IPFS John Green

More About: New World Order

Russell Pearce's National ID Bill back to Committee for Now

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.
 
Contact info for state reps
 
Contact info for state senators
 
 

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UPDATE June 10th 2010

http://www.azleg.gov/alispdfs/ council/SB1070-HB2162.PDF

We've been saying that it's section E, E1 and E2 under 11-1051 on page 1 which contains the exchange of law abiding citizens data with homeland security.
 
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

Comment by Anonymous
Entered on:


03/24/10 @8:56PM

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.

It talks of the exchange of immigration information back and forth between branches of government, something they already do.  I am not above admitting a mistake but, I don't see an ID card in the bill. If I am wrong please have someone straighten me out. The concern may be contacting the feds on immigration status before issuing a license. Arizona makes people prove legal presence for driver licenses already, we could do the same with all licenses." 


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

All,

The legal analysis that Senator Pearce has sent out (see bottom of this email) did not address the specific concerns and contained a swap of terms of "REAL ID" for national id.

 I spoke with leg counsel at the state yesterday who verbally admitted to the following:

1) This bill *does* apply to law abiding Americans

2) This bill *does* apply to drivers licenses for law abiding Arizona citizens

3) While this bill does not "require" national id, it *does* "enable" national id.

The problem is there is no protection for law abiding Arizonans against the data exchange under section 11-1051 F F.1. and F.2. of our drivers license data, domicile information or anything when we go to get a drivers license.

While the bill technically does not "require" the exchange of that data, it specifically allows it very specifically. We all know as conservatives that when you give government power, it uses it.

***Playing word shenanigans with our rights and liberty is unacceptable.***

Furthermore, we all know as conservatives that you don't grant government power that you don't want it to have or use.

It is unacceptable to empower the DMV to apply this section to law abiding Arizonans if they "feel like it" (which they will.)   It is unacceptable for ANY reason.

"Enabling" a national id for law abiding citizens is not an acceptable solution.

Shortly, the Arizona Campaign for Liberty will broadcast to its 6000 members statewide a  formal analysis and response to the analysis that was published by leg counsel.  We will demonstrate that they specifically omitted the specific concerns and also did a "bait and switch" with their terminology baiting us that there is no national id and then switching terminology over to "REAL ID".

We're all well aware that this is not real id.  That is irrelevant.  ANY FORM of national id is a problem.   Even "enabling" national id is a problem.

This bill cannot pass in its current form.  F. F1 and F2 of section 11-1051 must either be removed or reworded in order to ensure that it DOES NOT APPLY to law abiding Arizona citizens or their driver's licenses.

As it stands now, the language of the bill is unacceptable
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Thank you for following through in exploring this issue with me.  I'm sure you agree that in these times we must be extra vigilant in protecting our remaining limited freedoms. Your effort and patience with my concern is appreciated.

Respectfully,

Paul Frankfurter

Doris Goodale said the following on 3/24/2010 11:07 AM:

I am forwarding a statement from Sen. Pearce.  Would you please review for points on concern for you.  I would welcome your comments

 

Doris Goodale

State Representative - Dist. 3

(602)926-5408

1700 West Washington Street

Phoenix, Arizona 85007-2844

 

 

 

Subject:

FW: SB1070: attached is additional

From:

"Russell K. Pearce"

Date:

Wed, 24 Mar 2010 10:11:50 -0700

To:

"Russell K. Pearce"

 

To:

"Russell K. Pearce"

 

Dear Friends;
 
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.

 

Comment by Trouser Chili
Entered on:

John,

Thanks for keeping us informed on this issue.  I wonder how many other bills have backdoors into government evil?



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