[This list is truly shocking. Take a close look at how many communists/Marxists were his friends. Davis spied for the Soviet Union. Obama wants to shut down America's nuclear arsenal but won't intercept North Korean Communist missiles, nor will he stop Iran, a terrorist sponsor, from developing nuclear bombs.
I must say, I find the sealing of his records going back to childhood, utterly bizarre. What the heck is there to hide?
It mentions he can list all of America's failings, but none of its accomplishments. I have been saying for quite a time that President Obama HATES AMERICA, and if this doesn't prove it to you, nothing will.
I disagree with the final sentence though. I've seen no proof of this. Someone did go to a lot of trouble to help him, but I'm not sure its Soros. It should be clear that Obama is surrounded by communists and has seriously dangerous communists as friends. Jan]
JUST WHO IS THIS GUY.... OBAMA??
Barack Obama is less of a person than an image— a brand. People see what ever they want as they do on a Rorschach test.
But does anyone really know him? In fact, he is:
* A man with no birth certificate.
* A man whose birth records, both in the United States and Kenya, are sealed by government order.
* A man whose childhood mentor, Frank Marshall Davis, spied on U.S. military installations in Hawaii for the Soviet Union, edited a communist newspaper, authored pornographic novels, and wrote poetry in praise of Joseph Stalin.
* A man who promised transparency in government, but has spent over a million dollars in legal fees hiding information that would determine his eligibility to be President.
* A man whose academic records are sealed from kindergarten through law school.
* A man who arrived in New York in June of 1981 without enough money to get a hotel room, but one month later flew to Indonesia and Pakistan.
* Why did he go?
* Who paid his expenses?
* A man who traveled to Pakistan when it was illegal for U.S. citizens to do so. So what country’s passport did he use?
* A man whose Law School Admission Test scores and grades at Columbia University are known to have been mediocre, but was admitted to Harvard Law School through the intervention of a Saudi named Khalid al -Mansour.
* A law review editor who never published an article in any law review.
* A lawyer with no significant accomplishments in the law and no reputation in the legal community.
* A former State and U.S. Senator, who never authored a piece of legislation.
* A disciple of the Marxist Saul Alinsky.
* A product of the Chicago political machine—the most corrupt political organization in America.
* A man who selects Marxists, corrupt politicians, and criminals as his close political associates and personal friends.
* A man whose presidential candidacy was endorsed by the Democratic Socialists of America, the Socialist International, and the Workers International League.
* A man lauded for the literary brilliance of two memoirs, both of which were ghostwritten by others.
* A so-called Christian who says that knowing when human life begins is “above his pay-grade,” but somehow knows that abortion is permissible at any stage.
* A man who thinks “waterboarding” is immoral, but that partial-birth abortion is moral.
* A man who publicly laments slavery in America—which was abolished 150 years ago—but praises Islam, which still practices both slavery and the sexual mutilation of young girls.
* A man who speaks endlessly about helping the less fortunate, but gives almost none of his sizeable income to charity—not even to his half-brother, who is living in squalor in Kenya.
* A man who had the most left-wing voting record in the United State Senate, but was predicted by the press to “govern from the middle.”
* A man who has never created a job, met a payroll, or even operated a lemonade stand, but wants to tell Detroit how to make cars.
* A President who has never before served as an executive in either the private or the public sector.
* A Commander-in-Chief who doesn’t know how to shoot a rifle, throw a hand-grenade, drive a tank, fly a plane, or con a ship.
* A Commander-in-Chief who has publicly divulged some of our nation’s most important intelligence secrets.
* A man who has been put in charge of the largest economic engine that ever existed, but has never invested in the stock market and admits total ignorance of it.
* A President who says that science will guide his administration, but has no education in the sciences.
* A man who is proficient in reading what is written for him on a teleprompter, but jerks and stammers his way through any off-the-cuff speaking.
* A man whose health records are sealed from childhood to the present day.
* A man who spent 20 years in a church whose pastor espouses Marxist Liberation Theology, anti-Americanism, anti-capitalism, and anti-Semitism, but claims he never heard his pastor utter anti-American, and anti-Semitic statements.
* A man who added more to the National Debt in 120 days than all other Presidents did in the past 220 years, yet feels qualified to lecture Americans about “fiscal responsibility”.
* A man who publicly expressed disdain for the U.S. Constitution on a Chicago radio station because it limited the government’s ability to “redistribute wealth.”
* A man who sits and listens submissively while his country is castigated by Daniel Ortega—a Communist thug whose own daughter accused him of raping her.
* A narcissist who gave the Queen of England a present from the United States --an iPod containing recordings of his own speeches.
* A so-called Christian who officially declared “Pride Month” for a lifestyle that the Bible calls an abomination.
* A man who wanted Americans to ignore his Muslim name during his election campaign, yet boasts of his Muslim name when he travels to Muslim countries.
* A man who can name hundreds of America’s shortcomings, yet none of its great accomplishments.
* A President who claims the moral high ground by closing Gitmo yet supports the transfer of terror suspects to countries where horrific torture is certain.
* A President who scoffed at being called a socialist yet acted to nationalize the auto industry, the banking industry, and the insurance industry . . . and now seeks to nationalize the healthcare industry.
* A President who violates private property rights, the sanctity of contracts, and the rule of law—three essential principles that go back over a thousand years in the Common Law tradition.
* A man who promised 95% of all Americans a tax cut, but is increasing taxes on 100% of the population through inflation—the cruelest tax of all.
* A lawyer who represented ACORN—an organization now indicted in several states for voter fraud—whose stated goal is to get as many people on welfare as possible in order to destroy our financial system.
* A President who cheated GM’s bondholders by giving their property to the UAW in a political payoff.
* An American President who frequently criticizes his own country when speaking in foreign countries, but never praises America’s generosity, goodness or greatness.
* A President whose Secretary of the Treasury cheated on his taxes—as did several other appointees and advisors.
* A President who scoffs at being called a socialist, yet has appointed 28 “Czars” to circumvent constitutional government, including:
* A “Science Czar” who has advocated compulsory abortions for American women and the “surrender of sovereignty” to a “comprehensive Planetary Regime.”
* A self-professed communist as his “Green Jobs Czar”. A "Pay Czar” to regulate the pay of corporate executives.
* A President who swore an oath to “preserve, protect and defend the constitution from all enemies, foreign and domestic,” yet has nominated a domestic enemy of the Constitution to the Supreme Court.
* A President whose Homeland Security Chief classified pro-lifers, veterans, and supporters of traditional marriage as terrorists.
* A President who stood silent while the Iranian government hacked unarmed protestors to death with axes, because it was an internal matter, but freely offers his opinions about the internal affairs of Israel and Honduras.
* A President who decreed that true acts of terrorism must now be described as “man-made disasters.”
* A President who cracks hurtful jokes about Special Olympians.
* A President who refused to intercept or inspect a North Korean ship virtually certain to be carrying Weapons of Mass Destruction to Burma.
* A President who wants to cancel all missile defenses while rogue nations are developing long-range ballistic missiles.
* An American President who blames the violence in Mexico on America.
* A Commander in Chief who claims to have been unaware that Air Force One was taken on a terrifying, low-level photo-op over Manhattan.
* A President who berates American CEO’s for flying in private planes at private expense on company business, but whose wife spends hundreds of thousands tax payer dollars flying to Paris for a shopping spree.
* A President who promised a transparent administration, but requires all questions be screened before “impromptu” appearances.
* A man who freely admitted that his energy policies are designed to bankrupt the American coal industry.
* A President who has presided over the loss of 14.7 million jobs and whose “energy policy” will cause the loss of another 1 million jobs.
* A President whose “energy policy” will increase the average American’s utility bills by over $2,000 a year in the middle of the Great Recession.
SOMEONE KNOWS:
The vast majority of Americans do not know who he is, but someone surely does. Someone paid for his travel expenses to Pakistan and Indonesia.
Someone engineered legal challenges to all of his election opponents for the State Senate and had them disqualified.
Someone straightened and leveled his path to the U.S. Senate when a Democrat Judge made public the child custody records of his Republican opponent. When he was a candidate for the U.S. Senate, someone arranged for him to speak at the 2004 Democratic National Convention.
Someone saw to it that all of his records were sealed, both at home and abroad. Someone assembled the massive organization for his run for the Presidency. Someone knows all about him.
Who? The answer is George Soros-connected to the Rothchilds.
Source Url: http://www.fourwinds10.com/siterun_data/government/obama_government/news.php?q=1251826356
Odd how all these facts are starting to come out now, I wonder if america is ready to accept the obvious truth about this man now?
I guess only time and the further destruction of our nation will tell.
I only hope that its not too late and that the devastation he is causing can be reversed!
To restore and uphold the sovereignty and rights of the individual States as guaranteed by the tenth amendment of the United States Constitution, which states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
Sunday, May 30, 2010
Thursday, May 20, 2010
Why the libs in washington are against going back to the gold standard...
Well, the simple answer to that is it restrains the growth of the federal government. Federal government can’t grow if it can’t print money, if it can’t borrow money, and if it can’t print itThey actually have to live within their means like they did for 160 years. And that’s why, that’s why the politicians, that’s why the establishment is horrified. That’s why the world bankers, that’s why Wall Street is terrified of it. That’s why all the parasites that live off the Federal Government are horrified of a currency that is tied to gold or tied to silver or tied to palladium.
When the Federal Reserve cannot print money out of thin air, you can’t go to war in Afghanistan and bomb people back into the stone ages unless the American people support it and are willing to buy bonds and pay taxes to fund the damn army. That’s why. You can’t have all these vainglorious federal agencies and all this welfare programs and all this giveaway and all this redistribution of wealth if you can’t print the money. If people have to actually be taxed to fund Leviathan, the party is over because you’re not going to fork over 71 percent, which is what it’ll take of your income to the Fed so that they can benevolently distribute, redistribute it. And maybe you’ll get some of it back. This is why. That creature from Jekyll Island is the heart, it is the cancer, it is the root, as our Lord and Savior Jesus Christ would say, of much of the evil. It’s not all of it. But it does enable the war machine.
Ladies and gentlemen, we have to stop, as a people we have got to stop this – we’ve got to stop these wars. I don’t know where it is lost on the American public that somehow we have always been a nation at war, and that it’s our job to go overseas and fight other people’s war. “Well, we’ve got fight for democracy and freedom in Israel....really, do we?” Israel will do its own fighting, if we would just get the hell out of the way – how many of you people are watching that HBO miniseries “The Pacific”? It’s horrible. You’re all gung-ho about going to war, watch “The Pacific” and then come back and tell me how gung-ho you were about it. Now, it may have been necessary to fight the Japanese. I’m not arguing that. But war is hell, as some northern aggressive Yankee general once said.
Not only that, how did they fund World War II? Roosevelt actually had to have guys like Basilone, Sgt. Basilone out there selling bonds. They had to do tours. People had to empty their piggy banks out. Taxes had to be doubled. They couldn’t borrow the money. We actually had to pay for it. You don’t want to pay for your war. If we had to pay for the Iraq war, it would have been over long ago. If we had to pay for this fruitless exercise in Afghanistan, pay for it, today, it would be over. If we actually had to pay directly for the occupation of 134, 136 countries, I lose track, it would be over. Much of it would be over.
People don’t understand this. “Oh, it’s conservative to build giant war machines.” We outspend the known universe on armaments. I thought we were a nation of peace. I thought all we wanted to do was live in liberty and freedom and have the rest of the world admire us and what have you. But, no, we’ve got to export war. It’s not a conservative position, ladies and gentlemen. Go back and read your history. Is war necessary? Now, I didn’t say war was never necessary. But we should go to war as one nation under God and with a clear mission to get in, win, and get out. If we all agree that we should, and then we all have to agree that we’re willing to pay for it. You’re not paying for it right now, baby.
And then we have this embarrassment, Olympia Snowe. “I represent the people of Maine who haven’t gotten enough welfare from the other 49 states.” This is just ridiculous. This is why I can’t stand party affiliations anymore. What is the point of having this so-called party that is basically the lower chamber of the other party? That’s what it is.
It’s not fair and balanced because fair and balanced implies that there is validity to the other argument. If you’re an American, and you’re supposed to live in the land of the free and the mobile home of the brave, most times there isn’t validity in the other argument. We should not have to be a people that discusses every two years whether or not we want to become the Soviet Union, for crying out loud. Why don’t we discuss what to do with all the freedom and liberty that we have? How can we make new and more better stuff? How can we continue our great moral traditions and support our great moral institutions? But no. We have to have fair and balanced discussions on the merits of Stalinism and Maoism and Trotskyism and Leninism and Marxism and Castro-ism and Hugo Chavez-ism and farcism and every other ism you can name, vs. little, tiny – what did Washington Irving call James Madison? “Poor withered little applejohn, James Madison.” You`ve never heard that before, dont have a clue what I`m talking about?” That’s because you don’t study history.
My favorite part of this resurgence of the Constitution is the discussion of foreign policy. There is nothing that will make a unionized, blue-collar person that fancies themselves a conservative’s head spin, flinging spittle across rooms, screaming and hollering, than a discussion of downsizing foreign policy and the military. “You can’t have – it’s heresy. You’re irresponsible. You’re going to get people killed” Let me tell you about getting people killed. You know what milestone was passed today, sadly? And I’m not going to harp on this because I do love with every fiber of my being those guys and gals that sign up to wear our uniform. I just think that they are pawns in a larger game. Many of them have signed up for the right motives, because they want to protect and defend freedom and liberty.
Today we pass a grim milestone, though. Ladies and gentlemen, there was an attack yesterday in Afghanistan. And with the results of that deadly attack, we now have 1,000 Americans dead in the Afghanistan war, which began in earnest in October or early November of 2001, after the 9/11 attacks. “I bet you ask what should we have done after 9/11, smart guy? Dumbass? Careless, reckless, paleocon, libertarian, anarchist kook?” As Congressman Paul had suggested at the time, letters of marque and reprisal. We should have gone after the actual perpetrators, which we did. And then once we were done, we should have stopped inventing boogeymen, which we did. And now look at the blood and treasure that has been expended. What, so Iraqis can run around and flash their purple fingers.
Say what you will, but our founding fathers never intended for us to become global police, or to fight everyone elses wars.
You wonder why we are broke and other countries have more $$$ than we do for our own citizens, its easy to spend money when the U.S. is suppling you with our military and you dont have to pay for one of your own, right canada, spain, mexico, europe as a whole.........
I say cut off all overseas campaigns, bring our boy and girls home and use them to protect and guard all of our borders.....lets see what europe and mexico do then!
When the Federal Reserve cannot print money out of thin air, you can’t go to war in Afghanistan and bomb people back into the stone ages unless the American people support it and are willing to buy bonds and pay taxes to fund the damn army. That’s why. You can’t have all these vainglorious federal agencies and all this welfare programs and all this giveaway and all this redistribution of wealth if you can’t print the money. If people have to actually be taxed to fund Leviathan, the party is over because you’re not going to fork over 71 percent, which is what it’ll take of your income to the Fed so that they can benevolently distribute, redistribute it. And maybe you’ll get some of it back. This is why. That creature from Jekyll Island is the heart, it is the cancer, it is the root, as our Lord and Savior Jesus Christ would say, of much of the evil. It’s not all of it. But it does enable the war machine.
Ladies and gentlemen, we have to stop, as a people we have got to stop this – we’ve got to stop these wars. I don’t know where it is lost on the American public that somehow we have always been a nation at war, and that it’s our job to go overseas and fight other people’s war. “Well, we’ve got fight for democracy and freedom in Israel....really, do we?” Israel will do its own fighting, if we would just get the hell out of the way – how many of you people are watching that HBO miniseries “The Pacific”? It’s horrible. You’re all gung-ho about going to war, watch “The Pacific” and then come back and tell me how gung-ho you were about it. Now, it may have been necessary to fight the Japanese. I’m not arguing that. But war is hell, as some northern aggressive Yankee general once said.
Not only that, how did they fund World War II? Roosevelt actually had to have guys like Basilone, Sgt. Basilone out there selling bonds. They had to do tours. People had to empty their piggy banks out. Taxes had to be doubled. They couldn’t borrow the money. We actually had to pay for it. You don’t want to pay for your war. If we had to pay for the Iraq war, it would have been over long ago. If we had to pay for this fruitless exercise in Afghanistan, pay for it, today, it would be over. If we actually had to pay directly for the occupation of 134, 136 countries, I lose track, it would be over. Much of it would be over.
People don’t understand this. “Oh, it’s conservative to build giant war machines.” We outspend the known universe on armaments. I thought we were a nation of peace. I thought all we wanted to do was live in liberty and freedom and have the rest of the world admire us and what have you. But, no, we’ve got to export war. It’s not a conservative position, ladies and gentlemen. Go back and read your history. Is war necessary? Now, I didn’t say war was never necessary. But we should go to war as one nation under God and with a clear mission to get in, win, and get out. If we all agree that we should, and then we all have to agree that we’re willing to pay for it. You’re not paying for it right now, baby.
And then we have this embarrassment, Olympia Snowe. “I represent the people of Maine who haven’t gotten enough welfare from the other 49 states.” This is just ridiculous. This is why I can’t stand party affiliations anymore. What is the point of having this so-called party that is basically the lower chamber of the other party? That’s what it is.
It’s not fair and balanced because fair and balanced implies that there is validity to the other argument. If you’re an American, and you’re supposed to live in the land of the free and the mobile home of the brave, most times there isn’t validity in the other argument. We should not have to be a people that discusses every two years whether or not we want to become the Soviet Union, for crying out loud. Why don’t we discuss what to do with all the freedom and liberty that we have? How can we make new and more better stuff? How can we continue our great moral traditions and support our great moral institutions? But no. We have to have fair and balanced discussions on the merits of Stalinism and Maoism and Trotskyism and Leninism and Marxism and Castro-ism and Hugo Chavez-ism and farcism and every other ism you can name, vs. little, tiny – what did Washington Irving call James Madison? “Poor withered little applejohn, James Madison.” You`ve never heard that before, dont have a clue what I`m talking about?” That’s because you don’t study history.
My favorite part of this resurgence of the Constitution is the discussion of foreign policy. There is nothing that will make a unionized, blue-collar person that fancies themselves a conservative’s head spin, flinging spittle across rooms, screaming and hollering, than a discussion of downsizing foreign policy and the military. “You can’t have – it’s heresy. You’re irresponsible. You’re going to get people killed” Let me tell you about getting people killed. You know what milestone was passed today, sadly? And I’m not going to harp on this because I do love with every fiber of my being those guys and gals that sign up to wear our uniform. I just think that they are pawns in a larger game. Many of them have signed up for the right motives, because they want to protect and defend freedom and liberty.
Today we pass a grim milestone, though. Ladies and gentlemen, there was an attack yesterday in Afghanistan. And with the results of that deadly attack, we now have 1,000 Americans dead in the Afghanistan war, which began in earnest in October or early November of 2001, after the 9/11 attacks. “I bet you ask what should we have done after 9/11, smart guy? Dumbass? Careless, reckless, paleocon, libertarian, anarchist kook?” As Congressman Paul had suggested at the time, letters of marque and reprisal. We should have gone after the actual perpetrators, which we did. And then once we were done, we should have stopped inventing boogeymen, which we did. And now look at the blood and treasure that has been expended. What, so Iraqis can run around and flash their purple fingers.
Say what you will, but our founding fathers never intended for us to become global police, or to fight everyone elses wars.
You wonder why we are broke and other countries have more $$$ than we do for our own citizens, its easy to spend money when the U.S. is suppling you with our military and you dont have to pay for one of your own, right canada, spain, mexico, europe as a whole.........
I say cut off all overseas campaigns, bring our boy and girls home and use them to protect and guard all of our borders.....lets see what europe and mexico do then!
Wednesday, May 19, 2010
Either we’re going to get back to taking founders’ red pills and get back to federalism and little “r” republicanism, or just give up
When you have taken the founders’ red pill, ladies and gentlemen, then you will cast a jaundiced eye on $640 billion of military spending. If you have taken the founders’ red pill, you know that the creature that was created from Jekyll Island in 1913 needs to be investigated, needs to be micromanaged by Congress, and you know that we need to get rid of fiat paper currency and get back to one backed by a commodity – silver, gold, palladium, platinum, doesn’t matter. You know that it is not conservative to start entire departments to micromanage the affairs of the people living in the several states, if you’ve taken the founders’ red pill.
This is what this election in 2010 ought to be all about. Either we’re going to get back to taking founders’ red pills and get back to federalism and little “r” republicanism, or just give up. Let Obama become Hitler. Let Obama become Mao. Enjoy it. Let Michelle Obama set your diet for you. It’s not so bad. They’ll still let a few of us go out and work. Some of us will be able to drive. It’s okay. All right, I may have been exaggerating about them letting us drive. Unless you’re driving a Government Motors car. Because a Supreme Court that’s going to uphold that Congress can make you buy health insurance can also make you buy a Government Motors car, and can also make you buy products that don’t have salt in them.
Ladies and gentlemen, there is no electoral solution to the problems that ail us. There isn’t one. I’m sorry. I don’t mean to rain on your parade. But there isn’t one. You can vote all you want. You can vote from now until 2050. And unless you return power back to the states and back to the counties and back to the cities and away from that monster, that Mordor on the Potomac with its giant gleaming red eye, hell bent and heaven sent on confiscating every last nickel that your [indiscernible] could ever earn. Hell, they’re going after what your grandkids are going to earn now. Unless you’re willing to take that beast on, and that requires you to take the founders’ red pill, well, then, good luck with all that.
And I say that the most important race in electoral politics this year, or thus far, is happening. Wasn’t Scott Brown in Taxachusetts because Scott Brown is a DeceptiCon. Scott Brown is a big government Republican. He would keep every federal agency just as it is, consecrated as it is, and fully staffed, long as you were willing to pay the taxes to support it. But Ron Paul’s young son, Rand Paul in Kentucky, doesn’t want to keep the federal edifice the way it is. He actually believes that there’s this thing called the Tenth Amendment, and he actually believes that it prohibits Congress from doing certain things. And he actually believes that it prohibits Congress from telling the states what they can and cannot do. And with the exception of a few limited instances. What about the Ninth Amendment? The Ninth Amendment says, hey, just because we may have forgotten to tell Congress that it couldn’t do a certain number of things does not mean that they can. And just because we only enumerated a few things that we’re reserving, we’re reserving all the rest that are non-enumerated, that we didn’t write down. All the rights, in other words. Well, Rand Paul – this race in Kentucky today is between a big capital “R,” big government Republican, chosen by the elite East Coast establishment, and someone who isn’t. And that’s what it comes down to.
Now, if I had an actual issue here, and we will have one coming up here I’m sure in the next day or so, or this week, we’ll get to it. Shocked by what you just heard? Shocked? You shouldn’t be. Fact of the matter is you’ve been playing Red Sox vs. Yankees, red vs. blue, liberal vs. conservative. “Fair and balanced, it’s fair and balanced.” And parties are at least – or the parties are at fault here. They want you to play that game. That keeps them in power. But then again, these are difficult things to say, and even more difficult to grasp, and damn near impossible to admit to. Don’t expect you to get it in a day.
New York Slimes today, the Politics and Government Blog at the Times. “Three United States Senate primaries on Tuesday offer new signs of the election year intentions of America’s dyspeptic voters. A few voters, anyways. In Kentucky, Rand Paul’s bid for the Republican nomination will again test the strength of the Tea Party right against the establishment represented by Trey Grayson. In Arkansas, Lt. Gov. Bill Halter’s attempt to oust incumbent Democrat, Senator Blanche Lincoln....”
Now, remember, ladies and gentlemen, when Blanche Lincoln was voting for ObamaCare, porkulus-stimulus, takeover of GM, student loans, all this other stuff, she was known in Washington as Blanche Lincoln. “Oh, pleased to make your acquaintance. I’m Blanche Lincoln, the esteemed Senator from – don’t tell anyone that I come from Arkansas.” She was Blanche Lincoln at the Wagyu beef parties held by the Obamas. But now that she’s back in Arkansas, she’s Blanche Lincoln. Remember that, Arkansans. You’re voting for Blanche, not that it matters. Blah blah blah blah, blah blah blah. There is the implication here that just a – even if the Tea Party people show up, why, this is not a representation of real America.
So again, you tea partiers, you people that care about the Constitution, that care about limited government, that want to keep what you earn and not have it stolen from you at the point of the IRS’s gun, and then wealth transferred away to someone who hasn’t earned it, you’re the loser. You are vilified on the Miss USA contest. You’re vilified by the President. And now you’re vilified daily on the pages of The New York Slimes.
Folks, it doesn’t matter. It does not matter because you’re not reading the Slimes. The only reason you even know they’re still printing newspapers is because I keep telling you. You’re not reading the Washington Compost. The only reason you know they’re printing newspapers is because I keep telling you. You’re certainly not listening to OMSNBC or watching it because more people watch the Cartoon Network. The only reason you know that Dead Schultz, Rick Maddow, and Chrissy “Hissy Fit” Matthews are still alive is because I keep telling you....
But you are surfing the Internet. you’re going to many websites, and you’re listening to your radios. You’re getting the information. These people used to be able to deny you. This is why you are a threat, and you must be marginalized. If you ever think that you’re going to pick a newspaper up and you’re going to be heralded, that, why, look at this, the tea parties are – look what they did. Look what all these caring federalist Americans, little “r” republicans, acting as their founders acted, look at what they achieved at the ballot box. You’re never going to hear that. It’ll never happen.
This is what this election in 2010 ought to be all about. Either we’re going to get back to taking founders’ red pills and get back to federalism and little “r” republicanism, or just give up. Let Obama become Hitler. Let Obama become Mao. Enjoy it. Let Michelle Obama set your diet for you. It’s not so bad. They’ll still let a few of us go out and work. Some of us will be able to drive. It’s okay. All right, I may have been exaggerating about them letting us drive. Unless you’re driving a Government Motors car. Because a Supreme Court that’s going to uphold that Congress can make you buy health insurance can also make you buy a Government Motors car, and can also make you buy products that don’t have salt in them.
Ladies and gentlemen, there is no electoral solution to the problems that ail us. There isn’t one. I’m sorry. I don’t mean to rain on your parade. But there isn’t one. You can vote all you want. You can vote from now until 2050. And unless you return power back to the states and back to the counties and back to the cities and away from that monster, that Mordor on the Potomac with its giant gleaming red eye, hell bent and heaven sent on confiscating every last nickel that your [indiscernible] could ever earn. Hell, they’re going after what your grandkids are going to earn now. Unless you’re willing to take that beast on, and that requires you to take the founders’ red pill, well, then, good luck with all that.
And I say that the most important race in electoral politics this year, or thus far, is happening. Wasn’t Scott Brown in Taxachusetts because Scott Brown is a DeceptiCon. Scott Brown is a big government Republican. He would keep every federal agency just as it is, consecrated as it is, and fully staffed, long as you were willing to pay the taxes to support it. But Ron Paul’s young son, Rand Paul in Kentucky, doesn’t want to keep the federal edifice the way it is. He actually believes that there’s this thing called the Tenth Amendment, and he actually believes that it prohibits Congress from doing certain things. And he actually believes that it prohibits Congress from telling the states what they can and cannot do. And with the exception of a few limited instances. What about the Ninth Amendment? The Ninth Amendment says, hey, just because we may have forgotten to tell Congress that it couldn’t do a certain number of things does not mean that they can. And just because we only enumerated a few things that we’re reserving, we’re reserving all the rest that are non-enumerated, that we didn’t write down. All the rights, in other words. Well, Rand Paul – this race in Kentucky today is between a big capital “R,” big government Republican, chosen by the elite East Coast establishment, and someone who isn’t. And that’s what it comes down to.
Now, if I had an actual issue here, and we will have one coming up here I’m sure in the next day or so, or this week, we’ll get to it. Shocked by what you just heard? Shocked? You shouldn’t be. Fact of the matter is you’ve been playing Red Sox vs. Yankees, red vs. blue, liberal vs. conservative. “Fair and balanced, it’s fair and balanced.” And parties are at least – or the parties are at fault here. They want you to play that game. That keeps them in power. But then again, these are difficult things to say, and even more difficult to grasp, and damn near impossible to admit to. Don’t expect you to get it in a day.
New York Slimes today, the Politics and Government Blog at the Times. “Three United States Senate primaries on Tuesday offer new signs of the election year intentions of America’s dyspeptic voters. A few voters, anyways. In Kentucky, Rand Paul’s bid for the Republican nomination will again test the strength of the Tea Party right against the establishment represented by Trey Grayson. In Arkansas, Lt. Gov. Bill Halter’s attempt to oust incumbent Democrat, Senator Blanche Lincoln....”
Now, remember, ladies and gentlemen, when Blanche Lincoln was voting for ObamaCare, porkulus-stimulus, takeover of GM, student loans, all this other stuff, she was known in Washington as Blanche Lincoln. “Oh, pleased to make your acquaintance. I’m Blanche Lincoln, the esteemed Senator from – don’t tell anyone that I come from Arkansas.” She was Blanche Lincoln at the Wagyu beef parties held by the Obamas. But now that she’s back in Arkansas, she’s Blanche Lincoln. Remember that, Arkansans. You’re voting for Blanche, not that it matters. Blah blah blah blah, blah blah blah. There is the implication here that just a – even if the Tea Party people show up, why, this is not a representation of real America.
So again, you tea partiers, you people that care about the Constitution, that care about limited government, that want to keep what you earn and not have it stolen from you at the point of the IRS’s gun, and then wealth transferred away to someone who hasn’t earned it, you’re the loser. You are vilified on the Miss USA contest. You’re vilified by the President. And now you’re vilified daily on the pages of The New York Slimes.
Folks, it doesn’t matter. It does not matter because you’re not reading the Slimes. The only reason you even know they’re still printing newspapers is because I keep telling you. You’re not reading the Washington Compost. The only reason you know they’re printing newspapers is because I keep telling you. You’re certainly not listening to OMSNBC or watching it because more people watch the Cartoon Network. The only reason you know that Dead Schultz, Rick Maddow, and Chrissy “Hissy Fit” Matthews are still alive is because I keep telling you....
But you are surfing the Internet. you’re going to many websites, and you’re listening to your radios. You’re getting the information. These people used to be able to deny you. This is why you are a threat, and you must be marginalized. If you ever think that you’re going to pick a newspaper up and you’re going to be heralded, that, why, look at this, the tea parties are – look what they did. Look what all these caring federalist Americans, little “r” republicans, acting as their founders acted, look at what they achieved at the ballot box. You’re never going to hear that. It’ll never happen.
To all the progressives and libs that are demonizing the az immigration bill without ever reading the bill, here it is....
I would love for you libs to show me just one line in this bill that calls for racial profiling, or even implie it!
It cant be done cause its not in here!
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Senate Engrossed
State of Arizona
Senate
Forty-ninth Legislature
Second Regular Session
2010
SENATE BILL 1070
AN ACT
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; AMENDING SECTION 13-2319, ARIZONA REVISED STATUTES; AMENDING TITLE
13, CHAPTER 29, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 13-2928 AND
13-2929; AMENDING SECTIONS 23-212, 23-212.01, 23-214 AND 28-3511, ARIZONA
REVISED STATUTES; AMENDING TITLE 41, CHAPTER 12, ARTICLE 2, ARIZONA REVISED
STATUTES, BY ADDING SECTION 41-1724; RELATING TO UNLAWFULLY PRESENT ALIENS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
S.B. 1070
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1 Be it enacted by the Legislature of the State of Arizona:
2 Section 1. Intent
3 The legislature finds that there is a compelling interest in the
4 cooperative enforcement of federal immigration laws throughout all of
5 Arizona. The legislature declares that the intent of this act is to make
6 attrition through enforcement the public policy of all state and local
7 government agencies in Arizona. The provisions of this act are intended to
8 work together to discourage and deter the unlawful entry and presence of
9 aliens and economic activity by persons unlawfully present in the United
10 States.
11 Sec. 2. Title 11, chapter 7, Arizona Revised Statutes, is amended by
12 adding article 8, to read:
13 ARTICLE 8. ENFORCEMENT OF IMMIGRATION LAWS
14 11-1051. Cooperation and assistance in enforcement of
15 immigration laws; indemnification
16 A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR
17 OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR
18 RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
19 EXTENT PERMITTED BY FEDERAL LAW.
20 B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY
21 OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS
22 STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS
23 UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE,
24 WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE
25 PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT
26 PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
27 C. IF AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IS
28 CONVICTED OF A VIOLATION OF STATE OR LOCAL LAW, ON DISCHARGE FROM
29 IMPRISONMENT OR ASSESSMENT OF ANY FINE THAT IS IMPOSED, THE ALIEN SHALL BE
30 TRANSFERRED IMMEDIATELY TO THE CUSTODY OF THE UNITED STATES IMMIGRATION AND
31 CUSTOMS ENFORCEMENT OR THE UNITED STATES CUSTOMS AND BORDER PROTECTION.
32 D. NOTWITHSTANDING ANY OTHER LAW, A LAW ENFORCEMENT AGENCY MAY
33 SECURELY TRANSPORT AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES
34 AND WHO IS IN THE AGENCY'S CUSTODY TO A FEDERAL FACILITY IN THIS STATE OR TO
35 ANY OTHER POINT OF TRANSFER INTO FEDERAL CUSTODY THAT IS OUTSIDE THE
36 JURISDICTION OF THE LAW ENFORCEMENT AGENCY.
37 E. A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON
38 IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED
39 ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES.
40 F. EXCEPT AS PROVIDED IN FEDERAL LAW, OFFICIALS OR AGENCIES OF THIS
41 STATE AND COUNTIES, CITIES, TOWNS AND OTHER POLITICAL SUBDIVISIONS OF THIS
42 STATE MAY NOT BE PROHIBITED OR IN ANY WAY BE RESTRICTED FROM SENDING,
43 RECEIVING OR MAINTAINING INFORMATION RELATING TO THE IMMIGRATION STATUS OF
44 ANY INDIVIDUAL OR EXCHANGING THAT INFORMATION WITH ANY OTHER FEDERAL, STATE
45 OR LOCAL GOVERNMENTAL ENTITY FOR THE FOLLOWING OFFICIAL PURPOSES:
S.B. 1070
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1 1. DETERMINING ELIGIBILITY FOR ANY PUBLIC BENEFIT, SERVICE OR LICENSE
2 PROVIDED BY ANY FEDERAL, STATE, LOCAL OR OTHER POLITICAL SUBDIVISION OF THIS
3 STATE.
4 2. VERIFYING ANY CLAIM OF RESIDENCE OR DOMICILE IF DETERMINATION OF
5 RESIDENCE OR DOMICILE IS REQUIRED UNDER THE LAWS OF THIS STATE OR A JUDICIAL
6 ORDER ISSUED PURSUANT TO A CIVIL OR CRIMINAL PROCEEDING IN THIS STATE.
7 3. CONFIRMING THE IDENTITY OF ANY PERSON WHO IS DETAINED.
8 4. IF THE PERSON IS AN ALIEN, DETERMINING WHETHER THE PERSON IS IN
9 COMPLIANCE WITH THE FEDERAL REGISTRATION LAWS PRESCRIBED BY TITLE II, CHAPTER
10 7 OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT.
11 G. A PERSON MAY BRING AN ACTION IN SUPERIOR COURT TO CHALLENGE ANY
12 OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL
13 SUBDIVISION OF THIS STATE THAT ADOPTS OR IMPLEMENTS A POLICY THAT LIMITS OR
14 RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
15 EXTENT PERMITTED BY FEDERAL LAW. IF THERE IS A JUDICIAL FINDING THAT AN
16 ENTITY HAS VIOLATED THIS SECTION, THE COURT SHALL ORDER ANY OF THE FOLLOWING:
17 1. THAT THE PERSON WHO BROUGHT THE ACTION RECOVER COURT COSTS AND
18 ATTORNEY FEES.
19 2. THAT THE ENTITY PAY A CIVIL PENALTY OF NOT LESS THAN ONE THOUSAND
20 DOLLARS AND NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH DAY THAT THE POLICY
21 HAS REMAINED IN EFFECT AFTER THE FILING OF AN ACTION PURSUANT TO THIS
22 SUBSECTION.
23 H. A COURT SHALL COLLECT THE CIVIL PENALTY PRESCRIBED IN SUBSECTION G
24 AND REMIT THE CIVIL PENALTY TO THE DEPARTMENT OF PUBLIC SAFETY FOR DEPOSIT IN
25 THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND
26 ESTABLISHED BY SECTION 41-1724.
27 I. A LAW ENFORCEMENT OFFICER IS INDEMNIFIED BY THE LAW ENFORCEMENT
28 OFFICER'S AGENCY AGAINST REASONABLE COSTS AND EXPENSES, INCLUDING ATTORNEY
29 FEES, INCURRED BY THE OFFICER IN CONNECTION WITH ANY ACTION, SUIT OR
30 PROCEEDING BROUGHT PURSUANT TO THIS SECTION TO WHICH THE OFFICER MAY BE A
31 PARTY BY REASON OF THE OFFICER BEING OR HAVING BEEN A MEMBER OF THE LAW
32 ENFORCEMENT AGENCY, EXCEPT IN RELATION TO MATTERS IN WHICH THE OFFICER IS
33 ADJUDGED TO HAVE ACTED IN BAD FAITH.
34 J. THIS SECTION SHALL BE IMPLEMENTED IN A MANNER CONSISTENT WITH
35 FEDERAL LAWS REGULATING IMMIGRATION, PROTECTING THE CIVIL RIGHTS OF ALL
36 PERSONS AND RESPECTING THE PRIVILEGES AND IMMUNITIES OF UNITED STATES
37 CITIZENS.
38 Sec. 3. Title 13, chapter 15, Arizona Revised Statutes, is amended by
39 adding section 13-1509, to read:
40 13-1509. Trespassing by illegal aliens; assessment; exception;
41 classification
42 A. IN ADDITION TO ANY VIOLATION OF FEDERAL LAW, A PERSON IS GUILTY OF
43 TRESPASSING IF THE PERSON IS BOTH:
44 1. PRESENT ON ANY PUBLIC OR PRIVATE LAND IN THIS STATE.
45 2. IN VIOLATION OF 8 UNITED STATES CODE SECTION 1304(e) OR 1306(a).
S.B. 1070
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1 B. IN THE ENFORCEMENT OF THIS SECTION, THE FINAL DETERMINATION OF AN
2 ALIEN'S IMMIGRATION STATUS SHALL BE DETERMINED BY EITHER:
3 1. A LAW ENFORCEMENT OFFICER WHO IS AUTHORIZED BY THE FEDERAL
4 GOVERNMENT TO VERIFY OR ASCERTAIN AN ALIEN'S IMMIGRATION STATUS.
5 2. A LAW ENFORCEMENT OFFICER OR AGENCY COMMUNICATING WITH THE UNITED
6 STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED STATES BORDER
7 PROTECTION PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
8 C. A PERSON WHO IS SENTENCED PURSUANT TO THIS SECTION IS NOT ELIGIBLE
9 FOR SUSPENSION OR COMMUTATION OF SENTENCE OR RELEASE ON ANY BASIS UNTIL THE
10 SENTENCE IMPOSED IS SERVED.
11 D. IN ADDITION TO ANY OTHER PENALTY PRESCRIBED BY LAW, THE COURT SHALL
12 ORDER THE PERSON TO PAY JAIL COSTS AND AN ADDITIONAL ASSESSMENT IN THE
13 FOLLOWING AMOUNTS:
14 1. AT LEAST FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION.
15 2. TWICE THE AMOUNT SPECIFIED IN PARAGRAPH 1 OF THIS SUBSECTION IF THE
16 PERSON WAS PREVIOUSLY SUBJECT TO AN ASSESSMENT PURSUANT TO THIS SUBSECTION.
17 E. A COURT SHALL COLLECT THE ASSESSMENTS PRESCRIBED IN SUBSECTION D OF
18 THIS SECTION AND REMIT THE ASSESSMENTS TO THE DEPARTMENT OF PUBLIC SAFETY,
19 WHICH SHALL ESTABLISH A SPECIAL SUBACCOUNT FOR THE MONIES IN THE ACCOUNT
20 ESTABLISHED FOR THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT
21 MISSION APPROPRIATION. MONIES IN THE SPECIAL SUBACCOUNT ARE SUBJECT TO
22 LEGISLATIVE APPROPRIATION FOR DISTRIBUTION FOR GANG AND IMMIGRATION
23 ENFORCEMENT AND FOR COUNTY JAIL REIMBURSEMENT COSTS RELATING TO ILLEGAL
24 IMMIGRATION.
25 F. THIS SECTION DOES NOT APPLY TO A PERSON WHO MAINTAINS AUTHORIZATION
26 FROM THE FEDERAL GOVERNMENT TO REMAIN IN THE UNITED STATES.
27 G. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR, EXCEPT THAT A
28 VIOLATION OF THIS SECTION IS:
29 1. A CLASS 3 FELONY IF THE PERSON VIOLATES THIS SECTION WHILE IN
30 POSSESSION OF ANY OF THE FOLLOWING:
31 (a) A DANGEROUS DRUG AS DEFINED IN SECTION 13-3401.
32 (b) PRECURSOR CHEMICALS THAT ARE USED IN THE MANUFACTURING OF
33 METHAMPHETAMINE IN VIOLATION OF SECTION 13-3404.01.
34 (c) A DEADLY WEAPON OR A DANGEROUS INSTRUMENT, AS DEFINED IN SECTION
35 13-105.
36 (d) PROPERTY THAT IS USED FOR THE PURPOSE OF COMMITTING AN ACT OF
37 TERRORISM AS PRESCRIBED IN SECTION 13-2308.01.
38 2. A CLASS 4 FELONY IF THE PERSON EITHER:
39 (a) IS CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF THIS SECTION.
40 (b) WITHIN SIXTY MONTHS BEFORE THE VIOLATION, HAS BEEN REMOVED FROM
41 THE UNITED STATES PURSUANT TO 8 UNITED STATES CODE SECTION 1229a OR HAS
42 ACCEPTED A VOLUNTARY REMOVAL FROM THE UNITED STATES PURSUANT TO 8 UNITED
43 STATES CODE SECTION 1229c.
S.B. 1070
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1 Sec. 4. Section 13-2319, Arizona Revised Statutes, is amended to read:
2 13-2319. Smuggling; classification; definitions
3 A. It is unlawful for a person to intentionally engage in the
4 smuggling of human beings for profit or commercial purpose.
5 B. A violation of this section is a class 4 felony.
6 C. Notwithstanding subsection B of this section, a violation of this
7 section:
8 1. Is a class 2 felony if the human being who is smuggled is under
9 eighteen years of age and is not accompanied by a family member over eighteen
10 years of age or the offense involved the use of a deadly weapon or dangerous
11 instrument.
12 2. Is a class 3 felony if the offense involves the use or threatened
13 use of deadly physical force and the person is not eligible for suspension of
14 sentence, probation, pardon or release from confinement on any other basis
15 except pursuant to section 31-233, subsection A or B until the sentence
16 imposed by the court is served, the person is eligible for release pursuant
17 to section 41-1604.07 or the sentence is commuted.
18 D. Chapter 10 of this title does not apply to a violation of
19 subsection C, paragraph 1 of this section.
20 E. NOTWITHSTANDING ANY OTHER LAW, A PEACE OFFICER MAY LAWFULLY STOP
21 ANY PERSON WHO IS OPERATING A MOTOR VEHICLE IF THE OFFICER HAS REASONABLE
22 SUSPICION TO BELIEVE THE PERSON IS IN VIOLATION OF ANY CIVIL TRAFFIC LAW AND
23 THIS SECTION.
24 E. F. For the purposes of this section:
25 1. "Family member" means the person's parent, grandparent, sibling or
26 any other person who is related to the person by consanguinity or affinity to
27 the second degree.
28 2. "Procurement of transportation" means any participation in or
29 facilitation of transportation and includes:
30 (a) Providing services that facilitate transportation including travel
31 arrangement services or money transmission services.
32 (b) Providing property that facilitates transportation, including a
33 weapon, a vehicle or other means of transportation or false identification,
34 or selling, leasing, renting or otherwise making available a drop house as
35 defined in section 13-2322.
36 3. "Smuggling of human beings" means the transportation, procurement
37 of transportation or use of property or real property by a person or an
38 entity that knows or has reason to know that the person or persons
39 transported or to be transported are not United States citizens, permanent
40 resident aliens or persons otherwise lawfully in this state or have attempted
41 to enter, entered or remained in the United States in violation of law.
S.B. 1070
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1 Sec. 5. Title 13, chapter 29, Arizona Revised Statutes, is amended by
2 adding sections 13-2928 and 13-2929, to read:
3 13-2928. Unlawful stopping to hire and pick up passengers for
4 work; unlawful application, solicitation or
5 employment; classification; definitions
6 A. IT IS UNLAWFUL FOR AN OCCUPANT OF A MOTOR VEHICLE THAT IS STOPPED
7 ON A STREET, ROADWAY OR HIGHWAY TO ATTEMPT TO HIRE OR HIRE AND PICK UP
8 PASSENGERS FOR WORK AT A DIFFERENT LOCATION IF THE MOTOR VEHICLE BLOCKS OR
9 IMPEDES THE NORMAL MOVEMENT OF TRAFFIC.
10 B. IT IS UNLAWFUL FOR A PERSON TO ENTER A MOTOR VEHICLE THAT IS
11 STOPPED ON A STREET, ROADWAY OR HIGHWAY IN ORDER TO BE HIRED BY AN OCCUPANT
12 OF THE MOTOR VEHICLE AND TO BE TRANSPORTED TO WORK AT A DIFFERENT LOCATION IF
13 THE MOTOR VEHICLE BLOCKS OR IMPEDES THE NORMAL MOVEMENT OF TRAFFIC.
14 C. IT IS UNLAWFUL FOR A PERSON WHO IS UNLAWFULLY PRESENT IN THE UNITED
15 STATES AND WHO IS AN UNAUTHORIZED ALIEN TO KNOWINGLY APPLY FOR WORK, SOLICIT
16 WORK IN A PUBLIC PLACE OR PERFORM WORK AS AN EMPLOYEE OR INDEPENDENT
17 CONTRACTOR IN THIS STATE.
18 D. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR.
19 E. FOR THE PURPOSES OF THIS SECTION:
20 1. "SOLICIT" MEANS VERBAL OR NONVERBAL COMMUNICATION BY A GESTURE OR A
21 NOD THAT WOULD INDICATE TO A REASONABLE PERSON THAT A PERSON IS WILLING TO BE
22 EMPLOYED.
23 2. "UNAUTHORIZED ALIEN" MEANS AN ALIEN WHO DOES NOT HAVE THE LEGAL
24 RIGHT OR AUTHORIZATION UNDER FEDERAL LAW TO WORK IN THE UNITED STATES AS
25 DESCRIBED IN 8 UNITED STATES CODE SECTION 1324a(h)(3).
26 13-2929. Unlawful transporting, moving, concealing, harboring
27 or shielding of unlawful aliens; vehicle
28 impoundment; classification
29 A. IT IS UNLAWFUL FOR A PERSON WHO IS IN VIOLATION OF A CRIMINAL
30 OFFENSE TO:
31 1. TRANSPORT OR MOVE OR ATTEMPT TO TRANSPORT OR MOVE AN ALIEN IN THIS
32 STATE IN A MEANS OF TRANSPORTATION IF THE PERSON KNOWS OR RECKLESSLY
33 DISREGARDS THE FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE
34 UNITED STATES IN VIOLATION OF LAW.
35 2. CONCEAL, HARBOR OR SHIELD OR ATTEMPT TO CONCEAL, HARBOR OR SHIELD
36 AN ALIEN FROM DETECTION IN ANY PLACE IN THIS STATE, INCLUDING ANY BUILDING OR
37 ANY MEANS OF TRANSPORTATION, IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE
38 FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES
39 IN VIOLATION OF LAW.
40 3. ENCOURAGE OR INDUCE AN ALIEN TO COME TO OR RESIDE IN THIS STATE IF
41 THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT SUCH COMING TO,
42 ENTERING OR RESIDING IN THIS STATE IS OR WILL BE IN VIOLATION OF LAW.
43 B. A MEANS OF TRANSPORTATION THAT IS USED IN THE COMMISSION OF A
44 VIOLATION OF THIS SECTION IS SUBJECT TO MANDATORY VEHICLE IMMOBILIZATION OR
45 IMPOUNDMENT PURSUANT TO SECTION 28-3511.
S.B. 1070
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1 C. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 1
2 MISDEMEANOR AND IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND DOLLARS, EXCEPT
3 THAT A VIOLATION OF THIS SECTION THAT INVOLVES TEN OR MORE ILLEGAL ALIENS IS
4 A CLASS 6 FELONY AND THE PERSON IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND
5 DOLLARS FOR EACH ALIEN WHO IS INVOLVED.
6 Sec. 6. Section 23-212, Arizona Revised Statutes, is amended to read:
7 23-212. Knowingly employing unauthorized aliens; prohibition;
8 false and frivolous complaints; violation;
9 classification; license suspension and revocation;
10 affirmative defense
11 A. An employer shall not knowingly employ an unauthorized alien. If,
12 in the case when an employer uses a contract, subcontract or other
13 independent contractor agreement to obtain the labor of an alien in this
14 state, the employer knowingly contracts with an unauthorized alien or with a
15 person who employs or contracts with an unauthorized alien to perform the
16 labor, the employer violates this subsection.
17 B. The attorney general shall prescribe a complaint form for a person
18 to allege a violation of subsection A of this section. The complainant shall
19 not be required to list the complainant's social security number on the
20 complaint form or to have the complaint form notarized. On receipt of a
21 complaint on a prescribed complaint form that an employer allegedly knowingly
22 employs an unauthorized alien, the attorney general or county attorney shall
23 investigate whether the employer has violated subsection A of this section.
24 If a complaint is received but is not submitted on a prescribed complaint
25 form, the attorney general or county attorney may investigate whether the
26 employer has violated subsection A of this section. This subsection shall
27 not be construed to prohibit the filing of anonymous complaints that are not
28 submitted on a prescribed complaint form. The attorney general or county
29 attorney shall not investigate complaints that are based solely on race,
30 color or national origin. A complaint that is submitted to a county attorney
31 shall be submitted to the county attorney in the county in which the alleged
32 unauthorized alien is or was employed by the employer. The county sheriff or
33 any other local law enforcement agency may assist in investigating a
34 complaint. When investigating a complaint, the attorney general or county
35 attorney shall verify the work authorization of the alleged unauthorized
36 alien with the federal government pursuant to 8 United States Code section
37 1373(c). A state, county or local official shall not attempt to
38 independently make a final determination on whether an alien is authorized to
39 work in the United States. An alien's immigration status or work
40 authorization status shall be verified with the federal government pursuant
41 to 8 United States Code section 1373(c). A person who knowingly files a
42 false and frivolous complaint under this subsection is guilty of a class 3
43 misdemeanor.
S.B. 1070
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1 C. If, after an investigation, the attorney general or county attorney
2 determines that the complaint is not false and frivolous:
3 1. The attorney general or county attorney shall notify the United
4 States immigration and customs enforcement of the unauthorized alien.
5 2. The attorney general or county attorney shall notify the local law
6 enforcement agency of the unauthorized alien.
7 3. The attorney general shall notify the appropriate county attorney
8 to bring an action pursuant to subsection D of this section if the complaint
9 was originally filed with the attorney general.
10 D. An action for a violation of subsection A of this section shall be
11 brought against the employer by the county attorney in the county where the
12 unauthorized alien employee is or was employed by the employer. The county
13 attorney shall not bring an action against any employer for any violation of
14 subsection A of this section that occurs before January 1, 2008. A second
15 violation of this section shall be based only on an unauthorized alien who is
16 or was employed by the employer after an action has been brought for a
17 violation of subsection A of this section or section 23-212.01, subsection A.
18 E. For any action in superior court under this section, the court
19 shall expedite the action, including assigning the hearing at the earliest
20 practicable date.
21 F. On a finding of a violation of subsection A of this section:
22 1. For a first violation, as described in paragraph 3 of this
23 subsection, the court:
24 (a) Shall order the employer to terminate the employment of all
25 unauthorized aliens.
26 (b) Shall order the employer to be subject to a three year
27 probationary period for the business location where the unauthorized alien
28 performed work. During the probationary period the employer shall file
29 quarterly reports in the form provided in section 23-722.01 with the county
30 attorney of each new employee who is hired by the employer at the business
31 location where the unauthorized alien performed work.
32 (c) Shall order the employer to file a signed sworn affidavit with the
33 county attorney within three business days after the order is issued. The
34 affidavit shall state that the employer has terminated the employment of all
35 unauthorized aliens in this state and that the employer will not
36 intentionally or knowingly employ an unauthorized alien in this state. The
37 court shall order the appropriate agencies to suspend all licenses subject to
38 this subdivision that are held by the employer if the employer fails to file
39 a signed sworn affidavit with the county attorney within three business days
40 after the order is issued. All licenses that are suspended under this
41 subdivision shall remain suspended until the employer files a signed sworn
42 affidavit with the county attorney. Notwithstanding any other law, on filing
43 of the affidavit the suspended licenses shall be reinstated immediately by
44 the appropriate agencies. For the purposes of this subdivision, the licenses
45 that are subject to suspension under this subdivision are all licenses that
S.B. 1070
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1 are held by the employer specific to the business location where the
2 unauthorized alien performed work. If the employer does not hold a license
3 specific to the business location where the unauthorized alien performed
4 work, but a license is necessary to operate the employer's business in
5 general, the licenses that are subject to suspension under this subdivision
6 are all licenses that are held by the employer at the employer's primary
7 place of business. On receipt of the court's order and notwithstanding any
8 other law, the appropriate agencies shall suspend the licenses according to
9 the court's order. The court shall send a copy of the court's order to the
10 attorney general and the attorney general shall maintain the copy pursuant to
11 subsection G of this section.
12 (d) May order the appropriate agencies to suspend all licenses
13 described in subdivision (c) of this paragraph that are held by the employer
14 for not to exceed ten business days. The court shall base its decision to
15 suspend under this subdivision on any evidence or information submitted to it
16 during the action for a violation of this subsection and shall consider the
17 following factors, if relevant:
18 (i) The number of unauthorized aliens employed by the employer.
19 (ii) Any prior misconduct by the employer.
20 (iii) The degree of harm resulting from the violation.
21 (iv) Whether the employer made good faith efforts to comply with any
22 applicable requirements.
23 (v) The duration of the violation.
24 (vi) The role of the directors, officers or principals of the employer
25 in the violation.
26 (vii) Any other factors the court deems appropriate.
27 2. For a second violation, as described in paragraph 3 of this
28 subsection, the court shall order the appropriate agencies to permanently
29 revoke all licenses that are held by the employer specific to the business
30 location where the unauthorized alien performed work. If the employer does
31 not hold a license specific to the business location where the unauthorized
32 alien performed work, but a license is necessary to operate the employer's
33 business in general, the court shall order the appropriate agencies to
34 permanently revoke all licenses that are held by the employer at the
35 employer's primary place of business. On receipt of the order and
36 notwithstanding any other law, the appropriate agencies shall immediately
37 revoke the licenses.
38 3. The violation shall be considered:
39 (a) A first violation by an employer at a business location if the
40 violation did not occur during a probationary period ordered by the court
41 under this subsection or section 23-212.01, subsection F for that employer's
42 business location.
43 (b) A second violation by an employer at a business location if the
44 violation occurred during a probationary period ordered by the court under
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1 this subsection or section 23-212.01, subsection F for that employer's
2 business location.
3 G. The attorney general shall maintain copies of court orders that are
4 received pursuant to subsection F of this section and shall maintain a
5 database of the employers and business locations that have a first violation
6 of subsection A of this section and make the court orders available on the
7 attorney general's website.
8 H. On determining whether an employee is an unauthorized alien, the
9 court shall consider only the federal government's determination pursuant to
10 8 United States Code section 1373(c). The federal government's determination
11 creates a rebuttable presumption of the employee's lawful status. The court
12 may take judicial notice of the federal government's determination and may
13 request the federal government to provide automated or testimonial
14 verification pursuant to 8 United States Code section 1373(c).
15 I. For the purposes of this section, proof of verifying the employment
16 authorization of an employee through the e-verify program creates a
17 rebuttable presumption that an employer did not knowingly employ an
18 unauthorized alien.
19 J. For the purposes of this section, an employer that establishes that
20 it has complied in good faith with the requirements of 8 United States Code
21 section 1324a(b) establishes an affirmative defense that the employer did not
22 knowingly employ an unauthorized alien. An employer is considered to have
23 complied with the requirements of 8 United States Code section 1324a(b),
24 notwithstanding an isolated, sporadic or accidental technical or procedural
25 failure to meet the requirements, if there is a good faith attempt to comply
26 with the requirements.
27 K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS
28 SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE EMPLOYER
29 MUST ADMIT BY THE EMPLOYER'S TESTIMONY OR OTHER EVIDENCE THE SUBSTANTIAL
30 ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN ENTRAPMENT DEFENSE HAS
31 THE BURDEN OF PROVING THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE:
32 1. THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT
33 OFFICERS OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER.
34 2. THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE
35 EMPLOYER TO COMMIT THE VIOLATION.
36 3. THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE
37 LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE EMPLOYER TO
38 COMMIT THE VIOLATION.
39 L. AN EMPLOYER DOES NOT ESTABLISH ENTRAPMENT IF THE EMPLOYER WAS
40 PREDISPOSED TO VIOLATE SUBSECTION A OF THIS SECTION AND THE LAW ENFORCEMENT
41 OFFICERS OR THEIR AGENTS MERELY PROVIDED THE EMPLOYER WITH AN OPPORTUNITY TO
42 COMMIT THE VIOLATION. IT IS NOT ENTRAPMENT FOR LAW ENFORCEMENT OFFICERS OR
43 THEIR AGENTS MERELY TO USE A RUSE OR TO CONCEAL THEIR IDENTITY. THE CONDUCT
44 OF LAW ENFORCEMENT OFFICERS AND THEIR AGENTS MAY BE CONSIDERED IN DETERMINING
45 IF AN EMPLOYER HAS PROVEN ENTRAPMENT.
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1 Sec. 7. Section 23-212.01, Arizona Revised Statutes, is amended to
2 read:
3 23-212.01. Intentionally employing unauthorized aliens;
4 prohibition; false and frivolous complaints;
5 violation; classification; license suspension and
6 revocation; affirmative defense
7 A. An employer shall not intentionally employ an unauthorized alien.
8 If, in the case when an employer uses a contract, subcontract or other
9 independent contractor agreement to obtain the labor of an alien in this
10 state, the employer intentionally contracts with an unauthorized alien or
11 with a person who employs or contracts with an unauthorized alien to perform
12 the labor, the employer violates this subsection.
13 B. The attorney general shall prescribe a complaint form for a person
14 to allege a violation of subsection A of this section. The complainant shall
15 not be required to list the complainant's social security number on the
16 complaint form or to have the complaint form notarized. On receipt of a
17 complaint on a prescribed complaint form that an employer allegedly
18 intentionally employs an unauthorized alien, the attorney general or county
19 attorney shall investigate whether the employer has violated subsection A of
20 this section. If a complaint is received but is not submitted on a
21 prescribed complaint form, the attorney general or county attorney may
22 investigate whether the employer has violated subsection A of this section.
23 This subsection shall not be construed to prohibit the filing of anonymous
24 complaints that are not submitted on a prescribed complaint form. The
25 attorney general or county attorney shall not investigate complaints that are
26 based solely on race, color or national origin. A complaint that is
27 submitted to a county attorney shall be submitted to the county attorney in
28 the county in which the alleged unauthorized alien is or was employed by the
29 employer. The county sheriff or any other local law enforcement agency may
30 assist in investigating a complaint. When investigating a complaint, the
31 attorney general or county attorney shall verify the work authorization of
32 the alleged unauthorized alien with the federal government pursuant to
33 8 United States Code section 1373(c). A state, county or local official
34 shall not attempt to independently make a final determination on whether an
35 alien is authorized to work in the United States. An alien's immigration
36 status or work authorization status shall be verified with the federal
37 government pursuant to 8 United States Code section 1373(c). A person who
38 knowingly files a false and frivolous complaint under this subsection is
39 guilty of a class 3 misdemeanor.
40 C. If, after an investigation, the attorney general or county attorney
41 determines that the complaint is not false and frivolous:
42 1. The attorney general or county attorney shall notify the United
43 States immigration and customs enforcement of the unauthorized alien.
44 2. The attorney general or county attorney shall notify the local law
45 enforcement agency of the unauthorized alien.
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1 3. The attorney general shall notify the appropriate county attorney
2 to bring an action pursuant to subsection D of this section if the complaint
3 was originally filed with the attorney general.
4 D. An action for a violation of subsection A of this section shall be
5 brought against the employer by the county attorney in the county where the
6 unauthorized alien employee is or was employed by the employer. The county
7 attorney shall not bring an action against any employer for any violation of
8 subsection A of this section that occurs before January 1, 2008. A second
9 violation of this section shall be based only on an unauthorized alien who is
10 or was employed by the employer after an action has been brought for a
11 violation of subsection A of this section or section 23-212, subsection A.
12 E. For any action in superior court under this section, the court
13 shall expedite the action, including assigning the hearing at the earliest
14 practicable date.
15 F. On a finding of a violation of subsection A of this section:
16 1. For a first violation, as described in paragraph 3 of this
17 subsection, the court shall:
18 (a) Order the employer to terminate the employment of all unauthorized
19 aliens.
20 (b) Order the employer to be subject to a five year probationary
21 period for the business location where the unauthorized alien performed work.
22 During the probationary period the employer shall file quarterly reports in
23 the form provided in section 23-722.01 with the county attorney of each new
24 employee who is hired by the employer at the business location where the
25 unauthorized alien performed work.
26 (c) Order the appropriate agencies to suspend all licenses described
27 in subdivision (d) of this paragraph that are held by the employer for a
28 minimum of ten days. The court shall base its decision on the length of the
29 suspension under this subdivision on any evidence or information submitted to
30 it during the action for a violation of this subsection and shall consider
31 the following factors, if relevant:
32 (i) The number of unauthorized aliens employed by the employer.
33 (ii) Any prior misconduct by the employer.
34 (iii) The degree of harm resulting from the violation.
35 (iv) Whether the employer made good faith efforts to comply with any
36 applicable requirements.
37 (v) The duration of the violation.
38 (vi) The role of the directors, officers or principals of the employer
39 in the violation.
40 (vii) Any other factors the court deems appropriate.
41 (d) Order the employer to file a signed sworn affidavit with the
42 county attorney. The affidavit shall state that the employer has terminated
43 the employment of all unauthorized aliens in this state and that the employer
44 will not intentionally or knowingly employ an unauthorized alien in this
45 state. The court shall order the appropriate agencies to suspend all
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1 licenses subject to this subdivision that are held by the employer if the
2 employer fails to file a signed sworn affidavit with the county attorney
3 within three business days after the order is issued. All licenses that are
4 suspended under this subdivision for failing to file a signed sworn affidavit
5 shall remain suspended until the employer files a signed sworn affidavit with
6 the county attorney. For the purposes of this subdivision, the licenses that
7 are subject to suspension under this subdivision are all licenses that are
8 held by the employer specific to the business location where the unauthorized
9 alien performed work. If the employer does not hold a license specific to
10 the business location where the unauthorized alien performed work, but a
11 license is necessary to operate the employer's business in general, the
12 licenses that are subject to suspension under this subdivision are all
13 licenses that are held by the employer at the employer's primary place of
14 business. On receipt of the court's order and notwithstanding any other law,
15 the appropriate agencies shall suspend the licenses according to the court's
16 order. The court shall send a copy of the court's order to the attorney
17 general and the attorney general shall maintain the copy pursuant to
18 subsection G of this section.
19 2. For a second violation, as described in paragraph 3 of this
20 subsection, the court shall order the appropriate agencies to permanently
21 revoke all licenses that are held by the employer specific to the business
22 location where the unauthorized alien performed work. If the employer does
23 not hold a license specific to the business location where the unauthorized
24 alien performed work, but a license is necessary to operate the employer's
25 business in general, the court shall order the appropriate agencies to
26 permanently revoke all licenses that are held by the employer at the
27 employer's primary place of business. On receipt of the order and
28 notwithstanding any other law, the appropriate agencies shall immediately
29 revoke the licenses.
30 3. The violation shall be considered:
31 (a) A first violation by an employer at a business location if the
32 violation did not occur during a probationary period ordered by the court
33 under this subsection or section 23-212, subsection F for that employer's
34 business location.
35 (b) A second violation by an employer at a business location if the
36 violation occurred during a probationary period ordered by the court under
37 this subsection or section 23-212, subsection F for that employer's business
38 location.
39 G. The attorney general shall maintain copies of court orders that are
40 received pursuant to subsection F of this section and shall maintain a
41 database of the employers and business locations that have a first violation
42 of subsection A of this section and make the court orders available on the
43 attorney general's website.
44 H. On determining whether an employee is an unauthorized alien, the
45 court shall consider only the federal government's determination pursuant to
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1 8 United States Code section 1373(c). The federal government's determination
2 creates a rebuttable presumption of the employee's lawful status. The court
3 may take judicial notice of the federal government's determination and may
4 request the federal government to provide automated or testimonial
5 verification pursuant to 8 United States Code section 1373(c).
6 I. For the purposes of this section, proof of verifying the employment
7 authorization of an employee through the e-verify program creates a
8 rebuttable presumption that an employer did not intentionally employ an
9 unauthorized alien.
10 J. For the purposes of this section, an employer that establishes that
11 it has complied in good faith with the requirements of 8 United States Code
12 section 1324a(b) establishes an affirmative defense that the employer did not
13 intentionally employ an unauthorized alien. An employer is considered to
14 have complied with the requirements of 8 United States Code section 1324a(b),
15 notwithstanding an isolated, sporadic or accidental technical or procedural
16 failure to meet the requirements, if there is a good faith attempt to comply
17 with the requirements.
18 K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS
19 SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE EMPLOYER
20 MUST ADMIT BY THE EMPLOYER'S TESTIMONY OR OTHER EVIDENCE THE SUBSTANTIAL
21 ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN ENTRAPMENT DEFENSE HAS
22 THE BURDEN OF PROVING THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE:
23 1. THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT
24 OFFICERS OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER.
25 2. THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE
26 EMPLOYER TO COMMIT THE VIOLATION.
27 3. THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE
28 LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE EMPLOYER TO
29 COMMIT THE VIOLATION.
30 L. AN EMPLOYER DOES NOT ESTABLISH ENTRAPMENT IF THE EMPLOYER WAS
31 PREDISPOSED TO VIOLATE SUBSECTION A OF THIS SECTION AND THE LAW ENFORCEMENT
32 OFFICERS OR THEIR AGENTS MERELY PROVIDED THE EMPLOYER WITH AN OPPORTUNITY TO
33 COMMIT THE VIOLATION. IT IS NOT ENTRAPMENT FOR LAW ENFORCEMENT OFFICERS OR
34 THEIR AGENTS MERELY TO USE A RUSE OR TO CONCEAL THEIR IDENTITY. THE CONDUCT
35 OF LAW ENFORCEMENT OFFICERS AND THEIR AGENTS MAY BE CONSIDERED IN DETERMINING
36 IF AN EMPLOYER HAS PROVEN ENTRAPMENT.
37 Sec. 8. Section 23-214, Arizona Revised Statutes, is amended to read:
38 23-214. Verification of employment eligibility; e-verify
39 program; economic development incentives; list of
40 registered employers
41 A. After December 31, 2007, every employer, after hiring an employee,
42 shall verify the employment eligibility of the employee through the e-verify
43 program AND SHALL KEEP A RECORD OF THE VERIFICATION FOR THE DURATION OF THE
44 EMPLOYEE'S EMPLOYMENT OR AT LEAST THREE YEARS, WHICHEVER IS LONGER.
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1 B. In addition to any other requirement for an employer to receive an
2 economic development incentive from a government entity, the employer shall
3 register with and participate in the e-verify program. Before receiving the
4 economic development incentive, the employer shall provide proof to the
5 government entity that the employer is registered with and is participating
6 in the e-verify program. If the government entity determines that the
7 employer is not complying with this subsection, the government entity shall
8 notify the employer by certified mail of the government entity's
9 determination of noncompliance and the employer's right to appeal the
10 determination. On a final determination of noncompliance, the employer shall
11 repay all monies received as an economic development incentive to the
12 government entity within thirty days of the final determination. For the
13 purposes of this subsection:
14 1. "Economic development incentive" means any grant, loan or
15 performance-based incentive from any government entity that is awarded after
16 September 30, 2008. Economic development incentive does not include any tax
17 provision under title 42 or 43.
18 2. "Government entity" means this state and any political subdivision
19 of this state that receives and uses tax revenues.
20 C. Every three months the attorney general shall request from the
21 United States department of homeland security a list of employers from this
22 state that are registered with the e-verify program. On receipt of the list
23 of employers, the attorney general shall make the list available on the
24 attorney general's website.
25 Sec. 9. Section 28-3511, Arizona Revised Statutes, is amended to read:
26 28-3511. Removal and immobilization or impoundment of vehicle
27 A. A peace officer shall cause the removal and either immobilization
28 or impoundment of a vehicle if the peace officer determines that a person is
29 driving the vehicle while any of the following applies:
30 1. The person's driving privilege is suspended or revoked for any
31 reason.
32 2. The person has not ever been issued a valid driver license or
33 permit by this state and the person does not produce evidence of ever having
34 a valid driver license or permit issued by another jurisdiction. This
35 paragraph does not apply to the operation of an implement of husbandry.
36 3. The person is subject to an ignition interlock device requirement
37 pursuant to chapter 4 of this title and the person is operating a vehicle
38 without a functioning certified ignition interlock device. This paragraph
39 does not apply to a person operating an employer's vehicle or the operation
40 of a vehicle due to a substantial emergency as defined in section 28-1464.
41 4. THE PERSON IS IN VIOLATION OF A CRIMINAL OFFENSE AND IS
42 TRANSPORTING, MOVING, CONCEALING, HARBORING OR SHIELDING OR ATTEMPTING TO
43 TRANSPORT, MOVE, CONCEAL, HARBOR OR SHIELD AN ALIEN IN THIS STATE IN A
44 VEHICLE IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT THE ALIEN
45 HAS COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES IN VIOLATION OF LAW.
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1 B. A peace officer shall cause the removal and impoundment of a
2 vehicle if the peace officer determines that a person is driving the vehicle
3 and if all of the following apply:
4 1. The person's driving privilege is canceled, suspended or revoked
5 for any reason or the person has not ever been issued a driver license or
6 permit by this state and the person does not produce evidence of ever having
7 a driver license or permit issued by another jurisdiction.
8 2. The person is not in compliance with the financial responsibility
9 requirements of chapter 9, article 4 of this title.
10 3. The person is driving a vehicle that is involved in an accident
11 that results in either property damage or injury to or death of another
12 person.
13 C. Except as provided in subsection D of this section, while a peace
14 officer has control of the vehicle the peace officer shall cause the removal
15 and either immobilization or impoundment of the vehicle if the peace officer
16 has probable cause to arrest the driver of the vehicle for a violation of
17 section 4-244, paragraph 34 or section 28-1382 or 28-1383.
18 D. A peace officer shall not cause the removal and either the
19 immobilization or impoundment of a vehicle pursuant to subsection C of this
20 section if all of the following apply:
21 1. The peace officer determines that the vehicle is currently
22 registered and that the driver or the vehicle is in compliance with the
23 financial responsibility requirements of chapter 9, article 4 of this title.
24 2. The spouse of the driver is with the driver at the time of the
25 arrest.
26 3. The peace officer has reasonable grounds to believe that the spouse
27 of the driver:
28 (a) Has a valid driver license.
29 (b) Is not impaired by intoxicating liquor, any drug, a vapor
30 releasing substance containing a toxic substance or any combination of
31 liquor, drugs or vapor releasing substances.
32 (c) Does not have any spirituous liquor in the spouse's body if the
33 spouse is under twenty-one years of age.
34 4. The spouse notifies the peace officer that the spouse will drive
35 the vehicle from the place of arrest to the driver's home or other place of
36 safety.
37 5. The spouse drives the vehicle as prescribed by paragraph 4 of this
38 subsection.
39 E. Except as otherwise provided in this article, a vehicle that is
40 removed and either immobilized or impounded pursuant to subsection A, B or C
41 of this section shall be immobilized or impounded for thirty days. An
42 insurance company does not have a duty to pay any benefits for charges or
43 fees for immobilization or impoundment.
44 F. The owner of a vehicle that is removed and either immobilized or
45 impounded pursuant to subsection A, B or C of this section, the spouse of the
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1 owner and each person identified on the department's record with an interest
2 in the vehicle shall be provided with an opportunity for an immobilization or
3 poststorage hearing pursuant to section 28-3514.
4 Sec. 10. Title 41, chapter 12, article 2, Arizona Revised Statutes, is
5 amended by adding section 41-1724, to read:
6 41-1724. Gang and immigration intelligence team enforcement
7 mission fund
8 THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND IS
9 ESTABLISHED CONSISTING OF MONIES DEPOSITED PURSUANT TO SECTION 11-1051 AND
10 MONIES APPROPRIATED BY THE LEGISLATURE. THE DEPARTMENT SHALL ADMINISTER THE
11 FUND. MONIES IN THE FUND ARE SUBJECT TO LEGISLATIVE APPROPRIATION AND SHALL
12 BE USED FOR GANG AND IMMIGRATION ENFORCEMENT AND FOR COUNTY JAIL
13 REIMBURSEMENT COSTS RELATING TO ILLEGAL IMMIGRATION.
14 Sec. 11. Severability, implementation and construction
15 A. If a provision of this act or its application to any person or
16 circumstance is held invalid, the invalidity does not affect other provisions
17 or applications of the act that can be given effect without the invalid
18 provision or application, and to this end the provisions of this act are
19 severable.
20 B. The terms of this act regarding immigration shall be construed to
21 have the meanings given to them under federal immigration law.
22 C. This act shall be implemented in a manner consistent with federal
23 laws regulating immigration, protecting the civil rights of all persons and
24 respecting the privileges and immunities of United States citizens.
25 Sec. 12. Short title
26 This act may be cited as the "Support Our Law Enforcement and Safe
27 Neighborhoods Act".
It cant be done cause its not in here!
- i -
Senate Engrossed
State of Arizona
Senate
Forty-ninth Legislature
Second Regular Session
2010
SENATE BILL 1070
AN ACT
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; AMENDING SECTION 13-2319, ARIZONA REVISED STATUTES; AMENDING TITLE
13, CHAPTER 29, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 13-2928 AND
13-2929; AMENDING SECTIONS 23-212, 23-212.01, 23-214 AND 28-3511, ARIZONA
REVISED STATUTES; AMENDING TITLE 41, CHAPTER 12, ARTICLE 2, ARIZONA REVISED
STATUTES, BY ADDING SECTION 41-1724; RELATING TO UNLAWFULLY PRESENT ALIENS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
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1 Be it enacted by the Legislature of the State of Arizona:
2 Section 1. Intent
3 The legislature finds that there is a compelling interest in the
4 cooperative enforcement of federal immigration laws throughout all of
5 Arizona. The legislature declares that the intent of this act is to make
6 attrition through enforcement the public policy of all state and local
7 government agencies in Arizona. The provisions of this act are intended to
8 work together to discourage and deter the unlawful entry and presence of
9 aliens and economic activity by persons unlawfully present in the United
10 States.
11 Sec. 2. Title 11, chapter 7, Arizona Revised Statutes, is amended by
12 adding article 8, to read:
13 ARTICLE 8. ENFORCEMENT OF IMMIGRATION LAWS
14 11-1051. Cooperation and assistance in enforcement of
15 immigration laws; indemnification
16 A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR
17 OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR
18 RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
19 EXTENT PERMITTED BY FEDERAL LAW.
20 B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY
21 OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS
22 STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS
23 UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE,
24 WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE
25 PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT
26 PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
27 C. IF AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IS
28 CONVICTED OF A VIOLATION OF STATE OR LOCAL LAW, ON DISCHARGE FROM
29 IMPRISONMENT OR ASSESSMENT OF ANY FINE THAT IS IMPOSED, THE ALIEN SHALL BE
30 TRANSFERRED IMMEDIATELY TO THE CUSTODY OF THE UNITED STATES IMMIGRATION AND
31 CUSTOMS ENFORCEMENT OR THE UNITED STATES CUSTOMS AND BORDER PROTECTION.
32 D. NOTWITHSTANDING ANY OTHER LAW, A LAW ENFORCEMENT AGENCY MAY
33 SECURELY TRANSPORT AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES
34 AND WHO IS IN THE AGENCY'S CUSTODY TO A FEDERAL FACILITY IN THIS STATE OR TO
35 ANY OTHER POINT OF TRANSFER INTO FEDERAL CUSTODY THAT IS OUTSIDE THE
36 JURISDICTION OF THE LAW ENFORCEMENT AGENCY.
37 E. A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON
38 IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED
39 ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES.
40 F. EXCEPT AS PROVIDED IN FEDERAL LAW, OFFICIALS OR AGENCIES OF THIS
41 STATE AND COUNTIES, CITIES, TOWNS AND OTHER POLITICAL SUBDIVISIONS OF THIS
42 STATE MAY NOT BE PROHIBITED OR IN ANY WAY BE RESTRICTED FROM SENDING,
43 RECEIVING OR MAINTAINING INFORMATION RELATING TO THE IMMIGRATION STATUS OF
44 ANY INDIVIDUAL OR EXCHANGING THAT INFORMATION WITH ANY OTHER FEDERAL, STATE
45 OR LOCAL GOVERNMENTAL ENTITY FOR THE FOLLOWING OFFICIAL PURPOSES:
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1 1. DETERMINING ELIGIBILITY FOR ANY PUBLIC BENEFIT, SERVICE OR LICENSE
2 PROVIDED BY ANY FEDERAL, STATE, LOCAL OR OTHER POLITICAL SUBDIVISION OF THIS
3 STATE.
4 2. VERIFYING ANY CLAIM OF RESIDENCE OR DOMICILE IF DETERMINATION OF
5 RESIDENCE OR DOMICILE IS REQUIRED UNDER THE LAWS OF THIS STATE OR A JUDICIAL
6 ORDER ISSUED PURSUANT TO A CIVIL OR CRIMINAL PROCEEDING IN THIS STATE.
7 3. CONFIRMING THE IDENTITY OF ANY PERSON WHO IS DETAINED.
8 4. IF THE PERSON IS AN ALIEN, DETERMINING WHETHER THE PERSON IS IN
9 COMPLIANCE WITH THE FEDERAL REGISTRATION LAWS PRESCRIBED BY TITLE II, CHAPTER
10 7 OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT.
11 G. A PERSON MAY BRING AN ACTION IN SUPERIOR COURT TO CHALLENGE ANY
12 OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL
13 SUBDIVISION OF THIS STATE THAT ADOPTS OR IMPLEMENTS A POLICY THAT LIMITS OR
14 RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
15 EXTENT PERMITTED BY FEDERAL LAW. IF THERE IS A JUDICIAL FINDING THAT AN
16 ENTITY HAS VIOLATED THIS SECTION, THE COURT SHALL ORDER ANY OF THE FOLLOWING:
17 1. THAT THE PERSON WHO BROUGHT THE ACTION RECOVER COURT COSTS AND
18 ATTORNEY FEES.
19 2. THAT THE ENTITY PAY A CIVIL PENALTY OF NOT LESS THAN ONE THOUSAND
20 DOLLARS AND NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH DAY THAT THE POLICY
21 HAS REMAINED IN EFFECT AFTER THE FILING OF AN ACTION PURSUANT TO THIS
22 SUBSECTION.
23 H. A COURT SHALL COLLECT THE CIVIL PENALTY PRESCRIBED IN SUBSECTION G
24 AND REMIT THE CIVIL PENALTY TO THE DEPARTMENT OF PUBLIC SAFETY FOR DEPOSIT IN
25 THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND
26 ESTABLISHED BY SECTION 41-1724.
27 I. A LAW ENFORCEMENT OFFICER IS INDEMNIFIED BY THE LAW ENFORCEMENT
28 OFFICER'S AGENCY AGAINST REASONABLE COSTS AND EXPENSES, INCLUDING ATTORNEY
29 FEES, INCURRED BY THE OFFICER IN CONNECTION WITH ANY ACTION, SUIT OR
30 PROCEEDING BROUGHT PURSUANT TO THIS SECTION TO WHICH THE OFFICER MAY BE A
31 PARTY BY REASON OF THE OFFICER BEING OR HAVING BEEN A MEMBER OF THE LAW
32 ENFORCEMENT AGENCY, EXCEPT IN RELATION TO MATTERS IN WHICH THE OFFICER IS
33 ADJUDGED TO HAVE ACTED IN BAD FAITH.
34 J. THIS SECTION SHALL BE IMPLEMENTED IN A MANNER CONSISTENT WITH
35 FEDERAL LAWS REGULATING IMMIGRATION, PROTECTING THE CIVIL RIGHTS OF ALL
36 PERSONS AND RESPECTING THE PRIVILEGES AND IMMUNITIES OF UNITED STATES
37 CITIZENS.
38 Sec. 3. Title 13, chapter 15, Arizona Revised Statutes, is amended by
39 adding section 13-1509, to read:
40 13-1509. Trespassing by illegal aliens; assessment; exception;
41 classification
42 A. IN ADDITION TO ANY VIOLATION OF FEDERAL LAW, A PERSON IS GUILTY OF
43 TRESPASSING IF THE PERSON IS BOTH:
44 1. PRESENT ON ANY PUBLIC OR PRIVATE LAND IN THIS STATE.
45 2. IN VIOLATION OF 8 UNITED STATES CODE SECTION 1304(e) OR 1306(a).
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1 B. IN THE ENFORCEMENT OF THIS SECTION, THE FINAL DETERMINATION OF AN
2 ALIEN'S IMMIGRATION STATUS SHALL BE DETERMINED BY EITHER:
3 1. A LAW ENFORCEMENT OFFICER WHO IS AUTHORIZED BY THE FEDERAL
4 GOVERNMENT TO VERIFY OR ASCERTAIN AN ALIEN'S IMMIGRATION STATUS.
5 2. A LAW ENFORCEMENT OFFICER OR AGENCY COMMUNICATING WITH THE UNITED
6 STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED STATES BORDER
7 PROTECTION PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
8 C. A PERSON WHO IS SENTENCED PURSUANT TO THIS SECTION IS NOT ELIGIBLE
9 FOR SUSPENSION OR COMMUTATION OF SENTENCE OR RELEASE ON ANY BASIS UNTIL THE
10 SENTENCE IMPOSED IS SERVED.
11 D. IN ADDITION TO ANY OTHER PENALTY PRESCRIBED BY LAW, THE COURT SHALL
12 ORDER THE PERSON TO PAY JAIL COSTS AND AN ADDITIONAL ASSESSMENT IN THE
13 FOLLOWING AMOUNTS:
14 1. AT LEAST FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION.
15 2. TWICE THE AMOUNT SPECIFIED IN PARAGRAPH 1 OF THIS SUBSECTION IF THE
16 PERSON WAS PREVIOUSLY SUBJECT TO AN ASSESSMENT PURSUANT TO THIS SUBSECTION.
17 E. A COURT SHALL COLLECT THE ASSESSMENTS PRESCRIBED IN SUBSECTION D OF
18 THIS SECTION AND REMIT THE ASSESSMENTS TO THE DEPARTMENT OF PUBLIC SAFETY,
19 WHICH SHALL ESTABLISH A SPECIAL SUBACCOUNT FOR THE MONIES IN THE ACCOUNT
20 ESTABLISHED FOR THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT
21 MISSION APPROPRIATION. MONIES IN THE SPECIAL SUBACCOUNT ARE SUBJECT TO
22 LEGISLATIVE APPROPRIATION FOR DISTRIBUTION FOR GANG AND IMMIGRATION
23 ENFORCEMENT AND FOR COUNTY JAIL REIMBURSEMENT COSTS RELATING TO ILLEGAL
24 IMMIGRATION.
25 F. THIS SECTION DOES NOT APPLY TO A PERSON WHO MAINTAINS AUTHORIZATION
26 FROM THE FEDERAL GOVERNMENT TO REMAIN IN THE UNITED STATES.
27 G. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR, EXCEPT THAT A
28 VIOLATION OF THIS SECTION IS:
29 1. A CLASS 3 FELONY IF THE PERSON VIOLATES THIS SECTION WHILE IN
30 POSSESSION OF ANY OF THE FOLLOWING:
31 (a) A DANGEROUS DRUG AS DEFINED IN SECTION 13-3401.
32 (b) PRECURSOR CHEMICALS THAT ARE USED IN THE MANUFACTURING OF
33 METHAMPHETAMINE IN VIOLATION OF SECTION 13-3404.01.
34 (c) A DEADLY WEAPON OR A DANGEROUS INSTRUMENT, AS DEFINED IN SECTION
35 13-105.
36 (d) PROPERTY THAT IS USED FOR THE PURPOSE OF COMMITTING AN ACT OF
37 TERRORISM AS PRESCRIBED IN SECTION 13-2308.01.
38 2. A CLASS 4 FELONY IF THE PERSON EITHER:
39 (a) IS CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF THIS SECTION.
40 (b) WITHIN SIXTY MONTHS BEFORE THE VIOLATION, HAS BEEN REMOVED FROM
41 THE UNITED STATES PURSUANT TO 8 UNITED STATES CODE SECTION 1229a OR HAS
42 ACCEPTED A VOLUNTARY REMOVAL FROM THE UNITED STATES PURSUANT TO 8 UNITED
43 STATES CODE SECTION 1229c.
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1 Sec. 4. Section 13-2319, Arizona Revised Statutes, is amended to read:
2 13-2319. Smuggling; classification; definitions
3 A. It is unlawful for a person to intentionally engage in the
4 smuggling of human beings for profit or commercial purpose.
5 B. A violation of this section is a class 4 felony.
6 C. Notwithstanding subsection B of this section, a violation of this
7 section:
8 1. Is a class 2 felony if the human being who is smuggled is under
9 eighteen years of age and is not accompanied by a family member over eighteen
10 years of age or the offense involved the use of a deadly weapon or dangerous
11 instrument.
12 2. Is a class 3 felony if the offense involves the use or threatened
13 use of deadly physical force and the person is not eligible for suspension of
14 sentence, probation, pardon or release from confinement on any other basis
15 except pursuant to section 31-233, subsection A or B until the sentence
16 imposed by the court is served, the person is eligible for release pursuant
17 to section 41-1604.07 or the sentence is commuted.
18 D. Chapter 10 of this title does not apply to a violation of
19 subsection C, paragraph 1 of this section.
20 E. NOTWITHSTANDING ANY OTHER LAW, A PEACE OFFICER MAY LAWFULLY STOP
21 ANY PERSON WHO IS OPERATING A MOTOR VEHICLE IF THE OFFICER HAS REASONABLE
22 SUSPICION TO BELIEVE THE PERSON IS IN VIOLATION OF ANY CIVIL TRAFFIC LAW AND
23 THIS SECTION.
24 E. F. For the purposes of this section:
25 1. "Family member" means the person's parent, grandparent, sibling or
26 any other person who is related to the person by consanguinity or affinity to
27 the second degree.
28 2. "Procurement of transportation" means any participation in or
29 facilitation of transportation and includes:
30 (a) Providing services that facilitate transportation including travel
31 arrangement services or money transmission services.
32 (b) Providing property that facilitates transportation, including a
33 weapon, a vehicle or other means of transportation or false identification,
34 or selling, leasing, renting or otherwise making available a drop house as
35 defined in section 13-2322.
36 3. "Smuggling of human beings" means the transportation, procurement
37 of transportation or use of property or real property by a person or an
38 entity that knows or has reason to know that the person or persons
39 transported or to be transported are not United States citizens, permanent
40 resident aliens or persons otherwise lawfully in this state or have attempted
41 to enter, entered or remained in the United States in violation of law.
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1 Sec. 5. Title 13, chapter 29, Arizona Revised Statutes, is amended by
2 adding sections 13-2928 and 13-2929, to read:
3 13-2928. Unlawful stopping to hire and pick up passengers for
4 work; unlawful application, solicitation or
5 employment; classification; definitions
6 A. IT IS UNLAWFUL FOR AN OCCUPANT OF A MOTOR VEHICLE THAT IS STOPPED
7 ON A STREET, ROADWAY OR HIGHWAY TO ATTEMPT TO HIRE OR HIRE AND PICK UP
8 PASSENGERS FOR WORK AT A DIFFERENT LOCATION IF THE MOTOR VEHICLE BLOCKS OR
9 IMPEDES THE NORMAL MOVEMENT OF TRAFFIC.
10 B. IT IS UNLAWFUL FOR A PERSON TO ENTER A MOTOR VEHICLE THAT IS
11 STOPPED ON A STREET, ROADWAY OR HIGHWAY IN ORDER TO BE HIRED BY AN OCCUPANT
12 OF THE MOTOR VEHICLE AND TO BE TRANSPORTED TO WORK AT A DIFFERENT LOCATION IF
13 THE MOTOR VEHICLE BLOCKS OR IMPEDES THE NORMAL MOVEMENT OF TRAFFIC.
14 C. IT IS UNLAWFUL FOR A PERSON WHO IS UNLAWFULLY PRESENT IN THE UNITED
15 STATES AND WHO IS AN UNAUTHORIZED ALIEN TO KNOWINGLY APPLY FOR WORK, SOLICIT
16 WORK IN A PUBLIC PLACE OR PERFORM WORK AS AN EMPLOYEE OR INDEPENDENT
17 CONTRACTOR IN THIS STATE.
18 D. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR.
19 E. FOR THE PURPOSES OF THIS SECTION:
20 1. "SOLICIT" MEANS VERBAL OR NONVERBAL COMMUNICATION BY A GESTURE OR A
21 NOD THAT WOULD INDICATE TO A REASONABLE PERSON THAT A PERSON IS WILLING TO BE
22 EMPLOYED.
23 2. "UNAUTHORIZED ALIEN" MEANS AN ALIEN WHO DOES NOT HAVE THE LEGAL
24 RIGHT OR AUTHORIZATION UNDER FEDERAL LAW TO WORK IN THE UNITED STATES AS
25 DESCRIBED IN 8 UNITED STATES CODE SECTION 1324a(h)(3).
26 13-2929. Unlawful transporting, moving, concealing, harboring
27 or shielding of unlawful aliens; vehicle
28 impoundment; classification
29 A. IT IS UNLAWFUL FOR A PERSON WHO IS IN VIOLATION OF A CRIMINAL
30 OFFENSE TO:
31 1. TRANSPORT OR MOVE OR ATTEMPT TO TRANSPORT OR MOVE AN ALIEN IN THIS
32 STATE IN A MEANS OF TRANSPORTATION IF THE PERSON KNOWS OR RECKLESSLY
33 DISREGARDS THE FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE
34 UNITED STATES IN VIOLATION OF LAW.
35 2. CONCEAL, HARBOR OR SHIELD OR ATTEMPT TO CONCEAL, HARBOR OR SHIELD
36 AN ALIEN FROM DETECTION IN ANY PLACE IN THIS STATE, INCLUDING ANY BUILDING OR
37 ANY MEANS OF TRANSPORTATION, IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE
38 FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES
39 IN VIOLATION OF LAW.
40 3. ENCOURAGE OR INDUCE AN ALIEN TO COME TO OR RESIDE IN THIS STATE IF
41 THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT SUCH COMING TO,
42 ENTERING OR RESIDING IN THIS STATE IS OR WILL BE IN VIOLATION OF LAW.
43 B. A MEANS OF TRANSPORTATION THAT IS USED IN THE COMMISSION OF A
44 VIOLATION OF THIS SECTION IS SUBJECT TO MANDATORY VEHICLE IMMOBILIZATION OR
45 IMPOUNDMENT PURSUANT TO SECTION 28-3511.
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1 C. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 1
2 MISDEMEANOR AND IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND DOLLARS, EXCEPT
3 THAT A VIOLATION OF THIS SECTION THAT INVOLVES TEN OR MORE ILLEGAL ALIENS IS
4 A CLASS 6 FELONY AND THE PERSON IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND
5 DOLLARS FOR EACH ALIEN WHO IS INVOLVED.
6 Sec. 6. Section 23-212, Arizona Revised Statutes, is amended to read:
7 23-212. Knowingly employing unauthorized aliens; prohibition;
8 false and frivolous complaints; violation;
9 classification; license suspension and revocation;
10 affirmative defense
11 A. An employer shall not knowingly employ an unauthorized alien. If,
12 in the case when an employer uses a contract, subcontract or other
13 independent contractor agreement to obtain the labor of an alien in this
14 state, the employer knowingly contracts with an unauthorized alien or with a
15 person who employs or contracts with an unauthorized alien to perform the
16 labor, the employer violates this subsection.
17 B. The attorney general shall prescribe a complaint form for a person
18 to allege a violation of subsection A of this section. The complainant shall
19 not be required to list the complainant's social security number on the
20 complaint form or to have the complaint form notarized. On receipt of a
21 complaint on a prescribed complaint form that an employer allegedly knowingly
22 employs an unauthorized alien, the attorney general or county attorney shall
23 investigate whether the employer has violated subsection A of this section.
24 If a complaint is received but is not submitted on a prescribed complaint
25 form, the attorney general or county attorney may investigate whether the
26 employer has violated subsection A of this section. This subsection shall
27 not be construed to prohibit the filing of anonymous complaints that are not
28 submitted on a prescribed complaint form. The attorney general or county
29 attorney shall not investigate complaints that are based solely on race,
30 color or national origin. A complaint that is submitted to a county attorney
31 shall be submitted to the county attorney in the county in which the alleged
32 unauthorized alien is or was employed by the employer. The county sheriff or
33 any other local law enforcement agency may assist in investigating a
34 complaint. When investigating a complaint, the attorney general or county
35 attorney shall verify the work authorization of the alleged unauthorized
36 alien with the federal government pursuant to 8 United States Code section
37 1373(c). A state, county or local official shall not attempt to
38 independently make a final determination on whether an alien is authorized to
39 work in the United States. An alien's immigration status or work
40 authorization status shall be verified with the federal government pursuant
41 to 8 United States Code section 1373(c). A person who knowingly files a
42 false and frivolous complaint under this subsection is guilty of a class 3
43 misdemeanor.
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1 C. If, after an investigation, the attorney general or county attorney
2 determines that the complaint is not false and frivolous:
3 1. The attorney general or county attorney shall notify the United
4 States immigration and customs enforcement of the unauthorized alien.
5 2. The attorney general or county attorney shall notify the local law
6 enforcement agency of the unauthorized alien.
7 3. The attorney general shall notify the appropriate county attorney
8 to bring an action pursuant to subsection D of this section if the complaint
9 was originally filed with the attorney general.
10 D. An action for a violation of subsection A of this section shall be
11 brought against the employer by the county attorney in the county where the
12 unauthorized alien employee is or was employed by the employer. The county
13 attorney shall not bring an action against any employer for any violation of
14 subsection A of this section that occurs before January 1, 2008. A second
15 violation of this section shall be based only on an unauthorized alien who is
16 or was employed by the employer after an action has been brought for a
17 violation of subsection A of this section or section 23-212.01, subsection A.
18 E. For any action in superior court under this section, the court
19 shall expedite the action, including assigning the hearing at the earliest
20 practicable date.
21 F. On a finding of a violation of subsection A of this section:
22 1. For a first violation, as described in paragraph 3 of this
23 subsection, the court:
24 (a) Shall order the employer to terminate the employment of all
25 unauthorized aliens.
26 (b) Shall order the employer to be subject to a three year
27 probationary period for the business location where the unauthorized alien
28 performed work. During the probationary period the employer shall file
29 quarterly reports in the form provided in section 23-722.01 with the county
30 attorney of each new employee who is hired by the employer at the business
31 location where the unauthorized alien performed work.
32 (c) Shall order the employer to file a signed sworn affidavit with the
33 county attorney within three business days after the order is issued. The
34 affidavit shall state that the employer has terminated the employment of all
35 unauthorized aliens in this state and that the employer will not
36 intentionally or knowingly employ an unauthorized alien in this state. The
37 court shall order the appropriate agencies to suspend all licenses subject to
38 this subdivision that are held by the employer if the employer fails to file
39 a signed sworn affidavit with the county attorney within three business days
40 after the order is issued. All licenses that are suspended under this
41 subdivision shall remain suspended until the employer files a signed sworn
42 affidavit with the county attorney. Notwithstanding any other law, on filing
43 of the affidavit the suspended licenses shall be reinstated immediately by
44 the appropriate agencies. For the purposes of this subdivision, the licenses
45 that are subject to suspension under this subdivision are all licenses that
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1 are held by the employer specific to the business location where the
2 unauthorized alien performed work. If the employer does not hold a license
3 specific to the business location where the unauthorized alien performed
4 work, but a license is necessary to operate the employer's business in
5 general, the licenses that are subject to suspension under this subdivision
6 are all licenses that are held by the employer at the employer's primary
7 place of business. On receipt of the court's order and notwithstanding any
8 other law, the appropriate agencies shall suspend the licenses according to
9 the court's order. The court shall send a copy of the court's order to the
10 attorney general and the attorney general shall maintain the copy pursuant to
11 subsection G of this section.
12 (d) May order the appropriate agencies to suspend all licenses
13 described in subdivision (c) of this paragraph that are held by the employer
14 for not to exceed ten business days. The court shall base its decision to
15 suspend under this subdivision on any evidence or information submitted to it
16 during the action for a violation of this subsection and shall consider the
17 following factors, if relevant:
18 (i) The number of unauthorized aliens employed by the employer.
19 (ii) Any prior misconduct by the employer.
20 (iii) The degree of harm resulting from the violation.
21 (iv) Whether the employer made good faith efforts to comply with any
22 applicable requirements.
23 (v) The duration of the violation.
24 (vi) The role of the directors, officers or principals of the employer
25 in the violation.
26 (vii) Any other factors the court deems appropriate.
27 2. For a second violation, as described in paragraph 3 of this
28 subsection, the court shall order the appropriate agencies to permanently
29 revoke all licenses that are held by the employer specific to the business
30 location where the unauthorized alien performed work. If the employer does
31 not hold a license specific to the business location where the unauthorized
32 alien performed work, but a license is necessary to operate the employer's
33 business in general, the court shall order the appropriate agencies to
34 permanently revoke all licenses that are held by the employer at the
35 employer's primary place of business. On receipt of the order and
36 notwithstanding any other law, the appropriate agencies shall immediately
37 revoke the licenses.
38 3. The violation shall be considered:
39 (a) A first violation by an employer at a business location if the
40 violation did not occur during a probationary period ordered by the court
41 under this subsection or section 23-212.01, subsection F for that employer's
42 business location.
43 (b) A second violation by an employer at a business location if the
44 violation occurred during a probationary period ordered by the court under
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1 this subsection or section 23-212.01, subsection F for that employer's
2 business location.
3 G. The attorney general shall maintain copies of court orders that are
4 received pursuant to subsection F of this section and shall maintain a
5 database of the employers and business locations that have a first violation
6 of subsection A of this section and make the court orders available on the
7 attorney general's website.
8 H. On determining whether an employee is an unauthorized alien, the
9 court shall consider only the federal government's determination pursuant to
10 8 United States Code section 1373(c). The federal government's determination
11 creates a rebuttable presumption of the employee's lawful status. The court
12 may take judicial notice of the federal government's determination and may
13 request the federal government to provide automated or testimonial
14 verification pursuant to 8 United States Code section 1373(c).
15 I. For the purposes of this section, proof of verifying the employment
16 authorization of an employee through the e-verify program creates a
17 rebuttable presumption that an employer did not knowingly employ an
18 unauthorized alien.
19 J. For the purposes of this section, an employer that establishes that
20 it has complied in good faith with the requirements of 8 United States Code
21 section 1324a(b) establishes an affirmative defense that the employer did not
22 knowingly employ an unauthorized alien. An employer is considered to have
23 complied with the requirements of 8 United States Code section 1324a(b),
24 notwithstanding an isolated, sporadic or accidental technical or procedural
25 failure to meet the requirements, if there is a good faith attempt to comply
26 with the requirements.
27 K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS
28 SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE EMPLOYER
29 MUST ADMIT BY THE EMPLOYER'S TESTIMONY OR OTHER EVIDENCE THE SUBSTANTIAL
30 ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN ENTRAPMENT DEFENSE HAS
31 THE BURDEN OF PROVING THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE:
32 1. THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT
33 OFFICERS OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER.
34 2. THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE
35 EMPLOYER TO COMMIT THE VIOLATION.
36 3. THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE
37 LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE EMPLOYER TO
38 COMMIT THE VIOLATION.
39 L. AN EMPLOYER DOES NOT ESTABLISH ENTRAPMENT IF THE EMPLOYER WAS
40 PREDISPOSED TO VIOLATE SUBSECTION A OF THIS SECTION AND THE LAW ENFORCEMENT
41 OFFICERS OR THEIR AGENTS MERELY PROVIDED THE EMPLOYER WITH AN OPPORTUNITY TO
42 COMMIT THE VIOLATION. IT IS NOT ENTRAPMENT FOR LAW ENFORCEMENT OFFICERS OR
43 THEIR AGENTS MERELY TO USE A RUSE OR TO CONCEAL THEIR IDENTITY. THE CONDUCT
44 OF LAW ENFORCEMENT OFFICERS AND THEIR AGENTS MAY BE CONSIDERED IN DETERMINING
45 IF AN EMPLOYER HAS PROVEN ENTRAPMENT.
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1 Sec. 7. Section 23-212.01, Arizona Revised Statutes, is amended to
2 read:
3 23-212.01. Intentionally employing unauthorized aliens;
4 prohibition; false and frivolous complaints;
5 violation; classification; license suspension and
6 revocation; affirmative defense
7 A. An employer shall not intentionally employ an unauthorized alien.
8 If, in the case when an employer uses a contract, subcontract or other
9 independent contractor agreement to obtain the labor of an alien in this
10 state, the employer intentionally contracts with an unauthorized alien or
11 with a person who employs or contracts with an unauthorized alien to perform
12 the labor, the employer violates this subsection.
13 B. The attorney general shall prescribe a complaint form for a person
14 to allege a violation of subsection A of this section. The complainant shall
15 not be required to list the complainant's social security number on the
16 complaint form or to have the complaint form notarized. On receipt of a
17 complaint on a prescribed complaint form that an employer allegedly
18 intentionally employs an unauthorized alien, the attorney general or county
19 attorney shall investigate whether the employer has violated subsection A of
20 this section. If a complaint is received but is not submitted on a
21 prescribed complaint form, the attorney general or county attorney may
22 investigate whether the employer has violated subsection A of this section.
23 This subsection shall not be construed to prohibit the filing of anonymous
24 complaints that are not submitted on a prescribed complaint form. The
25 attorney general or county attorney shall not investigate complaints that are
26 based solely on race, color or national origin. A complaint that is
27 submitted to a county attorney shall be submitted to the county attorney in
28 the county in which the alleged unauthorized alien is or was employed by the
29 employer. The county sheriff or any other local law enforcement agency may
30 assist in investigating a complaint. When investigating a complaint, the
31 attorney general or county attorney shall verify the work authorization of
32 the alleged unauthorized alien with the federal government pursuant to
33 8 United States Code section 1373(c). A state, county or local official
34 shall not attempt to independently make a final determination on whether an
35 alien is authorized to work in the United States. An alien's immigration
36 status or work authorization status shall be verified with the federal
37 government pursuant to 8 United States Code section 1373(c). A person who
38 knowingly files a false and frivolous complaint under this subsection is
39 guilty of a class 3 misdemeanor.
40 C. If, after an investigation, the attorney general or county attorney
41 determines that the complaint is not false and frivolous:
42 1. The attorney general or county attorney shall notify the United
43 States immigration and customs enforcement of the unauthorized alien.
44 2. The attorney general or county attorney shall notify the local law
45 enforcement agency of the unauthorized alien.
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1 3. The attorney general shall notify the appropriate county attorney
2 to bring an action pursuant to subsection D of this section if the complaint
3 was originally filed with the attorney general.
4 D. An action for a violation of subsection A of this section shall be
5 brought against the employer by the county attorney in the county where the
6 unauthorized alien employee is or was employed by the employer. The county
7 attorney shall not bring an action against any employer for any violation of
8 subsection A of this section that occurs before January 1, 2008. A second
9 violation of this section shall be based only on an unauthorized alien who is
10 or was employed by the employer after an action has been brought for a
11 violation of subsection A of this section or section 23-212, subsection A.
12 E. For any action in superior court under this section, the court
13 shall expedite the action, including assigning the hearing at the earliest
14 practicable date.
15 F. On a finding of a violation of subsection A of this section:
16 1. For a first violation, as described in paragraph 3 of this
17 subsection, the court shall:
18 (a) Order the employer to terminate the employment of all unauthorized
19 aliens.
20 (b) Order the employer to be subject to a five year probationary
21 period for the business location where the unauthorized alien performed work.
22 During the probationary period the employer shall file quarterly reports in
23 the form provided in section 23-722.01 with the county attorney of each new
24 employee who is hired by the employer at the business location where the
25 unauthorized alien performed work.
26 (c) Order the appropriate agencies to suspend all licenses described
27 in subdivision (d) of this paragraph that are held by the employer for a
28 minimum of ten days. The court shall base its decision on the length of the
29 suspension under this subdivision on any evidence or information submitted to
30 it during the action for a violation of this subsection and shall consider
31 the following factors, if relevant:
32 (i) The number of unauthorized aliens employed by the employer.
33 (ii) Any prior misconduct by the employer.
34 (iii) The degree of harm resulting from the violation.
35 (iv) Whether the employer made good faith efforts to comply with any
36 applicable requirements.
37 (v) The duration of the violation.
38 (vi) The role of the directors, officers or principals of the employer
39 in the violation.
40 (vii) Any other factors the court deems appropriate.
41 (d) Order the employer to file a signed sworn affidavit with the
42 county attorney. The affidavit shall state that the employer has terminated
43 the employment of all unauthorized aliens in this state and that the employer
44 will not intentionally or knowingly employ an unauthorized alien in this
45 state. The court shall order the appropriate agencies to suspend all
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1 licenses subject to this subdivision that are held by the employer if the
2 employer fails to file a signed sworn affidavit with the county attorney
3 within three business days after the order is issued. All licenses that are
4 suspended under this subdivision for failing to file a signed sworn affidavit
5 shall remain suspended until the employer files a signed sworn affidavit with
6 the county attorney. For the purposes of this subdivision, the licenses that
7 are subject to suspension under this subdivision are all licenses that are
8 held by the employer specific to the business location where the unauthorized
9 alien performed work. If the employer does not hold a license specific to
10 the business location where the unauthorized alien performed work, but a
11 license is necessary to operate the employer's business in general, the
12 licenses that are subject to suspension under this subdivision are all
13 licenses that are held by the employer at the employer's primary place of
14 business. On receipt of the court's order and notwithstanding any other law,
15 the appropriate agencies shall suspend the licenses according to the court's
16 order. The court shall send a copy of the court's order to the attorney
17 general and the attorney general shall maintain the copy pursuant to
18 subsection G of this section.
19 2. For a second violation, as described in paragraph 3 of this
20 subsection, the court shall order the appropriate agencies to permanently
21 revoke all licenses that are held by the employer specific to the business
22 location where the unauthorized alien performed work. If the employer does
23 not hold a license specific to the business location where the unauthorized
24 alien performed work, but a license is necessary to operate the employer's
25 business in general, the court shall order the appropriate agencies to
26 permanently revoke all licenses that are held by the employer at the
27 employer's primary place of business. On receipt of the order and
28 notwithstanding any other law, the appropriate agencies shall immediately
29 revoke the licenses.
30 3. The violation shall be considered:
31 (a) A first violation by an employer at a business location if the
32 violation did not occur during a probationary period ordered by the court
33 under this subsection or section 23-212, subsection F for that employer's
34 business location.
35 (b) A second violation by an employer at a business location if the
36 violation occurred during a probationary period ordered by the court under
37 this subsection or section 23-212, subsection F for that employer's business
38 location.
39 G. The attorney general shall maintain copies of court orders that are
40 received pursuant to subsection F of this section and shall maintain a
41 database of the employers and business locations that have a first violation
42 of subsection A of this section and make the court orders available on the
43 attorney general's website.
44 H. On determining whether an employee is an unauthorized alien, the
45 court shall consider only the federal government's determination pursuant to
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1 8 United States Code section 1373(c). The federal government's determination
2 creates a rebuttable presumption of the employee's lawful status. The court
3 may take judicial notice of the federal government's determination and may
4 request the federal government to provide automated or testimonial
5 verification pursuant to 8 United States Code section 1373(c).
6 I. For the purposes of this section, proof of verifying the employment
7 authorization of an employee through the e-verify program creates a
8 rebuttable presumption that an employer did not intentionally employ an
9 unauthorized alien.
10 J. For the purposes of this section, an employer that establishes that
11 it has complied in good faith with the requirements of 8 United States Code
12 section 1324a(b) establishes an affirmative defense that the employer did not
13 intentionally employ an unauthorized alien. An employer is considered to
14 have complied with the requirements of 8 United States Code section 1324a(b),
15 notwithstanding an isolated, sporadic or accidental technical or procedural
16 failure to meet the requirements, if there is a good faith attempt to comply
17 with the requirements.
18 K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS
19 SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE EMPLOYER
20 MUST ADMIT BY THE EMPLOYER'S TESTIMONY OR OTHER EVIDENCE THE SUBSTANTIAL
21 ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN ENTRAPMENT DEFENSE HAS
22 THE BURDEN OF PROVING THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE:
23 1. THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT
24 OFFICERS OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER.
25 2. THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE
26 EMPLOYER TO COMMIT THE VIOLATION.
27 3. THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE
28 LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE EMPLOYER TO
29 COMMIT THE VIOLATION.
30 L. AN EMPLOYER DOES NOT ESTABLISH ENTRAPMENT IF THE EMPLOYER WAS
31 PREDISPOSED TO VIOLATE SUBSECTION A OF THIS SECTION AND THE LAW ENFORCEMENT
32 OFFICERS OR THEIR AGENTS MERELY PROVIDED THE EMPLOYER WITH AN OPPORTUNITY TO
33 COMMIT THE VIOLATION. IT IS NOT ENTRAPMENT FOR LAW ENFORCEMENT OFFICERS OR
34 THEIR AGENTS MERELY TO USE A RUSE OR TO CONCEAL THEIR IDENTITY. THE CONDUCT
35 OF LAW ENFORCEMENT OFFICERS AND THEIR AGENTS MAY BE CONSIDERED IN DETERMINING
36 IF AN EMPLOYER HAS PROVEN ENTRAPMENT.
37 Sec. 8. Section 23-214, Arizona Revised Statutes, is amended to read:
38 23-214. Verification of employment eligibility; e-verify
39 program; economic development incentives; list of
40 registered employers
41 A. After December 31, 2007, every employer, after hiring an employee,
42 shall verify the employment eligibility of the employee through the e-verify
43 program AND SHALL KEEP A RECORD OF THE VERIFICATION FOR THE DURATION OF THE
44 EMPLOYEE'S EMPLOYMENT OR AT LEAST THREE YEARS, WHICHEVER IS LONGER.
S.B. 1070
- 14 -
1 B. In addition to any other requirement for an employer to receive an
2 economic development incentive from a government entity, the employer shall
3 register with and participate in the e-verify program. Before receiving the
4 economic development incentive, the employer shall provide proof to the
5 government entity that the employer is registered with and is participating
6 in the e-verify program. If the government entity determines that the
7 employer is not complying with this subsection, the government entity shall
8 notify the employer by certified mail of the government entity's
9 determination of noncompliance and the employer's right to appeal the
10 determination. On a final determination of noncompliance, the employer shall
11 repay all monies received as an economic development incentive to the
12 government entity within thirty days of the final determination. For the
13 purposes of this subsection:
14 1. "Economic development incentive" means any grant, loan or
15 performance-based incentive from any government entity that is awarded after
16 September 30, 2008. Economic development incentive does not include any tax
17 provision under title 42 or 43.
18 2. "Government entity" means this state and any political subdivision
19 of this state that receives and uses tax revenues.
20 C. Every three months the attorney general shall request from the
21 United States department of homeland security a list of employers from this
22 state that are registered with the e-verify program. On receipt of the list
23 of employers, the attorney general shall make the list available on the
24 attorney general's website.
25 Sec. 9. Section 28-3511, Arizona Revised Statutes, is amended to read:
26 28-3511. Removal and immobilization or impoundment of vehicle
27 A. A peace officer shall cause the removal and either immobilization
28 or impoundment of a vehicle if the peace officer determines that a person is
29 driving the vehicle while any of the following applies:
30 1. The person's driving privilege is suspended or revoked for any
31 reason.
32 2. The person has not ever been issued a valid driver license or
33 permit by this state and the person does not produce evidence of ever having
34 a valid driver license or permit issued by another jurisdiction. This
35 paragraph does not apply to the operation of an implement of husbandry.
36 3. The person is subject to an ignition interlock device requirement
37 pursuant to chapter 4 of this title and the person is operating a vehicle
38 without a functioning certified ignition interlock device. This paragraph
39 does not apply to a person operating an employer's vehicle or the operation
40 of a vehicle due to a substantial emergency as defined in section 28-1464.
41 4. THE PERSON IS IN VIOLATION OF A CRIMINAL OFFENSE AND IS
42 TRANSPORTING, MOVING, CONCEALING, HARBORING OR SHIELDING OR ATTEMPTING TO
43 TRANSPORT, MOVE, CONCEAL, HARBOR OR SHIELD AN ALIEN IN THIS STATE IN A
44 VEHICLE IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT THE ALIEN
45 HAS COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES IN VIOLATION OF LAW.
S.B. 1070
- 15 -
1 B. A peace officer shall cause the removal and impoundment of a
2 vehicle if the peace officer determines that a person is driving the vehicle
3 and if all of the following apply:
4 1. The person's driving privilege is canceled, suspended or revoked
5 for any reason or the person has not ever been issued a driver license or
6 permit by this state and the person does not produce evidence of ever having
7 a driver license or permit issued by another jurisdiction.
8 2. The person is not in compliance with the financial responsibility
9 requirements of chapter 9, article 4 of this title.
10 3. The person is driving a vehicle that is involved in an accident
11 that results in either property damage or injury to or death of another
12 person.
13 C. Except as provided in subsection D of this section, while a peace
14 officer has control of the vehicle the peace officer shall cause the removal
15 and either immobilization or impoundment of the vehicle if the peace officer
16 has probable cause to arrest the driver of the vehicle for a violation of
17 section 4-244, paragraph 34 or section 28-1382 or 28-1383.
18 D. A peace officer shall not cause the removal and either the
19 immobilization or impoundment of a vehicle pursuant to subsection C of this
20 section if all of the following apply:
21 1. The peace officer determines that the vehicle is currently
22 registered and that the driver or the vehicle is in compliance with the
23 financial responsibility requirements of chapter 9, article 4 of this title.
24 2. The spouse of the driver is with the driver at the time of the
25 arrest.
26 3. The peace officer has reasonable grounds to believe that the spouse
27 of the driver:
28 (a) Has a valid driver license.
29 (b) Is not impaired by intoxicating liquor, any drug, a vapor
30 releasing substance containing a toxic substance or any combination of
31 liquor, drugs or vapor releasing substances.
32 (c) Does not have any spirituous liquor in the spouse's body if the
33 spouse is under twenty-one years of age.
34 4. The spouse notifies the peace officer that the spouse will drive
35 the vehicle from the place of arrest to the driver's home or other place of
36 safety.
37 5. The spouse drives the vehicle as prescribed by paragraph 4 of this
38 subsection.
39 E. Except as otherwise provided in this article, a vehicle that is
40 removed and either immobilized or impounded pursuant to subsection A, B or C
41 of this section shall be immobilized or impounded for thirty days. An
42 insurance company does not have a duty to pay any benefits for charges or
43 fees for immobilization or impoundment.
44 F. The owner of a vehicle that is removed and either immobilized or
45 impounded pursuant to subsection A, B or C of this section, the spouse of the
S.B. 1070
- 16 -
1 owner and each person identified on the department's record with an interest
2 in the vehicle shall be provided with an opportunity for an immobilization or
3 poststorage hearing pursuant to section 28-3514.
4 Sec. 10. Title 41, chapter 12, article 2, Arizona Revised Statutes, is
5 amended by adding section 41-1724, to read:
6 41-1724. Gang and immigration intelligence team enforcement
7 mission fund
8 THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND IS
9 ESTABLISHED CONSISTING OF MONIES DEPOSITED PURSUANT TO SECTION 11-1051 AND
10 MONIES APPROPRIATED BY THE LEGISLATURE. THE DEPARTMENT SHALL ADMINISTER THE
11 FUND. MONIES IN THE FUND ARE SUBJECT TO LEGISLATIVE APPROPRIATION AND SHALL
12 BE USED FOR GANG AND IMMIGRATION ENFORCEMENT AND FOR COUNTY JAIL
13 REIMBURSEMENT COSTS RELATING TO ILLEGAL IMMIGRATION.
14 Sec. 11. Severability, implementation and construction
15 A. If a provision of this act or its application to any person or
16 circumstance is held invalid, the invalidity does not affect other provisions
17 or applications of the act that can be given effect without the invalid
18 provision or application, and to this end the provisions of this act are
19 severable.
20 B. The terms of this act regarding immigration shall be construed to
21 have the meanings given to them under federal immigration law.
22 C. This act shall be implemented in a manner consistent with federal
23 laws regulating immigration, protecting the civil rights of all persons and
24 respecting the privileges and immunities of United States citizens.
25 Sec. 12. Short title
26 This act may be cited as the "Support Our Law Enforcement and Safe
27 Neighborhoods Act".
Saturday, May 15, 2010
Mosque Being Built at Ground Zero…Spitting in the Face of Everyone Murdered on 9/11
(posted with permision by Gadi Adelman)
Gadi Adelman
Counter-Terrorism Expert, Author and Speaker
http://gadiadelman.com/articles/3-islam/31-spitting-in-the-face-of-everyone-murdered-on-911
A $100 million, 13-story "Community Center" only 600 feet from Ground Zero - complete with library, public conference rooms, fitness center, basketball courts, swimming pool, a 500-seat performing arts theater and restaurants - passed a major hurdle Wednesday night.
Well, its official, we have all lost our minds.
I read about this last December - plans for a mosque at Ground Zero. But like a fool, I assumed that New Yorkers would never let this come to pass. A mosque just 600 feet from where the World Trade Center towers once stood. I thought to myself; no way will New York or anyone with a heart or soul, not to mention, just plain common sense ever allow a mosque to be built anywhere near Ground Zero. But, as I said, I am a fool.
The project of a community center /mosque is being proposed by two organizations, the American Society for Muslim Advancement (ASMA) and their sister organization, the Cordoba Initiative. This past Wednesday night they made their presentation to the Community Board of lower Manhattan (CB1). Twelve people sit on the board and would you like to guess what the final vote was? Get ready to grab a barf bag ... The 12 members voted unanimously to support the project. Yes, it's not a typo, it was unanimous, all were in favor and to give you an idea of how excited the board members were, they applauded during the presentation.
In an article in the New York Daily News on Thursday, retired FDNY Deputy Chief Jim Richessaid,
"I realize it's not all of them, but I don't want to have to go down to a memorial where my son died on 9/11 and look at a mosque. If you ask me, it's a religion of hate." Deputy Chief Richessaid lost his son Jim, a Firefighter, on 9/11.
Also quoted in the article was Rosemary Cain of Massapequa, L.I., whose son, Firefighter George Cain, 35, was killed in the 2001 attacks, she called the project,
"a slap in the face. I think it's despicable. That's sacred ground," said Cain, "How could anybody give them permission to build a mosque there? It tarnishes the area."
The mosque would be located in a former Burlington Coat Factory outlet which is just two blocks, or 600 feet, from where the World Trade Towers once stood. I find it rather ironic that the building has been mostly abandoned since 9/11 because the landing gear of one of the hijacked airplanes crashed through its roof.
The leader and co-founder of the project, imam, Feisal Abdul Rauf, paid $4.85 million for the building in December last year.
In a Fox NY channel 5 interview on Thursday, a 9/11 firefighter Tim Brown described the mosque project as,
"a Trojan horse being rolled into our most sacred ground." He asked the mosque's imam, Feisal Abdul Rauf, where did Rauf get the reported $4.85 million in cash to purchase the building? Needless to say, that question was never answered in full; Rauf would only say that the cash came from members of the community.
Tim Brown is a former NY Firefighter and one of the few 9/11 survivors to survive the collapse of both WTC towers. He was also a first responder to the 1993 WTC bombing also by a group of Islamic terrorists. He is the founder of the website thebravest.com.
I spoke with Matt Dunning, the Associate Editor of the Tribeca Trib newspaper on the telephone on Sunday. The Tribeca Trib is a monthly newspaper that covers lower Manhattan. Unlike most publications today, they actually report the news. Mr. Dunning explained to me that they "do not even do editorials for that reason," they report on facts. He was at the CB1 board meeting Wednesday night. We spoke about his article on the meeting and I must say I was shocked when Dunning told me that "not one person from the community came to the meeting was in opposition, if someone had been, we would have reported it."
This was a public board meeting and no who lives or works in this area even showed up to voice their opinion that they opposed the mosque? Have we actually gotten to the point in this country where forgiveness overrides sense?
Back on December 16, 2009, in an article written shortly after the purchase of the building, Youssef M. Ibrahim wrote the following in Hudson NY,
"As a former New York Times and Wall Street Journal correspondent, and as a New York Sun columnist who covered Islamic Fundamentalism extensively overseas and in the USA, I find the facts oddly lacking. The story as reported fails to answer, and avoids asking, so many pertinent questions.
The source of money matters as a significant part of the hundreds of mosques being built and already erected in this country double up as cultural Islamic centers for distributing literature- Islamist propaganda in fact-from Bay Ridge Brooklyn to Detroit, and for schooling growing Muslim minorities. They house Imams of unknown origin and education, many of whom do not speak a word of English but preach in Arabic and Urdu - radical messages, it often turns out.
As a reporter familiar with the Arab communities of the USA, I doubt the faithful fork out all that money for mega mosques, and if they did, the mayor's office should prove it, not merely accept someone's say so. It is an established fact that a significant percentage of the mosques built in the USA in the past two decades are receiving a disproportionate amount of their funds not only from the Saudis, but also the UAE, Qatar and Iran - all problematic Islamists activist nations. The government just discontinued work on a major Iranian-funded mosque and center in New York City, which had operated under the radar since the days of the good old Shah of Iran under the auspices of the Pahlavi Foundation, and has been owned since 1979 by the Mullahs of Iran.
The context here is that 15 of the 19 perpetrators of the attacks - on the very site where this new mosque shall rise - came from Saudi Arabia."
He ended his article with "One would hope for a follow-up story or stories, and that New York City and its citizens at least ask harder questions, rather than submit to being mislead in the interest of political correctness."
The estimated cost for the 13 story building is $100 million. According to page 8 of the ASMA website financial statements for the fiscal year ending June 30, 2009 they have "temporarily restricted net assets" as follows:
UNFPA (United Nations Population Fund) $ 53,664
MDG3 Fund (Millennium Development Goals) $481,942
Hunt Alternatives Fund $15,000
Carnegie Corporation of N.Y. $ 144,752
The Rockefeller Brothers Fund $50,000
Qatar government fund $576,312
Interestingly, I had no trouble locating all of the groups as linked above, except for the Qatar government fund, who donated over half a million dollars to ASMA in 2009.
The fact the UN has a hand in this really comes as no surprise or shock to me given that just last week they embraced the Islamic Republic of Iran by allowing them to become a member of The Commission on the Status of Women, as I wrote about in my article "Even if it were a joke, it wouldn't be funny".
Also, according to the same financial statement, on page 10 of the report they list their "Expenditure report for the period October 13, 2008 to June 30, 2009" leaving ASMA with a balance of $988,586.00 when converted from Euros to Dollars using the conversion noted on the same page.
So, assuming this "independent" audit is correct they ended their fiscal year on June 30, 2009 with a balance of almost $1 million. I wonder then, where is the money for a $100 million mosque coming from?
As Youssef M. Ibrahim wrote in his article, "It is an established fact that a significant percentage of the mosques built in the USA in the past two decades are receiving a disproportionate amount of their funds not only from the Saudis, but also the UAE, Qatar and Iran - all problematic Islamists activist nations."
Does anyone have the sense to connect the dots and follow the money trail? Is it not enough that the terrorists who were responsible for 9/11 are from the same country that is funding mosques all over country, that we have to allow them to fund the building of a mosque in the very location where they committed the most heinous act in American history?
Using this analogy, had the bomb last week in Times Square actually gone off, we would be planning a mosque there right now.
Currently, in the U.S. there are over 1,200 mosques with at least one in each state. I don't see the need to have one at the same location where nearly 3,000 people were murdered by terrorists who were following an Islamic ideology that is being preached inside them
I just can`t fathom the outrage and disgrace that the survivors of the victims of the trade center bombings feel, this is truely the end of days!
Shame on all you islam sympathizers!
Sunday, May 9, 2010
We Now Owe Greece Because Of Their Unions - Makes Sense Don't It
I don’t share the intuition or the instinctive move that some of you do that violence is ahead(although alot of you people do), that the way – that things are going to devolve to the point where there’s going to be shooting. I just, I think that the situation, and because of the amount of people and the geographic area that is concerned here, is just too large for that. I mean, we’re aware, and don’t take this wrong, you people, you’re going to go out there and go, we’re a bunch of socialists. We’re a bunch of soviets.” We’re where the soviet republics were in the late 1980s, struggling and grappling with the end of communism and struggling and grappling with what was called “perestroika” at the time, what direction did the soviet republics, which are filled with people that are not communists, they never wanted to be communists, they were forced into being communists.
And what did the soviet republics do people? And there was no shots fired. Gorbachev didn’t try and stop them when they began seceding out of the Soviet Union, just said the heck with this, no more, we’re going to make our own laws. You don’t run us anymore. You know, point your nukes somewhere else, we’re done with you. And I think that that is really the direction that reasonable individuals in this union ought to be looking. The utility, the utility of the union that once was is an anchor around many people’s necks because the parasite class and the government class has expanded to the point to where an honest man cannot make an honest wage and get ahead in his life because so much of it is taken from him. And so many rules are put on him in that endeavor. I mean, we’re being sold to the Third World and to big global banks at some levels.
Matter of fact, I got a story here today, Senator Jim DeMint, did you know this, says that part of the Greek bailout is going to be paid by U.S. taxpayers(80 billion). Did you go to work this morning, Bart, thinking that an hour of your labor was going to be given to some Grecian hack over there who’s demanding his pension be honored? We’re where the soviets were. And the soviets – imagine this. We’re Americans. We’re supposed to be the beacons of liberty. And we’re sitting here telling people, oh, no, you’re a slave to this union forever, bucko. Get used to it. And the people that were actual slaves, military slaves to a union, the soviet republics, said no, we’re not slaves, and they got out of it. We have this backwards, don’t we?
There’s two concepts that are at war here really. One is that people are idiots. People are, by and large, lazy, shiftless fools and idiots. And because they are idiots, we must not allow the idiots to live in the conditions that they themselves create for themselves. We must do everything in our power, because we’re not idiots, to mitigate their own influence on their own lives. And so to do that, since we’ve given up on charity, we have to have these things called governments. And government has to take wealth and transfer it from the people that aren’t idiots to the idiot class.
The scam is, is that the idiots are being confiscated from, and their wealth is being transferred to the elite, to the smart class. The wealth transfers happen in reverse. We keep hearing about wealth transfers. Well, where’s the wealth going to? It’s not just going to the recipient class. It’s also going to Mr. Goldman and Mr. Sachs. It is also going to Mr. Blankfein. It is also going to Fannie Mae and Freddie Mac. These people aren’t poor. They live in bigger houses than you do. It’s also going to people that are running around, working at these things called think tanks, working at various government agencies doing nothing other than harassing people. Do they live in Section 8 housing? No, they live in nicer houses than most of us do.
And the other, the competing, and the philosophy that ought to hold sway, that held sway for Mr. Jefferson and for the founding generation, was that that centralization is the bane of human existence. It has created war, wreaked havoc, and made people slaves for all of recorded history. We had that one little sliver in there from the founding of Jamestown all the way up until, say, the mid-1930s or so, where men and women on this continent, by and large – don’t call me up about slavery – were by and large masters of their own destinies and were free. You can argue about how free they were or what governments did or did not do. But by and large they were free.
And when I say it’s a sliver, I mean, we have 8,000 years of recorded history, so 300 years is a sliver. Small fraction of it. In the last 70 years we have lived under the opposite of the way that our forefathers lived. And there are some people that are content with that. And yet they parade themselves around as conservatives. And I always want to ask them the question, what exactly are you trying to conserve? And is it those big alabaster-clad pillared buildings in Washington, D.C.? You know how many people think that it’s a great tourist destination to go see the pillars and the monuments that government has erected to itself in Washington? Do you realize how sick that is? Think about that for, oh, I want to go to D.C. for vacation this year. I want to go see this. Other than the Jefferson Memorial, there’s really not much to see, than the museum that was erected by, oh, what was his name, oh, I’ve got a brain spasm. He was the treasury secretary for three presidents. Carnegie, Andrew Carnegie. Not Andrew Carnegie. Oh, man. It’ll come to me in a minute. Anyways, there’s a – he built a museum to compete with Roosevelt’s government-funded museum. And I can’t think of his name to save my life. But that museum is still there.
But think about that concept. Do you think George Washington would want that obelisk at the end of the Mall there in his honor? He’d puke on it. He’d retch. He’d go, like, you need to tear that – first thing we’re going to do is tear that down. So we have a view that government is good instead of a view that government is necessary. There’s a difference. Government is necessary. But is it good? Well, our founders didn’t believe that it was good, and they did everything in their power to mitigate what it could do to you and what it could do to me. This is why you’ll see throughout the writings of the founding generation, just look at the Preamble. We the People, in order to form a more perfect union, establish justice, provide for the common defense, ensure domestic tranquility, and to secure the blessings of liberty to ourselves and who? – our posterity – do ordain and establish this Constitution. They looked forward and future.
And the reason there is a written Constitution was because – is and was because it was an attempt to limit what government could do because history demonstrated, all history, that’s Helvetic history, that’s Roman history, that’s Greek history, that’s Egyptian history, that’s all the history of the Middle Ages, that’s European history, all history demonstrated governments were not to be trusted. And only when people were free to make their own decisions and to interact among themselves in an ordered society with a limited government was there true freedom and liberty. And yet today we sit here and we think that, oh, we can manage our government, though. Yeah, we can send Gingrich up there, and Romney, and they’ll manage it for us [raspberry]. Your friends and neighbors believe this, ladies and gentlemen. And as long as they do, then you will always go to work, and you will always slave at their behest. I say take the founders’ red pill and reject the whole damn thing. “Oh, we’re going to have a fair and balanced debate. This guy’s a conservative, and that girl’s a liberal.” What the hell is a liberal anymore? How do we even know?
And what did the soviet republics do people? And there was no shots fired. Gorbachev didn’t try and stop them when they began seceding out of the Soviet Union, just said the heck with this, no more, we’re going to make our own laws. You don’t run us anymore. You know, point your nukes somewhere else, we’re done with you. And I think that that is really the direction that reasonable individuals in this union ought to be looking. The utility, the utility of the union that once was is an anchor around many people’s necks because the parasite class and the government class has expanded to the point to where an honest man cannot make an honest wage and get ahead in his life because so much of it is taken from him. And so many rules are put on him in that endeavor. I mean, we’re being sold to the Third World and to big global banks at some levels.
Matter of fact, I got a story here today, Senator Jim DeMint, did you know this, says that part of the Greek bailout is going to be paid by U.S. taxpayers(80 billion). Did you go to work this morning, Bart, thinking that an hour of your labor was going to be given to some Grecian hack over there who’s demanding his pension be honored? We’re where the soviets were. And the soviets – imagine this. We’re Americans. We’re supposed to be the beacons of liberty. And we’re sitting here telling people, oh, no, you’re a slave to this union forever, bucko. Get used to it. And the people that were actual slaves, military slaves to a union, the soviet republics, said no, we’re not slaves, and they got out of it. We have this backwards, don’t we?
There’s two concepts that are at war here really. One is that people are idiots. People are, by and large, lazy, shiftless fools and idiots. And because they are idiots, we must not allow the idiots to live in the conditions that they themselves create for themselves. We must do everything in our power, because we’re not idiots, to mitigate their own influence on their own lives. And so to do that, since we’ve given up on charity, we have to have these things called governments. And government has to take wealth and transfer it from the people that aren’t idiots to the idiot class.
The scam is, is that the idiots are being confiscated from, and their wealth is being transferred to the elite, to the smart class. The wealth transfers happen in reverse. We keep hearing about wealth transfers. Well, where’s the wealth going to? It’s not just going to the recipient class. It’s also going to Mr. Goldman and Mr. Sachs. It is also going to Mr. Blankfein. It is also going to Fannie Mae and Freddie Mac. These people aren’t poor. They live in bigger houses than you do. It’s also going to people that are running around, working at these things called think tanks, working at various government agencies doing nothing other than harassing people. Do they live in Section 8 housing? No, they live in nicer houses than most of us do.
And the other, the competing, and the philosophy that ought to hold sway, that held sway for Mr. Jefferson and for the founding generation, was that that centralization is the bane of human existence. It has created war, wreaked havoc, and made people slaves for all of recorded history. We had that one little sliver in there from the founding of Jamestown all the way up until, say, the mid-1930s or so, where men and women on this continent, by and large – don’t call me up about slavery – were by and large masters of their own destinies and were free. You can argue about how free they were or what governments did or did not do. But by and large they were free.
And when I say it’s a sliver, I mean, we have 8,000 years of recorded history, so 300 years is a sliver. Small fraction of it. In the last 70 years we have lived under the opposite of the way that our forefathers lived. And there are some people that are content with that. And yet they parade themselves around as conservatives. And I always want to ask them the question, what exactly are you trying to conserve? And is it those big alabaster-clad pillared buildings in Washington, D.C.? You know how many people think that it’s a great tourist destination to go see the pillars and the monuments that government has erected to itself in Washington? Do you realize how sick that is? Think about that for, oh, I want to go to D.C. for vacation this year. I want to go see this. Other than the Jefferson Memorial, there’s really not much to see, than the museum that was erected by, oh, what was his name, oh, I’ve got a brain spasm. He was the treasury secretary for three presidents. Carnegie, Andrew Carnegie. Not Andrew Carnegie. Oh, man. It’ll come to me in a minute. Anyways, there’s a – he built a museum to compete with Roosevelt’s government-funded museum. And I can’t think of his name to save my life. But that museum is still there.
But think about that concept. Do you think George Washington would want that obelisk at the end of the Mall there in his honor? He’d puke on it. He’d retch. He’d go, like, you need to tear that – first thing we’re going to do is tear that down. So we have a view that government is good instead of a view that government is necessary. There’s a difference. Government is necessary. But is it good? Well, our founders didn’t believe that it was good, and they did everything in their power to mitigate what it could do to you and what it could do to me. This is why you’ll see throughout the writings of the founding generation, just look at the Preamble. We the People, in order to form a more perfect union, establish justice, provide for the common defense, ensure domestic tranquility, and to secure the blessings of liberty to ourselves and who? – our posterity – do ordain and establish this Constitution. They looked forward and future.
And the reason there is a written Constitution was because – is and was because it was an attempt to limit what government could do because history demonstrated, all history, that’s Helvetic history, that’s Roman history, that’s Greek history, that’s Egyptian history, that’s all the history of the Middle Ages, that’s European history, all history demonstrated governments were not to be trusted. And only when people were free to make their own decisions and to interact among themselves in an ordered society with a limited government was there true freedom and liberty. And yet today we sit here and we think that, oh, we can manage our government, though. Yeah, we can send Gingrich up there, and Romney, and they’ll manage it for us [raspberry]. Your friends and neighbors believe this, ladies and gentlemen. And as long as they do, then you will always go to work, and you will always slave at their behest. I say take the founders’ red pill and reject the whole damn thing. “Oh, we’re going to have a fair and balanced debate. This guy’s a conservative, and that girl’s a liberal.” What the hell is a liberal anymore? How do we even know?
Wednesday, May 5, 2010
According to the washington post, Racism Is Now Worse Than Murder And Rape
Brendan Steinhauser, campaign director for FreedomWorks, a national group that helps coordinate Tea Party activists, said, “We don’t want the worst elements to take this over. If they do, the Tea Party loses independence. It loses moderates.” There’s that word again. “Oh, everything’s got to be – we must [indiscernible], all hail moderate. All hail moderate.” It loses people who don’t tolerate this. Being a racist is one of the worst things you can be in this society. No, being a rapist is one of the worst things you can be in this society. Being a murderer is one of the worst things you can be in this society. Being a criminal grand larcenist is one of the worst things you can be in this society. “Being a racist is one of the worst things.” Everything, again, there it is, everything’s about race. And these are people that are supposed to be conservatives throwing the towel in. You don’t play by the left’s rules.
So here’s what’s happening here. You have the continued undermining, I mean, you’re sending moles in by the thousands. These groups in Washington, the National Republican Party so desperately want you people in the Tea Party, and many of you have already done this anyways, but they want the rest of you to join their ranks, hold hands, sing the Coke song. Let’s all get along. Yes. And let’s all watch that fading dream of little “r” republicanism and constitutional rule finally just go the way of the freaking Edsel. We might actually, since we can’t, it’s becoming more and more apparent, short of an Article V Convention, to amend the Constitution as I have proposed and Dr. Gutzman has proposed and Professor Barnett has proposed and Bruce Fein has proposed and Tony Blankley has proposed, they all concur. Short of a convention to amend the Constitution and actually have a discussion about federalism and little “r” republicanism actually matters and changes the way we do business, we’re cooked. We’re cooked.
You people that are out there that are subscribing to this FreedomWorks notions, though, you’re being hoodwinked. You’re being hornswoggled, in the words of, what is his name, the rooster. Oh, I’ve got a brain spasm here. Foghorn Leghorn. “No one wants to be labeled this,” Mr. Steinhauser said. “The challenge is made tougher by one of the defining elements of the Tea Party movement. No person controls it.” That doesn’t make it tougher. That’s what makes it good. Central planning is the bane of free societies.
Boy, you know what, folks, I’m just going to go hoarse here discussing this because it’s so maddening. The whole point of little “r” republicanism and federalism is not to be centrally planned unless it is in very few, very limited instances. And for very limited power exercises like border defense, rules of naturalization, how much an ounce of gold is worth. Actually the market determines that. But when it applies to currency, somebody has to regulate this. And I don’t mean the Federal Reserve. You congregate in central, or you use central planning or central government for very, very few and specific purposes. But that’s what makes it hard to be a Tea Party, because you’re not central. And that’s the whole deal. That is –that’s it in a nutshell, in one sentence.
From today’s Washington Post, “The challenge is made tougher by one of the defining elements to the Tea Party movement: No one person controls it. There is no national communications strategy. And incidents of racist slogans and derisive depictions of President Obama continue to crop up, providing fuel for critics who say the President’s skin color is a powerful reason behind the movement’s existence.” Yes, yes, yes, because we all oppose Castro because he’s brown; right? We all oppose Castro and Marxist communism because Castro is a black man; right? Did you know that, Young Sam? Did you know that Castro was black? Did you know that Hugo Chavez was black? Did you know that the tinhorn tyrant of Pyongyang, Kim Jong Il, was black? And this is why he is so despised amongst free-thinking people the world over is because he’s black. Did you know that Vladimir Putin was black? Yes, he was. He must be, because I oppose him. And I could go on and on and on and on.
“Supporters and opponents alike say the movement draws its strength from opposition to Obama’s policies, but they split deeply on the race question, according to the poll: About 61 percent of Tea Party opponents say racism has a lot to do with the movement, a view held by just 7 percent of Tea Party supporters.” So the press has been and is being very successful in convincing everyone who’s not a tea partier that those that are tea partiers are all, in the evening, meeting in someone’s basement or someone’s garage. There’s a hidden closet there. And in the hidden closet are the sheets and hoods. I don’t know where all the dry cleaning’s going on at. But, yeah, we all got sheets and hoods. Where do you get your sheet and hood dry cleaned at? Boy, I tell you, there’s some dry cleaner out there is making a mint, starching those hoods and making them stand up all pointy and tall. If this weren’t on the pages of the Washington newspaper of record, the Washington Compost, it’d be laughable.
The basic point is this, ladies and gentlemen. Be prepared because these people, the left is not going to stop. Here’s the rallying cry of the left. Confederate racist, confederate racist, Southern slave owner racist. You do this, you’re a racist. And again, remember, the only reason that anyone in the United States or free people, free-thinking people across the globe oppose Fidel Castro is because he’s a black man.
So here’s what’s happening here. You have the continued undermining, I mean, you’re sending moles in by the thousands. These groups in Washington, the National Republican Party so desperately want you people in the Tea Party, and many of you have already done this anyways, but they want the rest of you to join their ranks, hold hands, sing the Coke song. Let’s all get along. Yes. And let’s all watch that fading dream of little “r” republicanism and constitutional rule finally just go the way of the freaking Edsel. We might actually, since we can’t, it’s becoming more and more apparent, short of an Article V Convention, to amend the Constitution as I have proposed and Dr. Gutzman has proposed and Professor Barnett has proposed and Bruce Fein has proposed and Tony Blankley has proposed, they all concur. Short of a convention to amend the Constitution and actually have a discussion about federalism and little “r” republicanism actually matters and changes the way we do business, we’re cooked. We’re cooked.
You people that are out there that are subscribing to this FreedomWorks notions, though, you’re being hoodwinked. You’re being hornswoggled, in the words of, what is his name, the rooster. Oh, I’ve got a brain spasm here. Foghorn Leghorn. “No one wants to be labeled this,” Mr. Steinhauser said. “The challenge is made tougher by one of the defining elements of the Tea Party movement. No person controls it.” That doesn’t make it tougher. That’s what makes it good. Central planning is the bane of free societies.
Boy, you know what, folks, I’m just going to go hoarse here discussing this because it’s so maddening. The whole point of little “r” republicanism and federalism is not to be centrally planned unless it is in very few, very limited instances. And for very limited power exercises like border defense, rules of naturalization, how much an ounce of gold is worth. Actually the market determines that. But when it applies to currency, somebody has to regulate this. And I don’t mean the Federal Reserve. You congregate in central, or you use central planning or central government for very, very few and specific purposes. But that’s what makes it hard to be a Tea Party, because you’re not central. And that’s the whole deal. That is –that’s it in a nutshell, in one sentence.
From today’s Washington Post, “The challenge is made tougher by one of the defining elements to the Tea Party movement: No one person controls it. There is no national communications strategy. And incidents of racist slogans and derisive depictions of President Obama continue to crop up, providing fuel for critics who say the President’s skin color is a powerful reason behind the movement’s existence.” Yes, yes, yes, because we all oppose Castro because he’s brown; right? We all oppose Castro and Marxist communism because Castro is a black man; right? Did you know that, Young Sam? Did you know that Castro was black? Did you know that Hugo Chavez was black? Did you know that the tinhorn tyrant of Pyongyang, Kim Jong Il, was black? And this is why he is so despised amongst free-thinking people the world over is because he’s black. Did you know that Vladimir Putin was black? Yes, he was. He must be, because I oppose him. And I could go on and on and on and on.
“Supporters and opponents alike say the movement draws its strength from opposition to Obama’s policies, but they split deeply on the race question, according to the poll: About 61 percent of Tea Party opponents say racism has a lot to do with the movement, a view held by just 7 percent of Tea Party supporters.” So the press has been and is being very successful in convincing everyone who’s not a tea partier that those that are tea partiers are all, in the evening, meeting in someone’s basement or someone’s garage. There’s a hidden closet there. And in the hidden closet are the sheets and hoods. I don’t know where all the dry cleaning’s going on at. But, yeah, we all got sheets and hoods. Where do you get your sheet and hood dry cleaned at? Boy, I tell you, there’s some dry cleaner out there is making a mint, starching those hoods and making them stand up all pointy and tall. If this weren’t on the pages of the Washington newspaper of record, the Washington Compost, it’d be laughable.
The basic point is this, ladies and gentlemen. Be prepared because these people, the left is not going to stop. Here’s the rallying cry of the left. Confederate racist, confederate racist, Southern slave owner racist. You do this, you’re a racist. And again, remember, the only reason that anyone in the United States or free people, free-thinking people across the globe oppose Fidel Castro is because he’s a black man.
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