Continuation of SB 1070

This started out as a comment on Warthogs previous blog, but it ran a little long so I just created another blog. Please read the full version of the new law that Warthog posted. I know, it’s a little long and a whole lot of boring legalese, but there is a lot of misinformation being thrown around out there. Read it and decide for yourself.

So here is my $0.02

I keep hearing over and over that an individual state should not be able to enforce laws that are specifically given to the federal government. That the constitution and the US federal codes are the laws of the land and states should not interfere. Unfortunately I only hear this argument now, on this law. These are the same people that argued Kalifornia had an absolute right to legalize marijuana for "medicinal" purposes, and now legislation to outright legalize it all together. Both in direct violation of United States law. Some of these people are screaming the loudest now. Why is one perceived violation of federal law ok and one isn't? I have been EXTREMELY outspoken when it comes to state's rights. I have said that I don't care if Cali wants legalized marijuana. Hell, I don't care if AZ does! I think individuals in their particular states should have the right to choose how they want to live, and what laws they want to be governed under. By no means does this mean I think a state should be allowed to violate any individual’s rights in order to achieve these goals. And nowhere in this current law do I think this is now accepted.

I am so frustrated that people are against this law. How can you say this law is unconstitutional? IT'S ALREADY AGAINST THE FREAKIN' LAW TO BE HERE WITHOUT PERMISSION!!! If it's already a law, how can this law be unconstitutional? And if you’re going to argue that it’s only a federal law....see above paragraph. If you still think the same way, ask yourself if you supported the marijuana laws in California, or the gay marriage laws in the other states, or the original CCW laws issued by individual states. If you supported these other laws, you don’t have any right to criticize this one. They are all about states’ rights. I supported, and still do, every single one of these laws.

Here is another prime example. It is currently against federal law to be in possession of a shotgun that has a barrel length less than 18 inches. It is also against Arizona law. ARS 13-3101.8.iv gives the definition of a prohibited weapon. ARS 13-3102.3 says it’s against the law to be in possession of this type of prohibited weapon. WHERE IS THE OUTRAGE! THE PROTESTS! HOW DARE ARIZONA ENCROACH ON FEDERAL LAWS!

I welcome any and all questions on how this type of law would be enforced. I can only tell you right now that I don't believe its going to be any different with this law than any other type of detention or arrest. No where in this statute does it give an officer permission to stop an individual just to check on their immigration status. I also challenge you to find any type of that wording in this bill. And no, "in the normal course of an officer’s duty" does not mean the 4th amendment against search and seizure is now void. Any violation of this would result in sanctions against the officer both criminal and civil

Let’s talk about an example I was asked about the other day:

A person gets pulled over for speeding. That is a lawful detention. The officer asks for, and receives from the driver, an Arizona driver's license. Guess what? According to this new law, you have just proved you're either a citizen or have some type of long term/permanent residency in this state. Just by having an Arizona driver's license or ID card, you have satisfied the requirements set forth in this law because neither can be issued to aliens in AZ.

Let’s say you forgot your wallet or purse with your ID in it. No problem, a records check can verify if you have ever been issued one of these documents. Technically you can be arrested for driving a motor vehicle without ID, as this is a crime. If that happens, you’re fingerprinted, and guess what? Your immigration status is checked. Every person booked into the jail has there status checked. This is not something new. It has been this way for as long as I can remember.

Please feel free to ask any questions, make a comment, or pose any type of scenario you can think of. I will try my best to answer.

Bizarro World

Things are very weird in the world and I am extremely perplexed.

- The United Nations this week elected Iran to its Commission on the Status of Women
http://www.foxnews.com/opinion/2010/04/29/anne-bayefsky-iran-united-nations-commission-status-women-congress/

- Arizona is taking a lot of heat for making it illegal to be illegal
http://www.azcentral.com/news/articles/2010/04/29/20100429shakira-condemns-arizona-immigration-law29-ON.html

- Chris Mathews started to sound like he was on Arizona's side. - No link, I saw it on his show.

- Back door politics are in the works to make Puerto Rico the 51st state, even though they have voted three times not to be a state.
http://www.foxnews.com/politics/2010/04/29/house-approves-puerto-rico-statehood-measure/
http://www.latinamericanstudies.org/puertorico/rejects.htm

- Republicans are blocking the so called "Birther Bill" in Arizona
http://www.azcentral.com/news/articles/2010/04/29/20100429arizona-birther-bill-stalls.html

- Ytraps and I agree on a political subject - No link, he IMed me

- Its cold in Arizona right now
http://www.azcentral.com/weather/


I am waiting for pigs to fly and maybe hordes of locusts to appear.

SENATE BILL 1070

For your reading pleasure here is the entire bill. Please let me know if you find the parts where it states that all brown people should be questioned.

For you Dirty Libs out there, you should be able to find them easily because MSNBC and the other "unbiased" media outlets keep saying it's RIGHT IN THE BILL.

Well I can not find it. Libs out there who disagree with this bill need to educate me. I know not all Libs are against this bill. 70% of Arizona can not be for this without there being a lot of libs and Hispanics for the bill.

I say we talk about this honestly. If you think this is some Nazi bullshit, then show me. I am no Nazi and will fight anything that is racist.

I do not believe illegal immigration is a race issue. However, the only way for the opposition to fight it is by calling it racist. Granted, the majority of illegal immigrants are of a certain skin color, but that does not give them a free pass to break the laws that this country and now this state have imposed.

This law affects only the people who are not legally in this country, therefore they have no rights in this country other than those that are inalienable.

Life, liberty, and the pursuit of happiness. Just work for them in your own country or feel free to sign up at the door and wait for admittance.



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

- 1 -

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

- 2 -

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

- 3 -

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

- 4 -

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

- 5 -

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

- 7 -

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

- 8 -

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".

DO SOMETHING!!!!

I do not care about your politics.

What I do care about is your inaction and your being a sheep.

Did you vote in 2008? Did you get yourself educated on the issues, especially the presidential issues? Did you listen to what your loudest friend said or did you read up on things yourself?

I believe every group has a person in it who guides the groups politics. If you are lucky, you have two people of opposing views in your group.

Can you be that person? If not, can you break yourself from that persons control and educated yourself?

This doesn't mean you have to join the debate or challenge your friend. Not everyone can handle the confrontation.

Just don't be the person who did nothing and then bitches about the out come or the person who listened to their friend and turns out you don't agree with them at all.

Don't listen to what politicians say or what the advertisements say. Look at what the politician has done because it is a good indicator of what he will do. If he used to be an alcholic, make damn sure he shows proof that he is no longer an alcholic. If he used to be a radical, make sure you are satisfied with what moved him to the center.

Watch out for key words politicians like to use. Military service does not equal qualification to represent you. It doesn't hurt, but service alone does not mean a thing when it comes to their political beliefs. If it did, then all politicians who served would say the same thing, be in the same party, and wouldn't have any competition from a fellow military veteran.

This goes for political party as well. Just because someone belongs to the same party you do, does not mean they are the person you would want representing you.

It is also important to know that just because you are registered to a particular party does not mean you have to vote for the person in that party. If you are a Republican you can vote for the person with a D next to their name.

Register to vote, educate yourself on the issues, debate your friends, and generally let your voice be heard. Please, if you do not educate yourself, then just stay home. You become more of a problem when you vote blindly. Just stick your head back in the sand.


Here are some links:

Register to vote -  https://servicearizona.com/webapp/evoter/
Early voting - https://recorder.maricopa.gov/earlyvoteballotnet/evbrequest.aspx

Did MSNBC get something right?

Watch the video and decide for yourself, but for me, it changes my opinion of the people behind the bill, but not the need for something to be done.

It is another reason to fear the profiling aspect of the bill, as this would appear to be the intent of the people Maddow brings to light.

Visit msnbc.com for breaking news, world news, and news about the economy

As this issue continues to draw both sides of the media to fight for what they believe, we can expect to see more villains brought out from the shadows. This is good, because WE, the average American, need to know who these people are and not allow them to control our views. This goes for both the left and the right groups.

Just because you agree with someone on certain things does not mean you agree with the them on all things. For example, I agree with a lot of conservative values, but I do not consider myself a Republican. I agree with the Tea Party on government spending but do not belong to the Tea Party and I believe in a woman's right to choose but loath most other liberal values.

Being anti-illegal immigration does not make you a racist even though racists are also anti-illegal immigration.

I am not sure what this means and I am sure getting fed up with this crap. Racism, liberalism, big government, and all the other bullshit going on in this country makes me want to stick my head in the sand and join the other idiots who have no clue about what is going on in the world.

Knowledge may be power, but it's also stressing.

It is illegal to be an illegal

Sounds funny but that is the gist of it.  Arizona has now made it illegal to be an illegal and has tasked the cops with preventing the illegals from doing things illegal. Got it?

Me neither.

Here is what I do know.

Arizona and America have a problem with people coming in to our country either through the border or by staying after their visa is up.

America, as far as I know, is the only large country that tolerates it. I know one country who doesn't tolerate illegal immigration and that is Mexico. It is well documented but not news worthy that Mexico has an immigration issue of its own in the south.

Just a few with finds with the google search of "illegal immigration into mexico".
http://www.nytimes.com/2007/01/28/world/americas/28mexico.html
http://ngm.nationalgeographic.com/2008/02/mexicos-southern-border/cynthia-gorney-text
http://www.sbsun.com/columnists/ci_3767570
http://www.liveleak.com/view?i=cd7_1204154089

We are America so we hold ourselves to a higher standard and the world holds us to an unsustainable standard.

I would like to have seen some better wording in Arizona's Immigration Bill SB1070 and I do not want to see this turn into cops asking people on the street for ID.

However, I believe that a police officer in the normal actions of his duties will be able to determine if a person is illegal. It happens all the time and they are not able to do anything about it. With this bill they are allowed.

I find this no different than the Border Patrol asking for ID at check points around the border. I am not even talking about on the border, but 100 or more miles north of the border.

Now the opponents of this bill only talk about the people who come here to work. I do not know anyone who wants to punish those people and most people want the government to find a way to allow temporary worker status to them.

For those whose prevent something from being done, usually in the name of liberal or merciful beliefs, are actually causing more harm to the people who just want to work.



You can see in the above video that the ACLU has a whole lot of sympathy for the women who come across and are raped. They say they have seen the trees but there is no evidence or women willing to admit to being raped. The big bad Minuteman looks visibly choked up by it.

I do not know that this law is the best option, but enough is enough. The feds, this includes both parties, will do nothing. Arizona is taking the tough road and leading the way. Time will tell, if the libs let it out of court, whether this bill will lead to profiling or if it will prevent illegals from coming into Arizona.

As always, feel free to comment!!!

Arizona's Immigration Reform Bill

This bill is putting Arizona on the map. The question is is that good or bad? Our State Senate has been getting things done lately and I like it. That does not mean I like everything about this immigration bill.


I would really like to see some things in there that would help prevent abuse and my hope is it will not be as easy to question people's status as walking up to them and asking for ID.

But, if a police officer, during the normal performance of his or her duties comes across someone who has no ID and no way of verifying ID then that person should be held.

I would not be happy with cops walking up to groups of people and just asking for ID for no reason.
Being in this country, no matter what you’re reasoning, is illegal. We are now making it so that can be enforced, which is extremely odd.

We Americans feel guilty for our success so we tolerated the immigration when it came to work. I, for one, never had a problem with the hard workers coming over and getting jobs. These are the people talked about when anti enforcement people talk. What they don't talk about is the fact that Arizona's crime rate has sky rocketed and Arizona is a leader in kidnappings. Not of Americans, but of illegal aliens.

Border states also have a high rate of auto theft, drug crimes, and the southern desert is plagued with bicycle graveyards, garbage rivers, and rape trees. These things are not talked about much and never on the news.

Hell, immigration lock down should be done to protect the nice illegal immigrants from coyotes, drug lords, and rapists. Women coming across the border always get birth control shots so they don't get pregnant when they are raped while cross. Not IF they get rapped but WHEN!!!

I have sympathy for the working immigrants, but they have to suffer because of the bad guys coming over and because they are breaking our laws. Laws that are no different than anywhere else in the world including Mexico.

We Americans are taunted as racists for wanting to lock down the border all the while every other country has always had their borders locked down and still do. We are taunted only because it works. The same reason people protest America for defending Kuwait, but don't protest Iraq for invading. Or Russia for invading Georgia. Or N. Korea for building nukes. The list goes on and we get all the crap because we actually care what people think.

So what is your opinion? Do you think we should continue to do nothing or should the governor pass the bill and we see what happens?

The Center Mass Myth

Ok I had a little fun at Warthog's expense, so I thought I would post this great article on shootings. It deals a little with the ongoing debate he and I have over caliber, but more importantly the actual effects of different shootings. It's kind of long so be prepared, but it has some really good info.

The "Center Mass" Myth and Ending a Gunfight
By Jim Higginbotham
Surviving a gunfight isn't what you think it is. Don’t let conventional wisdom get you killed. A well place round to "center mass" in your attacker may not take him out of the fight. Lots of people stay in the fight after "center mass" hits, and some even win it. If you expect to win your gunfight, you have to make sure that you have effectively ended the threat of your attacker. One, two or even several well placed "center mass" shots may not do what you think it will, and learning to recognize this before you gunfight may save your life.
There is a self styled self defense “expert” under every rock, and perhaps two behind every bush, these days. If you have a pet theory on what might work on the street then you can probably find a champion for that idea who actually charges people to teach them that skill. But few of the experts out there have ever been in gunfights, and even fewer have studied real gunfights to see how things really work out when the bullets really fly for blood.
There are more misconceptions out there than I can cover in one article but the one that probably gets to me the most, even over all the caliber wars that rage interminably in the print and cyber media, is the nearly universal acceptance that shooting a miscreant “center mass” with ________(fill in your favorite make, model and caliber) shooting _________ (fill in your favorite ammunition) hyper speed truck killer is practically guaranteed to get the job done.
Having studied in this field from a number of decades, I have run into plenty of cases where bullets did not do what folks would have assumed. And I have now collected enough of these that I think that rather than being anomalies, they are actually closer to the norm. Center mass hits in a gunfight do not in most cases end the fight. Erroneous assumptions can get you killed!
There is a well known video in training circles in which a Highway Patrol officer shoots an armed subject 5 times “center mass” (this is not my assessment but the statement of his immediate supervisors which are interviewed on the full version of the hour long tape) with his 4” .357 Magnum revolver firing hollow point ammunition. All 5 hits failed to do the job and the subject was able to fire one round which struck the officer in the armpit. That round wondered around in the chest cavity and found his heart. The officer unfortunately died at the scene and his attacker is alive today.
In a class I conduct under the title "Fire For Effect" I start out by showing a video of standoff in which a hostage taker is fired on by police with .223 rifles and .40 caliber handguns. Throughout the whole disturbing sequence, which lasts about 10 seconds, the bad guy is hit multiple times in the torso with both rifle and pistol rounds. You can see him place his non-firing hand to his chest, clearly a lung is hit. However he is able to shoot his hostage 3 times, not rapidly. The hostage, a trim female, is active throughout the scene but later died from her wounds. In this case both the attacker and the victim had “center mass” hits that had no immediate effect.
I have accumulated confirmed incidents in which people have been shot “center mass” up to 55 times with 9mm JHP ammunition (the subject was hit 106 times, but 55 of those hits were ruled by the coroner to be each lethal in and of themselves) before he went down. During training at the FBI Academy we were told of a case in which agents shot a bank robber 65 times with 9mm, .223 and 00 buckshot – he survived! These are not rare cases. The happen quite often.
If a gunfight ever comes your way, your attacker may fall to a hit to the liver and he may not. He may fall to two or three hits to the kidneys, intestines or spleen, but he may not. He will certainly be in bad health. He likely will not survive, but what he does for the next several seconds to a few minutes is not guaranteed because you hit him "center mass."
Heart and lung hits don't statistically fare much better. I have three students and three other acquaintances who were all shot in a lung at the outset of gunfights. The students came to me after their fights to learn how to keep from getting shot again. Last time I checked all of those people were still alive and the people who shot them are still dead. Every one of them was able to respond effectively after being shot “center mass”, one might even say they were shot in the “A-zone”. And they were shot with .38 Special (three of them), 9mm, .357 Magnum and 8mm Mauser, so it's not all about caliber. One of those was a Chicom 12.7 mm round! He lived next door to me for many years.
So, what’s a person to do? First off, realize that one shot, even a fairly well placed shot may not do the job so don’t set there and admire your handiwork or wait for it to take effect. But even two hits may not get the job done!
After years of trying to get a grasp on this I have come to look at the results of shooting a living breathing target – be it a human attacker or a game animal – as falling into 3 or 4 categories. They are :
Instant Collapse – this takes place 1 to 2 seconds from the shot being fired
Rapid Collapse – this can take from 3 to 15 seconds and is quite common.
Marginal Effect – this can even be a lethal hit but it takes from 15 to 300 (yes 300!) or even more seconds.
The 4th is simply unacceptable and is a total failure.
The last category we don’t like to discuss but happens too often . We saw it recently in Washington with a Center Mass hit from an officer’s pistol and the subject was still walking around the next day.
What is “effective” shooting? Sad to say, it is demanding. It is also, I think, variable depending on the conditions. For example, the robber armed with a scattergun who is standing 10 feet away must be stopped “right now!” If you do not bring about Instant Collapse someone may very well die…that someone may be you!
On the other hand, if there is a gang banger launching bullets in your general direction using un-aimed fire about 20 yards away then a hit that brings about Rapid Collapse might do the job.
I cannot imagine a Marginally Effective result being very desirable in any case, but it does buy you some time in some cases.
How does this relate to hits? In order to achieve Instant Collapse you must scramble the “circuitry” that keeps the bad guy on the attack. That means the brain or spinal cord.
The head is not only a fairly difficult target to hit in the real world – because it moves a lot – but it is also difficult to penetrate and get a pistol bullet into the place it must be to be effective. For normal purposes we might write off the head, keeping it in reserve for very special circumstances.
The spine is not that easy to hit either. It isn't large, and to be effective the hit needs to be in the upper 1/3 of the spine or at a point about level with the tip of the sternum. I think that is around T11. But of course the huge problem is that it is hidden by the rest of the body. We are the good guys, we don’t go around shooting people in the back. So the exact location is something that can only be learned through lots of practice on 3D targets. Your point of aim on the surface changes with the angle at which the target is facing.
The bottom of the spine isn't much use. I know of several people shot in the pelvis. It did not break them down as many theorize. I am not saying it doesn’t happen but in the only case I know of in which it did the person who was “anchored” with a .357 magnum to the pelvis killed the person that shot him – you can shoot just fine from prone.
A shot, or preferably multiple shots to the heart and major arteries above the heart (not below!) may achieve Rapid Collapse, but not always. Officer Stacy Lim was shot in the heart at contact distance with a .357 Magnum and is still alive and her attacker is still dead! Score one for the good guys…or in this case gals!
So now what constitutes Marginal Effectiveness? A hit to the lungs! Even multiple hits to the lungs. Unfortunately though, most often lung hits are effective in ending the fight because the subject decides to quit the fight, not because he MUST. A famous Colonel Louis LeGarde once wrote what is considered "the" book on gunshot wounds. 65% of his patients shot through the lungs – with rifles! – survived with the predominant treatment being only bed rest!
Effective Practice and "Dynamic Response"
The goal of practice, one would think, is to make correct, effective shooting techniques a matter of reflex, so that you don't have to think about what you are doing in a gunfight.
Most people will perform under stress at about 50 to 60% as well as they do on the range…and that is if they practice a lot! If they only go to the range once every other month that performance level decreases dramatically. Shooting and weapons handling are very perishable skills. Also folks tend to practice the wrong stuff inadvertently. I put this in the classification of “practicing getting killed” but that too is a topic for another day.
Movement and Variation doesen't mean innacurate shooting. In a real gunfight you andyour adversary will most likely be moving. Click here if you can't see the video.
Let’s talks about a basic response, what I call "Dynamic Response." Situations vary and this is not meant to be a universal answer, just one that will work for about 80% of scenarios.
It is pointless to stand still on the range and shoot a stationary target, unless you simply want to polish up some marksmanship fundamentals. That is a necessary part of learning to shoot. But if you are practicing for a fight, then fight!
Some rules.
Don’t go to the range without a covering garment – unless of course you always carry your gun exposed (no comment).
Don’t practice drawing your gun fast – ever! – while standing still.
Part of the Dynamic Response is to step off the line of attack (or on rare occasions that are dependent on circumstances backwards or forwards) and present the weapon with as much alacrity as you can muster and engage the target with overwhelming and accurate fire! By the way, never assume a fight is completely over just because you canceled one threat. Don’t practice “standing down” too quickly. We have a video attached which will hopefully give you the right idea.
I wish there was a formula of how to stand and how to hold you gun but there really isn't. We don’t do “Weaver vs. Isosceles vs. Modern Iso vs. whatever”. We don’t do “Thumbs Crossed vs. Thumbs Forward vs. Thumb Up…never mind.” Those are things for you to work out on your own. You use what makes YOU effective not what works for a guy who practices 50,000 rounds the week before a big match (that is not an exaggeration). Competitive shooters will throw out advice on what works for them. It may not work for you.
There is also not “one true gun”. Your skill is far more important that what you carry, within reason. We are not really talking about “stopping power”, whatever that is, here but rather effectiveness.
I can find no real measure – referred to by some as a mathematical model – of stopping power or effectiveness. And I have looked for 44 years now! Generally speaking I do see that bigger holes (in the right place) are more effective than smaller holes but the easy answer to that is just to shoot your smaller gun more – “a big shot is just a little shot that kept shooting”. True, I carry a .45 but that is because I am lazy and want to shoot less. A good bullet in 9mm in the right place (the spine!) will get the job done. If you hit the heart, 3 or 4 expanded 9mms will do about what a .45 expanding bullet will do or one might equal .45 ball….IF (note the big if) it penetrates. That is not based on any formula, it is based on what I have found to happen – sometimes real life does not make sense.
Practicing Dynamic Response means practicing with an open mind. Circumstances in a real gunfight are unpredictable and the more unpredictability you mix up into your practice the more your brain will be preparing itself for a possible real gunfight.
In real life, your gunfight may be dark, cold, rainy, etc. The subject may be anorexic (a lot of bad guys are not very healthy) or he may be obese (effective penetration and stopping power of your weapon). There are dozens of modifiers which change the circumstance, most not under your control. My only advice on this is what I learned from an old tanker: “Shoot until the target changes shape or catches fire!” Vertical to horizontal is a shape change, and putting that one more round into his chest at point blank range may catch his clothes on fire, even without using black powder.
We tell our military folks to be prepared to hit an enemy fighter from 3-7 times with 5.56 ball, traveling at over 3,000 feet per second. This approach sometimes worked, but I know of several cases where it has not, even "center mass."
With handguns, and with expanding bullets, it is even more unpredictable, but through years of study I have developed a general formula, subject to the above mentioned unpredictable circumstances.
2-3 hits with a .45
4-6 with a .40
5-8 with a 9mm
With a revolver, the rounds are not necessarily more effective but I would practice shooting 3 in a .38 or .357 merely because I want 3 left for other threats. Not that those next three won’t follow quickly if the target hasn’t changed shape around my front sight blade. A .41, .44 or .45 Colt I would probably drop to two. Once again, they are not that much more effective than a .45 Auto but I don’t have the bullets to waste.
In any case, I want to stress the part that it is more about how you shoot than what you shoot, within reason. It is also more about the mindset and condition of the subject you are shooting which is not under your control. Take control – buy good bullets and put them where they count the most! And remember “anyone worth shooting once is worth shooting a whole lot!” (but please stop when the threat is cancelled, we don’t advocate “finishing shots”).
Gunfights are ugly things. I don't like to talk about the blood and guts aspects of defending life any more than the next guy. But it is our lives we are talking about here. By researching how gunfights are fought, and more importantly, how gunfights are won, it may give both of us the edge if a gunfight ever comes our way.

Warthog's Little Friend

Warthog decided to become a man toady. Unfortunately I think he hurt somebody's feelings. I intercepted this Blog post today before Warthog could delete it.

I don't understand! I thought we were close and that you loved me. Remember all those arguments we had with your friend. I heard you say how great I was, and how a 1911 wasn't all that good. I hold so many more rounds than that stupid gun. How could you want a weapon design that hasn't changed in a hundred years! I know you can carry a 1911 with the hammer back and ready to go, but you can carry me that way too, and its almost as safe......I thought we had something special, but I guess not.

Love,

Your little Italian friend

I went to the Tea Party Rally at Tempe Diablo Stadium

I have written about the Tea Parties and have defended them against the liberal smear campaign, so I thought I should go and see things for myself and to my suprise my wife wanted to come with me. I had not been able to attend a rally before due to my extensive traveling for work.

So off we went to Diablo Stadium. The first thing we noticed were tons of American Flags and not one of them was on fire. In fact, there was not so much protesting but celebrating. It was really an atmosphere of like minded people coming together to show that they all stand for something.


It what they stand for that gets muddled.


Walking from the parking lot to the front gate is a gauntlet of petitioners wanting you to sign so one person or another can get on a ballot. We signed a bunch since I have no problem with anyone getting on the ballot.


I did not sign the petition to get rid of speed cameras.


We get to the main gate and are greeted by people handing out free flags. Once we got our flags we were accosted by another group of petitioners, luckily these were the last gang of petitioners, thought there were some walking around later.


We have made it into the event and now decide to get a picture of our surroundings and just take it all in.


I first notice that the majority of the people are older. This fits the latest poll of the average Tea Party member. They are our parents and grand parents for the most part, mixed in with the some young. Yes they were mostly white, but I was pleasantly surprised to see quite a few people of color.


AT NO POINT DID I SEE ANYTHING I WOULD PERCEIVE AS RACIST IN ANYWAY.


A security guard at my work, who is black, said he felt uncomfortable. Not because he was black but because he did not wear his Tea Party shirt and people were suspicious of trouble makers. He said people talked to him but where wary. Interpret that how you want, but I will take his opinion.


The stadium stands were about half full and I am horrible with judging crowd size. But the report my wife heard was that there were 4000 people there.


One side of the stadium was set up for booths. The booths contained shirts, pins, books, and a bunch of politicians. ALL REPUBLICAN.


This is where the bad taste started getting into my mouth. JD Hayworth is running the Tea Party line and I find it hard to believe these people are falling for it. I do not like Hayworth.


I think he is a crook and he sealed the deal when he got ate up by Rachel Maddow on MSNBC. If you can not go on MSNBC and hold your own then you do not get my vote to represent me.

KFYI was a huge influence and a couple of speakers where from the station. Terry Gilberg was one of the speakers from KFYI and she pushed for the Tea Party to not split the vote.


I wanted to run up on stage and scream, vote you’re conscious. I understand the need to get the power away from the Dems, but if we keep voting in dirt bags like Hayworth we will never get to were the Tea Party, as I understand it, want to go.


We listened to a couple more speakers and we decided to leave. I have to say that I was less than impressed with the direction this Tea Party is going.

It is important to remember that the Tea Party movement is truly grass roots. There is no organizational head running all the Tea Party groups around the US. This, I believe is their strength and their weakness.


They are ripe for take over from Republicans, but if you don’t like the direction of one group you can join another, or start your own.


If any Tea Party members or leaders read this, I encourage you to stay away from the lame phrases and keep on message. No more taxes without government spending cuts.


Stop giving the libs at MSNBC ammo by claiming that taxes are too high for everyone, they clearly are not since 47% don’t pay income tax.


Instead, point out that taxes do not need to go up; government spending needs to come down. No more bail outs for corporations who can not run themselves, no more assistance to banks who give bad loans, and no more pork barrel spending.


This can only be done by demanding that the government get out of the banking business. They can regulate and enforce laws. But we have to hold accountable people, like Barney Frank, who force banks to loan money to people have never paid a loan off in their life.


The Tea Party started off strong and I was behind it. Unfortunately, I see it becoming a pawn of the Republicans and cannon fodder to the Dems. Tea Party members are strong and your original message scares the crap out of Washington. Stick to your guns and you will enact true change in our government.

Libs jumping the Gun cuz the puppet master said dance

Queen of the Dirty Libs posted a comment on the health reform post stating that Fox News was not a news organization and the Huffinton Post had a video to prove it. In addition, Glenn Beck said he was an entertainer so that proves it too.

Glenn Beck has always stated he was an entertainer and not a politician. I would argue he is a political commentator, but if Bill Maher and they guys on comedy central can call themselves entertainers then Beck can too.

Here is what was reported by the renouned highly respected and completely honest Huffington post, I just puked a little in my mouth. This has all the libs licking their chops ready to take a bite out of Fox News. Spit it out libs, again you all saw dinner but forgot who was cooking.

Here is Bill O'Reilly's rebuttle.



Now if you want to play the gotchya game, Bill did say NEVER. But I think that is splitting hairs and obviously not going to get you far in this arguement.

So you libs out there, I applaud you for keeping people honest. I have no problem with that, but make sure you keep your facts straight. It took me approx 5 minutes to find information disproving the Huffington Post claim. Is it to much to ask that you verify your sources before you start blasting out false information. Some day you really will have something important to say and no one will pay you any attention.