by Terri Jo Neff | Mar 4, 2021 | News
Terri Jo Neff |
Two pieces of state legislation aimed at protecting gunowners’ rights made it out of the Senate on Wednesday, and it is now up to House Speaker Rusty Bowers to assign the bills to House committees.
SB1382 deems stores which sell firearms, ammunition, or components of either as “an essential business” during a state of emergency. The bill cleared the Senate Judiciary and Senate Rules committees in early February and passed on the Senate Floor by a 16 to 14 vote along party lines.
The bill impacts ARS § 26-303 under Military Affairs and Emergency Management, which currently guarantees emergency powers shall not allow the imposition of additional restrictions on the lawful possession, transfer, sale, transportation, carrying, storage, display or use of firearms or ammunition or firearms or ammunition components.
Under SB1382, the statute would be amended to add one sentence that specifies stores that sells firearms, ammunition, or components of such are essential businesses “and there may not be any restrictions imposed on the store’s normal operations” during a state of emergency.
The legislation would not require a store’s primary source of revenue to come from gun or ammunition sales, thus allowing businesses which sell other retail items in addition to firearms to remain open. One such business that would benefit from the legislation is Lilly’s Tombstone Memories, a specialty gift store on historic Allen Street in Tombstone.
If SB1382 had been the law when COVID-19 first hit, owners Lillian and Bob Hritz would have been able to remain open without fear of retribution against their business license. They, like a number of gun store owners, saw an increased customer demand starting last March but due to Gov. Doug Ducey’s executive orders many had to close.
Among those supporting the bill are the Republican Liberty Caucus of Arizona and the Arizona Citizens Defense League.
Another gun rights bill passed out of the Senate on Wednesday, this one by a 17 to 13 vote.
SB1328 -known by its working title of the Second Amendment Firearm Freedom Act- would declare any federal act, law, treaty, order, rule, or regulation to be null and unenforceable in Arizona if the action violates the right to bear arms as provided by the Second Amendment of the U.S. Constitution or by the Arizona Constitution.
The bill sponsored by Sen. David Gowan (R-LD14) would also prohibit the State and any of its political subdivisions from using personnel or financial resources to enforce, administer or cooperate with any federal act, law, treaty, order, rule, or regulation deemed in violation of the U.S. or Arizona Constitutions.
But unlike many bills, SB1328 as currently written includes a provision putting teeth into the new law by making the impairment of a citizen’s right to bear arms a Class 1 misdemeanor for the first offense. Each subsequent offense would be a Class 6 felony, and a judge would be required to impose the maximum fine and sentence allowed by law for anyone convicted of such conduct.
The bill also contains a provision allowing citizens to sue any “entity, agency, bureau, employee or official of Arizona or a political subdivision of Arizona” that engages in such infringement for judicial relief, damages, and attorney fees. However, it excludes persons working under the authority or orders of a government entity, agency, bureau, employee or official from the outlined prohibitions.
by Loretta Hunnicutt | Mar 4, 2021 | News
By Lori Hunnicutt |
On Wednesday, Arizona Governor Doug Ducey issued an executive order returning schools to in-person, teacher-led instruction.
The governor said his team, relying on the metrics developed by the CDC, have determined that 12 of Arizona’s 15 counties “are in phases where all schools are safe to open, including in the state’s two largest counties, Maricopa and Pima.”
Ducey’s order requires schools to return to in-person learning by March 15, or after Spring Break.
The order includes an exception for middle and high schools located in counties with “high” transmission of COVID-19, as defined by the CDC — which currently includes just three Arizona counties: Coconino, Yavapai, and Pinal.
While the governor recognizes the decision may be controversial, he noted in his announcement that the “CDC is clear that there is a safe pathway for all schools to open at any transmission level, and to stay open if they implement proper mitigation strategies. A student may continue participating in virtual instruction if their parent or guardian chooses so.”
Scot Mussi, President of the Free Enterprise Club said that Ducey’s announcement “is a major step in the right direction.”
“Arizona’s children have been out of school for far too long,” said Mussi. “The Club commends Governor Ducey for standing with parents and students and taking action today that follows the science. ”
“Since August of 2020, I have supported schools reopening and remaining open,” said Arizona State Rep. Beverly Pingerelli, who is also a member of the Peoria Unified School District Governing Board. “The scientists were telling us that our younger population was significantly safer than our older populations and we had appropriate precautions in place. And we know students learn best when they’re in a classroom setting. Teachers using sick outs to protest is not acceptable in my view, particularly when they have had priority access to the Covid vaccines and many I’ve spoken to have already been vaccinated.”
by AZ Free News | Mar 3, 2021 | News
On Tuesday, the Arizona Senate passed SB1485, a bill sponsored by Sen. Ugenti-Rita intended to clean up the permanent early voting list.
SB1485 requires a county recorder to remove a voter from the list, now dubbed the Early Voting List (EVL) and stop sending the voter early ballots if the voter fails to vote by early ballot in both the primary election and the general election for two consecutive primary and general elections in which there was a federal, statewide or legislative race on the ballot.
The bill also requires a county recorder or other officer in charge of elections to notify a voter on the EVL who did not vote an early ballot in both the primary and the general election for the two most recent general elections for federal office by December 1 of each even-numbered year prior to removing that voter from the EVL.
The bill passed along party lines in a vote of 16 – 14.
According to an AP report, approximately 200,000 registered voters currently meet the criteria to be dropped from the list. If the bill passes, they would get a letter asking them whether they want to remain on the permanent early voting list and would be removed if they don’t respond.
Nothing in the bill prevents a voter from being placed back on the list.
by AZ Free News | Mar 3, 2021 | News
WASHINGTON – On Monday, the Biden administration rescinded its approval for the proposed Resolution Copper mine, just days before it was to transfer thousands of acres of federal land for the project.
The Department of Agriculture said it ordered the rescission to allow for a “thorough review based on significant input from collaborators, partners and the public” after the January release of a final environmental impact statement on the project.
Gov. Doug Ducey said he was “extremely disappointed” in the reversal.
“Undoing lengthy, comprehensive, and already-completed federal environmental studies on a whim with the changing of federal administrations doesn’t work,” Ducey said. “This type of activity threatens an untold number of major projects in Arizona and around the country.”
The proposed mine was expected to generate up to 1,450 jobs for workers who would receive $149 million in compensation annually. He said it could be worth about $1 billion a year in direct and indirect economic impact for the state.
Under a congressionally approved swap the federal government would have given 2,422 acres of copper-rich land to Resolution Copper in exchange for 5,459 acres of other land in southeast Arizona.
Critics say the deal would have violated the land known as Oak Flat, however as part of the deal, Resolution Copper would have maintained public access to areas within Oak Flat including the campground and recreational trails and climbing, after completion of the land exchange mandated by bipartisan legislation that passed Congress in 2014.
Resolution Copper had planned to work with a local small business part-owned by members of an Arizona Native American Tribe to maintain the campground areas infrastructure and access trails.
“I am very disappointed in the Biden Administration’s decision to halt Arizona’s bipartisan supported Resolution Copper project previously cleared by President Trump. This project would have created nearly 4,000 well-paying jobs and added more than $60 billion in economic value in Arizona,” said Congressman Paul Gosar.
“The project underwent lengthy and comprehensive environmental studies spanning the two previous administrations, yet Mr. Biden once again ignores sound science, wipes out thousands of more jobs and discounts the significance this copper mine is to clean energy, our electrical grid, solar panels, wind turbines and hundreds of other needs,” continued Gosar.
“There is nothing sacred about this property. This is mining land first and foremost. The tribal historian confirmed that in 2011. Additionally, the Forest Service conducted hundreds of consultations with Native American tribes and the town of Superior about how best to proceed,” concluded Gosar.
by Terri Jo Neff | Mar 2, 2021 | News
By Terri Jo Neff |
A Denver-based political action committee has poured more than $800,000 into lobbyist efforts to influence legislation involving Arizona’s election laws, and some of their literature has come under challenge as being outdated or misleading.
Unite America’s website proclaims it supports electoral reforms such as nonpartisan ballot initiatives and legislative campaigns which “increase competition, participation, and accountability in the political system.” The group, which utilizes the tagline Country Over Party, also operates Unite Arizona and is registered to conduct lobbying activities in the state.
Since Arizona’s legislative session started on Jan. 11, Unite America – Unite Arizona has taken positions on several election-related bills, including one which the group opposed that seeks to reduce the number of un-utilized ballots being mailed out. The group has also supported a bill that would replace Arizona’s presidential primary process with a complex new format.
Unite America also claims to be focused on “ease of voting through more accessibility” although critics say some of those efforts unnecessarily open the door to more opportunities for election fraud.
In 2019, Unite America Institute rated Arizona with a score of 28 out of 50 for implementing election law changes which adhere to Unite America’s principles. That prompted the group to focus on lobbying to change what it calls “the unjust nature of presidential primary elections [PPE] in the Grand Canyon state.”
The solution, according to Unite Arizona’s website, is to enact complex legislation such as HB2378 to establish Rank Choice Voting (RCV) for use during the PPE.
Under RCV, voters in a presidential primary would rank candidates in order of preference. It can make it easier for more candidates to do well in the early round of a crowded field, but the Unite Arizona website does not address the number of ways RCV is vulnerable to manipulation nor how expensive it would be to overhaul Arizona’s election process.
HB2378 was opposed by the Arizona Association of Counties, which represents those who actually run elections. The bill failed to make it out of committee.
One bill Unite America – Unite Arizona is fighting is SB1069 (now active as SB1485) which if enacted would remove around 200,000 of the state’s 3.2 million voters currently on the Permanent Early Voter List (PEVL).
That figure of how many voters may be impacted was provided to legislators by Secretary of State Katie Hobbs, a Democrat. But anyone reading Unite Arizona’s website would believe the legislation calls for “massive changes to PEVL that would disenfranchise millions of voters.”
However, the legislation introduced by Republican Sen. Michelle Ugenti-Rita would only require a county to drop a voter from PEVL, or what becomes EVL, if the voter fails to utilize their early ballot in both the primary and general election in each of the last two election cycles.
Voters would also be sent a notice about their lack of us of PEVL before removal, and despite suggestions to the contrary, the bill does not effect a voter’s actual registration file.
But Unite Arizona contends legislation like SB1069-turned-SB1485 would “be detrimental to Arizonans’ ability to fairly vote in elections” and would “create obstacles that would increase the difficulty of voting by mail.”
In addition to misleading statements about the legislation, some voters and legislators point to outdated information on the Unite Arizona website that does not reflect amendments to the legislation, thus giving an incomplete and inaccurate view of the Ugenti-Rita’s bill.
by B Hernandez | Mar 1, 2021 | News
By B. Hernandez |
On Monday, March 1, the Mesa City Council will consider a new ordinance to add sexual orientation and gender identity to the protected classes in the city’s nondiscrimination laws. While the new rules are welcome by city leaders and residents, how they will be implemented has raised concerns.
The “nondiscrimination laws” which are meant to be a shield to protect people from unjust discrimination have raised concerns for parents of young children and individuals with closely held religious beliefs.
For young parents, the prospect of allowing children to use bathroom facilities with people who identify as sharing the same gender but are of the opposite sex has raised both safety and privacy concerns.
For religious advocates, like Cathi Herrod, Director of the Center For Arizona Policy (CAP), the concern is that the “ordinance would be used as a sword against individuals and organizations who have a historic understanding of marriage and gender.”
Supporters say the ordinance would merely replace the city’s existing fair housing code to provide a much broader set of protections, some of which already exist under state and federal law.
In contrast, Herrod’s group claims that the proposal would mean the following:
● Fitness centers, water parks, public swimming pools, and similar facilities would have to allow all men identifying as women access to women’s showers, locker rooms, and bathrooms.
● Women’s domestic violence shelters would be forced to allow a man identifying as a woman to share living quarters, showers, and bathrooms with vulnerable and abused women.
● Sex-specific jobs like an employee at a women’s shelter could not be denied to a man identifying as a woman.
● Faith-based adoption agencies would be forced to choose between placing children in same-sex households against their beliefs or closing down their adoption services.
● Wedding vendors like cake bakers and florists would be forced to choose between their livelihood and their faith.
● A religious bookstore would not be free to require all employees to adhere to their religious beliefs.
Herrod and others say the proposed “ordinance undermines constitutional freedoms of speech and religion, threatens women’s and girls’ privacy, and limits religious organizations that serve communities.”
