Archive for category Legislation

ARIZONA IMMIGRATION LAW – from FOXNEWS.COM

“From Minnesota to Georgia, Politicians Lend Support to Arizona Immigration Law”

 

If it’s good enough for the desert, it’s good enough for 10,000 lakes. That’s what a group in Minnesota is saying as it calls for an Arizona-style crackdown on immigration in the North Star State.

And more than a thousand miles away, in Georgia, a Republican candidate for governor says he’s all for it.

Ruthie Hendrycks, president and founder of Minnesotans Seeking Immigration Reform, says Arizona’s new immigration law should be mirrored in Minnesota, where roughly 125,000 illegal immigrants lived as of 2007, according to some estimates.

"This issue of illegal immigration and addressing it is long overdue," Hendrycks told FoxNews.com. "The situation is out of control, and until the federal government steps up to the plate to enforce our laws, the states have no other choice than to enforce federal law through state law."

Hendrycks, a Republican who will announce her candidacy for state Senate later this week, said she plans to contact Minnesota Gov. Tim Pawlenty regarding her proposal. Hendrycks anticipates widespread support among the state’s residents.

 

"Although there are voices on both sides of the issue, Minnesotans are not blind to what’s happening across the nation and how it is affecting them on a state level," she said. "I believe that the majority of Minnesotans understand the issue and would be in favor of enforcing our laws."

Arizona’s law, which allows police to question anyone about their immigration status and to request to see documentation if they suspect they are in the country illegally, has been described as "poorly conceived" by President Obama. Homeland Security Secretary Janet Napolitano, Arizona’s former governor, has also been critical of the law, as has Attorney General Eric Holder, who has indicated the federal government may challenge it.

But Hendrycks rejected critics’ claims that the law will lead to racial profiling.

"This is not about race, it is about the law," she said. "It comes down to enforcing our law. We are a nation of laws and it’s high time that officials at both federal and state levels start enforcing our laws and not reward those who are breaking the laws."

According to Department of Homeland Security figures, Minnesota is not among the top 10 states with unauthorized immigrant populations. California and Texas topped that list last year, with 2.6 million and 1.68 million, respectively. A total of 10.8 million unauthorized immigrants were identified nationwide in January 2009, compared to 11.6 million in January 2008 and 8.5 million in 2000.

Roughly 125,000 illegal immigrants lived in Minnesota as of 2007, according to an estimate by the Federation for American Immigration Reform, and in 2005 the estimated cost of illegal immigrants to the state was between $148 and $188 million, a report by Minnesota’s Department of Administration estimated.

A spokesman for Pawlenty did not return repeated requests for comment on Wednesday. In January 2008, Pawlenty proposed measures to counter illegal immigration, including a ban on so-called "sanctuary cities" and new penalties for employers who hire illegal immigrants, but those proposals languished in the state’s Legislature.

Meanwhile, in Georgia, which had 480,000 illegal immigrants last year — sixth in the nation –Republican candidate for governor Nathan Deal said he supports Arizona’s new law and would like to see it in the Peach State.

"As governor of Georgia, I’d work to pass and sign similar legislation," Deal said in a statement released Tuesday. "The new Arizona law is called ‘controversial,’ but 70 percent of Arizonans approve of it. I think there would be similar support in Georgia for such legislation. Our public services are stretched beyond their limits during these tough economic times, and our open borders result in our states and counties importing poverty. Local taxpayers foot the bill for these significant additional costs."

In Illinois, local activists chanted "Illinois is not Arizona" on Tuesday as they tried to block the deportation of 67 Mexican nationals from a federal deportation center in Broadview, a suburb of Chicago, the Chicago Tribune reported. Two dozen protesters were arrested on disorderly conduct charges as part of a movement energized by the passage of Arizona’s law last week.

According to DHS figures, Illinois had the fifth-highest number of unauthorized immigrants among U.S. states in January 2009 with 540,000 immigrants identified — 440,000 in 2000.

Despite that 24 percent increase, some activists said the newly passed law in Arizona is a dangerous precedent likely to translate to resentment against Latino immigrants in other parts of the country.

"There is now a racial reign of terror spreading across the country and it has to be stopped," Joshua Hoyt, director of the Illinois Coalition for Immigrant and Refugee Rights and one of those arrested, told the Chicago Tribune.

PROPOSED AND RECENTLY ENACTED LEGISLATION 2009 HOUSE FIRST REGULAR SESSION.

These are just a few House Bills I found interesting.  These Bills and all others along with their current status/history can be found by clicking this link.

 

House Bill 2070 – traffic complaints; notices of violation

HB 2070 stipulates that a notice of violation (NOV) received as a result of a photo enforcement system (PES) is not a civil traffic violation and that the notice must clearly state that the recipient is not required to identify the driver of the vehicle if the recipient was not the driver.

House Bill 2106 – prohibit photo radar; state highways

HB 2106 prohibits a state or local authority from using photo enforcement systems to detect speeding violations on state highways.  In addition, HB 2106 repeals the state photo enforcement system and the photo enforcement fund established in 2008.

House Bill 2150 – animals; fighting.

HB 2150 expands current statutes prohibiting dog fighting to include all animals, with the exception of animals trained to protect livestock from predators.

House Bill 2216 – homeowner protection; mortgage broker duties

HB 2216 extends more protection to homeowners and places more duties on Mortgage Brokers in brokering residential loans.

House Bill 2247 – home sales; water supply disclosure

HB 2247 requires the disclosure of water supply status by a sub-divider and requires a statement of the water supply status to be recorded with the county recorder.

House Bill 2263 – personal property exemptions; debt collection

HB 2263 deletes the list of specific household furniture, furnishings, and appliances prescribed in statute, allowing debtors to exempt up to $4,000 worth of any furniture, furnishings, and appliances from the court-ordered debt collection process. (This is relevant in Bankruptcy)

House Bill 2315 – criminal sentencing

HB 2315 makes technical and conforming changes to Arizona’s criminal sentencing statutes.

House Bill 2331 – federal immigration law; enforcement

HB 2331 prohibits cities, towns, and county boards of supervisors from enacting ordinances or resolutions or adopting policies which limit or prohibit the lawful enforcement of United States immigration laws.

House Bill 2513 – reverse mortgages

HB 2513 adds a new chapter to Title 6, dealing with reverse mortgages.

House Bill 2522 – foreclosure rescue

HB 2522 puts restrictions on “Foreclosure Consultants” (Loan Modification Companies) and the way they conduct business.

Arizona Sheriff Vows to Continue Immigration Sweeps Despite Federal Downgrade – from foxnews.com

Maricopa County Sheriff Joe Arpaio is dismissing a revised Department of Homeland Security policy that takes away his federal authority to make immigration arrests.

 

“Firebrand” Arizona sheriff known for his hard-line immigration enforcement is vowing to press ahead with an illegal immigrant sweep Friday, defying a revised Department of Homeland Security policy that takes away his federal authority to make such arrests.

Legislative Updates – September 2009

Changes to Arizona Revised Statutes Effective September 30th, 2009.

 

A.R.S. §8-528. Foster Care. A new provision outlining rights of children in foster care.

A.R.S. §32-2081. Licensure of Psychologists. Provides that the state board of psychologist examiners may not consider a complaint against a psychologist who has performed a court ordered evaluation, treatment or psycho education of a person, unless “the court ordering the evaluation has found a substantial basis to refer the complaint for consideration by the board.”

A.R.S. §13-3601. Order of Protection. Amended to permit persons who have, or have had, a “romantic or sexual relationship” to obtain an Order of Protection.

A.R.S. §13-4602. Spousal Privilege. Provides an exception to the anti-marital fact privilege permitting spouses to testify against one another in prosecutions for adultery, bigamy, and sexual assault, if the testifying spouse had made a voluntary statement to law enforcement during the investigation, or if the spouse requests to testify.

A.R.S. §25-403. Child Custody. Modifies the custody statute to provide that the court will disregard the factor, which parent is more likely to permit frequent and meaningful continuing contact with the other parent, if the court determines that “ a parent is acting in good faith to protect the child from witnessing an act of domestic violence or being a victim of domestic violence or child abuse.”

Also adds a new subsection (A)(11) that requires the court to make a finding of whether there has been domestic violence or child abuse as defined in §25-403.03.

A.R.S. §8-106. Adoption/Consent. Permits the court to waive the requirement that DES consent to an adoption under certain circumstances.

A.R.S. §8-201. Definitions/Neglect. The definition of neglect is expanded to include fetal alcohol syndrome, exposure to sexual conduct, and permitting a child to be in a structure that is used to manufacture a dangerous drug. The definition of abuse is expanded to include exposure to manufacture of a dangerous drug, and unreasonable confinement.

A.R.S. §14-3916. Community Property/Estate Distributions. Provides that a personal representative must consider community property held by decedent’s estate and outside of the estate prior to making a distribution of community property to ensure that any distribution is based on equal value.