In January, Arizona’s 55th legislature will convene with new challenges. Republicans managed to maintain slim majorities in both chambers, but what can we possibly accomplish with a Democratic Governor? It will certainly be more difficult to get pro-liberty legislation signed into law, but there are still tangible goals worth fighting for. We just have to be realistic and narrow down our agenda.
The Republican Liberty Caucus of Arizona has published its top five priorities for the 2023 legislative session. These are pragmatic ideas to advance the principles of individual rights, limited government, and free markets, even under a Democratic Governor. Several of these goals were included in Senate President Warren Petersen’s plan to help Arizonans combat rising prices, which we fully support.
The first priority is the same for every legislative session: kill the bad bills. Moderate legislators will be looking for ways to compromise with our new Governor by promoting legislation that will expand the size and scope of government. Our primary focus will be to fight these bills in the legislature, preventing them from reaching the Governor’s desk.
Our second priority is one of Senate President Petersen’s priorities: to repeal the municipal rental taxes on residential properties. These are taxes imposed on residential rental properties by cities and towns. The cost of housing has skyrocketed in recent years, especially in Arizona. As many municipalities sit on massive surpluses, they should be looking for ways to cut taxes and alleviate the cost of housing. Sadly, few cities have done this. It’s time for the legislature to change Arizona statute by revoking the cities’ authority to tax residential rental properties. Rep. Shawnna Bolick ran a bill last session to repeal this tax, and it passed the House with bipartisan support. With support from multiple Democratic lawmakers, this is something Governor Hobbs might sign.
Priority number three is also one of Senate President Petersen’s priorities: eliminate the food tax. One of the reasons why cities are seeing record high revenues is because inflation forces people to spend more. This means more sales tax revenue. Food is a necessity and a tax on food is a regressive tax that especially hurts the middle and lower class who are already struggling with inflation. Some Republicans might object to a repeal of food sales taxes because sales taxes are less invasive than income or property taxes. While we agree a reduction to income or property taxes would be preferable, we should be looking to cut any and all taxes wherever there is a consensus for it. By amending statute to prohibit municipalities from taxing food, we would compel local governments to address the rising cost of living by cutting an unnecessary, regressive tax. We can try to pass this as a normal bill, but if the Governor vetoes it, we could also pass it as a referral that goes to the ballot for the voters to decide, bypassing the Governor’s pen. High inflation has decreased the appetite for taxes, as seen by the rejection of Proposition 310 and many failed bonds and overrides. If placed on the ballot, a repeal of the food tax would likely pass.
Our fourth priority is to prohibit the Governor, or any state agency, from shutting down private businesses under the guise of an emergency declaration. Last session, Governor Ducey signed Sen. Warren Petersen and Rep. Leo Biasiucci’s bill to ban cities and counties from shutting down private businesses. Now we must ensure that the state government cannot impose lockdowns. The Governor would surely veto this bill, but the legislature can instead pass a measure to put this on the ballot in 2024. Once again, this would allow the legislature to go around the Governor. It’s unclear if the voters would pass this measure, but with a leftist Governor, we must do all we can to reign in the powers of the executive branch. We cannot allow our private businesses to be shut down by petty tyrants.
Finally, priority number five is a criminal justice reform that would allow simple drug possession offenses to remain undesignated, allowing the court to designate the offense a misdemeanor upon completion of probation. This is not soft on crime because it would only apply to first-time, victimless drug possession charges, and the offense would still be designated a felony if the individual fails to complete probation. By giving people a chance to avoid a permanent felony, this would be a huge incentive for first-time drug offenders to complete probation and become productive, law-abiding citizens. The end result would be reduced recidivism and less taxpayer spending. This bill was sponsored by Rep. Neal Carter last session, and it passed the House unanimously before getting stuck in the Senate. With new committee chairs and bipartisan support, this reform has a real chance at passing.
This is not an exhaustive list, but these are the top five priorities of the Republican Liberty Caucus of Arizona heading into 2023. This legislative session will look different, but there is always work to be done to advance liberty. We must remain vigilant as we fight to keep Arizona a free and prosperous state!
Arizona state law now prohibits government properties from requiring masks, with the exception of areas with workplace safety and infection control measures unrelated to COVID-19.
Governor Doug Ducey signed the bill, HB2453, last Friday. Its sponsor, State Representative Neal Carter (R-Queen Creek) declared in a subsequent press release that mask-wearing shouldn’t be a prerequisite for accessing the government.
“Citizens should not be required to wear a mask to access government services,” said Carter. “This law prevents policy setting by unelected bureaucrats which, in my own experience, led to the public being denied entry to some county buildings that continued to impose mask requirements long after such mandates had been widely dispensed with or prohibited around the state.”
Opponents of the bill, like the Arizona House Democratic Caucus, insisted that an outright ban on mask mandates contradicted scientific knowledge.
The last two bills HB2453 — preventing government buildings from requiring masks: and HB2616 — parental consent for masks for minors (that’s given when they send their kid to school with a mask), brought to you by the fine folks at #COVID19. Opposed by the fine folks at #Science.
Proponents of the bill argued that masks were a choice derived from personal liberty.
The House just passed Rep. Neal Carter’s bill HB2453 to prevent government entities from imposing mask mandates. A win for personal liberty.#EndTheMandatespic.twitter.com/jdSvyLHtkq
Residents living in unincorporated communities across Arizona have a streamlined process for seeking to become a city or town, now that Gov. Doug Ducey has signed House Bill 2455 into law.
Under HB2455, the process will require those seeking incorporation to provide public notice at least six months prior to formally publishing a Petition to Incorporate. The requirements for making that notice are also detailed in the new legislation which Ducey signed April 6.
Another important change related to HB2455 is the ability to include “large areas of uninhabited, rural or farm land” into the incorporation plan under certain circumstances. But the biggest change is that those directly impacted by an incorporation plan can still object and be removed from the boundaries, but it is harder for them to outright kill the effort.
The change is intended to allow affected local qualified electors to vote on the proposed incorporation without having their interests overshadowed by others.
HB2455 was introduced by Rep. Neal Carter who represents parts of Gila and Pinal counties. He lives in San Tan Valley, where residents have tried three times in the last 12 years to incorporate the area which is home to nearly 97,000 people in northern Pinal County.
“Each time, the effort has failed without ever going to a ballot because of objections from outside interests,” Carter said after his bill was signed into law. “I believe people who live within a community should have a chance for their voices to be heard on matters of local governance. Any decision of whether a community becomes a town or city should be made by its residents, not by out of area interests.”
Carter was appointed last fall by the Pinal County Board of Supervisors to fill the remainder of Rep. Frank Pratt’s term following Pratt’s death. HB2455 was the first bill Carter introduced which the governor has signed into law.
HB2455 takes effect 90 days after the end of this legislative session.
The House Transportation Committee approved SB1356, legislation to give Maricopa County residents a vote for or against a transportation tax and excise tax plan. The committee passed with bipartisan support, with the exception of three: State Representatives Neal Carter (R-Queen Creek), Kevin Payne (R-Peoria), and Leo Biasucci (R-Lake Havasu City).Two didn’t vote either way: State Representatives Brenda Barton (R-Payson) and David Cook (R-Globe).
Arizona Free Enterprise Club Vice President Aimee Yentes expressed opposition to the bill, noting that 40 percent of the money was allocated for public transit. Yentes explained that the 1985 transportation tax plan was successful because it built freeways, but that over the decades the plan shifted from essential infrastructure like roads and freeways to “transit,” despite a steep, increasing decline in its use. That number sits at half a percent currently.
“As we’ve seen post-COVID, that ridership number has fallen off a cliff. There are actually more people who don’t own a vehicle that take a car to work than actually use public transit. That’s kind of astonishing,” said Yentes.
Yentes also noted that the bill sets aside funding for something already covered by statute: “regional programs.” She said the definition of that term was problematic because it doesn’t distinguish street intersection improvements but, rather, “arterial roads and regional programs.”
“It really is a catch-all that can be used to siphon off local city slush funds for whatever: complete streets, air quality,” said Yentes.
The bill sponsor, State Senator Tyler Pace (R-Mesa) said that the bill’s rejection, either by the legislature or by Maricopa County voters, would necessitate the Arizona legislature to find the funds for transportation projects themselves. Pace insisted that the committee members shouldn’t nitpick at the provisions of the bill because the greater good concerned Arizona’s legacy of quiet, fast roads superior to those of other states.
State Representative Richard Andrade (D-Glendale) compared SB1356 to previous efforts to expand and extend the state’s two major highways: Loop 101 and the I-17. Andrade argued that creating more public transit like light rails would increase their use.
Those in opposition explained that they weren’t confident this bill would actually meet transportation needs. Carter said that he supported infrastructure, but said that the legislation had room for improvement. Carter said his reservations included provisions for expenditures related to air quality, and the expansion beyond a 20-year authorization.
Payne expressed displeasure that legislators impacted by the bill weren’t included in stakeholder meetings. He explained that his constituents were requesting another bus route down Bell Road, for example, and that he couldn’t vote for the bill in good conscience because of that.
Echoing Carter and Payne’s statements in his “no” vote was Biasucci. Biasucci argued that the legislature should utilize its $4 billion in surplus instead of passing the costs on to taxpayers.
“I think this is, really, how it needs to be done: the money should come from the general fund to be spent on major projects, I’m talking billions of dollars’ worth, in my opinion. For me, when we’re sitting on this huge surplus, it’s hard for me to say, ‘Yes, I agree with a tax increase or an extension,’” said Biasucci.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
A newly-proposed bill would prevent discrimination against a person’s vaccination status when it comes to employment, housing, or public accommodations. The legislation, HB2452, would elevate vaccination status to other protected classes like race, color, religion, sex, age, disability, familial status, or national origin.
State Representative Neal Carter (R-Queen Creek) proposed the legislation. In a press release, Carter stated that punishing employees based on their vaccination status wasn’t just bad economic sense — he asserted that doing so violated an individual’s freedom to choose what was right by his conscience and best for his health.
“At this time when our nation is facing a critical hiring and employee shortage, it doesn’t make sense to further restrict the labor market through imposition of mandatory medical procedures as a condition of employment,” said Carter. “Moreover, the idea that a mandatory medical procedure should be a requirement of continued employment is offensive to freedom of conscience, economic security, and medical integrity. No person should be forced to choose between putting food on the table and the integrity of his or her body.”
The bill received a number of cosponsors: Majority Whip Leo Biasiucci (R-Lake Havasu City), Representatives Walt Blackman (R-Snowflake), Shawnna Bolick (R-Phoenix), Joseph Chaplik (R-Scottsdale), Lupe Diaz (R-Hereford), Tim Dunn (R-Yuma), John Fillmore (R-Apache Junction), Mark Finchem (R-Oro Valley), John Kavanagh (R-Fountain Hills), Teresa Martinez (R-Oro Valley), Quang Nguyen (R-Prescott), Jacqueline Parker (R-Mesa), and Justin Wilmeth (R-Phoenix).
The bill has yet to be reviewed by any committee.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
