New Laws

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Governor Doug Ducey signed more than 300 bills into law after the 2017 legislative session. Attorney John Fruitkin of Radix Law will talk about some of those new laws

TED SIMONS: GOVERNOR DUCEY SIGNED MORE THAN 300 BILLS INTO LAW THIS LEGISLATIVE SESSION COVERING EVERYTHING FROM TAXES, GUN SALES, EDUCATION FUNDING AND TEXTING WHILE DRIVING. HERE TO SORT OUT NEW LAWS IS ATTORNEY JONATHAN FRUTKIN OF RADIX LAW. GOOD TO SEE YOU. THANK YOU FOR JOINING US. OVER 300 BILLS SIGNED INTO LAW. THAT IS PRETTY MUCH SIMILAR --

JONATHAN FRUTKIN: IT IS PAR FOR THE COURSE. WE USUALLY HAVE THINGS THAT ARE IMPORTANT, THE BONDING FOR THE UNIVERSITIES WAS VERY IMPORTANT AND SCHOOL VOUCHERS WERE IMPORTANT. WE HAVE A SERIES OF LAWS THAT WILL AFFECT PEOPLE AND A FEW THAT ARE FUN.

TED SIMONS: LET'S TALK ABOUT SOME OF THEM. THE PRIVATE GUN SALES. THIS A NEW LAW. WHAT DO PEOPLE NEED TO KNOW?

JONATHAN FRUTKIN: WE ARE IN THE WEST SO MOST LAWS ARE BASED ON THE FACT WE WANT TO GIVE PEOPLE LESS GOVERNMENT INTERFERENCE AND THIS ONE OF THEM. COUNTIES AND CITIES ARE NOT PERMITTED TO DO CHECKS WHEN A PRIVATE GUN SALE OCCURS. IF YOU GO INTO A DEALER, THEY HAVE A PRIVATE PROCESS IN PLACE AND MANY FELT THOUGHT WAS IMPEDING ON PEOPLE'S RIGHTS. NO BACKGROUND CHECKS.

TED SIMONS: NO CLOSING OF THE GUN SHOW LOOP HOLES?

JONATHAN FRUTKIN: NO. IN ARIZONA, NO CLOSING OF THE GUNSHOW LOOPHOLES. IF YOU ARE THE PRIVATE SELLER AND BUYER OF A GUN NO BACKGROUND CHECK.

TED SIMONS: GIFTING OF PERSONAL PROPERTY WAS A REASON BEHIND THIS BILL.

JONATHAN FRUTKIN: THE REASON IS OFTEN TIMES IN FAMILIES PEOPLE LIKE TO PASS ON GUNS FROM ONE GENERATION TO ANOTHER AND THERE WAS DISCOMFORT THE GOVERNMENT WOULD BE INVOLVED WITH THAT.

TED SIMONS: TEXTING AND DRIVING. WHAT HAS CHANGED THERE?

JONATHAN FRUTKIN: IN CALIFORNIA, WE HAVE AN EXTREME LAW WHERE YOU CANNOT HAVE YOUR PHONE IN OUR HAND AND IN ARIZONA WE PREFER FREEDOM BUT ARE UNCOMFORTABLE WITH YOUNG PEOPLE HAVING THEIR PHONE. SO THE LAW IS FOR THE FIRST SIX MONTHS OF HAVING YOUR DRIVERS LICENSE YOU CANNOT TOUCH THE PHONE.

TED SIMONS: NOT ONLY JUST FOR MINORS. IF YOU HAVE A LEARNERS PERMIT, FIRST SIX MONTHS, NO MESSING AROUND.

JONATHAN FRUTKIN: I THINK MOST PEOPLE WILL FIND THAT REASONABLE. IT WILL NOT AFFECT MANY BUT FOR THE YOUNGER PEOPLE IT IS SOMETHING THEY NEED TO KEEP IN MIND AND PEOPLE WHO ARE NEWER TO DRIVING NEED TO REMEMBER TO KEEP THEIR HANDS OFF THE PHONE.

TED SIMONS: AND PARENTS SHOULD KNOW THE PENALTY IS UP TO $100 AND TWO MONTH EXTENSION OF THE KEEP HANDS OFF THE PHONE LAW.

JONATHAN FRUTKIN: AND I THINK A LOT OF PARENTS WOULD SIGN UP FOR THAT TWO MONTH EXTENSION.

TED SIMONS: SUN SCREEN AT SCHOOL. I WAS UNAWARE THIS WAS EVEN AN ISSUE.

JONATHAN FRUTKIN: A COUPLE DECADES AGO IT WAS VERY POPLAR FOR SCHOOL ADMINISTRATORS TO HAVE RULES AGAINST THINGS LIKE HAVING ASPIRIN AND OTHER DRUGS LIKE THAT AT SCHOOL. LIKE MANY THINGS THEY HAVE GOTTEN OUT OF HAND AND SOME ADMINISTRATORS IN SCHOOLS SAID TO KIDS YOU CANNOT PUT ON THAT SUN SCREEN UNLESS YOU HAVE A NOTE FROM YOUR PARENTS OR DOCTORS PRESCRIPTION. THE ARIZONA LEGISLATURE FIXED THAT AND KIDS CAN FREELY APPLY THEIR SUN SCREEN AT THEIR SCHOOL WITHOUT ANY NOTE FROM THEIR PARENTS.

TED SIMONS: I THINK THE CONCERN WAS ANYTHING FDA REGULATED SHOULD BE MONITORED BY SCHOOLS.

JONATHAN FRUTKIN: RIGHT. THE IDEA WAS OBVIOUSLY SCHOOLS DIDN'T WANT TO BE IN THE BUSINESS OF MAKING SURE KIDS WERE USING STUFF LIKE ASPIRIN AND OTHER THINGS THAT WERE GOING TO AFFECT THEIR HEALTH. OBVIOUSLY THE STATE LEGISLATURE FELT SUN SCREEN WAS A BETTER IDEA TO HAVE LIBERALLY APPLIED.

TED SIMONS: INCOME TAX EXEMPTION. WHAT DO WE NEED TO KNOW ABOUT THIS?

JONATHAN FRUTKIN: WE NEED TO KNOW WE FULFILLED A CAMPAIGN PROMISE WITH THE TAX EXEMPTION. IT WILL ALLOW FOR PEOPLE WHO DON'T ITEMIZE TO TAKE AN EXTRA $100. THE NET RESULT OVER THE NEXT TWO YEARS IS PEOPLE WILL SEE ABOUT A $2 TAX CUT.

TED SIMONS: $2! HOLY SMOKES!

JONATHAN FRUTKIN: IT DOES APPLY TO A BROAD GROUP OF PEOPLE AND OBVIOUSLY THE POLITICIANS LIKE TO SAY WE DID IN FACT CUT TAXES.

TED SIMONS: END OF LIFE DECISIONS. SOMETHING CHANGED HERE AS WELL.

JONATHAN FRUTKIN: YOU KNOW, THERE HAS BEEN A LARGE TREND AS WE HAVE GOTTEN MORE CIVIL LIBERTIES, THERE HAS BEEN A LARGE TREND TO TAKE PEOPLE IN THIS CASE, HEALTH CARE PROFESSIONALS, AND SAY YOU HAVE TO FOLLOW WHATEVER THE PATIENT WANTS. THERE ARE NUMBER OF HEALTH CARE PROFESSIONALS WHO ARE UNCOMFORTABLE WITH END OF LIFE DECISIONS. THE NEW LAW SAYS IF YOU ARE A DOCTOR OR NURSE YOU CAN OPT OUT OF PARTICIPATING IN SOMETHING THAT WILL END SOMEONE'S LIFE.

TED SIMONS: AND FACILITIES AS WELL. NOT JUST NURSES AND DOCTORS.

JONATHAN FRUTKIN: THE IDEA IS THERE ARE RELIGIOUS-BASED FACILITIES THAT DON'T WANT TO BE INVOLVED IN, FOR LACK OF A BETTER WORD, PULLING THE PLUG.

TED SIMONS: I WOULD THINK THAT'S THE MAJOR CONCERN, FOR RELIGIOUS-BASED INSTITUTIONS. MEDICAL BILLS AND CONCERNS REGARDING THIRD POCKET.

JONATHAN FRUTKIN: THERE IS NOTHING MORE FRUSTRATING FOR PEOPLE OUT OF NETWORK, MAYBE THEY GO TO THE EMERGENCY ROOM AND GET A BILL FOR A COUPLE THOUSANDS AND THEY ARE STUCK. WHAT ARIZONA SAID IF YOU HAVE A BILL THAT IS MORE THAN $1,000 FOR AN OUT OF NETWORK AND NOT COVERED BY YOUR INSURANCE DIRECTLY, IF YOU HAVE PROBLEMS YOU CAN TURN TO THE DEPARTMENT OF INSURANCE TO BE YOUR ADVOCATE TO GET THAT RESOLVED.

TED SIMONS: THEY WOULD ACT AS AN ARBITRATOR?

JONATHAN FRUTKIN: I THINK THE IDEA IS THEY WILL DO A BETTER JOB FIXING THE PROBLEMS. THE MEDICAL PROVIDERS HAVE A RATE THEY GIVE TO IN-NETWORK INSURANCE PROVIDERS AND AN INDIVIDUAL HEALTH CARE CONSUMER DOESN'T KNOW WHAT THAT IS.

TED SIMONS: IS THIS A DEAL THAT SOUNDS GREAT BUT WHEN WE GET A CHANGE TO OBAMACARE AND WHATEVER THEY CALL THE NEXT THING THAT FALLS DOWN THE PIPE DOES THIS IMPACT THAT AND DOES THAT IMPACT THIS? OR DOES THIS IMPACT THAT?

JONATHAN FRUTKIN: I DON'T KNOW THE ANSWER BECAUSE WE DON'T KNOW WHAT IS GOING TO HAPPEN WITH INSURANCE. I THINK THE CONSUMER FELT POWERLESS AND FRANKLY ONE OF THE CONCERNS FROM THE FACILITIES AND PROVIDERS IS IT IS REALLY HARD TO COLLECT. AND THE IDEA OF HAVING A THIRD PARTY, FOR LACK OF A BETTER WORD INVOLVED, WAS APPEALING TO THE CONSUMERS AND FACILITIES. WE WILL SEE IF THIS WORKS. I JUST DON'T KNOW

TED SIMONS: AND ONE LAST ONE. KIDS AND PETS IN HOT CARS. YOU SEE IT AND YOU WANT TO DO SOMETHING ABOUT IT.

JONATHAN FRUTKIN: NOW WE HAVE FIGURED OUT THERE ARE TIMES WHEN PEOPLE NEED TO ACT. ONE OF THE CONCERNS WAS YOU COULD GET SUED FOR BREAKING SOMEONE'S CAR WINDOW. NOW WE HAVE A SET OF RULES THAT SAYS IF YOU FOLLOW THESE RULES YOU ARE IMMUNE FROM LIABILITY FOR BREAKING A WINDOW TO TRY AT A SAVE A PET OR CHILD.

TED SIMONS: THE IDEA IS IT HAS TO BE A GOOD FAITH BELIEF THAT THE KID OR PET IS IN IMMINENT DANGER.

JONATHAN FRUTKIN: THAT IS RIGHT. YOU HAVE TO HAVE GOOD FAITH BELIEF AND CALL 911 OR EMERGENCY RESPONDER BEFORE BREAKING THE WINDOW AND YOU NEED TO STAY WITH THE CAR. THE IDEA BEING OBVIOUSLY IF THE DOG OR CAT OR YOUNG CHILD IS IN DANGER THAT YOU WILL STAY THERE AFTER BREAKING THE WINDOW.

TED SIMONS: THIS IS ONE OF THESE LAWS AGAIN YOU WONDER HAVE WE HAD A RASH OF INCIDENTS WHERE PEOPLE JUST STOOD THERE AND BEEN AFRAID TO RESCUE A PET OR ESPECIALLY A CHILD?

JONATHAN FRUTKIN: WELL WE HAVE MORE THAN 300 BILLS. ONE THING THAT IS TRUE OF EVERY STATE LEGISLATIVE SESSION IS ONE CONSTITUENT OF ONE REPRESENTATIVE HAS AN INCIDENT AND THEY WANT TO RESPOND. IT IS INTERESTING BECAUSE EVERY OTHER LAW, YOU KNOW, IS BASICALLY PROVIDING FREEDOMS AND THIS IS PROVIDING A LAUNDRY LIST OF THINGS YOU MUST DO IN SAVING A CHILD OR DOG.

TED SIMONS: SO MUCH FOR SMALL GOVERNMENT. AND THE BOTTOM LINE ON ALL THESE THINGS AND PEOPLE IT IS AMAZING HOW FEW PEOPLE REMEMBER THESE. THEY WERE BIG DEALS DURING THE SESSION BUT ONCE THE SESSION IS OVER AND YOU ARE ON VACATION YOU FORGET THESE ARE LAWS.

JONATHAN FRUTKIN: THESE ARE LAWS AND THE INTERESTING THING IS THIS YEAR ESPECIALLY BECAUSE OF THE NATIONAL POLITICS AND PRESIDENT TRUMP VERY LITTLE FOCUS WAS SPENT ON THIS SESSION AND THE BIG EDUCATION INITIATIVES TOOK UP A LOT OF THE AIR AND THESE 300 BILLS ARE INTERESTING AND LAW OF ARIZONA AT LEAST ON AUGUST 9TH.

TED SIMONS: AND WE GOT THROUGH A FEW OF THEM TONIGHT. GOOD TO HAVE YOU HERE.

JONATHAN FRUTKIN: THANK YOU SO MUCH.

Jonathan Frutkin, Radix Law

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