by AZ Free News | Mar 24, 2021 | News
On Tuesday, Arizona Governor Doug Ducey signed legislation that will allow victims of human and sex trafficking to take civil action against their perpetrators and anyone else who contributes to their abuse.
Representative Shawnna Bolick introduced HB2116 which received unanimous legislative support. HB2116 stipulates that:
- A person who engages in the trafficking of another person or a person who benefits from participating in a venture that traffics another person is liable to the person trafficked for damages that arise during the trafficking period.
- Acquittal, no prosecution or criminal conviction, or conviction of a different offense or of a different type or class of offense do not qualify as a defense to liability.
- Subjects corporations, associations, and partnerships to liability.
- A claimant who prevails will be awarded actual damages and may recover additional exemplary damages.
- Any person found responsible for any amount is jointly liable with any other person found to be liable for the entire amount of damages.
- If a legal entity is found responsible for trafficking, a shareholder, partner, or member of that entity is jointly and severally liable if the shareholder, member, or partner was found to have personally benefited from the trafficking.
- There is no statute of limitations for a victim to bring forward a private action.
- Previously in Arizona, human and sex trafficking were only addressed in criminal statutes. Victims could not take civil action against their perpetrators in state court.
According to the Federal Bureau of Investigation, in the United States, both U.S. residents and foreign nationals are being bought and sold like modern-day slaves. The Bureau says traffickers use violence, manipulation, or false promises of well-paying jobs or romantic relationships to exploit victims. Victims are forced to work as prostitutes or to take jobs as migrant, domestic, restaurant, or factory workers with little or no pay.
“What we are seeing is that there is a ton of activity, there are a ton of people being bought and sold for sex in our community,” Dominique Roe-Sepowitz, Director of Sex Trafficking Intervention Research at Arizona State University, said last April, adding that the traffickers “are being more violent” and are “more likely to be carrying a weapon.”
by AZ Free News | Mar 19, 2021 | News
An amendment offered by State Rep. Shawnna LM Bolick that would delay the state income tax return filing deadline will be considered by the House Ways and Means Committee on Wednesday, March 24.
Bolick says her amendment to SB 1297 will provide uniformity with federal tax filing deadlines.
The Internal Revenue Service announced this week it has postponed this year’s April 15 deadline for filing federal income tax returns to May 17, citing the COVID-19 pandemic and recent changes in tax law. Arizona’s current state tax deadline is April 15.
“Arizonans should not be rushed to files their state taxes while they still have time to file their federal taxes,” said Bolick in a press release. “Arizona income tax filings are often dependent on the federal adjusted gross income – a figure only determined once you file your federal taxes. So, having the state deadline fall prior to the federal deadline doesn’t make a whole lot of sense and would only be cumbersome for state filers. Which is why I introduced language to postpone Arizona’s filing deadline for this year to mirror what the federal
deadline.”
by AZ Free News | Jan 24, 2021 | News
Proposed state legislation which would set the penalties that must be imposed against businesses which sell tobacco or vapor products to someone below the minimum age will be considered Tuesday by the House Committee on Commerce.
Rep. Shawnna Bolick (R-LD20) has introduced HB2118 which amends ARS 13-3622 which currently makes it unlawful to sell tobacco and vapor products to minors. The bill would change that language to read “a person who is under the minimum age of sale” to reflect a federal rule which raised the minimum age to 21.
Bolick’s bill would also establish penalties to be imposed by a court when an enterprise violates the minimum age requirement. For instance, a first offense would involve mandatory attendance at a court-approved “tobacco retailer educational course” either in lieu of or in addition to a fine of $500 to $750.
Any additional violation committed by an enterprise within 36 months of the first violation would require a court to send at least one owner or manager of the business and one person in a nonmanagerial position to a court-approved tobacco retailer course.
Also under HB2118, a second violation within 36 months would require a court to prohibit the business from “selling, giving or furnishing” tobacco or vapor products for 30 days and impose a $1,000 to $1,500 fine. And a third violation within a 36-month period would require a $2,000 to $2,500 fine and prohibition on selling tobacco or vapor products for 90 days.
Four or more violations of the minimum age for sale law would require a court to impose a one-year ban on selling such products along with a fine of $3,500 to $5,000. result in a one year.
Bolick also includes a separate mandatory fine of $3,500 to $5,000 if a business sells, gives, or furnishes tobacco or vapor products while prohibited to do so under an earlier violation. In that situation a court would be required to extend the prohibition on future sales “for an amount of time that is two times the length of the prohibition that was initially imposed.”
The House Committee on Commerce is chaired by Rep. Jeff Weiniger (R-LD17). The committee meeting is scheduled for 2 p.m. on Jan. 26.
