by admin | May 4, 2023 | Misc, News and Updates
Next week, the COVID-19 national public health emergency is set to terminate, three years or 1,166 days after it was initially declared. Here in Arizona, the state of emergency was ended by Governor Ducey on March 30, 2022, just over two years or 749 days after it was initially declared. For those counting, that’s quite a bit longer than the promised 15 days to “slow the spread.”
COVID-19 brought with it unprecedented uses and abuses of emergency powers in every state, Arizona included. Businesses were arbitrarily shut down. Workers were told their jobs were nonessential. People were prevented from going to church, couldn’t visit their dying parents and grandparents in hospitals, and kids were put in masks and barred from their schools. Many questioned how these mandates were even constitutional. Lawsuits were filed, but executive emergency authorities were largely upheld – including in Arizona.
That’s why our lawmakers are currently considering a critical constitutional amendment sponsored by Representative Chaplik, HCR2039, to reign in these powers, provide proper legislative oversight, and ensure checks and balances to protect the rights of individuals.
Where These “Emergency” Powers Come From
Many have appropriately wondered where the legislature derives the authority to enact such statutes that delegate this awesome authority to the Governor and how they are even constitutional. After all, there isn’t an explicit provision in the Arizona constitution saying they can. But this is a key aspect of our system of governance. Unlike the U.S. Constitution, which consists of explicit enumerated powers for Congress, states have inherent powers, like the police powers, and state constitutions act to limit, not explicitly enumerate each one of them.
Whether we like it or not, we have a long history of courts interpreting these inherent police powers of states broadly. This includes the U.S. Supreme Court upholding state laws that require individuals to quarantine (Compagnie Francaise De Navigation A Vapeur v. La. State Bd. of Health – 186 U.S. 380, 22 S. Ct. 811 (1902)), mandatory vaccinations for smallpox (Jacobson v. Massachusetts, 197 U.S. 11 (1905)), and even the destruction of private property to secure the safety of the general public (Miller v. Schoene, 276 U.S. 272 (1928)).
In other words, it was within the inherent authority of the legislature to enact these emergency power statutes to begin with.
However, just because they can, doesn’t mean they should. We can and ought to continue the public policy conversation about reforming and restricting current emergency powers statutes. Considering the difficulty in pulling back a power already delegated to the executive (requiring Governors to relinquish their power), another solution must be crafted, and that solution is HCR2039.
Arizona’s Emergency Powers Statutes
Our emergency powers statutes were enacted in the early 1970s, more than fifty years ago. They sat quietly on the “books” with little discussion, though many (there are currently 41 active declarations) “emergencies” have been declared under them, some even lasting for decades, including a drought emergency that has been in place since 1999. But by definition emergencies are temporary, not permanent. COVID-19, and the resultant unprecedented use of the powers granted by those statutes, spurred a necessary and overdue public policy discussion about the extent of these powers and the propensity for them to be abused.
Emergency Powers Are Not, Nor Should They Be, Unlimited
Individuals can and ought to continue to sue when the state has infringed on their rights during an emergency. Although Arizona’s emergency statutes hand over broad police powers, the Governor “can only take actions consistent with other statutes and the constitution.” That remains true with HCR2039.
The Governor cannot operate outside of statute or other constitutional protections of individual liberties. If he or she does, people can and should sue, and the courts will consider the specifics of the case to determine if the violation of an individual’s liberty was outweighed by a legitimate and compelling state interest. That judicial check will remain the same under HCR2039.
Emergency Powers Are Necessary
It is true that our emergency powers statutes currently hand over broad authority to the Governor, including “all police powers” of the state. Statutory reforms are necessary to more narrowly tailor these delegated powers. But the fact is emergencies do exist, such as wildfires and floods, which require quick, executive action – something a deliberative body, such as the legislature, is not designed to handle.
Just look at Gila Bend, which in 2021 was completely overcome with monsoon rains resulting in the death of two and the injury of 30. Governor Ducey quickly declared a state of emergency to expend $200,000 and deploy necessary resources to help the community recover. The quick action was critical, but these emergency declarations must be limited, they must be temporary, and there must be adequate legislative oversight to protect the liberties of individuals.
HCR2039 Is the Solution to Protect the Rights of Arizonans
While reforms are necessary, it’s crucial to have a mechanism in place now that ensures proper checks and balances of the delegated authority no matter what current or future statutes on emergency powers look like. The most appropriate place to resolve these fundamental questions of how our government functions and how to employ checks and balances is within the framework of the constitution. Right now, it is entirely devoid of a process for the legislature to check executive authority.
That’s why it’s critical that the legislature send HCR2039 to the voters. If passed, it answers this question in the Arizona Constitution to restrict the power of the Governor during a declared emergency. After the declaration, the Governor would be required to call the legislature into a special session by the tenth day and it would automatically terminate after 30 days unless extended by a concurrent resolution of the legislature.
HCR2039 does not expand, confer, or endorse the existing breadth of emergency powers in the constitution. The legislature could (and should) now, and after passage of HCR2039, place more statutory restrictions on the powers it delegates in times of emergencies. They could even repeal them altogether.
Critically, HCR2039 enshrines meaningful legislative oversight in the constitution to ensure proper checks and balances to protect individual liberties. That’s why it is supported as an essential measure by pro-liberty groups like the Arizona Free Enterprise Club, Goldwater Institute, Republican Liberty Caucus of Arizona, EZAZ, and Arizona Freedom Caucus legislators. It’s also why the Democrat caucus is unanimously opposed, as are groups like the Arizona Public Health Association who wish to maintain the status quo, and not restrict the rule-by-one powers of the Governor.
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by admin | Apr 28, 2023 | News and Updates, Tax
A special election is taking place right now in Tucson, and even if you’re not from the city, you should pay attention. At first glance, Prop 412 appears to be nothing more than a new agreement between the City of Tucson and Tucson Electric Power (TEP) to renew the Franchise Agreement for another 25 years using the current 2.25% fee. But just like anything government bureaucrats put out there nowadays, you need to keep reading.
Along with the renewed agreement, Prop 412 would add a 0.75% “Community Resilience Fee” to fund the costs associated with building underground transmission facilities—and projects that support the City’s implementation of its Climate Action Plan. Ahhh, there it is. The agenda behind Prop 412 finally comes out. This isn’t about renewing a franchise agreement. It’s about forcing hardworking taxpayers to start funding the estimated $326 million it’s going to need to address Mayor Regina Romero’s so-called “climate emergency.”
According to TEP, it plans to use this “Resiliency” Slush Fund to:
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- decarbonize city-owned and operated buildings and facilities.
- promote distributed energy resources such as rooftop solar to provide local renewable energy and enhance energy resilience.
- pursue additional local sources of renewable energy, including resource recovery and heat exchange.
- promote electric vehicles via charging infrastructure expansion.
- transition public agency fleets to zero-emission and net-zero-emission vehicles.
- establish accessible resilience hubs across all City Wards to provide information and resources related to climate preparedness and response.
- bolster City-owned and community-wide heat mitigation resources to reduce urban heat island effect and protect vulnerable individuals and communities.
- deploy and maintain equitable nature-based solutions that reduce or sequester emissions, improve ecosystem health, and bolster climate resilience.
- bolster community and regional networks to improve community-wide emergency response and resource-sharing.
That’s right. It’s just another long list of Green New Deal pet projects all at the expense of taxpayers who are already overburdened by Bidenflation and exorbitant gas prices.
But there has to be some kind of benefit, right? Nope.
If Prop 412 passes, Tucson residents can expect to be on road diets through lengthy construction projects that remove driving lanes from roads. This will cause small businesses—many of which are still recovering from ill-advised COVID shutdowns—to suffer as lane reductions create a permanent inconvenience for customers. On top of that, it will reduce personal vehicles by 40% by 2050, and ultimately lead to what Mayor Romero really wants: establishing Tucson as a 15-minute city with local travel restrictions that remove personal choice.
Even if you don’t live in Tucson, that last one should concern you. Liberals around the world are pushing the 15-minute city concept more and more. In Barcelona, the city is limiting personal car vehicles only to residents or delivery services. And speed limits are a maximum of 6 miles per hour. In Oxford in the UK, the government has adopted an $86 fee for driving past the 15-minute filter in a personal vehicle.
But perhaps the biggest question of all is why does TEP even need more taxpayer dollars to begin with? Its reported profits from the last three years are:
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- 2020 – $191 million
- 2021 – $201 million
- 2022 – $217 million
In addition to these profits and the 0.75% Community Resilience Fee, TEP has already requested that the Arizona Corporation Commission approve a 12% rate increase before the end of the year. That would bring the total average impact between Prop 412 and the proposed rate increases to be about $180 per year for customers. This is outrageous! TEP and the City of Tucson don’t care about residents. They are just looking for another money grab to push a Green New Deal agenda that restricts freedom with no real positive impact on the environment. Now, it’s up to the citizens of Tucson to push back and vote NO on Prop 412.
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Arizona needs to have a unified voice promoting economic freedom and prosperity, and the Free Enterprise Club is committed to making that happen. But we can’t do it alone. We need YOU!
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by admin | Apr 20, 2023 | Misc, News and Updates
Democrats like to believe they are the party of compassion and kindness, but the reality in most blue cities says otherwise. For years, homeless encampments have been springing up in liberal-run cities like Seattle, Portland, San Francisco, and Los Angeles. And in recent years, this trend made its way into Phoenix.
Just blocks from the state capitol, amidst what was once a thriving business district, a sprawling encampment of around 1,000 homeless has come to be known as “The Zone.” It’s a place where drug use, drug deals, defecation, urination, sexual acts, assaults, rape, and murder are frequently committed out in the open—often with little to no consequences. The problem has even gotten so bad that the Phoenix Fire Department won’t respond to calls inside The Zone without assistance from the Phoenix Police Department and assurance that the scene of the incident is secure.
But crime within The Zone is only one part of the problem.
Rotting garbage and human waste have created sanitation issues and turned the area into a biohazardous slum that’s affecting the rest of Arizona. Photographic evidence submitted in court showed that this unmanaged sewage and trash ends up in storm drains which discharges into our rivers, washes, and retention bases. That’s right. It’s polluting our water on a daily basis!
You would think that the Green New Deal activists in Phoenix’s leadership who are so concerned with providing clean water would be horrified. But they’d rather hike water rates and cut allowances on their residents all while using tax dollars to build a $12 million community center. And if you think our statewide leadership cares, Governor Katie Hobbs recently vetoed a bill to ban tents in public places while Secretary of State Adrian Fontes called the situation in The Zone “not great” and recommended his favorite lunch order from a local sandwich shop.
This is the party of compassion?
The only answer to Phoenix’s homeless problem from most Democrat leaders has been to demand more money from taxpayers while they conveniently turn a blind eye to the problem. That’s why several property and business owners located within The Zone took matters into their own hands by filing a lawsuit against the City of Phoenix. Not only have they faced safety issues while operating their businesses in the area, but many of them have dealt with stolen property, exposure to drugs in the air, damage to their buildings, plummeting property values, and more.
Finally, a couple weeks after AZ Free News published its first investigative piece on The Zone, city leaders in Phoenix said they plan to come together to take action on the problem. But just like most of the business owners in The Zone have become accustomed to, it’s been crickets since.
Thankfully, the Maricopa County Superior Court recently ruled that the City of Phoenix was at fault for The Zone, which is a good first step to solving the problem. But it can’t stop there. The local business owners deserve to receive damages. The homeless deserve the treatment they need. And Phoenix’s elected leaders deserve accountability for their flat-out failures. It’s time to vote them out, so that all who reside in this great city can experience true compassion.
Help Protect Freedom in Arizona by Joining Our Grassroots Network
Arizona needs to have a unified voice promoting economic freedom and prosperity, and the Free Enterprise Club is committed to making that happen. But we can’t do it alone. We need YOU!
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by admin | Apr 13, 2023 | Misc, News and Updates
If you enjoy losing your freedom for a goal that is impossible to achieve, the Maricopa Association of Governments (MAG) has you covered.
MAG recently released its proposed measures to bring Maricopa County into compliance with ozone standards set by the United States Environmental Protection Agency (EPA), and it’s a total disaster. Along with a whole host of regulations on various business activities, the proposed restrictions include banning the internal combustion engine and gas appliances. That’s right, just like in California, they are coming for your cars and your gas stoves. But that’s not all. This proposal would also put limits on things like lawn and garden equipment, motorized boating, and water heaters.
The running narrative for the reason behind all of this is that Maricopa County has become a moderate nonattainment area of ozone limits under the Clean Air Act. This essentially means that, according to the EPA, our ozone levels are too high, and therefore we must adopt certain ozone control measures to get us into compliance. But what they won’t tell you is that the main reason our ozone levels are too high is that the federal government moved the goal posts back in 2015 when the EPA dropped its acceptable ozone levels from 75ppb to 70ppb.
Failure to comply with this EPA mandate could lead to fines, penalties, or the withholding of federal transportation dollars for Arizona. So, MAG contracted with a California-based consulting firm to identify measures to bring us into compliance. And what did they determine in their final report? That we need to cut emissions by 50 percent to achieve the EPA’s standard by the August 3, 2024 deadline. That’s not only impossible, it’s absurd.
An Arizona Department of Environmental Quality (ADEQ) Division Director recently commended Maricopa County for its “fantastic job” in reducing ozone pollution by 12.5 percent since 2000. So, in over 23 years we reduced ozone pollution by 12.5 percent, and now they think we can reduce it by 50 percent in a little more than a year! Keep dreaming, Maricopa County.
We could implement every single one of these destructive measures, and we still won’t come close to achieving the ozone standard—especially by that deadline. After all, look at what happened in 2020 during the COVID-19 pandemic. Ozone levels increased from 79ppb to 87ppb even though business activity was halted, and we saw a dramatic decrease in cars on our roads. Does MAG really believe that putting more regulations on businesses and banning gas-powered cars to achieve the EPA’s outrageous air quality standards will somehow magically work this time?
The reality is that these higher ozone levels are being caused by natural events and international sources (primarily China). That means the issue is very much out of the control of our citizens. Now, as Maricopa County works with the ADEQ and Pinal County to complete review of this proposal and prepare an implementation plan to be given to the EPA by June, it should go back to the drawing board. Our state shouldn’t be forced to suffer billions of dollars in economic damage and destroy our quality of life to achieve an impossible standard. And the people of Arizona certainly shouldn’t have to sacrifice their freedom just so government bureaucrats can turn us into another California.
Help Protect Freedom in Arizona by Joining Our Grassroots Network
Arizona needs to have a unified voice promoting economic freedom and prosperity, and the Free Enterprise Club is committed to making that happen. But we can’t do it alone. We need YOU!
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by admin | Mar 30, 2023 | Misc, News and Updates
We’re just over two years into President Biden’s presidency, and it appears the push for the Green New Deal is in full swing. They’re coming for your money. They’re coming for your cars. And now, yes, they are indeed coming for your gas stoves.
Of course, these Green New Deal activists don’t want you to know that. That’s why the mere mention of a potential gas stove ban draws eye-rolling responses from the left—like this piece from The New York Times that wants to assure you that the Biden administration is not planning a ban on gas stoves. Or the White House putting out a statement that the president does not support such a ban.
But it’s all lies.
Under the guise of public health and safety concerns, the Department of Energy issued a new rule in January that could ban up to 96% of existing gas stoves. This would affect nearly 35% of homes in the U.S., or more than 40 million Americans, who use gas stoves. But it’s all about your safety, right? So, shouldn’t we bow down and thank our government for protecting us from this significant danger? Well, if they truly cared about your safety, they would actually take a closer look at electric stoves. After all, the National Fire Protection Association recently found that households using electric stoves have a greater risk of cooking fires than those using gas stoves. And despite the fact that 60 percent of homes use electric stoves, 80 percent of stoves involved in cooking fires were powered by electricity.
But you won’t hear about that from the left because it’s not about safety at all. It’s about control. That’s why it’s essential for Republicans in the Arizona legislature to take action to protect the people of our state from this Green New Deal agenda. And earlier this week, they took an important first step.
Representative Steve Montenegro, who serves as the chairman for the Arizona House Health and Human Services Committee, introduced a strike everything amendment to SB1278 to prohibit cities and counties in our state from banning the gas stove along with other appliances. The amended bill was approved by the committee on a party line vote, but it was the testimony of one lobbyist that was particularly interesting.
While expressing opposition to the proposed amendment, Marshall Pimentel from the Arizona League of Cities and Towns admitted that some cities in Arizona are actively looking to ban gas appliances right now. Could one of them be yours? After all, they already have a good example to follow from our neighbors to the west. Just like Arizona may look to mimic San Diego’s vehicle mileage tax, some of our cities and towns may now be trying to follow California’s plan to ban all natural gas appliances by 2035.
But this trend needs to be stopped. The government should not be using health and safety concerns as a smokescreen for implementing Green New Deal mandates. And no city, town, or state should ever tell an American citizen how they’re allowed to cook food for their families.
Help Protect Freedom in Arizona by Joining Our Grassroots Network
Arizona needs to have a unified voice promoting economic freedom and prosperity, and the Free Enterprise Club is committed to making that happen. But we can’t do it alone. We need YOU!
Join our FREE Grassroots Action List to stay up to date on the latest battles against big government and how YOU can help influence crucial bills at the Arizona State Legislature.
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