Governor Ducey Signs Legislation To Protect Second Amendment Rights

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

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

Four Arizona House bills to benefit veterans.

PHOENIX—There are four bills originating in the legislature of the Great State of Arizona from both sides of the aisle to benefit veterans in the State. Benefits would be in the area of employment, taxes, and lower hunting and fishing license fees.

Republican freshman Bob Thorpe of District 6 has introduced two bills. HB 2470(PDF) would create a Hiring Our Heroes award. He has also offered HB 2468(PDF) which would reduce hunting and fishing license fees for veterans.

HB 2470 would add 41-610 to Title 41, Article 7 (Department of Veterans’ Services) of the Arizona Revised Statute to read:

The department [of Veterans Affairs] shall develop and implement a hiring our heroes award to recognize Arizona businesses that provide job opportunities to veterans. The department shall hold an annual awards dinner to recognize Arizona businesses that have demonstrated a commitment to our returning soldiers. The department shall give the winning business a commendation, post the commendation on the department’s website and issue a press release praising the business.

HB 2468 would amend Title 17 of the Game and Fish laws to allow Game and Fish to offer reduced fees to veterans for fishing and hunting licenses. The Bill would amend 17-336 to allow the Game and Fish to reduced fees to honorably discharged veterans based on the number of years served. They would be able to reduce the fees by ten-percent for every four years of the veteran’s service in the military. This would also apply to members who served in the National Guard or a reserve component of the United States military. Those members would have to have been in Arizona for at least one-year prior to their application for the license.

Active duty military in the Great State of Arizona for thirty-days can purchase a residence license for hunting and fishing. The bill would allow them to apply for the same discount fees as the veterans above.

Justin Pierce, Republican from District , has introduced HB 2391 (PDF) which would amend to 43-1022 of the Arizona Revised Statue paragraph 38 which reads:

The full amount received as retired or retainer pay of the uniformed services of the United States by a taxpayer who is an honorably discharged veteran.

On the Democratic side of the aisle, Representative Mark Cardenas from District 19 proposes HB 2484(PDF) which has both Democrat and Republican cosponsors. The bill amends Title 38 and 43 of the A.R.S. concerning tax credits for hiring veterans.

HB 2484 would allow a tax credit for businesses who hire veterans (as defined in 41-601) for tax years from December 31, 2012 to December 31, 2015. The amount of the tax credit would be the lowest of the following:

(1) 10-percent of the salary earned and paid to the employee during the taxable year.
(2) Two-thousand dollars per employee.
(3) Four-thousand dollars for veterans who were honorably separated and has a service-connected disability or is receiving compensation or disability retirement benefits under the laws administered by the Department of Veterans Affairs or the armed services.

People who have a partnership in businesses that hire veterans could receive benefits based on their percentage of ownership.

Former Arizona legislator to be sentenced for fraud

PHOENIX — A former Arizona legislator will be sentenced Wednesday for his convictions on charges that he solicited and accepted a bribe while he was a Tempe city councilman.

Former Rep. Ben Arredondo was also convicted on charges that he misled donors about a scholarship fund to benefit his relatives.

He had pleaded guilty in October to honest services wire fraud, the technical charge for bribery that is often used in public corruption cases.

Read more at KTAR

State Soverignty initiative generates buzz

Open primaries may drive Legislature to special session

PHOENIX—The media is a-buzz with the initiative filed by Jack Biltis—with more than 320,000 signatures—which would allow Arizona citizens to, “to reject any federal action that they determine violates the United States Constitution.” This initiative comes on the heels of a referendum from the Legislature where we may see Arizona voters proclaim, “SOVEREIGN AND EXCLUSIVE AUTHORITY AND JURISDICTION OVER THE AIR, WATER, PUBLIC LANDS, MINERALS, WILDLIFE AND OTHER NATURAL RESOURCES WITHIN ITS BOUNDARIES”

According to the Arizona Daily Sun, the measure submitted by Jack Biltis is not just in response to the recent Supreme Court ruling on the takeover of the health care industry by the Obama administration, but the Bush PATRIOT act, as well.

“The only portion of government that has unlimited powers are the state governments and the people themselves,” Biltis is quoted as saying.

A referendum that was submitted to the Secretary of State by Republican members of the House and Senate is now Proposition 120. The bill is a response to Governor Jan Brewer vetoing several State sovereignty bills.
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July 28th is National Day of the Cowboy in Arizona

Who hasn’t wished they were or played cowboy as a kid? The cowboy has always been a fixture in the collective memory of Americans. Cowboys have actually existed in several countries, but the American cowboy through movies continues to be the image that sparks the imagination. Many small communities, such as Williams, has a cowboy show that attracts tourists from around the world. Now you will be able to release that fantasy one day this year.

Arizona Senate Resolution 1006 voted on unanimously supports National Day of the Cowboy on Saturday July 28th.

The resolution recognizes the pioneering and patriotic spirit of the cowboy. The Cowboy, the resolution states, embodies honesty, integrity, courage, compassion and determination.

Rodeos draw 30,000,000 fans from around the world. The first is said to have been held in Prescott, Arizona in 1888 when a group of cowboys got together to display their talents.

Legislation signed by the governor

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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Legislation sent to the governor increases schedule IV substances.

PHOENIX—H.B. 2356 which adds to the growing list of controlled substances was sent to the governor for signature.

The drugs added to the list are, Butylone, Fluoromethcathinone, Methoxymethcathinone, Methylenedioxymethcathinone, Methylenedioxypyrovalerone, Methylmethcathinone and Naphthylpyrovalerone.

Many of the drugs listed are in the class of so-called designer drugs and the long-term health hazards of the drugs are unknown. Some are psychoactive drugs, such as Butylone. It was researched as a possible entheogen, which is a drug used in religious ceremonies like peyote.

House to hear bill to decriminalize marijuana

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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Senate committee sends emergency bill to the legislature

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.