Arizona State Legislature 2010 Session
As I was going through old emails today I found an article out of Australia about Arizona. Being interested in what happens in my State, our country, and around the world I decided to read it. From there I found out that Arizona intends to implement some of the harshest laws on illegal aliens found on our soil. I almost stood up and cheered! HooRah! It’s about time!
While searching the bills that our legislature is currently looking at I also found one I do not approve of. I’ll discuss that one later on. A current look at the Arizona legislative process is rather interesting. You can find that link HERE:
The article that first started me on my all day search was from CommonDreams.org but I have gotten the original article for this blog. I do not read CommonDreams as often as I used to because they are soft on the criminal illegal aliens which are invading this country on a daily basis, advocate for policies I don’t agree with, and spend more time on issues outside these united States than they do inside. I believe in law and order so I must believe in immigration law as well. Coming here illegally is against the law, both State and Federal, and regardless of how it might look to those who whimper and whine about illegals being immigrants, (an oxymoron!), the law is the law. Here is the original article:
SIMON MANN, WASHINGTON
March 31, 2010
The border state, which has an estimated 460,000 illegal immigrants, plans to give police the power to stop and detain people who do not have legal papers.
It will also ban ”illegals” from congregating on street corners to look for day labouring jobs, while making it an offence to employ or transport them.
And it is true, I found the bill which backs this up. Imagine not having to go past these guys at Walmart anymore just because you want to go to the store! I’ve hated that part of living in Arizona. It makes me very nervous to have to walk past a group of 20 or more to get into a store. I have often wished the police would round these groups of men up and take them off our streets.
Senator Russell Pearce had this to say to those who called the new bills *unconstitutional and inhumane*:
”When you come to America, you must have a permission slip, period. You can’t break into my country, just like you can’t break into my house.”
He said the bill would give police a weapon against lax federal enforcement of immigration laws. ”It will be, there’s no doubt, the toughest immigration enforcement bill in the nation.”
Good for all of us and thank you Senator Pearce! It is about time we got a handle on this criminal element which streams across our borders, defiles the landscape, brings down housing values, ruins the economy, and has English at the back of the bus! In America we speak English. If you don’t, go back where you came from be that Japan, China, Indonesia, or Mexico.
The bill being referenced, one of many, is H.B. 2531. The important parts of the bill are as follows:
amending title 11, chapter 7, Arizona Revised Statutes, by adding article 8; amending title 13, chapter 15, Arizona Revised Statutes, by adding section 13‑1509; relating to illegal aliens.
13-1509. Trespassing by illegal aliens; assessment; classification
A. In addition to any violation of federal law, it is unlawful for a person who is a citizen of any country other than the United States to enter into or be on any public or private land in this state if, at the time of the commission of the offense, the person is in violation of 8 United States Code section 1325.
C. A violation of this section is a class 1 misdemeanor, except that a second or subsequent violation is a class 4 felony. The person is not eligible for suspension or commutation of sentence or release on any basis until the sentence imposed is served.
D. In addition to any other penalty prescribed by law, the court shall order the person to pay jail costs and an additional assessment in the following amounts:
F. Notwithstanding subsection C of this section, if the person violates this section while in possession of any of the following, the violation is a class 2 felony:
1. A dangerous drug as defined in section 13-3401.
2. Precursor chemicals that are used in the manufacturing of methamphetamine in violation of section 13-3404.01.
3. A deadly weapon or a dangerous instrument, as defined in section 13-105.
4. Property that is used for the purpose of committing an act of terrorism as prescribed in section 13-2308.01.
And there are quite a few more legislative issues dealing with illegal aliens in the Senate right now.
H.B 2354 talks about forged instruments, in this case meaning documentation given to illegal aliens to prove their “citizenship.”
13-2002. Forgery; classification
A. A person commits forgery if, with intent to defraud, the person:
1. Falsely makes, completes or alters a written instrument; or
2. Knowingly possesses a forged instrument; or
3. Offers or presents, whether accepted or not, a forged instrument or one that contains false information.
B. The possession of five or more forged instruments may give rise to an inference that the instruments are possessed with an intent to defraud.
C. Forgery is a class 4 felony, except that if the forged instrument is used in connection with the purchase, lease or renting of a dwelling that is used as a drop house, it is a class 3 felony. For the purposes of this subsection, “drop house” means property that is used to facilitate smuggling pursuant to section 13‑2319.
H.B. 2099 allows this State to recoup money spent returning aliens to their native countries.
H.B. 2042 Unlawful roadside solicitation of employment
Stops the roadside hiring and transporting of illegal aliens for day labor jobs.
H.B. 2105 Denial of benefits to certain athletes and aliens.
H.B.2673 makes it illegal to transport anyone with the intention of that person engaging in, being forced into, or is aware that the person will engage in any sexual act or prostitution.
H.B.2706 allows the State of Arizona to terminate, cancel or annul and license to drive a motor vehicle of someone who is not eligible to have one.
H.B. 2532 Unauthorized aliens; licensing.
1. Section 23-212, Arizona Revised Statutes, is amended to read:
START_STATUTE23-212. Knowingly employing unauthorized aliens; prohibition; false and frivolous complaints; violation; classification; license suspension and revocation; affirmative defense
Arizona is going to be a tough State for illegal aliens to work and play in or get documentation from. This State is getting darn serious about protecting its Citizens from the flood of aliens coming over the border. I’m hoping other States will take the same types of actions to protect their Citizens.
The language in H.B. 2531 is very serious:
A. NO OFFICIAL, AGENCY OR PERSONNEL OF THIS STATE OR COUNTY, CITY OR TOWN OF THIS STATE MAY ADOPT A POLICY THAT LIMITS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO THE FULL EXTENT PERMITTED BY FEDERAL LAW. FOR ANY LEGITIMATE CONTACT MADE BY SUCH OFFICIALS, AGENCIES OR PERSONNEL WHERE REASONABLE SUSPICION EXISTS REGARDING THE IMMIGRATION STATUS OF A PERSON, A REASONABLE ATTEMPT SHALL BE MADE TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. IF THE PERSON WHO IS ARRESTED IS AN ALIEN, THE PERSON’S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c). IF THE PERSON IS AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES AND THIS STATE OR A LOCAL GOVERNMENTAL ENTITY ELECTS NOT TO PROSECUTE THE PERSON FOR A VIOLATION OF STATE OR LOCAL LAW, THE PERSON SHALL BE TRANSFERRED TO THE CUSTODY OF THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED STATES CUSTOMS AND BORDER PROTECTION. IF AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IS ACQUITTED OF ANY VIOLATION OF STATE OR LOCAL LAW, IS DISCHARGED FROM IMPRISONMENT OR PAYS ANY FINE IMPOSED, THE ALIEN SHALL BE TRANSFERRED IMMEDIATELY TO THE CUSTODY OF THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT.
That sort of says it all doesn’t it? Got any questions about what our legislators are up to? If you do, I suggest you check out the legislative site to find out what is going on. I’m going to encourage more bills like these and discourage the following ones. I figure if we are going to get tough on illegal aliens then we should remain tough in all ways. But that is just me…
H.B. 2749 Allows for the importation of aliens in the event there is a shortage of Citizen workers. This is one of those bills we have seen that employers abuse. These employers are unwilling to pay a living wage to the Citizens who need work. It is expensive to live and work here. Bringing in yet more aliens for this type of thing works against the hard-working Citizens of this country who would do the jobs if they could afford to live on the wages being paid.
H.C.R. 2052, The DREAM Act Wants to guarantee higher education for all illegal alien children who complete their high school education. The language is flowery. I’m apposed to any bill which gives preference to illegals and doesn’t give more to OUR Citizens or children. Why should illegal alien children be assured of higher education when the State doesn’t guarantee the same for the Children of Citizens??? No one deserves a better foundation than our own children!
H.C.M 2013 Worries me. The title is:
constitutional amendment; U.S. senators; repeal
To the Congress of the United States of America:
Your memorialist respectfully represents:
Whereas, the people of the State of Arizona view with growing concern the ongoing failure of political will exhibited by the members of the United States Senate with respect to federal issues that are of grave concern to the people of this state; and
Whereas, this lack of responsiveness by the members of the United States Senate to the needs of the states is attributable to the skewing of the legislative checks and balances system originally established by the founders of this country in the United States Constitution as originally adopted; and
Whereas, the people of this state firmly believe that a return to the original structure of the United States Congress is required and that this nation is best served by returning to the prior constitutional system that provided for each state’s legislature to elect that state’s United States senators.
Wherefore your memorialist, the House of Representatives of the State of Arizona, the Senate concurring, prays:
1. That, pursuant to article V of the Constitution of the United States, the Congress of the United States propose an amendment to the Constitution of the United States, to be ratified by the legislatures or by conventions in three-fourths of the several states, as follows:
Amendment XVII, Constitution of the United States, relating to the election of United States senators from the several states, is repealed.
2. That the Secretary of State of the State of Arizona transmit a copy of this Memorial to the President of the United States Senate, the Speaker of the United States House of Representatives and each Member of Congress from the State of Arizona.
I am not sure I like where this one is going. It says that the legislature of this State should be allowed to elect Senators to Congress. What if this legislature becomes corrupt too? Is it not best left in the hands of voters? Does anyone have a different take on this?
One of the best ones is H.B.2538
41-1293.01. Federal mandates; proof of constitutionality before passage of act A. The legislature shall not enact any statute that appropriates state monies pursuant to a federal mandate or that complies with a federal mandate unless the federal mandate contains a report or document prescribing reasonable and logical arguments based on United States constitutional law that the federal mandate is a function of the federal government and will pass a constitutional challenge if contested in a court of law.
B. The report or document required by subsection a shall specifically address whether the federal mandate violates the sovereign rights of this state that are guaranteed to the states by the tenth amendment of the United States Constitution.
I can’t tell you just how much I want to applaud this legislature for this one! Someone is listening to the Tea Party Members, to the rallies and gatherings of the Citizens of this State. I don’t know how many other States are enacting the same type of legislation, but it should be all of them. Time to give the feds a good kick in the pants and remind them who they work for.
It is definitely time to reign in those in D.C. and make them know that this is a Republic, not a socialist country or even a democracy. Let them know that we are watching them, weighing them, and NOT happy with their performance of late. Now, if this legislature would just demand proof that Obama is eligible to be president, I’d be overjoyed!
For gun owners and enthusiasts, there are two bills in here that you will be happy with. The first one is H.B.2307. This bill follows Montana’s lead and declares all arms manufactured within this State are not subject to federal taxes.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 13, chapter 31, Arizona Revised Statutes, is amended by adding section 13-3114, to read:
START_STATUTE13-3114. Arizona manufactured firearms; regulation; definitions
A. Beginning October 1, 2010, a personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately in this state and that remains within the borders of this state is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce and is not considered to have traveled in interstate commerce.
B. This section applies to a firearm, a firearm accessory or ammunition that is manufactured in this state from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state.
C. The importation into this state of a firearm accessory, any generic or insignificant part that has other manufacturing or consumer product applications or any basic materials, including unmachined steel and unshaped wood that is incorporated into, attached to or used in conjunction with a firearm, firearm accessory or ammunition manufactured in this state, does not subject the firearm, firearm accessory or ammunition to federal regulation.
D. This section does not apply to:
1. A firearm that cannot be carried and used by one person.
2. A firearm that has a bore diameter of more than one and one-half inches and that uses smokeless powder as a propellant.
3. Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm.
4. A firearm that discharges two or more projectiles with one activation of the trigger or other firing device.
E. A firearm that is manufactured and sold in this state pursuant to this section shall have the words “made in Arizona” clearly stamped on a central metallic part such as the receiver or frame.
F. For the purposes of this section:
1. “Firearm accessory” means an item that is used in conjunction with or mounted on a firearm but that is not essential to the basic function of a firearm, including telescopic or laser sights, magazines, flash suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers and lights for target illumination.
2. “Generic or insignificant part” includes springs, screws, nuts and pins.
3. “Manufactured” means that a firearm, a firearm accessory or ammunition has been created from basic materials for functional usefulness, including forging, casting, machining or other processes for working materials.
Sec. 2. Legislative findings
The Legislature finds:
1. The tenth amendment to the United States constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to the state and people of Arizona certain powers as they were understood at the time that Arizona was admitted to statehood in 1912. The guaranty of those powers is a matter of contract between the state and people of Arizona and the United States as of the time that the compact with the United States was agreed on and adopted by Arizona and the United States in 1912.
2. The ninth amendment to the United States constitution guarantees to the people rights not granted in the constitution and reserves to the people of Arizona certain rights as they were understood at the time that Arizona was admitted to statehood in 1912. The guaranty of those rights is a matter of contract between the state and people of Arizona and the United States as of the time that the compact with the United States was agreed on and adopted by Arizona and the United States in 1912.
3. The regulation of intrastate commerce is vested in the states under the ninth and tenth amendments to the United States constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories and ammunition.
4. The second amendment to the United States constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Arizona was admitted to statehood in 1912, and the guaranty of the right is a matter of contract between the state and people of Arizona and the United States as of the time that the compact with the United States was agreed on and adopted by Arizona and the United States in 1912.
5. Article II, section 26, Constitution of Arizona, clearly secures to Arizona citizens, and prohibits government interference with, the right of individual Arizona citizens to keep and bear arms. This constitutional protection is unchanged from the 1912 Arizona Constitution, which was approved by Congress and the people of Arizona, and the right exists as it was understood at the time that the compact with the United States was agreed on and adopted by Arizona and the United States in 1912.
H.B. 2339 tax credit; state militia; ammunition
You can read the rest via the link above. So, how do you think this legislature is doing?