Arizona Legislature Week In Review – Week Ending April 2, 2021

Arizona capitol

This is the last week that the legislature held committee hearings. In the next few days, the legislature will be engaged in mopping up and hammering out a budget.

Even though there will be a lot of posturing and wrangling in connection with the budget, we should keep in mind that most of this budget is not discretionary. Before the current session began, we were already committed to funding programs that tie up most of the budget. On top of that, there were no less than 20 bills dealing with appropriations this session. Understanding this is simple. We have a finite amount of funding available. To the extent that special interest groups pass bills that appropriate funds for their pet projects, there is less money available for something else. It’s only simple arithmetic. But the posturing and wrangling provide a lot of entertainment.

This week’s activity centered around three areas of interest.

THE PANDEMIC –

SB1377 – civil liability; public health pandemic LEACH

Among the many provisions of this bill, a major one is that it upgrades the standard of proof for liability from preponderance of evidence to clear and convincing evidence. In other words, it is more difficult to prove negligence if this bill is enacted. It has cleared both chambers, and sent to the governor. It is a step in the right direction, but it still has one major flaw. A careful reading of this bill reveals that it applies only during a time when a state of emergency is in effect. Once the state of emergency is lifted, then SB1377 no longer applies.

Even the most casual of observers will notice that we have succeeded in creating a culture of fear among a certain segment of our society. This is evident by the fact that so many people are driving alone in a vehicle wearing a mask, or walking alone on a nature trail with no one around them, still wearing a mask. Both the current state of fear and the usual promise of easy money make it likely that the risk of frivolous lawsuits will continue long after states of emergency are lifted.

ELECTIONS –

SB1793 – voter registration databases; death records GOWAN

This bill would require that people who are no longer eligible to vote, be removed from the voter rolls, including dead people. This bill is ready for a 3rd reading vote in the House, but it is not clear why, because a similar bill, HB2054 has just been signed by the governor. It still noteworthy that Democrats have been opposing these election integrity bills tooth and nail. They characterize them as efforts to suppress the vote. To this observer, it is not clear why suppressing the vote of dead people is a bad thing.

FIREARMS –

https://apps.azleg.gov/BillStatus/BillOverview/74500“>HB2111 – 2nd amendment; unenforceable federal laws  BIASIUCCI

This is essentially a sanctuary bill dealing with firearms. A fair question to ask is why it is OK to support this bill when other sanctuary bills are considered bad. The huge difference is that other sanctuary bills, most notably those dealing with illegal immigration, oppose lawful statutes. By contrast, the statutes that HB2111 aims to oppose are in clear violation of the the 2nd Amendment. If HB2111 is enacted, it will very likely face litigation almost immediately. Resolution of this issue may require action by the U. S. Supreme Court. As of the time of this writing, SB2111 is in front of the governor, awaiting his action.

NOTICE #1: Free videos are available dealing with a selected number of bills we are tracking. Each video deals with a single bill, averages about 5 minutes in length, and contains a very detailed discussion of both the positive and the negative features of each bill. You may access this feature by going to https://www.youtube.com/channel/UC-9WHy-ADLD5RXycOOmU3_w“>https://www.youtube.com/channel/UC-9WHy-ADLD5RXycOOmU3_w

Once there, you may search by entering, in the search box, the bill number or key word(s). If a bill you are interested in is not there, you may leave a message requesting that it be added.

NOTICE #2: Those readers who wish to view complete reports on what activity has taken place, may do so by going to: https://www.facebook.com/AZRRT“>https://www.facebook.com/AZRRT or https://mewe.com/i/joseborrajero

The report that comes up has all the bills we are tracking, sorted alphanumerically. Searching for a specific bill or subject is very easy, by entering the bill number or key word in the search box.

Both sites provide opportunities for readers to make comments, including suggestions for bills to add to our tracking list.

Those not participating in social media may view the report by clicking on 2021-REPORT