to Senator Karen Fann (R-Prescott), Hobbs cited the need for these election reforms based on lack of closure with the 2020 election.

“It’s no secret that election-related legislation will be a top priority during the upcoming legislative session, and as you know, far too many people seem to believe that the 2020 election has not yet ended,” wrote Hobbs. “Indeed, it’s December 15, 2021, and media reports indicate that Cyber Ninjas have still not completed their ‘audit.’ It’s my fear that our lawmakers will waste time and resources this session trying to pass legislation that accomplishes little more than making it more difficult for election officials to administer elections and more difficult to vote.”

Hobbs characterized her suggested reforms, some of which related to policies in other states that sowed controversy and mistrust in the 2020 election, as the “real solutions.”

“These reforms will make our elections more secure, inclusive, and transparent. Let’s focus on real solutions instead of chasing conspiracies and the favor of those who spread them,” tweeted Hobbs.

In the September draft of the Election Procedures Manual, Hobbs proposed to require counties with precinct-based polling places to count votes by out-of-precinct voters. 

Hobbs also urged the Senate last month to establish more protections for federal workers, in the wake of harassment and threats to her and other election officials concerning the 2020 election. 

In a CNN opinion piece last month, Hobbs insisted that “battling misinformation” was the only means of protecting elections. However, the secretary of state has insisted that she has limited ability to address speculation and “conspiracies” surrounding the 2020 election. Hobbs claimed to Axios that the state legislature doesn’t want her office to use funds for educating the public on election issues and laws.

“[They have] made it clear that they don’t want our office to use funds for public education,” claimed Hobbs.

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Key Arizona Commercial Real Estate Association Releases 2022 Legislative Agenda

Key Arizona Commercial Real Estate Association Releases 2022 Legislative Agenda

By Terri Jo Neff |

The Arizona Chapter of NAIOP, otherwise known as the Commercial Real Estate Development Association, has released its 2022 legislative public policy agenda which seeks to continue the momentum of recent sessions, NAIOP Arizona’s CEO Suzanne Kinney announced this week.

“With the monumental changes of the past two years, 2022 presents a unique opportunity for our market to break away from the pack,” Kinney said. “We will aggressively pursue legislation that will help accelerate our movement towards Tier 1 status for business attraction and job creation.”

Leading NAIOP Arizona’s legislative efforts will be its 2022 Executive Committee comprised of Kinney; Board Chair Rusty Kennedy of CBRE; Board Vice Chair Cathy Thuringer of Trammell Crow Company; Treasurer John Orsak of Lincoln Property Company; Programs Chair Phil Breidenbach of Colliers International; and Secretary Derek Flottum of Irgens. The group’s immediate Past Chair is Danny Swancey of ViaWest Group, who was preceded by Jim Wentworth of Wentworth Property Company.

NAIOP Arizona’s guiding principles involve supporting policies that drive demand for commercial real estate in Greater Phoenix and throughout Arizona, promote legislation that positions Arizona to be the preferred choice for corporate locations and expansions, and encourage “organic business growth through public policies that encourage entrepreneurship and new business formation.”

According to Kinney, the Arizona Legislature made significant progress this past year to blunt the impact of income tax increases imposed on small businesses and other taxpayers through Proposition 208. Another achievement was a two percent reduction of the commercial property tax assessment ratio, which remains a top policy priority in an effort to achieve parity with other types of property owners.

Kinney also said NAIOP Arizona will continue to oppose legal efforts and new ballot initiatives that would reduce Arizona’s economic competitiveness. And in response to recent lawsuits about economic development incentives, NAIOP will work to refine the system so that complicated development projects which bring value to the community can avoid time-consuming and costly litigation.

On the federal front, NAIOP will work with Arizona’s Congressional delegation to prevent damaging tax policy proposals from going into effect. Of particular concern are restrictions on 1031 like-kind exchanges, the taxation of carried interest as ordinary income rather than capital gains, elimination of the stepped-up basis for inherited assets, and removal of tax deductions for qualified pass-through entities.

The 900-member NAIOP Arizona is part of the main 19,000-member NAIOP, considered the leading association for developers, owners, and related professionals in office, industrial, retail and mixed-use real estate.  The state chapter is the fifth largest out of 53 chapters across the United States and Canada.

“The growth of our chapter underscores its importance and relevance in Arizona’s commercial real estate industry,” said Kinney. “We’re extremely proud of what the chapter has accomplished considering the economic challenges of the past year and a half. We are a resilient industry.”

In 2021, NAIOP supported the development of CRE leaders through Diversity Student Scholarships for those pursuing a graduate degree in commercial real estate. One of the four scholarships was awarded to NAIOP Arizona member Margarita Effron, a graduate student in Arizona State University’s Master of Real Estate Development program.

Other members of the NAIOP Arizona board include Jenna Borcherding of VanTrust Real Estate, LLC; Matthew Krause of Krause Architectural & Interiors; Chris Anderson of Hines; Chris Burson of Alliance Bank of Arizona; Danielle Feroleto of Small Giants; Jeff Foster of Prologis; Tom Jarvis of  Willmeng; Jeff Moloznik of RED Development, LLC; Kate Morris of Transwestern; Michael Olsen, of Globe Corporation; CJ Osbrink of Newmark Knight Frank; Darren Pitts and Velocity Retail Group; and Candace Rosauro of Layton Construction.

End Of The Year Changes Made At Freeport-McMoRan

End Of The Year Changes Made At Freeport-McMoRan

By Terri Jo Neff |

Phoenix-based Freeport-McMoRan Inc. (FCX) has announced the addition of former Monsanto Company CEO Hugh Grant to its 11-member Board of Directors. Grant, who was named CEO of the Year in 2010 by Chief Executive magazine, served as Monsanto’s CEO and Chairman of the Board from 2003 to 2018 when the company merged with Bayer AG.

Grant’s appointment was made shortly after Ryan M. Lance, the Board Chairman and CEO of ConocoPhillips, was named a director on Freeport-McMoRan’s board.

It was also recently announced that Freeport-McMoRan will have a new Chief Financial Officer as of March, when Maree E Robertson assume responsibility for the company’s accounting, finance, and tax functions. Robertson, who will also hold the title of senior vice president, will report to Kathleen L. Quirk, who was named President of Freeport-McMoRan earlier this year.

Freeport-McMoRan operates large, long-lived, geographically diverse assets with significant proven and probable reserves of copper, gold, and molybdenum. The company is one of the world’s largest publicly traded copper producers, with assets and mining operation across the globe, including Indonesia, South America, and multiple locations in the United States, many of which are in Arizona.  

Prescott Small Family Business Suing Louisiana Over Sales Tax Burdens

Prescott Small Family Business Suing Louisiana Over Sales Tax Burdens

By Corinne Murdock |

A Prescott couple is suing the state of Louisiana for its sales tax overreach into their small business, Halstead Bead. The National Taxpayers Union Foundation (NTUF), the Pelican Institute, and the Goldwater Institute will represent Brad and Hilary Scott in the case Halstead Bead v. Lewis, et al. The Scotts’ lawsuit asks that Louisiana provide a single point of contact for their tax collections, rather than requiring businesses to collect taxes for every one of Louisiana’s parishes. 

The law permits states to enforce their tax laws and regulations on Arizona businesses — but it wasn’t always that way in the recent past. The national burden on small businesses came over three years ago with the Supreme Court (SCOTUS) ruling in South Dakota v. Wayfair. SCOTUS ruled that states could charge sales tax to out-of-state sellers, with or without a physical presence in their state. The ruling empowered over 11,000 jurisdictions nationwide at the cost of an additional burden to small businesses like Halstead Bead, a small crafts and jewelry supplier based in Prescott. 

Halstead Bead owners, Brad and Hilary Scott, reported investing nearly 7,700 hours over the last three years to ensure compliance with the over 11,000 districts nationwide. That amounted to over $297,000 spent on sales tax compliance while only collecting $127,000; or, $2.28 spent for every dollar collected. However, the law doesn’t allow for mistakes with local tax requirements — even unwitting ones. 

“I’d rather just send the blank check to the states and not do the collection,” said Brad. “It’s one thing to say, ‘You’re not complying correctly.’ It’s another to be effectively called a criminal for failure to comply with something that is so complex that you can’t do it reasonably.”

The Scotts bear their fair share of burdens in their 28-person company. Brad alone takes on many rolls: payroll, HR, benefits administration, finance, and accounting, to name a few.

“I don’t have this vast team of departments that answers to me. I don’t oversee anything— I’m neck-deep in it on a daily basis,” explained Brad. 

In addition to the great financial burden, the Scotts reported other, intangible burdens shared by other small business owners like them: stress and fear. They explained that they’re reliable for all mistakes — even unwitting ones — as both the business and individual owners of the business. 

“This is crushing liability. I don’t know how else to say it,” said Hilary. “We used to worry about Arizona, we used to worry about the United States. Now, I’m worried we’re going to run afoul of a law in some county in Louisiana or Colorado that I’ve never even heard of.”

While the Wayfair ruling has been profitable for some states who were reportedly “bleeding revenue” without the ability to tax out-of-state businesses, small businesses like Halstead Bead have been required to make substantial expenditures of time, finances, and resources. One small, family-owned business in Illinois reported spending over $100,000 and a year on a software to assist with compliance, and even then they reported that they will likely spend over $75,000 annually to fine-tune their compliance and training while they keep up with law and regulation changes. 

Judge Jane Triche Milazzo, an Obama appointee, is presiding over the Scott’s case. Louisiana officials filed an extension on their response, anticipated December 23. 

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.