Arizona State Senator John Kavanaugh (R-Fountain Hills) released his weekly update video Monday, sharing that several of the bills he sponsored have been signed by Governor Katie Hobbs (D). Among these is a bill ensuring Arizonans can fly the Betsy Ross flag.
“I have been in a perpetual battle with rogue, draconian Homeowners Associations [HOA] throughout my 17 years in the Legislature. I’ve had to pass laws to protect constituents from unreasonable actions by them,” Kavanaugh said. “This session’s unreasonable HOA action was one HOA banned people from flying the Betsy Ross flag. Now that’s the first flag of the United States.”
Signed Bills
This first bill from Kavanaugh is Senate Bill (SB) 1049, which plainly states that neither an HOA nor Condominium Unit Owner’s Association (COA) can prohibit residents from flying “any historic version” of the American flag, “regardless of how the stars and stripes are arranged on the flag.” Under Arizona law, other flags that cannot be prohibited are flags of a U.S. uniformed service, veteran POW/MIA, an Arizona Indian Nation, a first responder, and a blue or gold star service flag.
Arizona’s next new law is SB 1036, regarding which prisoners can receive a second chance. Under current laws, individuals who have been convicted of a crime can apply to have their judgment of guilt set aside, which may help reformed criminals in job searching. However, under Kavanaugh’s new law, if an individual has previously received a certificate of a second chance for a felony, that person may not receive another certificate if convicted of the same felony again.
Lastly, Hobbs signed SB 1270, which requires governmental entities, such as school boards or city councils, to provide additional transparency information when holding a public meeting. For example, the meeting agenda must state when doors open to the public, and if the entity anticipates an above-average turnout and has a larger venue available, it must use the bigger space.
Kavanaugh said he was inspired to make this bill after being kept from entering a Scottsdale school board meeting in 2020 because he was told their limited space had already been filled.
Vetoed Bills
While Kavanaugh celebrated getting some laws in the books, where there is give, there is take. He shared that several of his bills received Hobbs’s veto stamp, including SB 1009. This bill would have increased the punishments for defacing a public monument. Those who vandalize a statute face a class 2 misdemeanor, but that would have increased to at least a class 6 felony had Kavanaugh’s law passed. Instead, Hobbs wrote that the punishments already in place for vandalism cases like this are sufficient.
Next up, SB 1021 would have required the Arizona Attorney General to defend all laws passed in Arizona if their constitutionality is challenged. Kavanaugh said this bill would have ensured the Attorney General does the job they are elected to do the job they were elected to do. However, Hobbs wrote that if the Legislature is worried about their bills not receiving legal representation, then lawmakers should not try to pass laws that could be challenged.
Furthermore, Kavanaugh aimed to clean up the homeless situation in Arizona by creating a statewide ban on setting up a tent or other “enclosure for habitation” on the state’s sidewalks, roads, and other rights-of-way through SB 1024. Nonetheless, Hobbs said the bill did not provide a “comprehensive” solution to the homelessness crisis.
Ultimately, Kavanaugh said his efforts are not finished for this session, as he still has a few bills left, waiting for a final decision from Hobbs.
In this edition of Kavanagh's Korner, @JohnKavanagh_AZ provides a legislative update on his bills signed and vetoed by the Governor for the week of April 24- April 28, 2023. pic.twitter.com/BBIjYoOCtB
— AZSenateRepublicans (@AZSenateGOP) May 1, 2023
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Neil Jones is a reporter for The Arizona Sun Times and The Star News Network. Follow Neil on Twitter. Email tips to [email protected].
Photo “John Kavanaugh” by AZSenateRepublicans.
