Category Archives: State Legislature

Governor Brewer vetoes bills strengthening Sheriff controls and endorsing the Second Amendment

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PHOENIX—Governor Jan Brewer, whose finger-wag was seen ’round the world, vetoed Arizona H.B. 2434 which would have required federal law enforcement officials to report to the County Sheriff prior to taking any law enforcement action.

In her April 11th letter, she informed House Speaker Andy Tobin of her concerns with interference with federal agencies.

“This legislation has the potential to interfere with law enforcement investigations and adds unneeded reporting requirements for law enforcement. Rather than hinder the efforts of our federal law enforcement colleagues, we need to focus on collaboration,” she wrote.

She noted that the Arizona Counter-Terrorism Intelligence Center gathers local, state and federal law enforcement to jointly fight against terrorism and other serious crimes. Apparently that does not include securing the southern border.

The Governor also vetoed House Joint Resolution 2001 “Authorizing opposition to the use of an international force on american soil that seeks to enforce any united Nations treaty that has not been ratified by the United States senate.”

The resolution reads:

Whereas, the Second Amendment to the United States Constitution firmly states, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed”; and

Whereas, Article II, section 26, Arizona Constitution, states, “The right of the individual citizen to bear arms in defense of himself or the state shall not be impaired”; and

Whereas, member nations of the United Nations have formed committees with the intent to regulate private firearm ownership; and

Whereas, the United Nations committees have held hearings on the Arms Trade Treaty, which includes regulation of private firearms ownership; and

Whereas, the Constitution of the United States prevents the President from enacting a treaty without ratification from the United States Senate; and

Whereas, the National Rifle Association has secured the commitment from 58 current United States senators that they would not ratify the United Nations’ Arms Trade Treaty as long as it includes regulation of private firearms ownership; and

Whereas, the United Nations Security Council regularly shows its disregard for sovereign nations and their constitutions and laws; and

Whereas, the United Nations has used force to disarm citizens of a sovereign nation in the past, which led to mass killings by bladed weapons; and

Whereas, the United Nations often uses international forces to impose its will on sovereign nations.

Therefore

Be it resolved by the Legislature of the State of Arizona:

1. That the State of Arizona opposes any use of an international force on American soil that seeks to enforce any United Nations treaty that has not been properly ratified by the United States Senate.

2. That the State of Arizona authorizes using organized resistance to thwart any international force that infringes on the United States Constitution or any of its amendments.

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Legislation signed by the governor

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The legislature has passed over seventy pieces of legislation to the office of the Governor so far this session; none have been vetoed. The legislations include including increasing requirements for sex offenders, a World War II Memorial, and a bill which designates March 12th of every year as Girl Scouts of the United States of America Day.
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House to hear bill to decriminalize marijuana

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House republican John Fillmore from Apache Junction has introduced several bills covering the use of marijuana and protecting medical marijuana dispensaries.

House Bill 2044 would reduce the possession of one-ounce or less to a petty offense. The bill passed through the Judicial and Rules committee and had its second read on January 10.

The bill would change Subsection B of 13-3405 to add a Paragraph 1 to read, “Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of one ounce or less is guilty of a petty offense and, notwithstanding section 13‑802, the person shall pay a fine of not more than four hundred dollars.”

13-802 provides, “A sentence to pay a fine for a petty offense shall be a sentence to pay an amount, fixed by the court, of not more than three hundred dollars.” The change would allow a fine up to one hundred dollars more.

The bill does not make the use of marijuana legal for recreational purposes.
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Arizona State Guard changes name; Job remains that same.

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by Glen Davis

PHOENIX—The Border Security, Federalism and States’ Soveriegnty committee will meet at 9 a.m. on Thursday where Senator Sylvia Allen is expected to submit a strike all amendment to S.B. 1083 to form the Arizona State Guard. The amendment would strike the original S.B. 1083 and create, instead, an Arizona Special Missions Unit.

The Arizona Special Missions Unit would be formed by adding a Chapter 20 to Title 41 of the Arizona Revised Statute entitled State Government. The original bill mixed the Arizona State Guard within Title 26, Military Affairs and Emergency Management.

Because of some technical confusion pointed out by Major General Salazar of the National Guard and concerns of confusion by law enforcement by one of the other Senators, Senator Sylvia Allen changed the bill to ensure a clear separation between the State organization and the National Guard. It also makes clear that they may not act without local law enforcement request.

In an email, Senator Allen wrote, “We must have the ability to organize a highly train special unit who could help with cross border criminal activity. This is a cross between State Guard/Arizona Ranger.”

The missions of the unit and funding are essentially the same, but several key elements make it more like a true militia than the S.B. 1083 bill.
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Senate committee sends emergency bill to the legislature

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Phoenix —The Senate Committee on Border Security, Federalism and State’s Sovereignty voted on Thursday, January 26th to send two bills and a resolution to the legislature for a vote.

S.B. 1083 to establish the Arizona State Guard received six yes votes, one no and one not voting. Major General Salazar, Adjutant General of the National Guard, expressed some concerns about the wording in the Arizona Constitution which might make the Arizona State Guard under the National Guard. The Arizona State Guard when called by the governor would, in effect, be a militia and thus subject to National Guard. Senator Sylvia Allen noted that there is was an effort to write the language so that it is clear that they are two separate entities and the Arizona State Guard would be under Arizona State control. Another point General Salazar made was whether or not federal agencies would welcome State Guard personnel in their areas of operation. He was unclear what coordination could be conducted.

He did clarify that he was not objecting the the legislation but pointing out areas of the legislation and Arizona Constitution that might cause contention. At one point he joked, “I’m not taking this personally.”

One concern expressed was basically giving a gun to untrained people and sending them to the border. In previous testimony, however, it was made clear that they would be trained before they were sent into areas of operation. One Senator with previous military experience balked at the notion giving several examples of where the Army trained various groups around the world in a short amount of time to fight.

SCR 1008 and S.B. 1081 giving counties the ability to declare emergencies in the forested areas to clean out fire fuels also passed, both with a vote of 6 yes and two not voting.

Toll proposal puts the brakes on economic recovery

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By BUSTER JOHNSON
Chairman
Mohave County Board of Supervisors

During the January 10 meeting of the Mohave County Board of Supervisors, we unanimously voted to oppose the state’s proposal to turn a 30-mile segment of Interstate 15 into a toll road. Now, Arizona State Rep. Karen Fann (R-District 1, kfann@azleg.gov, co-sponsored by Republican Russ Jones rjones@azleg.gov) has launched legislation that would open the gates to toll roads throughout the state.

Fann’s House Bill 2358, titled Public-Private Partnership; Toll Facilities, creates regulations for collection of tolls and a variety of punishments for those who do not pay them. Specifically, it allows the suspending or revoking of vehicle registrations and driver’s licenses.

This long-winded bill sets up procedures for toll agencies to track and nail anyone who has “liability for toll nonpayment” throughout the state. HB 2358 is the legal foundation that will be used for the furtherance of toll roads, toll bridges and other toll transportation facilities (read rest stops) in Arizona.

I understand the traditional toll facility proposals. A major bridge or road is built through bonded indebtedness and, when it opens for use, customers pay a toll that eventually pays off the cost of construction. But to establish a precedent of charging tolls to use pre-existing roads and bridges is a terrible wrong turn that Arizona does not need to make.

If our State Legislature passes HB 2358, the gates will be opened for many toll proposals leading to costly trips. Driving Arizona highways will no longer be enjoying the open road. It will be more like traversing a board game with costly detours and, if you avoid a toll booth, an expensive Get Out Of Jail fee. The state slogan will become, “You can’t get there from here.”

Okay, that was a bit facetious, but in an age where we are trying to get business back to health and America back to work, HB 2358 sets up roadblocks to prosperity. Truckers who have to take the highways and interstates will be hit the hardest with new fees. At the end of the line, those costs will be passed on to retail customers. Those same customers will have to pay tolls on the roads bringing their more-expensive purchases home.

We will bring more prosperity and transportation funds to Arizona by removing roadblocks to economic development; not by adding them. This Board of Supervisors opposed the state’s proposal of putting a toll on I-15 and I oppose HB 2358, which would drive more toll proposals and bring economic recovery to a screeching halt.

State Senate second readings

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The Arizona State Senate conducted a second reading of several bills on January 12 for the fiftieth legislative session. A bill is required to be read three times before being considered for passage. The brief descriptions given here are from reading the legislation and the authors of the legislation have not been contacted for clarification.

Senate Concurrent Resolution 1007 introduced by Senator Gallardo would allow Arizona voters to amend Article IV, Part 2, Section 6 of the Arizona Constitution relating to the arrest of members of the legislature. It would amend that section to read, “Members of the legislature shall not be subject to any civil process during the session of the legislature, nor for fifteen days next before the commencement of each session.” This strikes the privilege from arrest which Senator Scott Bundgaard evoked amidst charges of domestic disturbance some months ago. He resigned shortly before he was to testify before the ethics committee.

SCR 1008 would declare, “…an emergency within the borders of the State of Arizona and, in order to protect the health, welfare and safety of Arizona’s citizens, notifies all federal agencies with implied de facto authority that due to lack of congressional oversight and the violations of trust with their disregard for strict compliance with the acts of Congress, the State of Arizona will be exercising its right of sovereignty over soil within its boundaries.” The measure is an intent to declare State sovereignty due to the ineptness shown by federal government agencies. They cite the Bear Wallow Fire as an example of the problem. Residents of Williams still recall the frightening events surrounding the Twin Fires of a few years ago when portions of the City had to be evacuated.

In addition, SB 1081 would allow county board of supervisors to take actions to clear the forest of fuel wood and thin trees upon consultation with the State Forester. The job of the State Forester is further empowered by changes that would be enacted if SB 1075 passes.
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Arizona State Guard bill introduced in the Senate

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The Arizona Senate has introduced S.B. 1083 to form the Arizona State Guard after the authorization passed last year. Senate President Pro Tempore Sylvia Allen, and republicans Steve Smith, Gail Griffin, Lori Klein, Al Melvin, Rick Murphy introduced the bill. Republican representative David Gowan and Terri Proud added their names to the legislation.

Title 26-174 subsection A of the Arizona Revise Statute—originally amended to authorize a guard—would be replaced with Subsections A and B to read:

A. An armed force, known as the Arizona state guard, is established for the purpose of securing the safety and protection of the lives and property of the citizens of this state. The intent of the Arizona state guard is to provide a mission-ready volunteer military force for use by this state in homeland security and community service activities as a supplement to the national guard of Arizona and state and local law enforcement agencies. The Arizona state guard exists as part of the militia under article XVI, section 2, Constitution of Arizona, and a defense force under 32 United States Code section 109.

B. The mission of the state guard is:

1. To support this state in securing the border with Mexico and supplement the efforts of law enforcement and state agencies.
2. Augment the national guard.
3. Support county and municipal leaders in combating international criminal activity.
4. Respond to natural and manmade disasters.
5. Search and rescue efforts.
6. Support community activities.
7. Other missions directed by the governor.

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