[ {"id":"47ab3da5-c736-5756-bca8-71a68b8b47fb","type":"article","starttime":"1493043300","starttime_iso8601":"2017-04-24T07:15:00-07:00","priority":40,"sections":[{"state-and-regional":"news/state-and-regional"}],"flags":{"top_story":"true"},"application":"editorial","title":"Body of jet skier recovered from Arizona lake","url":"http://tucson.com/news/state-and-regional/article_47ab3da5-c736-5756-bca8-71a68b8b47fb.html","permalink":"http://tucson.com/news/state-and-regional/body-of-jet-skier-recovered-from-arizona-lake/article_47ab3da5-c736-5756-bca8-71a68b8b47fb.html","canonical":"http://tucson.com/news/state-and-regional/body-of-jet-skier-recovered-from-arizona-lake/article_47ab3da5-c736-5756-bca8-71a68b8b47fb.html","relatedAssetCounts":{"article":0,"audio":0,"image":1,"link":0,"vmix":0,"youtube":0,"gallery":0},"byline":"The Associated Press","prologue":"PHOENIX \u2014 The body of a jet skier missing since an accident on Saguaro Lake over the weekend has been recovered by the Maricopa County Sheriff's Office. The body of Joshua Slade, 21, was recovered early Monday morning after being located late Sunday night at a depth of 42 feet, Sgt. Joaquin Enriquez says.","supportsComments":true,"commentCount":0,"keywords":["general news","plane crashes","aviation accidents and incidents","transportation accidents","accidents","accidents and disasters","transportation","police","law enforcement agencies","government and politics"],"internalKeywords":["#latest"],"customProperties":{},"presentation":"","images":[{"id":"b0bc0fee-2d64-5ebe-a04e-d05b00e87763","description":"Saguaro Lake's marina.","byline":"saguarolakemarina.com","hireswidth":null,"hiresheight":null,"hiresurl":null,"presentation":"","versions":{"full":{"type":"image/jpeg","width":"1000","height":"666","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/b/0b/b0bc0fee-2d64-5ebe-a04e-d05b00e87763/58fe091bd52a2.image.jpg?resize=1000%2C666"},"100": {"type":"image/jpeg","width":"100","height":"67","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/b/0b/b0bc0fee-2d64-5ebe-a04e-d05b00e87763/58fe091bd52a2.image.jpg?resize=100%2C67"},"300": {"type":"image/jpeg","width":"300","height":"200","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/b/0b/b0bc0fee-2d64-5ebe-a04e-d05b00e87763/58fe091bd52a2.image.jpg?resize=300%2C200"},"1024":{"type":"image/jpeg","width":"1024","height":"682","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/b/0b/b0bc0fee-2d64-5ebe-a04e-d05b00e87763/58fe091bd52a2.image.jpg"}}}],"revision":1,"commentID":"47ab3da5-c736-5756-bca8-71a68b8b47fb","body":"

PHOENIX \u2014 The body of a jet skier missing since an accident on Saguaro Lake over the weekend has been recovered by the Maricopa County Sheriff's Office.

The body of Joshua Slade, 21, was recovered early Monday morning after being located late Sunday night at a depth of 42 feet, Sgt. Joaquin Enriquez says.

Slade turned in front of a fishing boat before his jet ski and the boat collided Saturday night, according to the Sheriff's Office.

Slade then submerged after being thrown from the jet ski and was not seen again by witnesses.

A friend who was near the collision told authorities that Slade wasn't wearing a flotation device because they were getting a final ride in before placing the jet ski on its trailer.

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Athena Salman \u00a0delivered the chamber's daily invocation.","supportsComments":true,"commentCount":0,"keywords":["general news","government and politics","prayer","religion","social affairs","religion and politics","religious issues","social issues","state legislature","state governments","legislature"],"internalKeywords":["#latest"],"customProperties":{},"presentation":"","images":[{"id":"145ae490-69cf-5d14-b35f-8c85a13685ea","description":"Rep. Athena Salman, D-Tempe","byline":"","hireswidth":null,"hiresheight":null,"hiresurl":null,"presentation":"mugshot","versions":{"full":{"type":"image/gif","width":"135","height":"199","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/1/45/145ae490-69cf-5d14-b35f-8c85a13685ea/58fd0c740afab.image.gif"},"100": {"type":"image/gif","width":"100","height":"56","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/1/45/145ae490-69cf-5d14-b35f-8c85a13685ea/58fd152026ad6.preview.gif?crop=365%2C205%2C0%2C82&resize=100%2C56&order=crop%2Cresize"},"300": {"type":"image/gif","width":"300","height":"168","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/1/45/145ae490-69cf-5d14-b35f-8c85a13685ea/58fd152026ad6.preview.gif?crop=365%2C205%2C0%2C82&resize=300%2C168&order=crop%2Cresize"},"1024":{"type":"image/gif","width":"1024","height":"575","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/1/45/145ae490-69cf-5d14-b35f-8c85a13685ea/58fd152026ad6.preview.gif?crop=365%2C205%2C0%2C82"}}}],"revision":14,"commentID":"f9883204-608a-5026-ad5c-cb1757879133","body":"

PHOENIX \u2014 An ongoing fight in the Arizona House over what constitutes a real prayer has heated up once again.

The latest skirmish came last week after Democratic Rep. Athena Salman of Tempe delivered the chamber\u2019s daily invocation at the start of the session.

Salman said a humanist prayer and didn\u2019t ask members to pray to God or any other deity, a move that broke an informal House rule and led to a protest from Republicans on the House floor.

GOP Rep. Mark Finchem of Oro Valley was then allowed to offer a Christian prayer.

The dual messages, delivered Tuesday, were the latest in a series of prayer conflicts in the House.

Last year, then-Rep. Juan Mendez gave an invocation similar to Salman\u2019s, setting off a more vocal protest from GOP members. Republican leaders quickly called up a pastor who was in the chamber to give a Christian prayer. Mendez did the same in 2013, leading to similar results.

Mendez is now a senator and gave a nonreligious invocation last month that drew no complaints in the upper chamber.

Republican Sen. Warren Petersen, who was a House member during Mendez\u2019s previous invocations, objected loudly last year. This year, he sat in silence.

In an interview Friday, he said members were deferring to Republican Senate leaders in letting Mendez\u2019s invocation go.

\u201cI certainly haven\u2019t changed my position \u2014 we don\u2019t pledge during the prayer, we don\u2019t pray during the pledge,\u201d Petersen said. \u201cSometimes, you just let it go. I think the temperature\u2019s a lot hotter in the House.\u201d

The House order-of-business rules show the daily session starting with the Pledge of Allegiance, followed by a prayer. The Senate follows a similar routine, although the prayer and pledge aren\u2019t in the rulebook.

House Majority Leader John Allen issued an informal directive this year defining what constitutes a prayer. It should be \u201cshort, focused on a higher power, and serve no political platform.\u201d

The Republican said Salman\u2019s prayer didn\u2019t pass muster.

\u201cShe didn\u2019t pray. She told us she didn\u2019t pray,\u201d Allen said. \u201cPrayer has a definition. Even if she probably would have said, \u2018Would you pray with me,\u2019 or, \u2018I personally don\u2019t have a higher power, but if you do, would you turn this into your prayer,\u2019 or something like that,\u201d it would have been fine.

Salman, who like Mendez is an atheist, is protesting mightily. She said a rule specifying what constitutes a prayer is unconstitutional.

\u201cWe\u2019re talking about different faith perspectives, and it\u2019s not the government\u2019s job to define which faith perspectives are welcome in a prayer and how that should look,\u201d Salman said in an interview.

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Police say 23-year-old Aaron Saucedo is suspected of killing a 61-year-old man at an apartment complex on August 16, 2015.","supportsComments":true,"commentCount":0,"keywords":[],"internalKeywords":[],"customProperties":{"arm_id":"76081"},"presentation":"","images":[{"id":"8c135b72-c3b7-581b-a03b-8588ef79915b","description":"Aaron Saucedo","byline":"Maricopa County Sheriff's Office","hireswidth":null,"hiresheight":null,"hiresurl":null,"presentation":"","versions":{"full":{"type":"image/jpeg","width":"534","height":"712","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/8/c1/8c135b72-c3b7-581b-a03b-8588ef79915b/58fbf67c40129.image.jpg?resize=534%2C712"},"100": {"type":"image/jpeg","width":"100","height":"56","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/8/c1/8c135b72-c3b7-581b-a03b-8588ef79915b/58fbf67c40129.image.jpg?crop=534%2C300%2C0%2C284&resize=100%2C56&order=crop%2Cresize"},"300": {"type":"image/jpeg","width":"300","height":"169","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/8/c1/8c135b72-c3b7-581b-a03b-8588ef79915b/58fbf67c40129.image.jpg?crop=534%2C300%2C0%2C284&resize=300%2C169&order=crop%2Cresize"},"1024":{"type":"image/jpeg","width":"1024","height":"575","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/8/c1/8c135b72-c3b7-581b-a03b-8588ef79915b/58fbf67c40129.image.jpg?crop=534%2C300%2C0%2C284"}}}],"revision":2,"commentID":"a93ed702-181a-54e7-a7f3-3585bc37c8a1","body":"

Phoenix police arrest suspect in 2015 killing

PHOENIX \u2014 Phoenix police have arrested a suspect in a cold-case killing after linking a gun he allegedly owned to the crime scene.

Police say 23-year-old Aaron Saucedo is suspected of killing a 61-year-old man at an apartment complex on August 16, 2015.

In a probable cause statement, police say that detectives collected shell casings from the shooting and did an analysis that revealed they could have come from only one type of handgun.

Authorities allege that Saucedo sold the gun at a pawn shop. Detectives traced it to the new owner, who agreed to let them run tests.

Police say Saucedo knew the victim and that the gun used in the killing belonged to him.

He told police he didn\u2019t commit the crime when he was arrested on Wednesday.

There were no witnesses to the shooting.

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PHOENIX \u2014 Phoenix police have arrested a suspect in a cold-case killing after linking a gun he allegedly owned to the crime scene.

Police say 23-year-old Aaron Saucedo is suspected of killing a 61-year-old man at an apartment complex on August 16, 2015.

Police say in a probable cause statement that detectives collected shell casings from the shooting and did an analysis that revealed they could have come from only one type of handgun.

Authorities allege that Saucedo sold the gun at a pawn shop. Detectives traced it to the new owner, who agreed to let them run tests.

Police say Saucedo knew the victim and that the gun used in the killing belonged to him.

He told police he didn't commit the crime when he was arrested on Wednesday.

There were no witnesses to the shooting.

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frappuccino meltdown; hoverboard dentist","url":"http://tucson.com/news/state-and-regional/collection_b4876a96-ae64-5f1e-a3c9-db711b6920ea.html","permalink":"http://tucson.com/news/state-and-regional/spokane-spanker-comes-clean-frappuccino-meltdown-hoverboard-dentist/collection_b4876a96-ae64-5f1e-a3c9-db711b6920ea.html","canonical":"http://tucson.com/news/state-and-regional/spokane-spanker-comes-clean-frappuccino-meltdown-hoverboard-dentist/collection_b4876a96-ae64-5f1e-a3c9-db711b6920ea.html","relatedAssetCounts":{"article":14,"audio":0,"image":0,"link":0,"vmix":0,"youtube":0,"gallery":0},"prologue":"Odd and interesting news from around the West.","supportsComments":true,"commentCount":0,"keywords":["sweeps","wwest"],"internalKeywords":["#slideshow"],"customProperties":{},"presentation":"paging_gallery","revision":2}, {"id":"adc84553-8d90-5cc8-95c0-09820a297f28","type":"article","starttime":"1492812000","starttime_iso8601":"2017-04-21T15:00:00-07:00","lastupdated":"1492819086","priority":20,"sections":[{"local":"news/local"},{"state-and-regional":"news/state-and-regional"}],"flags":{"top_story":"true"},"application":"editorial","title":"Speed demons, car-pool violators focus of winning freeway messages","url":"http://tucson.com/news/local/article_adc84553-8d90-5cc8-95c0-09820a297f28.html","permalink":"http://tucson.com/news/local/speed-demons-car-pool-violators-focus-of-winning-freeway-messages/article_adc84553-8d90-5cc8-95c0-09820a297f28.html","canonical":"http://tucson.com/news/local/speed-demons-car-pool-violators-focus-of-winning-freeway-messages/article_adc84553-8d90-5cc8-95c0-09820a297f28.html","relatedAssetCounts":{"article":0,"audio":0,"image":3,"link":0,"vmix":0,"youtube":0,"gallery":0},"byline":"By Howard Fischer\nCapitol Media Services","prologue":"Winning entries will be shown on freeway signs around state.","supportsComments":true,"commentCount":0,"keywords":[],"internalKeywords":["#latest"],"customProperties":{"arm_id":"76061"},"presentation":"","images":[{"id":"4e251d16-9dbb-5ab5-bda3-1ede1f8a089d","description":"One winners\u2019 message on the 101 stems from an inside joke.","byline":"ADOT","hireswidth":null,"hiresheight":null,"hiresurl":null,"presentation":"","versions":{"full":{"type":"image/jpeg","width":"440","height":"220","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/4/e2/4e251d16-9dbb-5ab5-bda3-1ede1f8a089d/58fa7f43addca.image.jpg?resize=440%2C220"},"100": {"type":"image/jpeg","width":"100","height":"50","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/4/e2/4e251d16-9dbb-5ab5-bda3-1ede1f8a089d/58fa7f43addca.image.jpg?resize=100%2C50"},"300": {"type":"image/jpeg","width":"300","height":"150","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/4/e2/4e251d16-9dbb-5ab5-bda3-1ede1f8a089d/58fa7f43addca.image.jpg?resize=300%2C150"},"1024":{"type":"image/jpeg","width":"1024","height":"512","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/4/e2/4e251d16-9dbb-5ab5-bda3-1ede1f8a089d/58fa7f43addca.image.jpg"}}},{"id":"b9d9b78a-9e97-5e2a-858e-58739286064f","description":"","byline":"ADOT","hireswidth":null,"hiresheight":null,"hiresurl":null,"presentation":"","versions":{"full":{"type":"image/jpeg","width":"440","height":"220","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/b/9d/b9d9b78a-9e97-5e2a-858e-58739286064f/58fa7f468ced0.image.jpg?resize=440%2C220"},"100": {"type":"image/jpeg","width":"100","height":"50","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/b/9d/b9d9b78a-9e97-5e2a-858e-58739286064f/58fa7f468ced0.image.jpg?resize=100%2C50"},"300": {"type":"image/jpeg","width":"300","height":"150","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/b/9d/b9d9b78a-9e97-5e2a-858e-58739286064f/58fa7f468ced0.image.jpg?resize=300%2C150"},"1024":{"type":"image/jpeg","width":"1024","height":"512","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/b/9d/b9d9b78a-9e97-5e2a-858e-58739286064f/58fa7f468ced0.image.jpg"}}},{"id":"6ed13e8d-d446-50d1-8899-3175c4884800","description":"Ashley Servatius gets to type her winning entry about speeding in a safety message contest into an ADOT computer to have it show up instantly on a freeway sign. 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PHOENIX \u2014 Jim Atkinson finally is going to get a chance to tell those single motorists in the carpool lane exactly what he has been mumbling at them under his breath for years.

Move over, dummy.

Well, not exactly in those words.

But Atkinson is one of two winners chosen by the state Department of Transportation to have their safety messages placed on freeway signs. So don\u2019t be surprised if you see one that says, \u201cSingle in HOV? Get a real date not a court date.\u201d That will be on signs in the Phoenix area on Monday.

He said it addresses a frustration he experiences daily when driving the Loop 101 freeway in the Phoenix area.

\u201cEverybody\u2019s just trying to commute every single day to get there on time,\u201d Atkinson said. His message is aimed at \u201cpeople who just think that maybe they\u2019re just a little bit better than others.\u201d

And if suggestions to do the right thing aren\u2019t enough, Atkinson\u2019s message reminds them of that $400 minimum fine. And that\u2019s before various surcharges that can push the price tag above $600.

\u201cHopefully, people will look up and look over \u2014 and realize I\u2019m talking to them,\u201d Atkinson said.

For Ashley Servatius, the other winner, her entry was less personal: \u201cThat\u2019s the temperature \u2014 not the speed limit.\u201d Her sign will be up on freeways through the weekend.

\u201cThis was an inside joke,\u201d she explained, saying a friend driving with her saw the thermometer on her dashboard register 101 \u201cand thought I was driving that fast.\u201d

\u201cI wasn\u2019t speeding,\u201d Servatius quickly added. \u201cShe thought I was.\u201d

The contest began in early February with ADOT seeking suggestions.

Entries, by necessity, had to be short and simple: The freeway signs accommodate just three lines of 18 characters each. Spokesman Doug Pacey said 3,500 entries came in the first day alone.

What Atkinson and Servatius get for their entries is the glory: a certificate from ADOT and knowing they are the authors of messages above the freeways. There\u2019s no money involved.

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PHOENIX \u2014 House lawmakers agreed Wednesday to give hospital patients at least some protection against facing a nasty financial surprise when they get their bills.

SB 1441 is aimed at situations where a patient gets notified after a medical procedure that one or more of the doctors who provided the services are not within their \u201cin-network\u201d insurance coverage. That, said bill sponsor Sen. Debbie Lesko, R-Peoria, leaves the patients out of luck as the doctor demands payment and the insurance company won\u2019t cough up any the money.

The legislation, approved by the House 40-19, does not guarantee that will never happen. But it provides a method of getting at least some of the disputes resolved \u2014 and in a way, that caps the patient\u2019s liability.

Central to the issue is the change in how hospitals operate.

It used to be that a patient who specifically chose a hospital within his or her insurance coverage for elective surgery could pretty much be guaranteed that all costs would be picked up, above and beyond what would be the person\u2019s normal copay or deductible.

But the current practice of many hospitals is to contract with outside doctors for everything from emergency-room care to pathologists and anesthesiologists. And it is only after patients get a bill that they find out the medical provider has billed for and wants the full amount \u2014 and the insurance company refuses to pay any of it.

The legislation says patients who go to an in-network hospital and get one of these \u201csurprise\u201d bills for at least $1,000 can ask the state Department of Insurance to set up a teleconference to see if something can be worked out. Lesko said a similar program in Texas resolves 94 percent of complaints.

But if there\u2019s no meeting of the minds, there\u2019s an arbitration between the insurer and the out-of-network doctor. And the patient\u2019s maximum liability would be only what he or she would normally have to pay in deductibles.

Rep. Pamela Powers Hanley, D-Tucson, said patients are at a disadvantage.

\u201cThe patient has all of his ducks in a row before he goes in to the surgery,\u201d she said.

\u201cHe knows his doctor\u2019s in network, he knows his hospital\u2019s in network and he\u2019s surprised by miscellaneous personnel who aren\u2019t,\u201d Powers Hanley said. \u201cThe person did not make that choice. The hospital made that choice.\u201d

Yet she voted against the measure, saying it does not go far enough to protect patients and lets the hospital off the financial hook for the surprise bill.

The legislation also was fought from the other side of the issue by lawmakers who said the state has no business telling medical professionals how much they can charge and forcing them to accept whatever payment an arbitrator determines is appropriate.

Rep. Regina Cobb, R-Kingman, said the legislation will do one of two things: force doctors to either become part of insurance company networks and accept the amounts they\u2019re willing to pay, or decide to stop providing services at hospitals because they know they won\u2019t get paid the amount they believe they are due.

Cobb, who is a dentist, said there have been situations where what insurance companies are willing to pay \u201cdoesn\u2019t even cover my lab costs.\u201d She said that\u2019s fine in situations where she wants to accept that payment, but Cobb said it should not be forced on her.

\u201cThis is going to have a chilling effect on health care, on doctors,\u201d said Rep. Maria Syms, R-Paradise Valley, particularly those in rural communities. \u201cThey are not going to be able to set their own fees.\u201d

Syms, whose husband is a doctor, called the measure \u201cvery anti-free market\u201d and said government has no business getting involved in disputes between doctors and patients, forcing doctors to accept the payment amount that the arbitrator decides is appropriate.

But Rep. Randall Friese, D-Tucson, who also is a doctor, said the concerns about doctors miss the point of the legislation.

\u201cI think about the patient,\u201d he said, the person who makes a good-faith effort to ensure that the procedure \u2014 and the place it is being done \u2014 is within the insurance company network only to find out later that the hospital has substituted a doctor who is not part of the network.

\u201cThe patient shouldn\u2019t be a victim of not knowing everybody who works in the hospital at the time they have the procedure,\u201d said House Majority Leader John Allen, R-Scottsdale.

The version up for a vote in the House differs in some ways from what was approved by the Senate. That means the need for another Senate vote \u2014 and another chance of foes to sideline the measure.

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PHOENIX \u2014 The Arizona Supreme Court will decide whether the same-sex spouse of a gay woman who has given birth is entitled to the same parental presumptions and rights as if she were a man.

In a brief order, the justices said they want to review claims that state laws governing who is legally presumed to be the parent of a child apply only when that other person is male, arguments rejected by the state Court of Appeals.

The unusual case has implications beyond the fight over parental rights of a boy born in 2011 in Arizona to two women who were legally married in California.

Since then, the U.S. Supreme Court has issued its historic ruling that same-sex marriages are entitled to the same legal protections as traditional heterosexual unions. And what the state\u2019s high court rules will determine how laws on marriage, divorce and perhaps even adoption, crafted in the days when the only legal marriages were one man and one woman, must be applied.

The case involves Kimberly McLaughlin and Suzan McLaughlin, who were legally married in 2008 in California.

Court records show the couple agreed to have a child through artificial insemination using an anonymous sperm donor. Kimberly McLaughlin became pregnant in 2010.

Before the child was born, the couple moved to Tucson, entered into a joint parenting agreement and executed mirror wills, declaring they were to be equal parents to the child. After the 2011 birth, Suzan McLaughlin stayed home and cared for the boy while Kimberly McLaughlin worked as a physician.

When the boy was nearly 2, Kimberly McLaughlin moved out, taking the boy with her and cutting off his contact with Suzan McLaughlin.

Suzan McLaughlin filed for divorce in 2013 and also sought a court order for parenting time. When a trial judge agreed to have the case proceed, Kimberly McLaughlin appealed.

What makes the case significant is the applicability of Arizona law that spells out that a man is presumed to be the father of a child if he and the mother were married at any time within 10 months immediately preceding the birth.

The state Court of Appeals, in a ruling last year, acknowledged the law was written with a father in mind, someone who conceivably could be the biological parent. But the court said that, in the wake of the 2014 U.S. Supreme Court ruling, trial judges now have to read that presumption to apply in any circumstance, regardless of the gender of the other parent \u2014 and regardless of whether that other parent could in any way be biologically related to the child.

\u201cUnder (the law), the male spouse of a woman who delivers a child is the presumptive parent, and therefore a \u2018legal parent,\u2019\u201d wrote appellate Judge Philip Espinosa.

\u201cIf the female spouse of the birth mother of a child born to a same-sex couple is not afforded the same presumption of parenthood as a husband in a heterosexual marriage, then the same-sex couple is effectively deprived of civil marriage on the same terms and conditions as opposite-sex couples, particularly in terms of safeguarding children and families,\u201d Espinosa said.

Keith Berkshire, an attorney for Kimberly McLaughlin, said he is not contesting the 2014 Supreme Court ruling.

He said, though, most states have specific laws that make that presumption of parenthood automatic, even in cases of artificial insemination. Arizona, Berkshire said, does not.

And there\u2019s something else.

Arizona law allows a man whose wife has given birth, even within 10 months of the marriage, to produce biological evidence that he is not the parent. The biological mother is entitled to prove through DNA testing that her husband is not the father and therefore not entitled to a presumption of parenthood.

Berkshire said that right is being denied to Kimberly McLaughlin.

\u201cIf this were a heterosexual relationship, my client would have been able to rebut (Suzan McLaughlin\u2019s parenthood claim) if she was married to as man,\u201d Berkshire said.

Espinosa, however, said Kimberly McLaughlin cannot argue now that Suzan McLaughlin is not a parent when everything she did prior shows otherwise. That includes the fact that they were married when they agreed to artificial insemination, that Suzan McLaughlin stayed home to care for their son, and that they entered into an express agreement \u201cand agreed unequivocally that both would be (the boy\u2019s) parents, with equal rights in every respect.\u201d

And the judge noted that Kimberly McLaughlin specifically \u201cwaived any constitutional, federal or state laws that provide her with a greater right to custody and visitation than that enjoyed by Suzan.\u201d

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PHOENIX \u2014 A company that helped engineer a change in state law on blood tests will refund more than $4.6 million to Arizonans who got the tests and may have been defrauded.

In a new consent decree, attorneys for Theranos denied the company violated the state\u2019s Consumer Fraud Act in selling blood tests where the results were not always accurate. Attorneys for the company conceded, though, that more than one out of every 10 of the test results given to Arizonans by the company were \u201cultimately voided or corrected.\u201d

But the company agreed to provide full reimbursement to anyone in Arizona who got the tests during a three-year period \u2014 that\u2019s $4.6 million \u2014 plus $200,000 in civil penalties, $25,000 in legal fees and to pick up the cost of someone to find customers and distribute the refunds.

The Arizona Attorney General\u2019s Office said Theranos sold 1\u00bd million blood tests to more than 175,000 Arizona residents between 2013 and 2016.

\u201cEveryone who paid for a test will receive a full refund, period,\u201d said Attorney General Mark Brnovich in a news release. \u201cThis is a great result and a clear message that Arizona\u2019s consumer-protection laws will be vigorously enforced.\u201d

The deal also bars Theranos from owning, operating or directing any laboratory for two years in Arizona.

The company announced Monday in a deal with the Centers for Medicare and Medicaid Services it would stay out of the blood-testing business for at least two years. And federal health regulators last year specifically banned Theranos founder Elizabeth Holmes from owning or operating any testing facility for two years.

The state consent decree comes nearly two years to the day after Gov. Doug Ducey signed legislation that made it easier for Theranos to market its services directly to Arizona consumers. The measure removed all the limits on the kinds of blood, urine and other tests that patients can order themselves.

In a ceremony at the company\u2019s Scottsdale offices, the governor said he was \u201cproud to sign\u201d legislation for \u201creducing burdensome barriers and red tape.\u201d

On Tuesday, asked about that decision, gubernatorial press aide Daniel Scarpinato said his boss has no second thoughts.

\u201cThe governor has always said it\u2019s up to any new business models and companies to prove themselves,\u201d Scarpinato said. \u201cHe is pleased the attorney general was able to reach a settlement on this issue.\u201d

Brnovich, whose office got the consent decree, declined to comment on the merits of that legislation or whether the change in law contributed to the losses sustained by Arizona consumers.

In a prepared statement, Theranos said its agreement to provide full refunds to all customers since 2013, regardless of whether they were accurate or not, \u201cdemonstrated the company\u2019s commitment to resolving the issue amicably on behalf of Arizonans and working collaboratively with state officials.\u201d

Brnovich, for his part, said that blanket refund is an important part of the deal. The refunds actually cover the period even before the 2015 change in the law allowing Arizonans to order their own blood tests. Mia Garcia, spokeswoman for Brnovich, said it was important to ensure the deal covered even situations where tests were ordered for patients by their doctors.

Garcia said customers should not have to do anything to get their money back. She said her office is hiring an outside administrator who will have access to all Theranos\u2019 financial records. That administrator, she said, will contact customers.

\u201cIt should not take too long,\u201d Garcia said. In fact, she said, Theranos on Tuesday already wired the money to the state to give back to consumers.

Tuesday\u2019s settlement with the state still leaves some legal issues pending in Arizona for Theranos as well as for Walgreens, which had partnered with the firm to offer in-store finger-prick blood tests at 40 locations.

Several lawsuits that have been consolidated for trial in state court contend that Walgreens failed to notify customers when it learned the Theranos blood test results were not reliable.

Walgreens last year severed its relationship with Theranos and subsequently filed its own lawsuit against the lab.

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The bill has been approved by the Senate.","byline":"Mike Christy / Arizona Daily Star 2014","hireswidth":1793,"hiresheight":1156,"hiresurl":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/4/04/404926d0-0f57-5121-8494-943de89d085f/58f536adcfb0c.hires.jpg","presentation":"","versions":{"full":{"type":"image/jpeg","width":"1170","height":"754","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/4/04/404926d0-0f57-5121-8494-943de89d085f/58f53583a3b51.image.jpg?resize=1170%2C754"},"100": {"type":"image/jpeg","width":"100","height":"56","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/4/04/404926d0-0f57-5121-8494-943de89d085f/58f53583a3b51.image.jpg?crop=1793%2C1008%2C0%2C49&resize=100%2C56&order=crop%2Cresize"},"300": {"type":"image/jpeg","width":"300","height":"169","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/4/04/404926d0-0f57-5121-8494-943de89d085f/58f53583a3b51.image.jpg?crop=1793%2C1008%2C0%2C49&resize=300%2C169&order=crop%2Cresize"},"1024":{"type":"image/jpeg","width":"1024","height":"576","url":"http://bloximages.chicago2.vip.townnews.com/tucson.com/content/tncms/assets/v3/editorial/4/04/404926d0-0f57-5121-8494-943de89d085f/58f53583a3b51.image.jpg?crop=1793%2C1008%2C0%2C49&resize=1024%2C576&order=crop%2Cresize"}}}],"revision":16,"commentID":"6757b5f0-0623-51be-9029-4a71b263ea6d","body":"

PHOENIX \u2014 Members of the Arizona House are finally going to get the chance to decide whether the state\u2019s newest drivers should be prohibited from using their cellphones while they drive.

But the future of the newly resurrected measure remains in doubt, with even the House GOP leadership divided.

The measure says that new drivers \u2014 those in the first six months of getting a license \u2014 cannot operate any hand-held communication devices. That means not just no texting and emailing, but also no chatting on the phone with friends and family.

Members of the House Rules Committee on Monday agreed that SB 1080 is constitutional and in proper form for consideration. That was never really in question, as the bill has already been approved by the Senate.

It was stalled, however, when Rep. Phil Lovas, R-Peoria, who chaired the committee, refused to clear it to go to the full House. Lovas said he feared it might lead to even greater restrictions.

Lovas is now gone, having quit the Legislature last week to take a post in the Trump administration.

That allowed House Speaker J.D. Mesnard, R-Chandler, to name himself to the position. And Mesnard, who supports the legislation, got the panel to give its OK, setting the stage for floor debate later this week.

Arizona is one of just a handful of states with absolutely no specific statewide limits on the use of cellphones while driving, although some local municipalities have some restrictions. But significant opposition remains.

\u201cI think it\u2019s a parental authority thing,\u201d said House Majority Leader John Allen, R-Scottsdale.

\u201cI had three sons and they all had phones and cars,\u201d he told Capitol Media Services. \u201cI just told them not to do it; I told them there\u2019d be consequences.\u201d

And Allen said he\u2019s convinced his sons, now grown, always obeyed his admonition.

House Majority Whip Kelly Townsend, R-Mesa, also hopes the measure falters.

\u201cI think it\u2019s already against the law,\u201d she said, saying police can cite motorists for distracted driving if they weave in traffic because they\u2019re on the phone.

But Townsend said the bigger concern is that this narrowly crafted measure won\u2019t be the last word. She said once Arizona bans texting while driving for teens, it would just be a small step to expand that to cover all motorists, something Townsend said most lawmakers are now unwilling to do.

Sen. Karen Fann, R-Prescott, who pushed the measure through the Senate, said her legislation really is setting no new precedents. She pointed out there already are special restrictions on new drivers, including limiting the number of unrelated teens who can be in the vehicle as well as prohibiting them from driving after midnight unless it is to go to work or school.

No date has been set for House floor debate.

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NOGALES, Ariz. \u2014 Nogales, Arizona, and Nogales, Sonora, share something more meaningful than their city name. They also share a source of water that is vital to their region of the border.

Officials from Sonora and Arizona say binational water cooperation is essential to their survival and growth. Both also acknowledge the relationship related to water and the issues involved.

\u201cWe know that Arizona wouldn\u2019t be Arizona without water, probably our most precious resource,\u201d said Arizona Secretary of State Michele Reagan. \u201cPeople don\u2019t realize that things are grown in other countries.\u201d

Border towns commonly share water resources. In this case, both cities share the Santa Cruz River. At 184 miles in length, it flows from Arizona to Sonora and back into Arizona.

One organization that works to promote water cooperation between the two countries is the Sonoran Institute. Its CEO, Stephanie Sklar, says binational cooperation around water is essential and that the Sonoran Institute works with lawmakers to promote it.

\u201cThere\u2019s nowhere that we work that we are not dependent upon what is happening to a river or range of rivers that are providing sustenance to communities,\u201d Sklar said.

Politicians from both sides of the border said they acknowledge that most of the issues related to water have originated on the Mexican side of the river.

\u201cWe are doing our part regarding water research with not only the water that comes through Nogales but the water that comes through the Santa Cruz,\u201d said Sonoran Secretary of State Miguel Pompa. \u201cThat way the contaminated water does not come down to this side. We are working on that.\u201d

Pompa said that local, state, and federal governments in Mexico are cooperating to create a first-of-its-kind solar water-treatment plant in Sonora. Water treatment on the Santa Cruz is done in the U.S.

\u201cWhat we are currently doing \u2013 and it is working \u2013 is treating the residual water in Nogales and sending clean water into the U.S.,\u201d said Esteban Martinez, a city councilman from Nogales, Sonora.

Pompa also said that federal governments on both sides are to blame for most of the issues pertaining to water in that \u201cWashington and Mexico City don\u2019t understand the border because they aren\u2019t on the border.\u201d

Echoing Pompa, Sklar also said she hopes federal politicians minimize interference with water around the border.

\u201cI would like to not be distracted from what we do by politics taking the front seat,\u201d she said. \u201cWe\u2019re very connected to the land in the West and we are very connected to our natural resources. That is something that I think transcends politics \u2026 a river can\u2019t be healthy on one side and not healthy on the other.\u201d

Nogales, Arizona, Mayor John F. Doyle said he commonly deals with issues related to mishandling of water on the Mexican side. He said factories in Sonora dump toxic waste into shared waterways.

He added that drug cartels commonly use the sewers that run under the border wall to transport bundles of narcotics. These bundles have become dams in the waterways, which lead to infrastructure problems such as blocked pipes and overflowing sewers.

\u201cWhat we want to see is that (the Sonoran government is) more on top of things and that the revelations don\u2019t just come from this side,\u201d Doyle said. \u201cIf not, we end up dealing with this problem here.\u201d

Many factories in Sonora are owned by American companies. Under the NAFTA agreement, their waste is to be treated by American plants.

Gilbert Anaya, an environmental engineer with the International Boundary and Water Commission (IBWC), said he focuses on educating factories in Sonora in order to combat some of the water pollution issues.

International wastewater treatment is handled by the IBWC plant . It treats about 9.9 million gallons of water from Mexico a day.

\u201cThe goal is to educate them and say don\u2019t do it this way, and if you have waste that you need to dispose of, you need to know who to call,\u201d Anaya said. \u201cYou aren\u2019t going to get in trouble for calling and asking for help. You can\u2019t get rid of any waste without doing it properly.\u201d

Anaya said some of these American-owned factories, also known as maquiladoras, contract to smaller local Mexican companies which can lead to miscommunication and improper treatment of waste.

\u201cYou\u2019re shooting yourself in the foot; you\u2019re going to hurt yourself and everybody else if you don\u2019t treat your waste properly,\u201d Anaya said.

Recently leaders from both countries met to discuss issues pertaining to water cooperation. Doyle and other lawmakers, politicians, and business people from Sonora and Arizona gathered in Nogales, Arizona, to discuss the economic growth in the border region. The panel consisted of Reagan, Pompa and Doyle, who brought up water issues related to agriculture.

\u201cPeople don\u2019t realize that the food they buy isn\u2019t grown here (in Arizona),\u201d Reagan said. \u201c(It) is one of the biggest things I was surprised by coming down here.\u201d

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