by AZ Free News | Mar 31, 2021 | News
PHOENIX – House Bill 2111, dubbed the Second Amendment Firearm Freedom Act, is headed to Governor Doug Ducey’s desk. The Arizona Senate passed the bill in 17-13 bipartisan vote on Tuesday.
The Act, sponsored by Representative Leo Biasiucci (R-5), prohibits state, county, and local governments from using resources to implement or enforce federal actions that are inconsistent with Arizona law regarding the regulation of firearms.
The Arizona Constitution prohibits the impairment of the right of the individual citizen to bear arms in defense of the person’s self or the state. This does not authorize individuals or corporations to organize, maintain or employ an armed body of people (Ariz. Const. art. 2 § 26).
“Arizona stands with law-abiding gun owners,” said Biasiucci in a press release. “The Second Amendment guarantees vital liberties, just like the First Amendment protects the freedom of speech and the Fourth Amendment prevents unreasonable searches and seizures. If the zealous gun-grabbers in Washington try to disarm citizens in the name of political posturing, we’re not going to allow it in Arizona.”
HB 2111 was passed by the House in a party line vote in February.
by azfreenews1 | Mar 30, 2021 | News
By Terri Jo Neff |
On Tuesday, the Arizona Senate is expected to vote one more time in favor of SB1377, a bill introduced by Sen. Vince Leach (R-LD11) to protect a wide range of businesses, government entities, and other organizations against liability for claims of negligence related to the COVID-19 pandemic.
SB1377 initially passed the Senate last month with a minor amendment. It cleared the House on Monday on a 31 to 29 vote after another amendment. But because the House added yet another amendment to the bill, it must go back to the Senate for the caucus to concur or refuse the change, which is expected to be accepted Tuesday.
The bill would then be sent to Gov. Doug Ducey, who appears ready to sign it, thus establishing a new standard for COVID-19 related liability claims retroactive to March 10, 2020.
After Monday’s House vote, the Arizona Chamber of Commerce tweeted a thank you to the 31 representatives who voted for the bill. “This bill ensures frontline healthcare providers, businesses, schools, and other entities are extended commonsense liability protections that will help us get back to work,” the tweet said.
The legislation addresses liability claims involving a public health pandemic under a state of emergency declared by a governor. It protects any person or provider “who acts in good faith to protect a customer, student, tenant, volunteer, patient, guest or neighbor, or the public” from liability during a pandemic for an injury, death or loss to person or property based on a claim that the person or provider failed to protect against the public health emergency.
- SB1377 establishes a presumption that a person or provider acted in good faith if the person or provider adopted and implemented “reasonable policies related to the public health pandemic.” No definition, however, is provided for what constitutes reasonable policies.
- Those covered by the legislation as a provider include a person who furnishes consumer or business goods or services or entertainment; an educational institution, district, or charter school; a property owner, property manager or property lessor or lessee; a nonprofit organization; a religious institution;
- the state, a state agency, or instrumentality; any local government or political subdivision, including all departments or commissions; a service provider; a health professional; or a health care institution.
A key feature of Leach’s bill is a change in the type of alleged acts or omissions which someone can pursue damages for related to the pandemic. It removes simple negligence as being actionable and would require a plaintiff to meet the criteria for gross negligence or willful misconduct.
Opponents argue the legislation creates unnecessary hurdles for Arizonans seeking legal redress and that business owners, government officials, and healthcare professionals will escape responsibility for death, injuries, and other harms by blaming faulty or careless decisions on the pandemic.
Even those lawsuits which clear the gross negligence or willful misconduct threshold may not be able to meet the second significant change SB1377 makes to civil liability standards.
Currently a jury is asked to determine if a plaintiff has proven a claim by the “preponderance” of the evidence, a standard based on whether something was more likely or not to have occurred. But SB1377 raises that to a higher standard of “clear and convincing” evidence.
- Among those who oppose SB1377 are the American Civil Liberties Union of Arizona, Arizona Trial Lawyers Association, and Arizona Center for Disability Law. A constitutional challenge is expected if the bill becomes law based on provisions which make it harder for Arizonans to initiate legal action.
The most controversial provision of SB1377 relates to nursing care or residential care institutions.
An amendment added Monday puts the burden of proof on such institutions which wish to argue that a claim for an act or omission involving care not directly related to the public health pandemic should be mitigated because the institution had to treat other patients for the pandemic or that the institution experienced limitations of staff or equipment as a result of the pandemic.
Supporters of SB1377 include several insurance companies, as well as the Alliance of Arizona Nonprofits, Arizona Auto Dealers Association, Arizona Bankers Association, Arizona Board of Regents, Arizona Healthcare Association, Arizona Medical Association, Arizona Restaurant Association, and the County Supervisors Association of Arizona.
by AZ Free News | Mar 30, 2021 | News
WINDOW ROCK – On Monday, Gov. Doug Ducey signed Senate Bill 1802, which officially declares Aug. 14 as National Navajo Code Talkers Day throughout the state of Arizona. In accordance with the bill, if National Navajo Code Talkers Day falls on a day other than Sunday, the Sunday following Aug. 14 is to be observed as the holiday.
“It’s wonderful to have the State of Arizona honor and recognize the sacrifices and contributions of the Navajo Code Talkers. It’s long overdue. We only have a few Navajo Code Talkers with us to this day, but we pay tribute to all of them and their families. Their legacy is strengthened with today’s signing of this bill and we hope that this will also help to share the stories of our Code Talkers so that many more people throughout the state are aware of everything that they gave for our country. Thank you to Arizona Sen. Jamescita Peshlakai, a member of the Navajo Nation, for sponsoring the bill and getting it through the State Legislature,” said Navajo Nation President Nez.
“The Navajo people have had many warriors throughout our history, but today’s recognition by the State of Arizona is very special for our Navajo Code Talkers and their families. We appreciate the support of the state legislators and Gov. Ducey. Words will never be enough to express our admiration and appreciation for the Navajo Code Talkers, but today’s signing of Senate Bill 1802 is a great honor. We continue to honor and pray for all of our Navajo Code Talkers and their loved ones,” said Vice President Lizer.
“It’s important that all Arizonans remember the service and bravery of the Navajo Code Talkers,” said Sen. Peshlakai. “Their crucial service during WWII will not be forgotten, and we will continue to honor them every August 14th. Thank you to everyone who supported Senate Bill 1802.”
“The Navajo Code Talkers are American heroes. They assisted on every major operation involving the U.S. Marines in the Pacific theatre, using their native language to come up with an unbreakable code. More than 400 Code Talkers answered the call to serve our nation, and Arizona is grateful for their dedication to protecting our nation. I’m proud to sign legislation that makes National Navajo Code Talkers day an official holiday, and I thank Senator Peshlakai for leading on this initiative,” said Ducey.
Former U.S. President Ronald Reagan issued a proclamation designating Aug. 14 as National Navajo Code Talkers Day. In 2014, the state of Arizona passed legislation declaring August 14 as Navajo Code Talkers Day in the state. The bill signed on Monday recognizes the national proclamation signed by Reagan.
by Corinne Murdock | Mar 29, 2021 | Education, News
By Corinne Murdock |
Phoenix – According to their proposed fee increases, Arizona State University (ASU) has determined that a master’s in Gender and Women’s Studies should be more affordable than most other graduate programs.
ASU’s Gender and Women’s Studies students face a mere $80 increase. Other masters programs face increases up to hundreds of dollars higher. On the low end, Crime Analysis bears a $100 fee increase. On the high end, students wishing to receive their master’s in either Accountancy or Taxation must pay $1,000.
The new tuition schedules indicate that millions in federal COVID relief dollars weren’t enough for Arizona’s three public universities.
In December, Governor Doug Ducey gave $115 million of the Coronavirus Aid, Relief and Economic Security Act funds to the state’s three universities. Both the University of Arizona (UArizona) and ASU received $46 million, and Northern Arizona University (NAU) received $23 million.
From the Joint Legislative Budget Committee:
Higher Education Emergency Relief Fund ($736 million): Federal Funds are distributed directly to institutions of higher education (IHEs). Arizona IHEs received $304 million from COVID 3. Of this amount, approximately $122 million went to public universities, $82 million to community colleges, and $101 million to private institutions. So far, Arizona IHEs have been allocated $432 million from COVID 4 and are expected to receive additional funds. Of the $432 million, $198 million will be distributed to public universities, $167 million to community colleges, and $67 million to private institutions. For both COVID 3 and COVID 4, some of these monies must be used for student grants, while the remainder may be used to offset revenue shortfalls. For public universities, a total of at least $118 million must be distributed as student grants. COVID 3 monies must be spent by September 30, 2022, and COVID 4 monies by September 30, 2023.
It is unclear what university expenditures necessitated fee increases, especially considering that students attended virtually during the pandemic.
Concerning the new tuition schedules, ABOR emphasized that none of the three proposals included any tuition increases. However, ABOR didn’t say anything about increased program fees.
ABOR Chair Larry Penley said in a press release that the new tuition schedules created by the university presidents “reflects our commitment to ensuring an affordable education even as our institutions experience fiscal challenges wrought from the pandemic.”
That commitment looks like an $80 program fee for an online Master of Arts degree in Women and Gender Studies, compared to a $1,000 per semester program fee increase for Master of Accountancy students.
It is unclear if the decision to increase program costs correlates to the anticipated earnings associated with a field. In those two examples, the average salary for a Women and Gender Studies graduate is $56,233, whereas the average salary for an individual with a Masters In Accountancy is $71,899.
Despite the massive amount of federal dollars, the proposals submitted by the three presidents also included changes to college fees, program fees, class fees, and meal and residence hall rates.
Here are what the increased costs include at one of the universities, ASU:
College of Health Solutions
- Doctor of Audiology: $800/semester program fee increase
- MS Communication Disorders: $1,700/semester program fee increase
- MS Nutritional Science (Dietetics) – Online: $45/credit hour program fee increase
- MS Strength and Conditioning: $2,500/semester – new program fee
Edson College of Nursing and Health Innovation
- MS Regulatory Science: $2,000/semester – new program fee
Hershberger Institute for Design and the Arts
- M of Architecture ; M of Visual Communication Design ; M of Industrial Design ; M of Interior Architecture ; M of Landscape Architecture ; M of Urban Design: $575/semester program fee increase
- MS in Architecture: $875/semester program fee increase
- MS Design in Industrial Design, Interior Architecture, Visual Communication Design: $500/semester program fee increase
Sandra Day O’Connor College of Law
- Master of Human Resources and Employment Law: $725/credit hour – new program fee
- Master of Human Resources and Employment Law (Online): $658/credit hour – new program fee
The College of Liberal Arts and Sciences
- MA Women and Gender Studies (Online): $80/credit – new program fee
Thunderbird School of Global Management
- MA Global Affairs and Management: $489/credit hour program fee increase
- MA Global Affairs and Management (Executive): $489/credit hour program fee increase
Watts College of Public Service and Community Solutions
- MS Crime Analysis: $100/credit hour – new program fee
- MA Policy Advocacy (Online): $100/credit hour- new program fee
W.P. Carey School of Business
- Graduate Certificate in Marketing (Online): $375/credit – new program fee
- Graduate Certificate in Real Estate: $375/credit – new program fee
- Master of Accountancy: $1,000/semester program fee increase
- Master of Taxation: $1,000/semester program fee increase
Linked here are the NAU and UArizona proposed program fee increases.
Corinne Murdock is a contributing reporter for AZ Free News. In her free time, she works on her books and podcasts. Follow her on Twitter, @CorinneMurdock or email tips to corinnejournalist@gmail.com.
by azfreenews1 | Mar 29, 2021 | News
By Terri Jo Neff
A crime bill intended to establish tougher sentences for commercial forms of sex crimes against children appears on track to hit Gov. Doug Ducey’s office, and the result is expected to be many more offenders being sentenced to mandatory life in prison.
Rep. Leo Biasiucci (R-LD5) introduced HB28898 in January to establish mandatory sentences and sentencing ranges for sex crimes involving children, particularly those involving victims under the age 15. The bill as introduced brought those sentences in line with other violent acts against children under Arizona’s definition of dangerous crimes against children (DCAC).
HB2889 passed the House on March 1 after Biasiucci amended his own bill to ensure someone ages 18 and 19 cannot be imprisoned for sexual exploitation of a minor related to a visual depiction if the victim is 15, 16, or 17, unless the charge involved the sale of the visual depiction.
Sexual exploitation of a minor covers several actions including consensual sexting among minors and other forms of child pornography.
Biasiucci’s bill, which had 13 co-sponsors, was then transmitted to the Senate where it passed March 25 after being amended again, this time turning the emphasis to sentencing mandates for child sex trafficking, commercial sexual exploitation of a minor, and repeat sex offenders.
Under the current form of HB2889, the mandatory prison sentence for an adult convicted of commercial sexual exploitation of a minor will be increased to a range of 13 to 27 years, or 23 years to 37 years for an offender with one predicate felony. Mandatory sentencing for child sex trafficking would increase to a range of 10 to 27 years, or 17 to 45 years for an offender with one predictive felony.
However, for crimes involving victims under age 15, an adult convicted of commercial sexual exploitation of a minor or child sex trafficking must be sentenced to natural life in prison if the person has previously been convicted of the same offense. And that natural life sentence will be ineligible under the bill for commutation, parole, work furlough, work release or release from confinement on any basis.
Because HB2889 was amended in the Senate, the House needs to be vote on and pass the current version before it heads to Ducey.
Commercial sexual exploitation of a minor encompasses a number of activities such transportation through or across state lines to facilitate a minor to engage in prostitution or exploitive exhibition for the purpose of producing a visual depiction or live act depicting such conduct, or getting a minor to expose specified body parts for financial or commercial gain such as through selling photography, digital images, or videos.
Child sex trafficking involves “knowingly causing any minor to engage in prostitution” as well as receiving any benefit on account of procuring or placing a minor in any place or in the charge or custody of any person for the purpose of prostitution. It also includes enticing, recruiting, harboring, providing, transporting, making a minor available to another person with the intent to cause the minor to engage in prostitution or any sexually explicit performance.
by AZ Free News | Mar 28, 2021 | News
The Arizona Department of Emergency In Military Affairs welcomed home more than 120 service members returning after completing their respective assignments in support of Operation Enduring Freedom and Spartan Shield.
The 3666 Support Maintenance Company welcome home ceremony was presided over by Major General Michael T. McGuire, Arizona’s Adjunct General on Friday evening at the Goldwater Air National Base in Phoenix.
Operation Spartan Shield (OSS) is a U.S. Department of Defense operation in the Middle East. Operation Spartan Shield is a combined forces contingency operation. Task Force Spartan is the U.S. Army component of OSS.
