Curtailing Governor’s Unlimited Public Health Emergency Powers Clears House Committee

Curtailing Governor’s Unlimited Public Health Emergency Powers Clears House Committee

By Terri Jo Neff |

Both chambers of the Arizona Legislature have been busy this week considering bills which originated in the other chamber, and one that is garnering a lot of attention would clarify and curtail the emergency powers of the governor.

Senate Bill 1009 was introduced in January by Sen. Michele Ugenti-Rita to ensure state lawmakers have a voice in how the state responds to public health emergencies. The bill easily cleared the Senate and was transmitted to the House on Feb. 2.

On Thursday, SB1009 cleared the House Government & Elections Committee and is awaiting a Third Reading.

Supporters of SB1009 note Arizona has been under a COVID-19 public health state of emergency since March 2020. During time, Gov. Doug Ducey has issued nearly two dozen executive orders but the Arizona Legislature has been essentially kept on the sidelines throughout.

The bill by Ugenti-Rita (R-LD23) would establish a 30-day cap on a Governor’s initial proclamation with respect to a public health emergency. A Governor could extend the state of emergency in 30-day increments for up to 120 days total.

After that point, a public health emergency proclamation would terminate unless extended by the Arizona Legislature through passage of a concurrent resolution. Any legislative extension would also be effective for 30 days but could be approved “as many times as necessary.”

SB1009 also prohibits a Governor from proclaiming a new state of emergency based on the same conditions unless the Legislature consents via a concurrent resolution. Another provision of the bill would kick in if a Governor extends the public health emergency beyond the first 30 days.

It requires a written report be submitted to a joint committee of the Senate and House health committees. The joint committee would then be responsible for providing “a favorable or unfavorable review” of the extension after being briefed by the Governor’s Office and the director of the Arizona Department of Health Services.

The review by the joint committee would have to be shared with the Governor and all state lawmakers.  In addition, the review would have to be posted in a conspicuous manner on both the Governor’s and the ADHS’s websites.

SB1009 is similar to a provision Ugenti-Rita introduced last year into one of the annual budget bills. The bill was later voided by the Arizona Supreme Court for technical reasons.

If signed into law, the change in a Governor’s powers would take effect in January 2023.

Yee Pushes U.S. Energy Financing While Advising State Vendors Of Russia Sanction Obligations

Yee Pushes U.S. Energy Financing While Advising State Vendors Of Russia Sanction Obligations

By Terri Jo Neff |

Arizona State Treasurer Kimberly Yee wants to ensure all State vendors understand their obligations in light of economic sanctions put on the Russian Federation by the U.S. and E.U. following Russia’s military invasion of Ukraine.

On Tuesday, Yee issued a Notice of Compliance about her expectation that State contractors, vendors, and other third-parties pay attention to the situation involving  Russia and have all “necessary consents, approvals, and authorizations of all governmental authorities in connection with any transaction” dealing with the State.

“As you are aware, the State of Arizona and the Arizona State Treasurer’s Office (ASTO) are subject to U.S. laws, regulations, and orders applicable to its business activities and financial transactions, including those related to the international trade controls and economic sanctions,” Yee wrote. “As a vendor of the State of Arizona, you have separate and independent obligations under these same laws.”

Yee added that the State of Arizona has no investments in Russia, and while economic sanctions are subject to change, she expects all contractors and third parties “acting as intermediaries for the State of Arizona” to be knowledgeable about and remain in compliance with export and import laws, regulations, sanctions, embargoes, and policies.

That includes, but is not limited to, securing all clearances, export and import licenses, or exemptions therefrom, and making all required filings with appropriate governmental bodies, she noted.

“If you or your agents are unable to comply with the above foreign transaction requirements – including compliance with the United States trade sanctions related to Russia– in regard to your independent relationship with State of Arizona, you are required to notify the Arizona State Treasurer’s Office in writing immediately,” Yee wrote.

Yee also used the notice to suggest State contractors and vendors not be associated with financing any oil or other energy trades with Russia.

“Instead, we respectfully request you consider financing and investing in energy production in the United States, so we can be energy independent,” she wrote. “This is not only beneficial from a foreign policy perspective, but it is also a safer domestic investment.”

Yee’s suggestion, she noted, goes against the wishes of the Biden Administration but she pointed out there is no law against financing U.S. energy production.

“Doing so is a sound investment that does not carry the risk of foreign investment in that sector,” Yee wrote.

Senate Committee Approves Bill Banning State From Contracts Relying On Forced Uyghur Labor

Senate Committee Approves Bill Banning State From Contracts Relying On Forced Uyghur Labor

By Corinne Murdock |

A bill to prevent the state and public utilities from contracting with companies who rely on forced Uyghur labor, HB2488, passed out of the Senate Commerce Committee 8-1 on Wednesday. The only senator to vote against the bill was State Senator Tyler Pace (R-Mesa). The Uyghurs are a Muslim ethnic group that the Chinese government has detained in “reeducation camps” since 2017. The legislation passed out of the House nearly a month ago.

HB2488 prohibits the state and any of its political subdivisions, agencies, boards, commissions, or departments from entering contracts without explicit confirmation that the company doesn’t and won’t rely on forced labor from Uyghurs in China. The prohibition also extends to goods and services produced by those Uyghurs, as well as any Uyghur labor used by a company’s contractors, subcontractors, or suppliers. 

The bill sponsor, State Representative Justin Wilmeth (R-Phoenix) explained in a press release that this was a necessary measure to stand against human rights violations.

“As a student of history, I know what happens when good people remain silent,” stated Wilmeth. “The Chinese Communist Party keeping millions of people locked in internment camps, which harkens back to the darkest chapters of the 20th century. HB 2488 sends a strong message that the State of Arizona won’t do business with anyone that turns a blind eye to this horrible human rights abuse.”

In the House, the bill passed unanimously. The only other votes against the bill that occurred came from Minority Whip Domingo Degrazia (D-Tucson) and State Representative Diego Espinoza (D-Tolleson) in the Rules Committee. Degrazia ultimately voted for the bill during the final house floor vote, while Espinoza didn’t vote at all. 

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

Senator Sinema Votes Against Ending National COVID Emergency

Senator Sinema Votes Against Ending National COVID Emergency

By Corinne Murdock |

In just under 15 days, it will be two years since Trump announced the national emergency over COVID-19: 730 days exactly. 

Of all the bills Sinema discussed on social media and in press releases, the resolution to end the national emergency wasn’t one of them. The senator appears to support a state of emergency in perpetuity, though she appeared to support the minimum at the start of the pandemic. Back in March 2020, Sinema touted the concept of “15 days to slow the spread” announced by President Donald Trump. Over the past several years, she has supported all other measures to alleviate people’s economic hardships from forced lockdowns — with the exception of supporting an end for the root cause of those hardships.

Congressman Louie Gohmert (R-TX-01) attempted to pass a similar resolution that would’ve been effective the previous Christmas. That, too, failed.

It is unlikely that the resolution will pass the Democrat-controlled House. Additionally, despite lifting certain masking regulations and pledging to roll back more COVID-related protocols, the Biden Administration promised that Biden would veto the resolution.

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

House Committee Passes Bill Requiring Public Entities to Divest From Companies Boycotting Israel

House Committee Passes Bill Requiring Public Entities to Divest From Companies Boycotting Israel

By Corinne Murdock |

The House Government and Elections Committee passed a bill requiring public entities to divest from companies boycotting Israel. The bill passed 8-5: those who voted against the bill were State Representatives Kelli Butler (D-Phoenix), Sarah Liguori (D-Phoenix), Lorenzo Sierra (D-Avondale), Christian Solorio (D-Phoenix), and Jennifer Jermaine (D-Chandler). 

SB1250 requires all public entities, which includes universities, to take action within three months of the state treasurer releasing its list of companies that boycott Israel. Last September, Treasurer Kimberly Yee declared that Arizona would divest from ice cream company Ben & Jerry’s due to its violation of the state’s law barring Israel boycotts. The bill requires public entities to publish a list of investments sold, redeemed, divested, or withdrawn on its website annually. Public entities would be indemnified and held harmless for these divestments.

A spokesman from the treasurer’s office explained that SB1250 would hold other public entities to the same standard as their policy. He said that one company has announced divestment measures: Unilever.

State Representative Alma Hernandez (D-Tucson) said that she’s fought against the Boycott, Divestment, and Sanctions (BDS) movement for its “hateful” rhetoric, false accusations, and general attacks toward Jewish peoples. Hernandez noted that on February 10 the leader of the Arab party in Israel, Mansour Abbas, refused to characterize Israel as an apartheid state.

“No one here is trying to stop a student from boycotting or anyone’s First Amendment right to speech,” said Hernandez. “A vote against this is really showing that we are standing with BDS and I don’t think we should be doing that as a state.”

Liguori stated that the Israel-Palestine conflict is complex and took issue with the bill because supporters were conflating their personal and political ideologies with economic prowess. Liguori said that Ben & Jerry’s marked a slippery slope of picking with countries to divest from, and argued that legislators were singling out one company for political reasons. 

Prior to his vote for the bill, State Representative Jake Hoffman (R-Queen Creek) argued that the testimonies from the Arizona State University (ASU) students furthered his resolve to not provide additional funding for the universities due to the students’ misunderstanding of basic constitutional concepts and foreign affairs.

The Senate passed the bill last month with mixed support from Democrats and complete support from Republicans.

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

Religious Protections For Foster, Adoptive Parents and Providers Passes Senate

Religious Protections For Foster, Adoptive Parents and Providers Passes Senate

By Corinne Murdock |

In a quicker turnaround than anticipated, a bill to prohibit the state from discriminating against the religious or personal beliefs of potential adoptive or foster parents or individuals who advertise, provide, or facilitate adoption or foster services, SB1399, passed the Senate 16-11 along party lines on Wednesday. The bill now advances to the House for consideration. The vote on SB1399 occurred quickly; the Senate announced Monday that it would do the third reading of the bill sometime the following week.

Only two Democrats spoke out on the floor in opposition to the bill during final voting. They claimed that the bill would not only fix a nonexistent problem, but would create a slew of problems down the road.

State Senator Stephanie Stahl Hamilton (D-Tucson) argued there wasn’t a need for the bill because no state agencies discriminate against individuals hoping to adopt or foster based on their religious beliefs. Stahl Hamilton added that the Department of Child Services (DCS) already has a system in place considering religious preferences when matching families with foster children. On another note, Stahl Hamilton said that this legislation allowed the government to meddle with religious beliefs. 

Likewise, State Senator Rosanna Gabaldon (D-Sahuarita) emphasized that while the freedom of religion is important and already protected by the U.S. Constitution, this bill would go against what it aimed to achieve. She claimed it would deny children homes based on someone’s political and religious views.

During the Committee of the Whole (COW) reading of the bill on Monday, State Senator Raquel Terán (D-Phoenix) called the legislation “alarming” and a form of discrimination.

Secular and LGBTQ activists opposed the bill because it would enable Christian agencies to turn away non-Christian and LGBTQ foster or adoptive applicants.

American Civil Liberties Union (ACLU) Arizona Policy Director Darrell Hill claimed that the bill would enable antisemitism.

Acts of religious discrimination were classified as altering the tax treatment of a person, including assessing penalties and refusing tax exemptions; disallowing or denying a tax deduction for charitable donations; withholding, reducing, excluding, terminating, or materially altering the terms or conditions of a state grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship or other similar benefit from or to a person; withholding, reducing, excluding, terminating or adversely altering the terms or conditions of or denying any entitlement or benefit under a state benefit program from or to a person; imposing, levying or assessing a monetary fine, fee, penalty, damages or an injunction; withholding, reducing, excluding, terminating, materially altering the terms or conditions of or denying license, certification, accreditation, custody award or agreement, diploma, grade, recognition or other similar benefit, position or status from or to a person; and refusing to hire or promote, forcing to resign, fire, demote, sanction, discipline, adversely alter the terms or conditions of employment, retaliate or take other adverse employment action against a person employed or commissioned by the state government.

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