The 2018 legislative session is upon us, and like children lining up for Spongebob Squarepants on Ice tickets, our knees tremble with anticipation to see what zany antics and logic-defying feats of special interest derring-do our elected officials will get up to this year.
SB1016 – Making the Stasi Proud
Thus far it looks like the dumpster fire that has long been the Arizona Republican legislative agenda will not slacken in the slightest. State Senator John Kavanagh (R-Fountain Hills) has introduced SB1016, which requires people to report to police or rescue personnel “a life-threatening emergency,” if they can do so without endangering themselves or others. Failure to report would be a class 1 criminal misdemeanor, punishable by a fine of up to $2,500 and up to 6 months in jail.
The problems with this bill are legion. Never mind that it further over-criminalizes life in the “land of the free,” where one lawyer and researcher has estimated the average resident now commits three felonies every day. The bill also makes no effort to define what a “life-threatening emergency” is.
Presumably Mr. Kavanagh and his Republican colleagues consider planning an abortion a life-threatening emergency. If so, everyone from the clinic nurse to the receptionist to the supportive partner will find themselves indicted for a criminal offense if they do not immediately call 911 when they hear a woman utter the word “abortion” to a health care provider. And what about when I was 16, and my best friend Adam jumped off his roof into his pool? Clearly a life-threatening emergency if he’d slipped, or even misjudged the wind a tad. In Senator Kavanagh’s Arizona of small government and maximal individual rights, I should have narced on Adam the moment he clambered up the wall. Likewise the Senator would have you call the police on your squabbling cousins who had too many beers at the family BBQ (shove George too hard and he could fall and hit his head and die), and his bill would mandate you immediately dial 911 when you see another person driving too fast (speeding being a leading cause of deadly traffic accidents).
The AZ Legislature doesn’t want to abolish government; it simply wants to enlarge to the size of a bathtub it can bludgeon us to death with.
SB1016 is not Senator Kavanagh’s first foray into the field of blatantly unconstitutional laws criminalizing innocent behaviour. In 2016 he introduced SB1054, a bill that would have made it illegal for people to shoot video within twenty feet of any law enforcement activity without an officer’s permission. A first offense would have carried a $300 fine, and subsequent violations could have sent people to jail for up to six months. Thankfully the bill went nowhere, but Senator Kavanagh’s past and current legislative efforts expose the intellectual bankruptcy at the core of our state’s legislative majority; they are small government and pro-freedom only as long as people do exactly what they think they should do. The moment their beliefs conflict with the beliefs of others – we shouldn’t be government-mandated narcs, cities should limit the use of polluting plastic bags, schools should teach local history and culture – our legislative majority seeks to expand the power of the government to arrest, convict, fine and imprison whomever they disagree with. This is big government at its biggest, and the coercive power of the state in it purest form. Senator Kavanagh and his ilk seem hell-bent on proving Reagan right; government is not the solution to our problem, government is the problem. At least their government, anyway.
– Joel Feinman