by Howard Fisher
capitol media services
PHOENIX–Governor Katie Hobbs on Tuesday vetoed a bill, saying some people who support illegal immigration could be criminalized.
Senator Justin Wadsak’s proposal, one of 15 bills approved by the Republican-controlled Congress (many of them with partisan votes), was concluded Tuesday by the governor. Others range from harsher penalties for certain fentanyl-related crimes to bans on the purchase of certain “critical infrastructure” by citizens of certain countries.
Hobbs also rejected a bid to let social media platforms know who can’t be banned from posting.
Wadsak’s original proposal passed by the Senate would have made the use of telephones or computer programs or applications to assist in human smuggling a second-degree felony. This would result in a sentence of five years in prison.
But by the time Tucson Republicans took the bill to the House of Representatives, she agreed to add some language to sharpen its focus. This Class 2 felony applies only if the person using the electronic device uses it for the purpose of concealing that person from security personnel or aiding the escape of that person.
Pinal County Sheriff’s Department Chief Deputy Matthew Thomas told lawmakers at a hearing about the move, saying “criminals know how to use encryption apps,” and SB 1408 is working with law enforcement. He said he would provide prosecutors with additional tools. We can catch these criminals and lock them in jail. “
But Marilyn Rodriguez of the American Civil Liberties Union criticized the reduced version as having too much content. She said she would also target people who crossed the border illegally but turned themselves in to border guards seeking asylum.
Citing the language of SB 1408, Rodriguez said, “This could reinforce the suggestion that humanitarian and legal service providers are supporting ‘human smuggling.'” “This language is broad enough to raise serious concerns about the service,” it said. Providers who regularly interact with immigrants and use mobile phones and computer applications in their daily work. “
Rep. Annalize Ortiz (D-Phoenix) said she is working with nuns from the Catholic Church in Texas to provide showers, food and clothing for border crossers.
“I wonder if it’s your intention to confine yourself to a Catholic nun,” she asked Wadsak.
“In my opinion, if someone is buying or selling someone or hiding someone, they are trafficking and they are hiding,” Wadsak said. It shouldn’t matter if you’re a criminal, an ex-con, or someone who works at Walmart.” “
Mr. Hobbes disagreed.
“This bill is another attempt by the majority to criminalize organizations and individuals whose purpose is to assist immigrants and refugees,” she wrote in a veto message, adding, I implore the majority party to work with stakeholders to provide a solution to this problem.” “
The governor also passed HB 2802 by Rep. Matt Gress (R.Phoenix), imposing an estimated 10-year prison term on anyone who sells, attempts to sell, or attempts to sell even one tablet containing more than 2 milligrams of fentanyl. He also rejected the offer. . Mr Greth said the penalty was appropriate.
He told colleagues, “If someone takes the drug you’re selling, they’re going to die. Then you will die,” he said.
Ortiz questioned this rigid rule, saying criminals not only don’t know the dose, but may be selling the drug to friends just to support their own habits.
Rep. Melody Hernandez (D-Phoenix) said the bill would only bring more Arizonans to prison. She said the state’s incarceration rate is higher than many other states, as well as El Salvador, Lawanda and Cuba.
Ms. Hobbes had her own problems with this law.
“This bill criminalizes substance abuse disorders,” she wrote, vetoing HB 2802. “Treatment and risk reduction must be prioritized, not confined to those suffering from the effects of the opioid epidemic,” she said.
The governor also rejected a proposal by Senator Wendy Rogers (R-Flagstaff) to regulate the way domestic and foreign social media platforms operate in Arizona.
Her SB 1106 would enact state law that once a candidate for office cannot be disqualified from posting, whether true or not. Privileges are lost only if you violate the Federal Communications Decency Act.
In his testimony to the bill, Mr. Rogers said special treatment for candidates was worth it.
“This bill is intended to strengthen the First Amendment to the U.S. Constitution, especially regarding political speech,” she said.
Hobbes said he saw no merit in the move.
“This bill does nothing to solve the real problems social media platforms pose,” the governor wrote.
Hobbes also rejected another Rogers proposal to bar government agencies and even private companies from entering into “critical infrastructure” agreements with companies owned by citizens of China, North Korea, Iran and Russia. State law refers to any system or property that is of critical importance to the state or county and whose failure to function “has a debilitating effect on the public order, economic security, public health or safety.”
That’s why Casa Grande Democrat Rep. Keith Seaman asked if there was actually a problem in Arizona that the bill would solve.
Rogers said he had no concrete examples other than China’s involvement in computer production. But she said there are “unexplained disasters” whose causes have yet to be determined, such as a freight train derailment in March in northwest Arizona.
Mr. Hobbes opposed the establishment of “the premise that all citizens of a particular country are enemies of the state,” citing realities such as disqualifying many Arizonas who may have dual citizenship. said he had concerns.
“Additionally, the bill’s broad language jeopardizes business access to the Arizona market, which as the top U.S. state for foreign direct investment has been a major tailwind for our economy,” the governor said, deterring investment. He even raised the question of whether From Taiwan, which China claims to be its own.
Hobbes also vetoed the following actions:
– Require sex offender websites run by the Ministry of Public Security to list more people convicted of certain crimes. The governor said current law already requires the names of the “most dangerous people” to be posted.
– Eliminates the requirement that attorneys be members of the Arizona Bar Association. This requirement leaves all discipline exclusively to the Arizona Supreme Court. The governor said the bar association was best equipped to do its job and the judges opposed the move.
– Establish new procedures for parents to file complaints if they believe a school is violating their rights and collecting them statewide. Hobbes called this an “unnecessary obligation to the school district.”
– Require direct testing of hand and machine counts of ballots, given continued claims by unsuccessful candidates that machine counts are inherently dubious and susceptible to fraud and hacking. “The 2022 election is over,” Hobbes wrote, telling lawmakers it was time to “move on” and start addressing the real issues.
– Write a warning on your early ballot envelope that if it is not returned to your county office by the Friday before the election, your results may be delayed due to the lengthy signature verification process. “We are concerned that this bill may have the effect of discouraging voter participation,” the governor said.
-30-
Twitter: @azcapmedia