Some state lawmakers committed to striking down the federal takeover of health care – the Patient Protection and Affordable Care Act (“PPACA”) – have moved forward with establishing PPACA insurance exchanges at the same time the United States Supreme Court will be deciding the law’s fate.

Why? The answer we have heard over and over again is that they are establishing PPACA exchanges in their states in order to preserve state control and flexibility over the exchange. However, this answer is refuted by a review of the law.

The President’s health care law says it all: “An Exchange may not establish rules that conflict with or prevent the application of regulations promulgated by the Secretary under this subtitle.” The very language of PPACA makes clear that any so-called state control or flexibility the states think they have is at the mercy of the federal government.

It’s sort of like a retractable leash. You can walk your dog on such a leash and give them some slack to run around, but ultimately, you can pull your dog in at any moment.

Likewise, with PPACA exchanges, as long as the president and his officials are holding the exchange leash, Arizona and other states establishing state exchanges will leave their sovereignty and the liberty of their citizens at the mercy of the federal government.

It makes no sense for a state that is part of the multi-state lawsuit challenging PPACA that is currently before the Supreme Court to both oppose the statute and enforce it at the same time. But beyond being contradictory, PPACA exchanges are detrimental to the fight against the law enabling them. Over the last several weeks court briefs supporting PPACA specifically cite the fact that states are moving forward with exchanges as evidence that exchanges can survive with or without the law’s mandate that all Americans buy insurance.

With oral arguments scheduled in the Supreme Court in late March and a decision expected in June, it is not too late for states like Arizona to reverse course, as Wisconsin did last month, by sending back the federal exchange grant money they have received and stop exchange implementation activities.

Diane Cohen is a senior attorney for the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation.

Learn more:

Goldwater Institute: States must protect the health care freedom of their citizens by saying no to federal health insurance exchanges

Goldwater Institute: States damaging their own case with insurance exchange moves

Editor’s note: Sonoran Alliance and several other Arizona political news blogs  (ACOM – Arizona Coalition of Online Media) strongly support this bill and will be at the hearing Thursday morning. Help stop the print newspapers’ monopoly over public notices.

by Lynne LaMaster, eNewsAZ

Right now, newspapers have a monopoly on the publication of Public Notices. You know, those ads you see in super-tiny print next to the want ads in the local paper?

Representative David Stevens, however, has a different idea. Let’s allow Public Notices to be published online or in printed newspapers. If his bill passes, competition for Public Notices will go up, prices should go down. Taxpayers will benefit as their governmental agencies won’t have to pay nearly as much in fees (estimated to be over $1.8 million in Arizona alone).

It will also make public notices more available world wide, allow for better, more readable formatting, better access for those with disabilities, and more information to be shared, such as links to maps, bid specifications, agendas and more.

Newspapers aren’t supporting this because they believe they are the watchdog over Public Notices. They also question the ability for online entities to offer verification, and serve those who don’t get the Internet.

See http://www.eastvalleytribune.com/opinion/article_605be59a-4e92-11e1-a963-0019bb2963f4.html

There is a hearing Thursday morning at 9am in front of the committee, and they are going to vote on it. There is also a stakeholder’s meeting Wednesday at 4pm.

Here are the committee members:

• David Stevens (R) – bill sponsor
• Sally Ann Gonzales (D)
• Justin Pierce (R)
• Carl Seel (R)
• Bruce Wheeler (D)
• Terri Proud (R)
• Jeff Dial (R)

Please email or call them and let them know you support this bill. http://www.azleg.gov/MemberRoster.asp

Bill info – http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=HB2403&Session_ID=107

Read Lynne’s full analysis of why you should support HB 2403.

The information is repeated below in text format to make it easier to copy into your calendar:

Location:
Rock Bottom Brewery at Desert Ridge Marketplace
21001 N Tatum Blvd, Phoenix, AZ 85050
(Near intersection of N Tatum and Hwy 101)
Date: Wednesday,Feb.8, 2012. (2nd Wed of Month)
Time: Dinner (order from menu) available at 6 pm.
Meeting from 7-8:30 pm

Contact Information:
Howard Levine,
NE Valley Chapter Chairman
Howard_Levine@rocketmail.com , www.pachydermcoalition.com
480-577-4168

FOR IMMEDIATE RELEASE: February 7, 2012
CONTACT: Sen. Russell Pearce

Ban Amnesty Now president says America’s highest court will not turn back on states’ rights

PHOENIX—Senator Russell Pearce, the author of SB1070 and newly-appointed president of America’s largest grassroots anti-illegal immigration organization, said today the U.S. Supreme Court’s decision to hear arguments on Arizona’s contested SB1070 legislation was great news for every legal U.S. citizen.

“When the activist judges in lower federal courts bowed to Barack Obama’s whims and put illegal aliens ahead of American citizens, undermined the Rule of Law, they followed in the president’s footsteps in perpetrating a great injustice against our nation, our citizens Constitutional rights and the state of Arizona,” said Pearce.

“We are a nation of fifty sovereign U.S. states, not a nation of 50 subservient states to be dictated to by a Big Brother leviathan. When the Supreme Court rules, I expect that Washington will learn an important lesson in its proper role, not just on immigration but in its role in governance,” Pearce said.

“We send far too much money to Washington for this to be the treatment we get in return. Sovereign U.S. states and legal U.S. citizens were never meant by our Founding Fathers to become penniless orphans in some Twilight Zone version of a Charles Dickens story, begging for scraps from an all-powerful, dictatorial federal government which waves full ladles of nourishment above our heads but never pours anything into our bowls,” said Pearce.

“When the Court rules, I expect power to return to the states, and Ban Amnesty Now by then will be working diligently to pass SB1070-style legislation in all 50 states, like Alabama, South Carolina and Georgia already have” he said. “The president can sue every state if he pleases, or he can get out of the way while we do the job Washington won’t in protecting our great nation from illegal aliens.

“I fully expect we, the legal citizens of Arizona and America, will win in the Supreme Court on SB1070, just as we did with Arizona’s Employers Sanction Law, the toughest in the nation, which goes after illegal employers and protects American jobs and was upheld five-to-three in the Supreme Court,” said Pearce.

While 6 of the 10 provisions of SB1070 were upheld, four main provisions of the contested SB1070 were blocked from implementation by lower courts, including:

(1) requiring law enforcement officers to make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there is reasonable suspicion that person is an illegal alien;

(2) creating a crime of failure to apply for or carry “alien-registration papers”;

(3) permitting the arrest of an illegal alien in which there is probable cause to believe the individual committed a public offense that makes him or her removable from the U.S.; and,

(4) making it a crime for illegal aliens to solicit, apply for or perform work.

“America is greater than any one man, than any one president,” said Pearce. “I believe the court will rule on the side of law, our Constitution, and states’ rights, and that we will prove our nation can indeed work again. This will be an important ruling, an important milestone, in a long road ahead to restoring the rule of law, America’s economy, political and national security.”

# # #

Dear Arizona Taxpayer,

Today in the Senate Government Reform Committee, the majority members voted in favor of four important bills that would reform powerful government-worker unions:

SB 1484 — Paycheck Protection for Government Employees — Prohibits government employers from taking money from employee’s paychecks for union activities without express annual authorization.

SB 1485 — Prohibition on Government Collective Bargaining — Prohibits government employers from engaging in collective bargaining (including “meet and confer”) with government unions.

SB 1486 — Prohibition on Government Union Release Time — Prohibits government employers from paying employees to do union activities on the taxpayer dime.

SB 1487 — Prohibition on Withholding of Dues for Government Unions — Prohibits government employers from withholding any portion of public employee wages to pay for labor organization dues.

To send quick thank-you emails to the members of the Committee, click here. For Goldwater Institute fact sheets on the above bills, click on the bold bill titles, above.

TAKE ACTION! 

Senate Bills 1484, 1485, 1486 and 1487 will be heading soon to floor votes in the full Senate. Please help us rein in Arizona’s powerful government unions by sending an email to your state Senator in support of these bills.

To take action, simply REPLY to this email and click SEND. It will automatically send an email to your State Senator! You can also customize your message and take action by clicking here. 

To learn more about AFP-Arizona’s 2012 Legislative Agenda, click here.

Please forward this alert to your friends and family members!

For Liberty,

Tom Jenney
Arizona Director
Americans for Prosperity

FOR IMMEDIATE PRESS RELEASE

A Panel Discussion: OBAMACARE

Phoenix, AZ – On Wednesday, February 8, 2012, Arizona Mainstream Project (AMP) will bring to the public a panel discussion on Obamacare.  Speaking on this panel will be Goldwater Institute’s Senior Attorney Diane Cohen and Director – Center for Economic Prosperity Byron Schlomach, Dr. Jeff Singer, and former AZ Congressman John Shadegg.  550 KFYI Talk Host Terry Gilberg will be the moderator for the discussion.

Each panel member will share their personal expertise and direct involvement with uncovering the facts about The Affordable Care Act and how it has begun and will continue to negatively impact the lives of ALL Americans.  You will gain a better understanding of this law and how it applies to your access to health care, the current legal battles, and how you can help stop this anti-American and socialistic agenda.

Diane Cohen:

The Affordable Care Act mandated states to establish insurance exchanges by 2014 or have exchanges set up by HHS. These exchanges are nothing more than invitation-only clubs where only government sanctioned insurers can play. They must meet all the federally mandated medical coverages/benefits specified by the Secretary of Health and Human Services. In an effort to preserve some sovereignty, states, even some who opposed the federal healthcare law, including Arizona, are rushing to get federal money to set up these exchanges. Diane Cohen, Senior Attorney, of the Goldwater Institute will refute this notion.  Ms. Cohen has testified before Congress on the Independent Payment Advisory Board (IPAB). She will explain what effect this fifteen-member board of political appointees will have in our future.

Dr. Byron Schlomach:

Byron will discuss how government is at the root of our problems in health care, making it the problem, not the solution. He will show you how our income tax system plays a major role in determining what our health care system looks like and how it operates.

Dr. Jeff Singer:

Dr. Singer will discuss the ways in which “Obamacare” will affect the patient doctor relationship, the relationship of the doctor with the state, the relationship of the patient with the state, the loss of personal autonomy, and the ultimate decrease in quality and rationing of heath care that will inevitably result from “Obamacare.”

John Shadegg:

President Obama promised that the cost of health care would go down and it hasn’t. A recent HHS press release acknowledged that premiums have gone up by as much as 12.8% in the last year after the rates were reviewed by state bureaucrats under the provisions of Obamacare. Obama has also promised that if you liked your health care plan, you could keep it. Yet, we now know that Obamacare mandates will not allow anyone to keep the plan they had. As the nation’s economy struggles, Obamacare increases taxes by 800 billion dollars and crushes jobs. Learn how free market solutions will reform health care in ways that promotes quality and reduces costs for all Americans.

Date: Wednesday, February 8, 2012
Location:  Goldwater Institute Auditorium
Address: 500 E. Coronado Road, Phoenix,  AZ

Time: 6:00 pm – 8:30 pm (doors open at 5:30)

Light snacks and beverages will be served

Cost:  $10.00 per person

To reserve your seat we encourage you to RSVP and purchase tickets in advance

Go to: http://www.arizonamainstreamproject.org/#q=Seminars-18

or send payment to:

Arizona Mainstream Project
15029 N. Thompson Peak Parkway
Suite B-111 Box 589
Scottsdale, AZ 85260

This panel discussion will be STREAMED LIVE from AMP’s website.

A “Live Stream” button will be available on our homepage www.ArizonaMainstreamProject.org on the day of the event.  Follow the instructions to access the live video stream.

Contact: Honey Marques, Executive Director, at 808-283-3661 or honey@arizonamainstreamproject.org

Arizona Mainstream Project is a 501 (c) 3 non-profit charitable grassroots organization whose mission is to attract, educate, and mobilize the people of Arizona around America’s founding principles and leadership. AMP believes in the principles of a constitutionally limited government, free markets, fiscal responsibility, and individual liberty to promote the common good and prosperity for the people of Arizona.

Sometimes important regulatory and tort reforms come in small packages. One example is SB1286, sponsored by Senator John McComish. It proposes a simple reform to insurance law, which currently requires a completely innocent car rental company and a completely negligent car renter to be equally responsible for paying for injuries caused by the renter.

It’s plain to see why this law is on the books: car rental companies have the ability to pay much bigger insurance claims than most people. In contrast to this “deep pockets” approach, SB1286 puts primary responsibility for negligent driving on the shoulders of the driver and his insurance company, rather than the company that rents him the car. The bill changes the law to say that the renter’s insurance is primarily responsible to compensate for injuries the renter negligently causes. Only once the negligent renter’s insurance is exhausted, will an injured person be able to seek money from the innocent car rental company. That makes a lot more sense. Having deep pockets isn’t a legitimate reason to make car rental companies pay for injuries caused by people who rent cars.

By putting the primary duty to compensate for an injury on the person responsible for the injury, SB1286 is a reasonable tort reforms that still protects people who are legitimately injured. It also illustrates how meaningful regulatory reform can often be achieved by correcting bad policy found in the nooks and crannies of Arizona law. By reducing the cost of doing business in Arizona, rental car companies will be able to pass along the savings to consumers, employees and shareholders.

SB1286 proves that important reforms don’t always require a grand vision. Significant opportunities to advance freedom and personal responsibility can often be found on the margins.

Nick Dranias holds the Clarence J. and Katherine P. Duncan Chair for Constitutional Government and is director of the Joseph and Dorothy Donnelly Moller Center for Constitutional Government at the Goldwater Institute.

Learn more:

Arizona State Legislature: Senate Bill 1286

First, coverage of Arizona Democrats making their best but feeble effort to repeal Arizona’s SB 1070:

Click here to view the embedded video.

Second, coverage of Arizona Republicans standing firm and united for Arizona’s southern border security and SB 1070.

Click here to view the embedded video.

Why shouldn’t Public Notices be online? 

The Arizona Newspaper industry is in a panic.

Why? Because the Arizona State Legislature is considering a bill that would allow public notices to be published online.

Public notices, also known as legal notices, are the columns of government-required announcements one sees in printed newspapers usually placed near the classified section, set in very small type. It contains information about legal issues such as trustee sales, articles of incorporation, foreclosures, delinquent tax lists and domestic relations, just to name a few.

Right now, an old Arizona State law requires that public notices be published in a printed newspaper. But, HB 2403, which is being considered by the House Committee on Technology and Infrastructure would allow public notices to be published either in a newspaper or online.

According to the House website, HB 2403 states, “…that if there is a statutory requirement for a publication of a notice in a newspaper, the person responsible for the publication may publish in the newspaper or may provide notice at a designated site on a worldwide public network of interconnected computers, for at least the specified number of times as prescribed by law.”

Newspapers do not support this proposed law because they would lose a great deal of income if it passes. FundingtheNews.com states on their homepage, “At a time when the financial model for news is facing the greatest crisis in decades, the level of government funding for news organizations has been declining sharply…”

Again from FundingtheNews.com, “Historically, these fine-print notices have been a lucrative business for newspaper publishers, and have touched off heated bidding wars for government contracts… While other forms of advertising have plummeted, public notices have been a bright spot for publishers.”

The question is, why should the government fund news organizations, anyway?

Arguments in Favor of Online Public Notices

The purpose of public notices is for public notification. What’s more public than the Internet? If placed properly online, the information can be searchable and indexed by search engines.

Public notices can be enhanced much more easily online. No more squint-to-read text. Online, it would be easy to add color if necessary, and photos when appropriate. If links to other information would be helpful, they can be added and made clickable. They can be formatted, headlines can be added easily and the content can become comprehensible with a decent layout. Public notices can even be placed in audio files for the disabled, if appropriate.

Public notices can be placed online at a much lower cost than in a newspaper. No ink, paper or distribution costs to pay for. Less waste to the environment.

Our local paper charges the City of Prescott $11 per column inch. Assuming that inch takes about 30 seconds to type in, it adds up to $1320 per hour.

Additionally, the public won’t have to purchase a newspaper to see the notification.

Government agencies and municipalities will save money if they can place their public notices online. Saved money just might end up being saved jobs.

The newspapers shouldn’t be given a free ride. Let them compete. Competition is good, it makes everyone better. Allowing online publication of public notices will simply level the playing field.

It’s time to level out the playing field. The Internet is the future. And that future is now. Nobody’s saying that one shouldn’t be able to publish in a newspaper, just that alternative options should be available.

So, now you understand why the newspapers are writing editorials and placing ads that read, “The fox shouldn’t guard the henhouse. Keep public notices in your local community newspaper,” or, “Don’t let government remove public notices from Arizona Newspapers… public notices need to be public.” After all, newspaper organizations have a monopoly to protect.

In conclusion, online public notices just make sense for almost everyone – except the newspapers. As one city official stated, “Online is easier, cheaper, greener and better. What’s not to like?”

Editor’s note: A hearing will be held on this matter tomorrow at 9 AM at the Capitol before the Committee on Technology and Infrastructure. Representative David W. Stevens is the Chair of the Committee. View the agenda.

Lynne LaMaster is the Editor for Prescott eNews.

FOR IMMEDIATE RELEASE: January 25, 2012
CONTACT: Genevieve Fry Rozansky

Legislation Allows Harsher Punishments for Ultralight Smugglers and Those who Conspire with Them

Washington, D.C. – Republican Congressman Jeff Flake, who represents Arizona’s Sixth District, today praised the House passage of H.R. 3801, the Ultralight Aircraft Smuggling Prevention Act of 2012, which was introduced by Congresswoman Gabrielle Giffords.

The legislation targets the use of ultralight aircraft in smuggling operations specifically along the southern U.S. border by assigning harsher criminal penalties to those who are smuggling and those who conspire to engage in smuggling operations using ultralight aircraft.

“Ultralights have become a vehicle for smuggling drugs across our southern border, but local authorities haven’t had the tools to discourage and punish their operators and those working with their operators,” said Flake.

“In speaking with ranch owners near the border in Arizona and state officials, this has become a serious problem. I’m grateful to Congresswoman Giffords for introducing this legislation, which will allow law enforcement to hopefully significantly curtail smuggling via ultralights and strengthen the integrity of our southern border.”

H.R. 3801 adds “ultralights” to the definition of aircraft under aviation smuggling provisions of Tariff Act of 1930 and would add “conspiracy to commit” smuggling to the charges one can be charged with (in addition to actually committing smuggling crimes) when using ultralight aircraft. Finally, it would encourage interagency cooperation between DoD and DHS on technology to detect ultralights.

H.R. 3801 includes provisions approved by the House in H.R. 5307, introduced by Congresswoman Giffords in the 11th Congress (H.R. 5307) and details included in H.R. 1507, the Border Security Enhancement Plan which Congressman Flake introduced this Congress and Senators McCain and Kyl introduced in the Senate). H.R. 3801 is identical to S. 1974, which was introduced by Senators Udall and Heller and approved last December.

“This bill is a fitting tribute on Congresswoman Giffords’ last day in the House. She’s worked to pass it for years. While today may be her last day in the House, her public service will certainly continue. She’s passionate about improving Arizona and the country, and she’s going to continue to be an effective advocate for the issues that are important to her.”

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Now imagine being able to broadcast a public notice at a fraction of the cost that paper publications charge - public notices provided at a competitive rate. Maybe even a paper publication you have profound ideological differences with.

This post is about supporting passage of  HB 2403. This bill would allow online publications like Sonoran Alliance to post public notices as a fraction of the cost that other traditional news publications charge. You can also rest assured that your notice will be seen, read, searched and even archived.

Please support passage of HB 2403 by contacting your legislator today.

Text for this bill can be read here.

Distributed by C O M M O N  S E N S E , in Arizona

Need a show of support for SB 1070        Sen. Gallardo will be holding a press conference to announce his bill to repeal SB 1070

RALLY AT STATE CAPITOL MONDAY AT NOON (ARRIVE AT 11:30AM)   ALERT!!! – SUPPORTERS OF SB1070 NEED TO SHOW THEIR SUPPORT THIS MONDAY AT OUR CAPITOL!!!                                                                                                                                           Sen. Sylvia Allen and Arizona Border Security Arizona State Senator Sylvia Allen, Chairman of the Senate Committee on Border Security State Sovereignty will be responding to a public Press Conference being held this Monday, at the Arizona State Capitol approximately 12noon. Sen. Allen will be responding to Sen. Gallardo (Friend of Randy Parazz)who is a publicly proclaimed advocate for Open Borders and severely opposesthe development of the Arizona State Guard to secure Arizona’s Border, and provide protection to the citizens of Arizona who continue to fight off the assault of illegal’s and drugs coming into Arizona. Sen. Allen is requesting citizen support from fellow Arizonans who are willing to stand for a secure border. Arizonans willing to stand with Sen. Allen, Sen. Stevens, Sen. Griffin, Sen. Antenori, and Sen. Melvin.   Please show your public support for these elected officials who are willing to stand and fight the good fight to preserve the welfare of Arizona.   Come to the Arizona State Capitol this Monday by 11:30am. Come and bring your voices and your determination to preserve our Great Grand Canyon State

FOR IMMEDIATE RELEASE: January 19, 2012
CONTACT: Evan Kozlow

Tempe – Travis Grantham, candidate for Congress in Arizona’s new 9th Congressional District released the following statement today following President Obama’s decision to reject the Keystone XL Pipeline:

“It is inexcusable that President Obama has chosen partisan politics over the people of the United States by rejecting the Keystone XL pipeline project. President Obama and his entire administration have shown that special interests far outweigh the needs of the American people in regards to job creation, national security, and reducing our dependency on foreign oil.

The Keystone XL pipeline would have created approximately 20,000 new jobs for American workers throughout the country and into the Gulf of Mexico while bolstering our national security and our economy. I’ve witnessed firsthand the sacrifice that our troops are making on a daily basis defending our foreign sources of oil due to our lack of domestic production. With the rejection of the Keystone XL pipeline, President Obama has further solidified our dependence on foreign sources of oil and has dealt a major blow to the United States of America’s domestic energy production.

The United States is facing an unprecedented economic crisis in addition to an energy crisis that can no longer be ignored or pushed off to the next generation. President Obama has put his special interests well ahead of America’s on this day. The American people deserve far better leadership out of Washington than what is being exhibited now by both our Congress and our President.”

Travis Grantham is a candidate for Arizona’s Ninth Congressional District. He serves as the Chief Operations Officer at International Air Response based at the Phoenix Mesa Gateway Airport. He is also a Captain and Pilot in the Arizona Air National Guard’s 161st Air Refueling Wing based out of Sky Harbor International Airport. Travis and his wife Patricia have two daughters.

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ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND EARLY INTERVENTION HEALTH INITIATIVE, proposes an alcohol tax of 25 cents on a gallon of spirituous liquor, and one dollar each on a gallon of beer and wine, the equivalent of less than ten cents per drink. Proceeds will fund prevention and early intervention services for any entity that affiliates with a community based prevention coalition. The initiative establishes an eighteen member commission which sets policy. Only the thirteen members, including three tribal representatives are voting members. The non voting members are directors or deputy directors of the Arizona’s governmental departments.

Should this pass it would require the taxpayers of Arizona to create another new tax on a “sin” and get the State of Arizona involved and investing in keeping yet another source of revenue.

One would think that the solution to alcohol and substance abuse prevention would be parents, family, friends, neighbors and the faith-based community and perhaps an ounce of discipline.