Will keep you updated on developments. Don't let off the heat. Continue to contact your OWN state reps and sens to oppose the national id portion of the Pearce bill.
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UPDATE June 10th 2010
The "final" version of the bill has it in section F, F1 and F2. Everyone I'm bccing have put E, E1 and E2 in their analysis. Please
change that to F, F1 and F2 and link using the link above which is the
most up to date version.
I fully expect that once cogent criticisms of the above version
circulate in the news, that Pearce will "find" the "real" final version
of the bill and we'll get another version switching sections around
again. Just be prepared. But right now, the provision handing over law
abiding citizens data to homeland security, thereby turning Arizona
licenses into national ids, is in 11-1051 F, F1 and F2. Please update any analyses you have posted.
2 Comments in Response to Russell Pearce's National ID Bill back to Committee for Now
Dear Representative Goodale,
I received the following from Ron Gould on 03/21/10:
"I voted for SB 1070 and I read bills before I vote. I went back and re-read the entire bill again along with the area sited in the Greenspan letter, I don't see a National ID card.
On 03/24/10 I received the following originated from Dina Galassini re: Sen Pearce's legal analysis of HB2632/SB1070 through Ron Gould's office which was generated after your email to me which included Senator Pearce's so called "statement" of clarification. I could be wrong, but it appears to me that, for whatever unknown reason, Senator Pearce is not being truthful.
Something stinks pretty badly here! I am not a lawyer. I also don't feel I should have to network to such a great extent to protect my liberties. Please read the information below from Dina Galassini. What are Senator Pearce's motives behind the deceptions built into this bill? Who is manipulating Senator Pearce? Exactly what does this mumbo jumbo sentence from Senator Pearce's "statement" indicate? "I have had Legislative Council and the Maricopa County Attorney's Office examine this legislation and both have assured me it does allow for any kind of National ID or expand ID requirements in any way."
From: Dina Galassini
Subject: Sen Pearce's legal analysis of HB2632/SB1070
To: dinarose@cox.net
Date: Wednesday, March 24, 2010, 1:55 PM
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Doris Goodale said the following on 3/24/2010 11:07 AM:
SB1070 is the most comprehensive enforcement bill in the nation, it will remove all "illegal" sanctuary policies that exist in many of our cities, and it will allow law enforcement to enforce our immigration laws as intended. I guarantee this will save American jobs, reduce the cost of government, improve neighborhood safety, improve congestion, move toward smaller classrooms, shorter lines in emergency rooms, reduce rapes and molestations and reduce the number of deaths and maimings of our citizens and more. Please note that Phoenix has had a more than 50% reduction in homicides this year over last, after we passed employer sanctions and other illegal alien legislation, and our illegal alien population has decreased by twice the national average in the past two years. SB1070 will add a "trespass" provision to law enforcement giving them the ability to hold an illegal alien under state law if need be or to just call ICE and turn them over to ICE. This provision will allow our law enforcement folks to complete investigations on a suspect and not allow them to be deported before the investigation can be completed. It also goes after illegal employers and illegal aliens soliciting work and provides for law enforcement to more easily enforce public safety issues on busy streets.
Today: I decided to take SB1070 to committee and amend a couple of portions of the bill to clarify and enhance the bill, instead of exchanging HB2632 and SB1070 on 3rd read as planned and that House and Senate leadership had committed to do. This does slow down the process, however, I want to make sure my good friends that have expressed concerns have those concerns eliminated on this bill before we move it to the Governor for signature. I have had several people call with concerns over issues/language that I do not believe exists in this legislation. To be sure, I have asked for additional legal opinions and have been assured by several competent independent Constitutional attorneys, legislative council attorneys and the Maricopa County Attorney's Office that my interpretation is correct. However, I want to be very clear and will add language to eliminate those concerns as best as I can.
We have already passed legislation to prohibit the State of Arizona from participation in any kind of National ID or Real ID Act. It is the law today and will remain the law. This bill did not and does not change that. Having said that, I will put language in the bill that enhances the clarity on these issues of concern and make it very clear that nothing in this bill will allow Arizona to be a part of any national ID program. There will be similar language to deal with concerns over improper or prolonged detention. I have had Legislative Council and the Maricopa County Attorney's Office examine this legislation and both have assured me it does allow for any kind of National ID or expand ID requirements in any way. I have also attached the letter from the MCAO that answered my questions. I am also pasting the legal opinion from the Arizona Legislative Council at the bottom of this email.
Under federal law, emergency responders and emergency rooms are exempt under EMTALA, a federal law requiring us to transport and treat everyone including illegal aliens, in case of emergencies. I will make some minor changes to the first responders so that those good Samaritans transporting illegal aliens (little old ladies taking someone to church) are not in jeopardy in any way. They are not now under this bill, because they must be committing an additional criminal offense to the state law to be so charged, but I will make it even clearer in the new language.
Finally, the Governor's Office is working with me on this legislation to make sure it gets to her desk in a manner that does not weaken any of the enforcement provisions that we are trying to accomplish. We should be able to have this bill heard the first of next week in Military Affairs and Public Safety Committee and then to the floor for COW and 3rd Read before sending it to the Governor all in the same week.
I will keep you appraised on our progress.
John,
Thanks for keeping us informed on this issue. I wonder how many other bills have backdoors into government evil?