The NEW Papers Please law in AZ

Tomorrow (Wednesday, March 20th, 2013), at 2:00 pm local time, The House
Appropriations Committee for the Republican controlled Arizona State
Legislature will take up SB 1432. Word of this bill was shown late last
night in the local paper The Arizona Republic where it was revealed in
detail to require people to provide their birth certificate for purposes of
entering the restroom.

http://www.azcentral.com/insiders/brahm1700/2013/03/18/show-me-your-papers-before-you-pee/

THe text of the bill is found here:
http://www.azleg.gov//FormatDocument.asp?inDoc=%2Flegtext%2F51leg%2F1r%2Fsummary%2Fh.sb1432_03-18-13_approp.doc.htm&Session_ID=110

And reads as follows: (full text here: http://www.azleg.gov/legtext/51leg/1R/proposed/H.1432-SE-KAVANAGH.pdf)

OVERVIEW
SB 1432 requires the Arizona State Board of Massage Therapy (Board) to
appoint an Executive Director (Director), outlines the Director’s powers and
duties and establishes the Board’s fund.

Summary of the Proposed Strike-Everything Amendment to SB 1432
The proposed strike-everything amendment to SB 1432 is an emergency measure
that adds a person who intentionally enters a specified area designated for
the opposite sex to the disorderly conduct statutory classification, with
exemptions.

HISTORY
Arizona Revised Statutes Title 13, Chapter 29 establishes offenses against
public order. Specifically, statute outlines offenses classified as
disorderly conduct, which include a person committing any of the following:
Ø Engaging in fighting, or violent disruptive behavior,
Ø Making unreasonable noise,
Ø Using abusive or offensive language to provoke an immediate
physical retaliation by another,
Ø Preventing the transaction of business of a lawful meeting or
gathering,
Ø Refusing to obey a lawful order to disperse issued to maintain
public safety, or
Ø Recklessly handling, or discharging a deadly weapon.

PROVISIONS
· States a person commits disorderly conduct if they intentionally
enter a public restroom, bathroom, shower, bath, dressing room or locker
room, and a sign indicates that the room is exclusively for the use of one
sex, and that person is not legally classified as a member of that sex on
their birth certificate.

· Classifies the disorderly conduct violation as a Class 1
misdemeanor (6 months/$2,500).

· Provides an exemption from the violation for persons that:
Ø Enter as part of their job responsibilities,
Ø Enter to give aid or assistance to another,
Ø Is a child in need of assistance, or
Ø Are physically disabled.

· Contains an emergency clause.

· Makes a conforming change.

AZ SB1432 effectively makes it illegal for trans people to use the restroom
in AZand makes it permissible to challenge anyone who does not match the
expectations for appearance of others, is up before the AZ House Committee
on Appropriations Wednesday at 2.

There are 11 members on this committee, 7 Republicans, 4 Democrats. The
Arizona State Legislature, as a whole, is controlled by Republicans, and as
noted in the AZ Republic article, the same people who are behind both the
bills outlawing marriage equality in Arizona are involved here, and consider
the recent changes in Flagstaff and Phoenix, to go along with existing
ordinances in Tempe and Tucson, to be a direct slap in the face.

We may not be able to stop it, but we have to try. Please call and/or write
these committee members today:

Chairman: John Kavanagh (R) jkavanagh@azleg.gov 602-926-5170
Vice-Chair: Justin Olson (R) jolson@azleg.gov 602-926-5288
Lela Alston (D) lalston@azleg.gov 602-926-5829
Rick Gray (R) rgray@azleg.gov 602-926-5993
Michelle Ugenti (R) mugenti@azleg.gov 602-926-4480
Paul Boyer (R) pboyer@azleg.gov 602-926-4173
Adam Kwasman (R) akwasman@azleg.gov 602-926-5839
Chad Campbell (D) chcampbell@azleg.gov 602-926-3026
Stefanie Mach (D) smach@azleg.gov 602-417-3126
Thomas Forese (R) tforese@azleg.gov 602-926-5168
Andrew Sherwood (D) asherwood@azleg.gov 602-926-3028

As a note regarding this, Arizona Law does allow for Birth certificates to be changed. However, over the last four years, the Governor Jan Brewer Appointed head of the department that oversees Vital Records has made a point of ignoring the state laws related to this fact, making it much more difficult to change the birth certificates of trans people living in the state.

That section of the law reads as follows:

Relevant Arizona Revised Statute
A.R.S. 36-337. Amending birth certificates
A. The state registrar shall amend the birth certificate for a person born in this state when the state registrar receives any of the following:
1. Except as provided in subsection D of this section, an adoption certificate or a court order for adoption required pursuant to section 36-336.
2. A voluntary acknowledgment of paternity pursuant to section 25-812.
3. For a person who has undergone a sex change operation or has a chromosomal count that establishes the sex of the person as different than in the registered birth certificate, both of the following:
(a) A written request for an amended birth certificate from the person or, if the person is a child, from the child’s parent or legal guardian.
(b) A written statement by a physician that verifies the sex change operation or chromosomal count.
4. A court order ordering an amendment to a birth certificate.

 

Now, note that items 3 AND 4 apply to trans folk, and without any legal guidance whatsoever, they have decided to ignore court orders specifically in the case of trans people.

The Bill’s original sponsor is Nancy Barto: http://votesmart.org/candidate/biography/58371/nancy-barto#.UUh-XRyxcTY

Barto is a “tea party” Republican and a pet legislator of the Center for Arizona Policy (CAP) headed by Cathi Herrod.  Notoriously anti-LBT, they have been the movers and shakers behind many bills, including the former SB1070 Paper’s please bill and even the efforts against Marrigae Equality.

Barto was heavily backed by the CAP, and proudly is allied with them: http://nancybarto.com/wordpress/?p=124

Kavanaugh decided to make the changes himself.

We need to move two of the Republican people on the Committee, as the Dems have indicated they will vote no.