Late last month, the Arizona State House Judiciary Committee approved, HB 2435, which was sponsored by Speaker Ben Toma. The bill would “require a person who is convicted of a third or subsequent organized retail theft offense to be sentenced as a category two repetitive offender in certain circumstances,” according to the overview provided by the chamber.
HB 2435 passed the committee along partisan voting lines – 6-3, with all Republicans voting to affirm the legislation.
Before the committee’s vote, Toma hosted a press conference outside of the state capitol with Maricopa County Attorney Rachel Mitchell, who announced her strong endorsement of the legislation. Mitchell took to the platform “X” to share an update from the event, writing, “Thank you, Rep. Ben Toma, for your help in combatting Organized Retail Crime. If you plan to commit this crime, plan to stay. In Maricopa County, we will prosecute retail theft!”
Thank you, @RepBenToma, for your help in combatting Organized Retail Crime. If you plan to commit this crime, plan to stay.
— Maricopa County Attorney Rachel Mitchell (@Rachel1Mitchell) January 31, 2024
Toma added, “California may tolerate lawlessness, but my bill, HB 2435, will tell criminals that they’ll pay a heavy price for stealing. A big shout out to Rachel Mitchell and AZ Retailers for working with me on this important legislation!”
California may tolerate lawlessness, but my bill, HB2435, will tell criminals that they’ll pay a heavy price for stealing.
In the Arizona Legislature’s Request to Speak system, representatives from Quiktrip, AZ Retailers Association, Combined Law Enforcement Association of Arizona, AZ Food Marketing Alliance, AZ Association of Counties, and the Greater Phoenix Chamber of Commerce registered their support for the bill. Representatives from the AZ National Organization for Women, State Conference NAACP, Rural Arizona Action, ACLU of Arizona, and AZ Attorneys for Criminal Justice signed in to oppose the proposal.
The efforts to augment penalties for these organized retail theft crimes continue the state’s already strong reputation on this front. Arizona has an Organized Retail Crime Task Force, which commenced under former Attorney General Mark Brnovich’s administration and is housed in the State Attorney General’s Office.
In December 2021, Brnovich wrote an opinion piece for the Wall Street Journal, warning would-be criminals of his office’s efforts to investigate and prosecute these offenses – especially in the wake of the lawlessness in Arizona’s neighboring state to the west. He wrote, “As Arizona’s attorney general, I have refused to capitulate to the lawless mob…We expect our efforts will deter such theft and hope our task force becomes a model for California and other states.”
Current Attorney General Kris Mayes has continued to combat these crimes, including over the just-completed Christmas holiday. In December, her office announced that it had “seized thousands of cloned gift cards and other merchandise in partnership with the Arizona Retailers Association and with the help of law enforcement partners.” Mayes’ coalition also arrested eight people “as part of an alleged scheme to defraud retailers and consumers.” The first-term attorney general said, “The successful seizure of thousands of cloned cards and the arrest of several individuals reflects my office’s unwavering dedication to stopping organized retail theft across Arizona.”
Maricopa County Attorney Rachel Mitchell also has a strong presence against organized retail theft. In 2023, her office announced that it had made 354 bookings over these crimes, which was the most in the county since 2020. Additionally, in November 2023, Mitchell started a ‘Safe Shopping’ Campaign “to stop this fast-growing category of lawlessness.” Mitchell said, “Here’s what I say to the thieves who commit these crimes: we will find you, you will be arrested, and we will prosecute you to the fullest extent of the law.”
The Maricopa County Attorney’s Office gives three tips to Arizonans to help them experience ‘safe shopping.’ Those include:
Be patient with retailers. While it might take an extra minute to get an item (decongestants, for example) from behind a locked display, it’s worth it. Know you’re doing your part to keep prices low and keep crooks at bay.
Never engage with thieves. If you’re suspicious, reach out to a store manager. Never confront a thief on your own.
Keep your personal items locked up. If you carry a handbag, keep it closed and close to you. If you leave purchases in your car between shopping stops, make sure that vehicle is locked up tight.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Partisan lines have been drawn over the Arizona Governor’s Executive Budget Proposal for Fiscal Year 2025.
Late last week, Democrat Governor Katie Hobbs released her second budget for the Grand Canyon State. In a statement accompanying the announcement, Hobbs said, “Arizonans are counting on us to make the state we call home the best place to live, work, and raise a family. We made incredible progress during my first year in office, and my Executive Budget proposal builds on this foundation and expands opportunities for every Arizonan to reach their full potential. We are cutting out the wasteful taxpayer spending while making critical investments that will help middle class families buy a home, expand access to childcare, make prescription drugs more affordable, and protect disabled Arizonans and seniors. This is what it looks like to invest in our communities and build a state that works for every Arizonan.”
🧵 I just released the Fiscal Year 2025 Executive Budget – a balanced appropriation that reduces overall spending while investing boldly in affordability, health & safety, and preserving our natural resources. Please read about it below ⬇️ pic.twitter.com/Cbsyj9gEXt
Legislative Republicans were quick to come out in opposition to the governor’s proposal. Senate Appropriations Chairman John Kavanagh wrote, “These elements in her proposal are dead on arrival with the Republican Majority. Her grandstanding of bipartisanship during her State of the State Address is a far cry from the reality of this budget proposal, as her funding cuts strictly target Republican priorities.”
House Appropriations Chairman David Livingston added, “Like last year’s proposal, the governor’s budget is an unserious mess. Her revenue and enrollment predictions don’t reflect reality, and her solution to the deficit proposes cuts to K-12 and water investments. We understand most of this is meant to appeal to her base. When she is willing to engage more seriously, Republicans are ready.”
🚨FOR IMMEDIATE RELEASE🚨 The Legislature Will Not Raise Taxes or Cut School Choice, as the Governor’s Budget Proposes
“Like last year’s proposal, the governor’s budget is an unserious mess,” stated House Appropriations Chairman David @Livingston4AZ . “Her revenue and enrollment… pic.twitter.com/XGPvBcwHSS
Hobbs’ allies in the Arizona Legislature supported her proposal. House Democratic Leader Lupe Contreras released a statement, saying, “We applaud the Governor for producing a budget that protects the priorities that will drive our state forward and that our caucus has consistently championed for our communities – public education, affordable housing, childcare for working families and vital services for the most vulnerable Arizonans. She is listening and leading.”
The Senate Democrat Caucus posted, “This budget is a good first step in providing Arizona families with assistance in affording the high costs of childcare, housing, and prescription medications.”
Today, Governor Hobbs released her FY2025 Executive Budget. This budget is a good first step in providing Arizona families with assistance in affording the high costs of childcare, housing, and prescription medications.
In the inaugural week of the 2024 legislative session, Republicans and Democrats took political shots at one another over the budget in anticipation of the governor’s proposal. Arizona Senate President Warren Petersen accused his Democrat counterparts of “refusing to come to the table for budget negotiations,” threatening that his caucus might have to move on without them. The Senate Democrats Caucus clapped back at the Republican chamber leader, asserting that he had “moved forward on every other budget without Democrats, so this newest attempt at grandstanding falls flat.”
The early back-and-forth between the two political parties follows Democrat Governor Katie Hobbs’ second State of the State address, where she called on legislators to “find common ground” and to “work together to solve this gap.”
Both parties have vastly differing approaches to solving the state’s budget shortfall, though their rhetoric is somewhat similar at the start of the legislative session. In the Senate Republicans’ Majority Plan for 2024, they vowed to complete this mission “without irresponsibly tapping into the Rainy-Day Fund or using budget gimmicks,” promising instead to “use sound fiscal management strategies, like trimming unnecessary spending and prioritizing government’s top functions.” Hobbs stated that her soon-to-be-released budget would “rein in wasteful spending without sacrificing public safety and public education, establish guardrails on unaccountable programs without hurting hard-working families, and tighten our collective belts through increased efficiencies and innovation without gutting programs that support small businesses, seniors, and those in need.”
Last year, House and Senate Republicans approved a budget that was vetoed by Hobbs. Despite many partisan fights in the public eye between Republicans and the governor, Petersen and House Speaker Ben Toma deftly managed a surprise budget compromise, in which their policy priorities remained largely intact. Hobbs will be under increased pressure this time around to extract more concessions from Republicans – especially over the Empowerment Scholarship Account (ESA) program.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Governor Katie Hobbs and the Republican-led legislature are headed for another showdown.
This week, Arizona Republicans introduced and passed their proposal for a Prop 400 resolution, sending their legislation to the Governor’s Office. According to a press release from the Arizona State Senate Republican Caucus, “The Proposition 400 extension supported by Republican Legislators and outlined in SB 1246 establishes two questions to be placed on the ballot. Question number one covers funding for freeways, arterial roads and the bus program. If voters approve the proposed 0.43% sales tax on question number one, this plan would increase funding for highway projects by $1.47 billion more than the proposal being pushed by Governor Katie Hobbs and the Maricopa Association of Governments (MAG). It would also shift $1 billion from undefined uses like ‘active transportation’ and ‘air quality’ to actual arterial road projects that drivers use every day. If voters approve the proposed 0.065% sales tax on question two, MAG will receive their request for light rail rehabilitation.”
SB 1246, as amended, passed the state house with a 31-26 vote (three members not voting) and the state senate with a 16-12 tally (two members not voting).
Senate President Warren Petersen defended his side’s proposal, saying, “MAG’s proposal is a shell game, where local road project funds are diminished to allow for light rail expansion. Our Prop. 400 extension proposal allows voters to fully evaluate the transportation plan on its merits to determine which funding options best fit their preferred commute patterns. If voters approve question one and reject question two, the valley’s freeways, arterial roads and bus program will be fully funded, and the sales tax will be reduced by 13%.”
House Speaker Ben Toma spoke in support of the legislation before voting Tuesday, stating, “This has been a long time coming, and Maricopa County voters deserve real choices in how their sales taxes continue to get spent. Transparent Prop 400 expansion gives voters that real choice and puts Arizona’s critical infrastructure first. Rather than mixing vague, controversial projects with real improvements to freeways, major roads, and buses, SB 1246 moves over a billion dollars from undefined programs to actual road projects… In short, this transparent extension puts Maricopa County residents first and fulfills our commitment to smart and responsible spending.”
Shortly after the Legislature’s actions on Tuesday, the governor promised a veto on the Republicans’ plan, tweeting, “From day one, I promised I would be laser-focused on growing our economy and bringing high-paying jobs to our state for Arizona workers. Republican leadership’s partisan bill does neither of those things, and will be vetoed when it reaches my desk. Now, it’s time for legislators to vote on a compromise that is supported by a bipartisan majority in both chambers, business and labor leaders, and Maricopa County cities. Republican leadership needs to stop playing partisan games, put the bipartisan compromise up for a vote, and stop holding our state’s economic potential hostage.”
Now, it’s time for legislators to vote on a compromise that is supported by a bipartisan majority in both chambers, business and labor leaders, and Maricopa County cities. Republican leadership needs to stop playing partisan games, put the bipartisan compromise up for a vote, and…
— Governor Katie Hobbs (@GovernorHobbs) June 14, 2023
Before the Republicans passed their proposal on Tuesday, Governor Hobbs released a statement to highlight ongoing disagreements over a Prop 400 proposal, writing, “From day one, I promised that I would be laser-focused on growing our economy and bringing high-paying jobs to our state for Arizona workers. That’s exactly what this proposal does, and business leaders, labor leaders, and mayors across Arizona agree. But Republican legislative leadership is holding our economy hostage and holding back our state’s potential to be the leader in new, fast-growing industries.”
From day one, I promised that I would be laser-focused on growing our economy and bringing high-paying jobs to our state for Arizona workers. That's exactly what our Prop 400 compromise does, and business leaders, labor leaders, and mayors across Arizona agree.
— Governor Katie Hobbs (@GovernorHobbs) June 10, 2023
Hobbs then encouraged Republican legislators to make a deal with her on this pressing issue, saying, “I’m calling on those legislators to put their partisan politics aside and accept this compromise so that we can keep our economy growing for Arizona families.”
The Governor’s Office included details on the proposed deal, which included the following:
“Sets allocations at: 40% for freeways, 22% for arterials, and 38% for transit with the elimination of flexibility between the modes
Sets aside 3.5% for the capital rehabilitation of the existing light rail system
Includes proposed farebox language to provide statutorily prescribed benchmarks for farebox recovery consistent with our peers
Road diet language applies to arterial and freeway projects
Includes definitions for air quality and regional programs”
Arizona House Speaker Ben Toma took issue with the governor’s statement over the weekend, responding to reporters: “The Governor has chosen to be an uncompromising conduit for an inefficient MAG proposal that does not have sufficient votes to succeed in the House. I remain willing to negotiate, but their take-or-leave-it attitude is decidedly unproductive. We are prepared to move a more efficient alternative on Monday and work from there.” That alternative came to fruition on Tuesday.
The Arizona Freedom Caucus also pushed back on the governor’s statement, tweeting, “It’s ironic that Hobbs is pretending that she’s been involved in this issue for more than a few days. Hobbs has said very little about, and done even less, on prop 400 beyond this last week. Unfortunately for the people of Arizona, Hobbs was apparently more focused on firing yet another senior staffer and wasting the last month instead of being at the table on this issue with legislative leaders. Now instead of working with the legislature, Hobbs is choosing to shill for mayors to shove a wildly unpopular light rail boondoggle down everyone’s throats. Hobbs and MAG’s take it or leave it attitude is childish and impedes reaching a real agreement. It serves as yet more evidence that she has no idea how to lead or govern, and isn’t interested in solving complex problems, but rather just wants to play petulant political games.”
It’s ironic that Hobbs is pretending that she’s been involved in this issue for more than a few days.
Hobbs has said very little about, and done even less, on prop 400 beyond this last week.
Unfortunately for the people of Arizona, Hobbs was apparently more focused on firing… https://t.co/nKWLb5vtwG
— Arizona Freedom Caucus (@AZFreedomCaucus) June 11, 2023
The governor has been chasing headlines over Prop 400 negotiations in recent weeks. On May 24, Hobbs used her official Twitter account to share an opinion piece from the Arizona Republic’s Editorial Board, posting, “The @azcentral editorial board is right: Prop 400 is critical to build businesses, create jobs, and secure our booming economic future. Arizona could face real consequences if we fail to pass a bill. It’s time for the Legislature to stop playing games. Maricopa county voters deserve the chance to make their voices heard.”
The @azcentral editorial board is right: Prop 400 is critical to build businesses, create jobs, and secure our booming economic future. Arizona could face real consequences if we fail to pass a bill.
It’s time for the Legislature to stop playing games. Maricopa county voters…
— Governor Katie Hobbs (@GovernorHobbs) May 24, 2023
That tweet from the governor elicited a surprising comment from Arizona Senate President Warren Petersen, who said, “This is a bizarre tweet. We had just started a meeting with the governor about prop 400 while this tweet was sent out. Our plan has more roads, less congestion and is a better value to the taxpayer.”
This is a bizarre tweet. We had just started a meeting with the governor about prop 400 while this tweet was sent out. Our plan has more roads, less congestion and is a better value to the taxpayer. https://t.co/cfBF0GGM9v
Under Arizona’s constitution, any increase in the salary of state lawmakers must be approved by voters. In the past 50 years, legislators and the AZ Commission on Salaries have sent a pay raise to the ballot 18 times. All but two of them have been shot down by the voters. The most recent referral, in 2014, to raise legislative salaries to $35,000 was rejected 68%-32%.
They’re still trying to scare us. Apparently, some people in our country just don’t like seeing businesses reopen, people unmasked, and a return to normalcy. So, as the threat to COVID largely dwindles, it should come as no surprise that the media is now pushing a new threat: the Delta variant.
It will be interesting to see how state and local governments across the country respond to this so-called “latest threat.” As you’ll recall, it didn’t go so well the first time around with most seizing the opportunity to abuse emergency powers, even here in Arizona. And although Arizona’s COVID response puts it ahead of most other states in the country, there’s still work to be done.
Thankfully, our state lawmakers haven’t ignored the problem. And with various provisions in a series of Budget Reconciliation Bills, they have taken important steps to protect Arizona from more COVID mandates and government overreach.
