Category Archives: State Legislature

Governor Ducey Signs Legislation To Protect Second Amendment Rights

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PHOENIX — Governor Doug Ducey today signed legislation to protect the Second Amendment rights of Arizonans by safeguarding against frivolous lawsuits that have no connection to unlawful use of firearms. The new state law mirrors federal law that was passed on a bipartisan basis.

“With efforts currently underway in Washington to erode Second Amendment rights, Arizona is taking action to protect those rights,” said Governor Ducey. “In Arizona, we’re safeguarding manufacturers, sellers and trade associations. Bad actors need to be held accountable, and we will work to make sure they are. But we’re not going to allow lawsuit after lawsuit to slowly tear down the Constitutional rights of law-abiding citizens in our state. Senate Bill 1382 achieves this goal, and I’m grateful to Representative Quang Nguyen and Senator Wendy Rogers for leading on this important legislation.”

Senate Bill 1382 prohibits the state and all entities of the state from suing a member of the firearms industry for lawful design, marketing, distribution, and sale of firearms and ammunition to the public. The legislation also prohibits a civil action from being brought against a manufacturer or seller of a firearm or ammunition or related trade association for damages resulting from the criminal misuse of the firearm or ammunition, with exceptions.

Additionally, it protects manufacturers or sellers of firearms and ammunition from civil action for damages resulting from the criminal misuse of the firearm or ammunition, except in specified circumstances.

“Arizona is—and will remain—a strong 2nd Amendment state,” said Judi White of Tucson, a champion of gun rights who has long been active in the NRA. “We can’t let flippant lawsuits hinder operations of firearm or ammunition manufacturers, sellers and trade associations that are following the law. Senate Bill 1382 makes sure of that. Thank you, Governor Ducey, for signing legislation that protects citizens’ Constitutional rights.”

In 2005, Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA) which provides federal protection for law-abiding firearms and ammunition industry members against frivolous lawsuits. PLCAA has been challenged in recent years, including in April 2021 when President Biden stated removing PLCAA as a top priority of his administration. Senate Bill 1382 codifies the federal provisions under state law.

Senator Wendy Rogers introduced SB 1382.

Financial Assistance Opportunities for Leaking Underground Storage Tanks

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House Bill 2704 has revised and enhanced financial assistance programs available to underground storage tank (UST) owners, operators and property owners.

Enhancements include:

  • Tank Site Improvement Program (TSIP)

– Increased maximum dollar amounts for each eligible activity
– Up to $15,000 per site for over-excavation of petroleum contamination found during UST removal

  • Preapproval Program

– Reimbursement for preparation costs and some non-preapproved activities
– Development of an expedited process to address corrective actions for newly discovered contamination

Omnibus Bill SB 1183 Passes, Eliminating and Reducing Unnecessary Regulatory Burden

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PHOENIX – Arizona Department of Environmental Quality officials today thank Governor Doug Ducey for signing SB 1183 into law. Sponsored by Senator Griffin, the legislation will reduce unnecessary regulatory burdens, while continuing to promote environmentally responsible economic growth.

In response to Governor Ducey’s Executive Order 2015-01, SB 1183 is the next step of ADEQ’s comprehensive evaluation of existing statute and rule to identify and remove, simplify or correct duplicative, contradictory and ambiguous regulatory hurdles. SB 1183 successfully streamlines five statutes, and will also result in the amendment or termination of eight sections of rule from the Arizona Administrative Code, offering tangible benefits to Arizona taxpayers and industry.

Senator Gail Griffin, R-14 Senate Majority Whip, said today, “I am glad to stand with Governor Ducey and sponsor legislation to update and repeal unnecessary and outdated regulations that burden our economy.”

“As we continue to eliminate waste in our processes through our ongoing LEAN transformation, we increase our capacity to do more mission-critical work,” said Arizona Department of Environmental Quality Director Misael Cabrera. “Cutting this waste from our regulations is another step toward more effective government that operates at the speed of business.”

SB 1183 highlights:

  • Septage Hauler – Removes redundant regulatory and fiscal burdens from regulated septage haulers by providing ADEQ the authority to eliminate, in rule, duplicative state and county licensing and inspection fees. (ARS §49-104)
  • Dry Well Driller Licensing – Eliminates redundant regulatory oversite from ADEQ for licensure already administered by the Arizona Registrar of Contractors. (ARS §49-333)
  • ADEQ Recycling Emblem – Eliminates statutory requirements for rules regarding establishment and use of a state recycling emblem. (ARS §49-833, R18-13-2501)
  • State-owned Hazardous Waste Facilities – Eliminates a duplicative hazardous waste transportation requirement that is already administered under the jurisdiction of the Arizona Department of Transportation. (ARS §49-905)
  • Toxic Substances List – Removes an outdated and contradictory provision related to the federal Toxic Substances List. (ARS §49-968)

Governor Ducey vetoes justice of peace residency bill

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williams-justice-courtPHOENIX — On Tuesday, Governor Doug Ducey vetoed H.B. 2592 which would have required a candidate for Justice of the Peace to be a resident of the precinct they are to represent at the time they file papers and would have to have been a resident for one-year at the time of the general election date.

The exception would have been a justice of the peace who had been appointed. A.R.S. § 16-230 allows the governor to fill vacancies in the Justice of the Peace office with a person of the same party.

The Governor stated in his veto letter:

I do not believe it is appropriate to create a separate residency standard for one specific elected office.

The Governor also vetoed S.B. 1171 concerning filing of late campaign reports. The bill would have required that the specific amount of daily late penalties and how and when daily late penalties start and stop accruing be added to notices sent to campaigns who file late campaign reports.

Governor Ducey said in his veto letter that this matter could be handled administratively in the office of the Secretary of State.

According to current law, all penalties for late filing must be paid prior to filing the late report.

HB 2320 and HB 2431 Stalled in House

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axcdl_logoContact House Leadership!
Commentary by Arizona Citizens Defense League

PHOENIX — The House Leadership has sidelined two AzCDL-requested bills, HB 2320 and HB 2431. If they cannot meet the March 20 deadline to be heard in Senate committees, they are effectively dead for the session.

HB 2320, which would exempt CCW permit holders from being disarmed when entering state and local government property unless every person entering is screened for weapons, only needs a Third Read floor vote to proceed to the Senate.

HB 2431, which would establish an interstate compact that restricts member states from enacting firearms transfer requirements greater than existing federal law, needs both a House Committee of the Whole (COW) hearing, currently scheduled for March 9, and a Third Read vote to proceed.

It’s time to urge the House Leadership to schedule HB 2320 and HB 2431 for Third Read votes before it’s too late.

Daylight Savings time begins Sunday

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famous-daylight-savings-time-quotes-and-sayings-2PHOENIX — Daylight savings time will begin tomorrow. Across the country clocks will “spring ahead” one hour.

Except in Arizona.

For years, Arizona has enjoyed the luxury of not having to reset their clocks. They may, however, have to reset the recording times on their VCR (if you know what those are) to ensure they can capture the latest Lady Gaga performance.

300-Native-AmericanThis distressing situation may change, however, if Republican Phil Lovas has his way.
Arizona legislature Phil Lovas (R-22) has introduced HB 2014 to make Arizona compliant with daylight savings time. He is joined by John Allen (R-15) and Paul Boyer (R-20).

HB 2014 would amend Section 1-242 of the Arizona Revised Statute to make Arizona residents change their clocks with the rest of the nation. The bill even deletes section D. of the current statute which reads:

The rejection of daylight saving time as provided for in this section may be changed by future legislative action.

Presumably this is intended to ensure that no one has to change their recording times so that they can always and forever catch the latest escapades of the Kardashians.

Fortunately there appears to have been no movement on this bill of Kawliforna influence.

The problem with HB 2284? Nothing, really.

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OPINION by Glen Davis

EJ Montini of the Arizona Republic apparently has a problem with Arizona HB 2284. This bill would allow the Director of the Department of Health Services to inspect, or send a duly designated agent, to inspect abortion clinics if there is “reasonable cause” to believe they are violating the law or rules concerning abortion.

His argument is that they have this authority already if they obtain a warrant.

Mr. Montini does not seem to have a problem with warrantless searches of restaurants by county health departments. Especially to make sure they are adhering to an unconstitutional law against allowing smoking in their business.

I do not know if he has a problem with Obamacare guidelines which allow warrantless inspections of homes of “at risk” families. These include Veterans who have honorably served our country, homes with pregnant women under the age of 21, homes of student that have children with low student achievement, homes of tobacco users, families with substance abuse problems, and so-forth.

I do not know how you determine a student of low achievement since common core curriculum does not require you to get the right answer, but whatever…

This provision is not unusual. ARS 36-463.02 allows inspections of clinical laboratories. Although 36-495.07 does limit inspections of environmental laboratories to an annual occurrence, no warrant is required. ARS 36-855 allows the warrantless inspection of child care facilities by local or State health departments. We have mine inspectors and even a guy to run around and check railroad crossing signals. We can send police to find out why kids are not in school without a warrant.

The point is that any organization licensed to do business affecting the health and safety of the public, in some fashion, agreeing to warrantless inspections on the city, county or State level. It is rather difficult to understand why abortion clinics should be exempt.

SEE ALSO: Center for Arizona Policy

On Religious Liberty, Arizona Gets it Right and NY Times Gets it Wrong Again

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The headline reads “A License to Discriminate.” And the New York Times editorial board goes on to claim that Arizona has just passed “noxious measures to give businesses and individuals the broad right to deny services to same-sex couples in the name of protecting religious liberty.” The Times got it wrong. The proposed legislation never even mentions same-sex couples; it simply clarifies and improves existing state protections for religious liberty. And as the multitude of lawsuits against the coercive HHS mandate and the cases of photographers, florists and bakers show, we need protection for religious liberty now more than ever.

In 1993, overwhelming bipartisan majorities of both houses of congress passed, and President Bill Clinton signed, the federal Religious Freedom Restoration Act (RFRA). The Act states that the federal government “shall not substantially burden a person’s exercise of religion” unless it can demonstrate that such a burden “is in furtherance of a compelling governmental interest” and “is the least restrictive means of furthering that compelling interest.”

In 1999 the state of Arizona passed similar legislation that prevents the state government from similarly burdening the free exercise of religion. The bill that the Arizona legislature just passed is an amendment to the 1999 state RFRA clarifying that the protections extend to any “state action” and would apply to “any individual, association, partnership, corporation, church, religious assembly or institution or other business organization.” In other words, it protects all citizens and the associations they form from undue burdens by the government on their religious liberty or from private lawsuits that would have the same result.

Respecting religious liberty for all those in the marketplace is particularly important. After all, as first lady Michelle Obama put it, religious faith “isn’t just about showing up on Sunday for a good sermon and good music and a good meal. It’s about what we do Monday through Saturday as well.”

Read more at The Foundry

Arizona Bill to reduce metadata collection moves forward

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nsa-hubArizona Senator Kelli Ward introduced SB 1156 (HTML | PDF) which would prevent agencies and corporations of The Great State of Arizona from assisting in the metadata collection by the NSA and other agencies.

The Tenth Amendment web site calls it the first in the nation.

Arizona Senator Kelli Ward (Photo AZ Legislature web)

Arizona Senator Kelli Ward (Photo AZ Legislature web)

FOURTH AMENDMENT

The Fourth Amendment of the inalienable Bill of Rights provides:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Supreme Court has so watered down most of the Bill of Rights through decisions based on ideology and not constitutionality that this provision is almost worthless. For example, TSA can violate your person without a warrant based on probable cause by Oath or affirmation by your simple act of buying a ticket for public transportation.

Apparently, however, the “fake” NSA spying scandal has finally pushed Senator Ward too far. The bill would not stop illegal data collection by the NSA and other agencies which has tapped into all forms of communications. It would only prevent the State agencies and corporations dealing with the State from providing any assistance to the federal government.
Continue reading →

Gun bills in the Arizona Legislature.

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Gun-and-GavelThe legislative session began on the 13th and all bills must be submitted by February 10th. The Arizona Citizens Defense League has compiled a listing of gun bills currently in the legislative process.

Many are simply technical corrections to the language of the law.

HB 2103 would amend ARS 13-3112 to allow current military and veterans from age 19 on to obtain a concealed weapons permit in Arizona.

It changes section E. 1. to read, “2. Is twenty‑one years of age or older or is at least nineteen years of age and provides evidence of current military service or proof of honorable discharge or general discharge under honorable conditions from the United States armed forces, United States armed forces reserve or a state national guard.”

The bill is introduced by Representatives Townsend, Borrelli, Kwasman, Livingston, Mitchell, Petersen, Seel, Smith, Thorpe: Barton, Cardenas, Lovas, Shope

HB 2127—introduced by Representatives Pratt, Gowan, Shope and Senators Griffin, Pierce and McGuire—after some technical corrections would eliminate Section D. which would eliminate the restriction of game guides to a revolver or pistol. This would allow them to carry long guns.

HB 2132 was submitted by Representative Quezada would allow persons to automatically be restored the right to vote after the end of their probation or their absolute discharge from prison. Filing for the restoration of the right to bear arms does not change.

HB 2133 would amend Title 38 adding 38-202. This would require anyone applying for a peace officer position to provide proof of United States citizenship and would prevent a public officer from providing an application for that position to anyone who cannot prove United States citizenship.

This is obviously meant to prevent past discrepancies such as the Carmen Figueroa case. She did not realize that she was an illegal alien and may not have been required to carry a firearm. This is probably why she slipped through the system. Most people, however, are required to prove citizenship to purchase a firearm through the federal system.

SB1063 would require any public establishment or even to provide sutiable, secure storage facilities in compliance with 13-3102.01 if they do not allow firearms into their facility or event. This technical correction would allow gun owners to ignore the warning placards if the facility does not provide secure storage.

SB1064. The AZCDL assessment of this bill is:

ACDLlogo3

Under the expanding gas language in ARS 13-105.19, an air-operated pistol or rifle can be considered a firearm. This differs with ARS 13-3101.4, which uses action of an explosive to define a firearm. By having two definitions, law enforcement can cherry-pick the statute they want to apply.