The Carnival Dream has a 104 ft water slide called the Twister. It goes up about 3 floors then spirals around and round and dumps you out in a trough full of water about 2 ft deep. This stops you but if it didn’t, there’s a spring board at the end of the trough that’ll do the trick. Now at 57 years old, it’s probably not the smartest thing in the world to go down it. Barbi and I watched as a little girl probably 3 ½ or 4 followed her brothers up the staircase to the top. She barely made it to the “you must be this tall to ride this slide” sign. Once on top, she started crying and started back down the stairs. Her big brother yelled at her and she started back up. Dad, who was watching from below yelled up “she doesn’t have to if she doesn’t want.” She started back down. Dad started up. Big brother ran down to her and said something. She went back up and went through the tube. She liked it so much, she did it again. So on our first full day at sea, ol’ uncle Ron went down the Twister. You grab hold of this bar and give yourself a good shove into the tube. Now you are a human toboggan. Every ten feet there is a connecting tube. That connection acts as a speed bump on your back. Every twist and turn tries to roll you over and your whole body tenses. It only takes maybe five to ten seconds to get to the bottom, but that’s long enough to cramp up every muscle you got. Then you are shot out into the trough. Hitting the water, you immediately get the enema of your life. The only reason you don’t let go is that your swim suit is shoved up there right behind the water. Then the water continues to the face where it tries to drown you by going up your nose and into your mouth. Those orifices, acting as human speed brakes stop you and you immediately sit up. Now everything comes running out your nose including whatever has been up there holding on, and now it’s dangling like the mousse from “Something About Mary.” Now you would think that a ship with facial recognition technology for their picture taking, and security for getting on and off the ship would have something equally techie for the slide. But no, they have a young girl at the bottom holding a sign. One side is stop and the other go. When you come shooting out the tube into the trough, she holds up the 'stop' sign. When you get out of the trough with your swimsuit to your neck, she flips it to the 'go' side. So, as if your not anxious enough to get out of that trough, now you have more incentive. So you stand up. You are cramped, there’s snot hanging off your face, and your waistband is nipple high causing the roughest wedgy you ever had. All your friends are standing there cheering and asking “How was it?” You try to answer “Cool!” but all that comes out is a gurgling sound as water jets from your mouth like Linda Blair’s projectile vomiting in the Exorcist. I shoulda known better. But ask me how I liked it, my response will be “Cool!”
Video on You Tube
Wednesday, November 17, 2010
Thursday, September 16, 2010
Wrist Wand
.
In 2001, I was the information technology supervisor for a city police department. In that position, I was in charge of telephones, radios, and computers, but my main job was the implementation and project management of a dispatch and records database program. Therefore, I worked very close to dispatchers and records people who used that program to so their daily jobs. There was another supervisor in charge of those personnel. My office was next to his. He also had a project. He was the project manager of a new dispatch center. That required me to work closely with him.
One of his responsibilities was the ergonomics of dispatch center. He had to not only order chairs and furniture but had to ensure that furniture would last throughout it’s depreciation period as well as ensuring safety and comfort. Dispatchers routinely worked 12 hour shifts and would often work overtime past those hours.
Two injuries often occurring in dispatchers is back problems and repetitive motion injuries (carpel tunnel.)
The chairs and work stations adjusted in everyway possible. There were foot rests and back cushions. If an employee can stay healthy, that employee will not miss work, will not complain, and will not get work related injuries.
Exercise was encouraged and the city provided for all it’s employees a gym membership.
Repetitive Motion is a whole science in itself. Anyone working long hours on a computer was highly encouraged to exercise. One item in particular was issued, a “Wrist Wand.”
The “Wrist Wand” is a simple device. It’s a 1” dowell approximately 10” long. It has cushioned grips on the ends resembling the soft grips of a racing bicycle. There was a video each employee had to watch and sign that he/she had watched it in order to be issued a device.
The video showed a simple exercise and recommended that this exercise by done hourly throughout the work day with a single repetition of ten.
I always thought it ironic and strange that to combat repetitive motion injuries, a repetitive exercise would be prescribed.
All dispatchers and records personnel were issued one. I, as a computer systems supervisor was also issued the device. Like most everyone else, I watched the short video, signed the paperwork, took possession of the device, then threw it in my desk never to be seen again.
As I promoted and transferred, that device was moved from desk to desk and ended up in my wall locker. When I retired, the locker was cleaned out with me throwing the contents, including the “Wrist Wand” in a box and then transferred to attic storage at my home.
After I retired, I bought a foreclosed fixer upper custom home. The home is magnificent but my wife and I decided there needed to be some upgrades. Most of the upgrades I did by myself including laying approximately 2000 square feet of tile.
I had to remove the old flooring and prep the floor for the new tile. The new tile had to be set, then grouted. The grouting was a rigorous task and consisted of pressing the grout into position with a rubber trowel, then removing excess grout, after which a sponge cleaning was done. This left a chalky haze on the tile, and a hand polishing followed. The three months I worked on the installation of this tile caused repetitive motion injuries to both my hands and wrists.
I thought since I was no longer doing tile work, the injuries would heal. A year later, I still hurt. Every time I went to do something that required grip, it killed me. I considered that I would have to make that dreaded doctors appointment and get myself fixed. That’s when I remembered the “Wrist Wand.”
I went on the interenet and found the website and watched the video again. At first I couldn’t even do the full exercise. You start with the wand in front of you in your hands, palms up. The you bring it to your mid section palms to your chest, turning your hands downward and straightening out your arms as they go down towards your waist, palms once again out. Then keeping your arms straight, you lift your hands over your head as far up as they’ll go. It stretches your wrists and shoulders. Watch this video to get the idea of what I’m talking about. The manufacturer http://www.wristwand.com/ removed his video because people found out you can make your own. What was happening though was that without the soft grips it puts a lot of pressure on the thumbs and people were complaining about bruises.
http://www.youtube.com/watch?v=ndSmIR3evn0
I couldn’t even keep my grip as I pushed down to the waist, let alone lift up in the air above my head. I didn’t do this every hour. I did it once a day in the morning for ten half reps. After about a month, I could do a full half rep and another month a full rep for ten reps. A year later, I do 30 full reps every morning and my pain is gone. I could do more but this is enough to keep me well. I feel fantastic. It really is a magic “wrist wand.”
.
In 2001, I was the information technology supervisor for a city police department. In that position, I was in charge of telephones, radios, and computers, but my main job was the implementation and project management of a dispatch and records database program. Therefore, I worked very close to dispatchers and records people who used that program to so their daily jobs. There was another supervisor in charge of those personnel. My office was next to his. He also had a project. He was the project manager of a new dispatch center. That required me to work closely with him.
One of his responsibilities was the ergonomics of dispatch center. He had to not only order chairs and furniture but had to ensure that furniture would last throughout it’s depreciation period as well as ensuring safety and comfort. Dispatchers routinely worked 12 hour shifts and would often work overtime past those hours.
Two injuries often occurring in dispatchers is back problems and repetitive motion injuries (carpel tunnel.)
The chairs and work stations adjusted in everyway possible. There were foot rests and back cushions. If an employee can stay healthy, that employee will not miss work, will not complain, and will not get work related injuries.
Exercise was encouraged and the city provided for all it’s employees a gym membership.
Repetitive Motion is a whole science in itself. Anyone working long hours on a computer was highly encouraged to exercise. One item in particular was issued, a “Wrist Wand.”
The “Wrist Wand” is a simple device. It’s a 1” dowell approximately 10” long. It has cushioned grips on the ends resembling the soft grips of a racing bicycle. There was a video each employee had to watch and sign that he/she had watched it in order to be issued a device.
The video showed a simple exercise and recommended that this exercise by done hourly throughout the work day with a single repetition of ten.
I always thought it ironic and strange that to combat repetitive motion injuries, a repetitive exercise would be prescribed.
All dispatchers and records personnel were issued one. I, as a computer systems supervisor was also issued the device. Like most everyone else, I watched the short video, signed the paperwork, took possession of the device, then threw it in my desk never to be seen again.
As I promoted and transferred, that device was moved from desk to desk and ended up in my wall locker. When I retired, the locker was cleaned out with me throwing the contents, including the “Wrist Wand” in a box and then transferred to attic storage at my home.
After I retired, I bought a foreclosed fixer upper custom home. The home is magnificent but my wife and I decided there needed to be some upgrades. Most of the upgrades I did by myself including laying approximately 2000 square feet of tile.
I had to remove the old flooring and prep the floor for the new tile. The new tile had to be set, then grouted. The grouting was a rigorous task and consisted of pressing the grout into position with a rubber trowel, then removing excess grout, after which a sponge cleaning was done. This left a chalky haze on the tile, and a hand polishing followed. The three months I worked on the installation of this tile caused repetitive motion injuries to both my hands and wrists.
I thought since I was no longer doing tile work, the injuries would heal. A year later, I still hurt. Every time I went to do something that required grip, it killed me. I considered that I would have to make that dreaded doctors appointment and get myself fixed. That’s when I remembered the “Wrist Wand.”
I went on the interenet and found the website and watched the video again. At first I couldn’t even do the full exercise. You start with the wand in front of you in your hands, palms up. The you bring it to your mid section palms to your chest, turning your hands downward and straightening out your arms as they go down towards your waist, palms once again out. Then keeping your arms straight, you lift your hands over your head as far up as they’ll go. It stretches your wrists and shoulders. Watch this video to get the idea of what I’m talking about. The manufacturer http://www.wristwand.com/ removed his video because people found out you can make your own. What was happening though was that without the soft grips it puts a lot of pressure on the thumbs and people were complaining about bruises.
http://www.youtube.com/watch?v=ndSmIR3evn0
I couldn’t even keep my grip as I pushed down to the waist, let alone lift up in the air above my head. I didn’t do this every hour. I did it once a day in the morning for ten half reps. After about a month, I could do a full half rep and another month a full rep for ten reps. A year later, I do 30 full reps every morning and my pain is gone. I could do more but this is enough to keep me well. I feel fantastic. It really is a magic “wrist wand.”
.
Tuesday, September 14, 2010
Finding Treasure
.
After I retired in 2008, my wife and I decided to start walking for exercise. We walked 3 to 5 miles a day for almost a year. One of the things we did while walking was to search for treasure. It truly is amazing what people leave lying around the street. We have found silverware, tools, knives, jewelry, a whole assortment of trinkets, and money. We would take our treasure home with us and place it in a big jar. On one of our walks, we found a lid for the jar. There’s a chicken on top of the lid that appears to be from some type of canister set. We moved up on a hill and adopted a stray dog. The dog wasn’t leash trained and we didn’t want him following us through the busy streets, so now we work out at home, and don't do much walking. But, whenever we’re out, if we happen upon a worthy piece of treasure it still comes home to it’s new home in the jar. That is especially true for money. We’ll come out of restaurants and stores and find coins on sidewalks and in parking lots. That money is placed separate usually in my wife’s purse and always gets placed in the jar. We find that in finding money, we can judge the economy. When the economy went south, we pretty much quit finding anything. Lately, it must be getting better, because we are starting to find the money again. This morning, I found two one dollar bills in the hardware store parking lot. My guess is that it popped out of someone’s pocket as they pulled out their keys. When I got home and told my wife of the find, she watched closely to ensure I placed it in the jar. Maybe she doesn’t trust me. Anyway, I got to wondering just how much is in that two and a half year old treasure jar. So, I emptied it out, counted the money, and then put it all back in the jar. Here’s what we got:
one $10 bill, three $1 bills, 16 quarters, 74 dimes, 29 nickels, and 389 pennies totaling $30.14. At today’s high interest rate of maybe 1%, we would have had to have had about $1,200 in the bank for those whole 2 ½ years to get that kind of a return. Not bad for finding treasure and it’s not even buried.
.
.
one $10 bill, three $1 bills, 16 quarters, 74 dimes, 29 nickels, and 389 pennies totaling $30.14. At today’s high interest rate of maybe 1%, we would have had to have had about $1,200 in the bank for those whole 2 ½ years to get that kind of a return. Not bad for finding treasure and it’s not even buried.
.
.
Tuesday, September 07, 2010
Some Things Are Worth Mentioning
.
If I have something I like, I like recommending that item to my friends.
In 1974, I bought a Sanyo oscillating fan. It has a metal cage and a blue clear plastic blade. The parts that make it oscillate have long worn out but that fan is still working 36 years later.
The house I live in was built in 1988. The people who built it put in six Victorian style Casablanca ceiling fans. Twenty two years later, they all still work great. I’ve had to have two flywheels replaced but these fans look like new and should last forever. I love them!
My Nissan hardbody pickup is a 91. I bought it in October of 90 brand new. I paid it off when some accounts came due in January 91. Twenty years later, it runs fantastic. I’ve only put 75,000 miles on it. I’ve replaced the battery four times and the tires twice. Recently, I put on a new muffler. The first 15 years, it was garaged, but the last five it has set out. Except for when the battery died (four times), it has never failed to start. The ac works great on it. I’ve used it many times to haul gravel, appliances, and furniture. I would buy another one.
The last item I would like to mention is an ink pen. Until 2005, I had never had an ink pen last until it ran out of ink. How many times have you picked up a pen and went to write something and the ball was frozen. If you didn’t rip the paper, you had to grab something else and try scribbling with it until it started writing, if it ever worked again. Anyway, in 2005, my work bought some Pilot pens. They are clear and say Pilot BETTER Retractable Medium. Not one of these pens has ever failed to write and I’ve personally run at least ten of them out of ink.
Things you are happy with are worth telling people about.
.
.
.Follow up Nov 15, 2010 - You can no longer find the Pilot BETTER pen. Luckily, the Dr. Grip by Pilot uses the same "revolutionary ink." It's a #77227 refill.
.
If I have something I like, I like recommending that item to my friends.
In 1974, I bought a Sanyo oscillating fan. It has a metal cage and a blue clear plastic blade. The parts that make it oscillate have long worn out but that fan is still working 36 years later.
The house I live in was built in 1988. The people who built it put in six Victorian style Casablanca ceiling fans. Twenty two years later, they all still work great. I’ve had to have two flywheels replaced but these fans look like new and should last forever. I love them!
My Nissan hardbody pickup is a 91. I bought it in October of 90 brand new. I paid it off when some accounts came due in January 91. Twenty years later, it runs fantastic. I’ve only put 75,000 miles on it. I’ve replaced the battery four times and the tires twice. Recently, I put on a new muffler. The first 15 years, it was garaged, but the last five it has set out. Except for when the battery died (four times), it has never failed to start. The ac works great on it. I’ve used it many times to haul gravel, appliances, and furniture. I would buy another one.
The last item I would like to mention is an ink pen. Until 2005, I had never had an ink pen last until it ran out of ink. How many times have you picked up a pen and went to write something and the ball was frozen. If you didn’t rip the paper, you had to grab something else and try scribbling with it until it started writing, if it ever worked again. Anyway, in 2005, my work bought some Pilot pens. They are clear and say Pilot BETTER Retractable Medium. Not one of these pens has ever failed to write and I’ve personally run at least ten of them out of ink.
Things you are happy with are worth telling people about.
.
.
.Follow up Nov 15, 2010 - You can no longer find the Pilot BETTER pen. Luckily, the Dr. Grip by Pilot uses the same "revolutionary ink." It's a #77227 refill.
.
Monday, September 06, 2010
For Those With Pets That Have Had To Make The Tough Decision
'nough said...
(click on picture before reading, then click again if you need it just a little bit bigger)
(click on picture before reading, then click again if you need it just a little bit bigger)
Tuesday, August 24, 2010
Lifetime Continuous Learning
Facebook is great. You get reacquainted with old friends and old aquaintances. Plus, it’s a sounding board. Especially for politics.
Recently, though, I learned a valuable lesson that I learned years ago. Somehow, I just forgot. That lesson “Nobody, I mean nobody cares what I think. Not anymore than I care about what they think.” So why do we continue pushing our thoughts towards others?
Maybe, we have this deep inner feeling that by shoving our opinions down peoples throats that we will miraculously save them from being wrong. They definitely need to see my way….. or do they? Turns out, they think they’re smarter than me, and they want to miraculously save me from myself because they know that I’m a complete moron.
That’s ok, please try to convince me. I love learning new ideas, but from now on, don’t expect me to cram my ideas down your pie hole. I know better.
Several years ago, when I wanted to be successful, I studied the greats. Norman Vincent Peale. Napoleon Hill. Dale Carnegie. I even listened to the new guys. Anthony Robbins. Brian Tracy. I can honestly say, I think it worked. I think I’m successful. I own two houses out right. I have a Corvette, a Mustang, and a truck, all paid for. I am debt free and I retired at 54 from a second career. I don’t consider myself rich, but I do think I have succeeded in my career goals. I would still like to better my financial position, but who wouldn’t.
One thing I prided myself in was problem solving. I believe that every situation, once over, should be analyzed. What did I do right, what wrong? How will I react next time. I honestly believe this has kept me from harm’s way in both careers.
I always believed in listening to both sides (or more) before making a decision. Of course, in police work, you sometimes have to make a snap judgement and act, even if it turns out wrong. Then you analyze.
Lately, though, I have become an asshole. I became the people I hate. You know, the ones who think they are smarter and better than you. They bore you with facts to show their superiority and so you can see how smart they are. They interrupt when your talking and interject their thoughts because they are obviously more important than yours. Yup, bad news, that’s me. Luckily, I have realized this to some extent and pray that I can learn from this and change back to the old me.
Back to re-learning and continuing on a lifetime of education.
Monday, August 23, 2010
Publicize My Thoughts?
I have published my thoughts on this blog and have done so for some time. Before the internet, I used to blog, but it didn’t have a name and they weren’t posted where strangers could happen upon them. But do I publicize them now? Tough question.
Way back in 1970, there was a guy named Vic who was a senior on the track team and I, a junior. We both were high jumpers. I can’t remember ever beating him. One meet, I finally hit 6’0”. I think Vic may have gone 6’1” at that meet. I’m not sure if he ever knew, but I was kinda jealous. Vic was leading the way. The way I wanted to go. I wanted to be #1. He was.
I haven’t seen Vic since then (1970) but he has appeared one again in my life via facebook. I love technology.
Well, here’s the deal. Vic is once again leading the way. Vic has a blog. He writes on it often and it’s very good. Plus, he’s got followers and he wants people to read it. Do I follow the path that he has created or do I continue to write for myself? Do I let people in on ME, what I’m all about. Tough call. I’m not sure. Scares hell outa me.
Let me think about it. We’ll see if I’m that brave. I know, I know. 20 years plus in the military, 20 years as a cop, what have I got to be afraid of? Rejection, failure? Like I pondered before, letting people in?
Still thinking.
Thursday, August 19, 2010
Smog Test
I went to get my smog test. $39.99
I went to my normal guy, Joe who has been doing my smog testing for years. He and a guy named Mike aka Shorty (cause he’s about 4 foot nothing) used to do it in the 90’s when I had our Olds Cutlass and on the truck. They had a shop in Hemet. They split up and Joe moved his place to San Jacinto.
So every two years, I go see Joe. Well, Joe’s machine broke and it’ll cost over $30K to replace it. He says then in 2012, the laws change so he’ll need to put another $50k into the business for udated equipment. He says he makes less than $20 per car, so he would have to do over 4000 cars just to pay for the equipment, and that’s not counting the rest of his overhead.
So now, Joe no longer does smog testing. He sent me to Kurt at Hurley’s. Kurt is a guy I worked with at the PD’s brother in law.
Kurt says that he is a smog repair station and I need to go to a test only place to get the test done and he can’t recommend anyone, but since I had been with Joe so long, had I seen Shorty’s place.
So I went to Shorty’s which is called Juan’s Test Only Smog Station. I almost died. I had to go into a dry cleaners, Juan’s, to set up the test, then drive around back. There was Mike/ Shorty right there.
They had a garage around back of the dry cleaners. Juan was the original owner of the dry cleaners and he and Shorty partnered in the smog testing. Shorty bought out Juan and now he and his daughter run the dry cleaners and the smog place.
Shorty was wearing a shirt that said “if it has wheels or a skirt, I can’t afford it.”
So I got my smog test done. Now I gotta pay DMV fees and I’ll be legal.
The Good and Bad Haircut, No Difference
.
August 18th, 2010
So, this morning I screwed around too long. The dog got me up early and wanted out and threw the whole schedule off. Put the coffee a little late, therefore delayed the workout…..
I’m definitely a creature of habit. I had planned on going down to the Chevy dealer today and talking about a recall on the Vette. Nothing exciting, a 20 minute job. But, you know how these poop heads are they won’t make it easy on ya. You gotta drop the car off and leave it all day for the 20 minute job.
So, anyway, I decided to sand the cabinets instead, then Barbi came in and said “It’s already 85 degrees. Gonna be a hot one.” Scrub the cabinets idea.
So I decide I needed a haircut. I pulled out the clippers, cleaned out the sink, etc. Barbi says “No, you need to go get a haircut.”
So after lunch, I head out. I go to the usual place cause it’s close. I like another place better but it’s a drive and the guy that does my hair is semi retired meaning he closes whenever he decides, so ya never know if he’ll be there or not.
Anyway, I get up to the door and there’s a sign “Be back at 1:30.” It’s already one. So instead, there’s a place close to where I was (right across the street in a strip mall) and I head over there. This strip mall is situated in such a way that you almost have to drive around the block to get in from where I was. It’s a timing thing and my timing was off so I was kinda stuck in traffic and finally did drive around the block to get there. Now, I’m wishing I had just trimmed it up myself or gone down to Chuck’s (the semi retired guy) hoping he would be there.
So, I finally get in the parking lot and there’s no place to park. It’s one way and I’m not about to go back out on the street just to drive back around the block. I pull over the best I can and start backing up, making people pass me. I finally get parked and walk over to the barber shop. I walk in.
Something looks wrong, but a heat wave hit me upon opening the door and I couldn’t figure out why the hell it was so hot. When you walk in from outside, it’s supposed to hit you with cool.
A voice asked if she could help me. I look up and realize what’s different. The barber shop was now gone. The barber chairs were still there but the racks by the chairs got beauty products instead of car magazines. I say “Oh, I was gonna get a haircut.” She, a 70 year old Hispanic gal says “Come on in, we do both men and women.” I think WTF, let’s get this done.
She motions me in the chair and wraps the usual apron/ cape around me and walks off. I’m looking at this place. Someone had wall papered the cabinets and it was a real shitty job. The whole place looked like a dump and I kinda felt like I was in Tijuana or Juarez or maybe a third world country.
Then this little cute dog comes out of nowhere and jumps up on me wanting attention. I start petting him/her and think, why is it so freakin’ hot in here. Then I look up and see the lady over at the fuse panel turning one of those timers like in a tanning booth. I feel a blast of air come out of the vent above me.
So I tell this lady I’m just looking for an inch off the top and a nice taper on the sides and back. The dog goes and lays down in the corner, the lady starts on my hair and the world is good.
The air starts getting a tiny bit cooler. She is taking her time and doing a pretty good job. But, she’s very slow. What should have taken maybe 15 minutes has now run into a good half hour and I’m still hot and now I’m falling asleep.
Just when I’m thinking to myself that she may be finished, she grabs a hand full of clear goop and starts massaging it into my hair. It felt very good. Then she wipes her hands and I think she’s gonna grab the comb, but oh heck no. She goes back to the massage and boy did it feel good. Kinda reminded me of the barbers in Japan. She does a good massage. Gets the scalp, gets around the ears real good, then the neck, then the shoulders. I was stating to get worried when she finally stopped.
I’m thinking ok, let’s get the hell outa here. But oh hell nooooo, she pulls out this big flash light lookin thing and turns it on. It was an infra red massaging vibrating dildo. She pops this baby on the back of my neck. OK it felt good. I’m really getting worried now. I’m praying someone else will walk into the shop. I’ve been in there close to an hour by now.
All along, I’m making small talk, Boy, that sure is relaxing, I wish I didn’t have to go back to work and anything else that popped in my head. Plus it’s still hotter that hell in the place. I think the timer went off.
She finally finishes up and unsnaps the cape around my neck. Thank god, I can get out. Nope, now she’s gotta put shave cream around my neck and get those little hairs that was under the cape.
I was really starting to tense up again and was afraid she would start massaging again. She trimmed up the eyebrows. Finally she combs my hair again, pulls off the cape, holds up a mirror behind my head so I can see in the mirror and says “What ju thin.”
Fantastic, how much do I owe you, I gotta get back to work. She shyly says “$10” in that tone like ya know, that’s not too much is it? Jesus, that’s not bad. I gave her $12 being the generous sole I am. Hey that’s 20%! Don’t judge.
I was just glad to get outa there. As I walked out, the cool 95 degree air from outside hit me like a cool breeze. I almost ran to the car and headed home. Holy smokes, what an experience.
I got home and Barbi just gushes on how that’s probably one of the best haircuts I’ve had and how good it looks. I went up and washed the goop out and shampoo’d. Not bad, I guess. Barbi still thinks it looks good. So I started thinking, maybe I’ll go back there next time. The price was right.
August 18th, 2010
So, this morning I screwed around too long. The dog got me up early and wanted out and threw the whole schedule off. Put the coffee a little late, therefore delayed the workout…..
I’m definitely a creature of habit. I had planned on going down to the Chevy dealer today and talking about a recall on the Vette. Nothing exciting, a 20 minute job. But, you know how these poop heads are they won’t make it easy on ya. You gotta drop the car off and leave it all day for the 20 minute job.
So, anyway, I decided to sand the cabinets instead, then Barbi came in and said “It’s already 85 degrees. Gonna be a hot one.” Scrub the cabinets idea.
So I decide I needed a haircut. I pulled out the clippers, cleaned out the sink, etc. Barbi says “No, you need to go get a haircut.”
So after lunch, I head out. I go to the usual place cause it’s close. I like another place better but it’s a drive and the guy that does my hair is semi retired meaning he closes whenever he decides, so ya never know if he’ll be there or not.
Anyway, I get up to the door and there’s a sign “Be back at 1:30.” It’s already one. So instead, there’s a place close to where I was (right across the street in a strip mall) and I head over there. This strip mall is situated in such a way that you almost have to drive around the block to get in from where I was. It’s a timing thing and my timing was off so I was kinda stuck in traffic and finally did drive around the block to get there. Now, I’m wishing I had just trimmed it up myself or gone down to Chuck’s (the semi retired guy) hoping he would be there.
So, I finally get in the parking lot and there’s no place to park. It’s one way and I’m not about to go back out on the street just to drive back around the block. I pull over the best I can and start backing up, making people pass me. I finally get parked and walk over to the barber shop. I walk in.
Something looks wrong, but a heat wave hit me upon opening the door and I couldn’t figure out why the hell it was so hot. When you walk in from outside, it’s supposed to hit you with cool.
A voice asked if she could help me. I look up and realize what’s different. The barber shop was now gone. The barber chairs were still there but the racks by the chairs got beauty products instead of car magazines. I say “Oh, I was gonna get a haircut.” She, a 70 year old Hispanic gal says “Come on in, we do both men and women.” I think WTF, let’s get this done.
She motions me in the chair and wraps the usual apron/ cape around me and walks off. I’m looking at this place. Someone had wall papered the cabinets and it was a real shitty job. The whole place looked like a dump and I kinda felt like I was in Tijuana or Juarez or maybe a third world country.
Then this little cute dog comes out of nowhere and jumps up on me wanting attention. I start petting him/her and think, why is it so freakin’ hot in here. Then I look up and see the lady over at the fuse panel turning one of those timers like in a tanning booth. I feel a blast of air come out of the vent above me.
So I tell this lady I’m just looking for an inch off the top and a nice taper on the sides and back. The dog goes and lays down in the corner, the lady starts on my hair and the world is good.
The air starts getting a tiny bit cooler. She is taking her time and doing a pretty good job. But, she’s very slow. What should have taken maybe 15 minutes has now run into a good half hour and I’m still hot and now I’m falling asleep.
Just when I’m thinking to myself that she may be finished, she grabs a hand full of clear goop and starts massaging it into my hair. It felt very good. Then she wipes her hands and I think she’s gonna grab the comb, but oh heck no. She goes back to the massage and boy did it feel good. Kinda reminded me of the barbers in Japan. She does a good massage. Gets the scalp, gets around the ears real good, then the neck, then the shoulders. I was stating to get worried when she finally stopped.
I’m thinking ok, let’s get the hell outa here. But oh hell nooooo, she pulls out this big flash light lookin thing and turns it on. It was an infra red massaging vibrating dildo. She pops this baby on the back of my neck. OK it felt good. I’m really getting worried now. I’m praying someone else will walk into the shop. I’ve been in there close to an hour by now.
All along, I’m making small talk, Boy, that sure is relaxing, I wish I didn’t have to go back to work and anything else that popped in my head. Plus it’s still hotter that hell in the place. I think the timer went off.
She finally finishes up and unsnaps the cape around my neck. Thank god, I can get out. Nope, now she’s gotta put shave cream around my neck and get those little hairs that was under the cape.
I was really starting to tense up again and was afraid she would start massaging again. She trimmed up the eyebrows. Finally she combs my hair again, pulls off the cape, holds up a mirror behind my head so I can see in the mirror and says “What ju thin.”
Fantastic, how much do I owe you, I gotta get back to work. She shyly says “$10” in that tone like ya know, that’s not too much is it? Jesus, that’s not bad. I gave her $12 being the generous sole I am. Hey that’s 20%! Don’t judge.
I was just glad to get outa there. As I walked out, the cool 95 degree air from outside hit me like a cool breeze. I almost ran to the car and headed home. Holy smokes, what an experience.
I got home and Barbi just gushes on how that’s probably one of the best haircuts I’ve had and how good it looks. I went up and washed the goop out and shampoo’d. Not bad, I guess. Barbi still thinks it looks good. So I started thinking, maybe I’ll go back there next time. The price was right.
Thursday, August 12, 2010
Don't Judge Too Quickly
I watched this video this afternoon and read and listened to all the "outrage" from the public.
http://www.ktla.com/news/landing/ktla-deaf-shoppers-tackled,0,6097535.story
It's a shame, but don't be so fast to judge.
My Mom has a saying, "Don't believe anything you hear, and only half of what ya see."
I stopped a guy in 1992 for one of those stupid right turn only violations on Florida Ave. He pulled into Furrs parking lot and drives around, then pulls back out onto the street.
Red lights and siren, calling for failure to yield on the radio. Blood pressure shooting through the top of my head. Mind is racing like a big dog.
Finally he stops. All four doors on the car open up. The drives starts running at me while reaching inside his jacket. He came real close to being "dead right there."
Turns out, he was a deaf Canadian congressman on vacation visiting some relatives. The others all jumped out of the car to tell me he was deaf.
I mean, we're talking nano seconds to me pulling the trigger. I'm yelling stay in the car, then put your hands up, then stop, stop, stop.
He was reaching for his diplomatic passport. Ya think that wouldn't have caused some outrage. I would have been the bad guy and would have had to live with that the rest of my life.
I figured what the hay, this guy almost died, so I gave him a warning. Then I got in trouble. You mean you had to pull your gun and didn't even write the guy a ticket?
Back to this security guard. I'm sure the tackle came after a tug on the arm and some resistance.
Or maybe the security guard woke up this morning and said "Boy, I hope I get to wrestle with some deaf guy today, and ruin my whole freakin life. Maybe I'll get lucky and get fired and maybe even sued! Woohoo!"
Never be too fast to judge. That's what the courts are for.
Remember this, the media is there to SELL the news. If it doesn't create sensationalism, it doesn't sell advertisement.
Ask a newsman how much reporting he'd do if he quit getting paid. Think back over the past year. Flu pandemic, BP worst oil disaster in US history, the cops acted stupidly in Cambridge,.... and on and on....
http://www.ktla.com/news/landing/ktla-deaf-shoppers-tackled,0,6097535.story
It's a shame, but don't be so fast to judge.
My Mom has a saying, "Don't believe anything you hear, and only half of what ya see."
I stopped a guy in 1992 for one of those stupid right turn only violations on Florida Ave. He pulled into Furrs parking lot and drives around, then pulls back out onto the street.
Red lights and siren, calling for failure to yield on the radio. Blood pressure shooting through the top of my head. Mind is racing like a big dog.
Finally he stops. All four doors on the car open up. The drives starts running at me while reaching inside his jacket. He came real close to being "dead right there."
Turns out, he was a deaf Canadian congressman on vacation visiting some relatives. The others all jumped out of the car to tell me he was deaf.
I mean, we're talking nano seconds to me pulling the trigger. I'm yelling stay in the car, then put your hands up, then stop, stop, stop.
He was reaching for his diplomatic passport. Ya think that wouldn't have caused some outrage. I would have been the bad guy and would have had to live with that the rest of my life.
I figured what the hay, this guy almost died, so I gave him a warning. Then I got in trouble. You mean you had to pull your gun and didn't even write the guy a ticket?
Back to this security guard. I'm sure the tackle came after a tug on the arm and some resistance.
Or maybe the security guard woke up this morning and said "Boy, I hope I get to wrestle with some deaf guy today, and ruin my whole freakin life. Maybe I'll get lucky and get fired and maybe even sued! Woohoo!"
Never be too fast to judge. That's what the courts are for.
Remember this, the media is there to SELL the news. If it doesn't create sensationalism, it doesn't sell advertisement.
Ask a newsman how much reporting he'd do if he quit getting paid. Think back over the past year. Flu pandemic, BP worst oil disaster in US history, the cops acted stupidly in Cambridge,.... and on and on....
Monday, July 26, 2010
Undercover Boss
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In 1986, my wife and I lived in Lake Forest, California. At the time, the address was El Toro. Down on Rockfield Blvd there was a pizza place. I don’t remember anything special about this place except that it was one of those places where you ordered and picked up your pizza over here, and over there you got your drinks. We had ordered our pizza and my wife found us a pretty good table and I went to get the drinks. There were several people in front of me and a lady directly in front of me who I’d say was about 55 years old. She didn’t strike me as being special. She was dressed just like the rest of us in jeans and a tee. She did have an empty pitcher in her hand. We all waited silently and if any contact was made at all, it was just a polite smile or a nod. Finally, it was her turn in line. There were two guys at the drink bar. One was younger taking orders and the other in probably his late 20’s was filling those orders. The lady popped the pitcher on the bar and politely asked “can I just get half a pitcher?” The young man immediately responded by saying “I’m sorry, we can only sell by the mug or by a full pitcher.” She then said she’d take a whole pitcher. The older guy filling the orders, turned and said, “for you, we’ll make an exception,” and presented her with a half pitcher and continued “it’s on the house.” She then thanked the young man, grabbed the pitcher and turned to walk away. I thought to myself “How cool was that, maybe I can get some free beer, too.” Before I could order, the older guy leaned to the younger guy and said “that lady owns this place.”
In 1960, there was a Bing Crosby movie “High Time” where Bing was a successful owner of a chain of burger restaurants. Once he got successful (MILLIONAIRE successful) , he decided to fulfill his dream of getting his college degree. Bing joins a fraternity and decides to treat his college friends to what he said were the best hamburgers ever. When they got there and ordered, the burgers came out horrible. Bing told the waiter so. The waiter was kinda snobbish and begged to differ. Bing then announced who he was and then gave the waiter and the cook a much needed lesson on how the burgers were supposed to be cooked and how his restaurants are run.
I have a friend who owns two chain fast food restaurants. He is also retired from another successful career. I ask him one day why he went into the fast food restaurant business when I know he makes a pretty decent retirement check from that previous career. His reply was “Visions of Grandeur.” He told me he thought he could buy the already successful restaurants, hire someone else to run them, and sit back counting his cash. He’s owned them over ten years now and still can’t find anyone he trusts enough to turn the business over to. He gets up everyday and goes in and runs his business. Even when he’s not there, he’s continuously on the phone to his managers.
I have the same dream of owning a place where I don’t have to do anything but kick back and count the cash. Once in a great while, I can pop in for a surprise visit. What lessons can we learn from these three stories?
In 1986, my wife and I lived in Lake Forest, California. At the time, the address was El Toro. Down on Rockfield Blvd there was a pizza place. I don’t remember anything special about this place except that it was one of those places where you ordered and picked up your pizza over here, and over there you got your drinks. We had ordered our pizza and my wife found us a pretty good table and I went to get the drinks. There were several people in front of me and a lady directly in front of me who I’d say was about 55 years old. She didn’t strike me as being special. She was dressed just like the rest of us in jeans and a tee. She did have an empty pitcher in her hand. We all waited silently and if any contact was made at all, it was just a polite smile or a nod. Finally, it was her turn in line. There were two guys at the drink bar. One was younger taking orders and the other in probably his late 20’s was filling those orders. The lady popped the pitcher on the bar and politely asked “can I just get half a pitcher?” The young man immediately responded by saying “I’m sorry, we can only sell by the mug or by a full pitcher.” She then said she’d take a whole pitcher. The older guy filling the orders, turned and said, “for you, we’ll make an exception,” and presented her with a half pitcher and continued “it’s on the house.” She then thanked the young man, grabbed the pitcher and turned to walk away. I thought to myself “How cool was that, maybe I can get some free beer, too.” Before I could order, the older guy leaned to the younger guy and said “that lady owns this place.”
In 1960, there was a Bing Crosby movie “High Time” where Bing was a successful owner of a chain of burger restaurants. Once he got successful (MILLIONAIRE successful) , he decided to fulfill his dream of getting his college degree. Bing joins a fraternity and decides to treat his college friends to what he said were the best hamburgers ever. When they got there and ordered, the burgers came out horrible. Bing told the waiter so. The waiter was kinda snobbish and begged to differ. Bing then announced who he was and then gave the waiter and the cook a much needed lesson on how the burgers were supposed to be cooked and how his restaurants are run.
I have a friend who owns two chain fast food restaurants. He is also retired from another successful career. I ask him one day why he went into the fast food restaurant business when I know he makes a pretty decent retirement check from that previous career. His reply was “Visions of Grandeur.” He told me he thought he could buy the already successful restaurants, hire someone else to run them, and sit back counting his cash. He’s owned them over ten years now and still can’t find anyone he trusts enough to turn the business over to. He gets up everyday and goes in and runs his business. Even when he’s not there, he’s continuously on the phone to his managers.
I have the same dream of owning a place where I don’t have to do anything but kick back and count the cash. Once in a great while, I can pop in for a surprise visit. What lessons can we learn from these three stories?
If you love baseball…
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Today, I watched the induction ceremonies for the 2010 baseball hall of fame. One of the inductees was Andre Dawson, an outfielder who played 21 seasons for four different teams.
The “Hawk” as his uncle nicknamed him as a youngster, had blown out a knee in high school from what sounded like playing a different sport. Bad enough that he had to have an operation. He then went on to play college ball wearing a brace. He must have done well cause he was drafted by the Montreal Expos.
He played ten years in Montreal on artificial turf at exhibition stadium. He blew his knee out again during that Montreal stretch and had to have another operation. After that tenth season, he decided there was no way he could continue playing on artificial turf, (plus he was offered a pay cut) so he became a free agent. Unfortunately, no one wanted him.
When it came time for spring training, he was still not signed. Andre wanted to play baseball. Every one told him he’d had it and it was time to move on. But, Andre still wanted to play. So, his agent, Dick Moss came up with a brilliant idea. They arrived at the Cubs spring training and approached them with an offer. Let Andre try out with the Cubs and Moss handed them a contract with all the numbers blank. Give him what you feel he’s worth. It was dubbed the “blank check contract.”
The Cubs gave him a half million bucks, cutting his pay by 2/3’s. The Hawk responded by hitting 49 homers, making the All Star’s, and being the league MVP.
Andre went on to play another 10 seasons after that for the Cubs, Red Sox, and Marlins. Along the line, he had another knee operation and after baseball had both knees replaced.
During the Hawks induction speech, he made this statement many times. “If you love baseball, baseball will love you back!”
Today, I watched the induction ceremonies for the 2010 baseball hall of fame. One of the inductees was Andre Dawson, an outfielder who played 21 seasons for four different teams.
The “Hawk” as his uncle nicknamed him as a youngster, had blown out a knee in high school from what sounded like playing a different sport. Bad enough that he had to have an operation. He then went on to play college ball wearing a brace. He must have done well cause he was drafted by the Montreal Expos.
He played ten years in Montreal on artificial turf at exhibition stadium. He blew his knee out again during that Montreal stretch and had to have another operation. After that tenth season, he decided there was no way he could continue playing on artificial turf, (plus he was offered a pay cut) so he became a free agent. Unfortunately, no one wanted him.
When it came time for spring training, he was still not signed. Andre wanted to play baseball. Every one told him he’d had it and it was time to move on. But, Andre still wanted to play. So, his agent, Dick Moss came up with a brilliant idea. They arrived at the Cubs spring training and approached them with an offer. Let Andre try out with the Cubs and Moss handed them a contract with all the numbers blank. Give him what you feel he’s worth. It was dubbed the “blank check contract.”
The Cubs gave him a half million bucks, cutting his pay by 2/3’s. The Hawk responded by hitting 49 homers, making the All Star’s, and being the league MVP.
Andre went on to play another 10 seasons after that for the Cubs, Red Sox, and Marlins. Along the line, he had another knee operation and after baseball had both knees replaced.
During the Hawks induction speech, he made this statement many times. “If you love baseball, baseball will love you back!”
Friday, July 23, 2010
Pitch Count Coaching in Major League Baseball
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Somewhere along the line, baseball managers came up with the pitch count. The premise is that a pitcher can only pitch so many pitches in a game before tiring out. Somewhere about 120. So, when he reaches that count, you pull him out. You do it because if he is tired, he’ll make mistakes, and if he’s tired, he may injure himself. If he’s recovering from an injury, you don’t want him to get reinjured. How bout letting him heal up before using him if you’re that worried? So nowadays, you won’t see many pitchers pitch a complete game even if he’s winning and having a good night.
I think this kind of thinking is complete bull.
Hall of Famer Nolan Ryan, one of the best pitchers of all time was on ESPN not long ago and he said if a pitcher can’t pitch a whole game, you work him harder and get that strength built up so he can. Nolan Ryan pitched 27 seasons of major league ball. He had 222 complete games. He once pitched 259 pitches in 12 innings against the Royals in 1974. He has more no hitters than any other pitcher. Ya think they ever considered pulling him because of pitch count?
Now here’s something else about pitch count managers that drives me batty. Since they are so absorbed in this pitch count deal, they won’t pull a pitcher when the need to. They make excuses like, I don’t want to use my bull pen so soon in a game. Instead they would rather lose 10-0. Tonight, July 23rd, 2010, I’m watching the Yankees play the Royals. It’s a record type of night. Jorge Posada already hit his 1000th RBI in the first inning. A-Rod is sitting on 599 homers and tonight he could get number 600. Bannister has already given up 4 runs in the first inning. How ‘bout a high run count? He walked one and hit another with a pitch. How about number of batters to get on base in a row count? The announcer said Bannister sometimes takes a couple innings to settle down. So, as a pitch count guy, you keep him in. But, in the later innings after you replace him for having a high pitch count, you don’t have a pitch count for your relievers. Now, you’ll put in a reliever for one inning or maybe to pitch to just one batter. What kinda crap is this?
Batting coaches will even get involved in this. They say a batter who can make a pitcher pitch 6 or 7 pitches to him is a good at bat. Doesn’t matter that you strike out. They say that the count for that pitcher will get high quick and his manager will pull him when he gets to his pitch count high and that’s a good thing. Oh, a good thing that you get a fresh pitcher coming at you? Batting coaches will have a batter take the first pitch no matter where it’s thrown. Pitchers know this from the scouting report and what you’ll see is a batter taking strike one every time he comes to bat. A waste of a good pitch. I’ll tell ya what, if a pitcher is having a good night, the batters can’t wait for him to get pulled. If he’s having a bad night, they want him to stay in forever.
.
.
Somewhere along the line, baseball managers came up with the pitch count. The premise is that a pitcher can only pitch so many pitches in a game before tiring out. Somewhere about 120. So, when he reaches that count, you pull him out. You do it because if he is tired, he’ll make mistakes, and if he’s tired, he may injure himself. If he’s recovering from an injury, you don’t want him to get reinjured. How bout letting him heal up before using him if you’re that worried? So nowadays, you won’t see many pitchers pitch a complete game even if he’s winning and having a good night.
I think this kind of thinking is complete bull.
Hall of Famer Nolan Ryan, one of the best pitchers of all time was on ESPN not long ago and he said if a pitcher can’t pitch a whole game, you work him harder and get that strength built up so he can. Nolan Ryan pitched 27 seasons of major league ball. He had 222 complete games. He once pitched 259 pitches in 12 innings against the Royals in 1974. He has more no hitters than any other pitcher. Ya think they ever considered pulling him because of pitch count?
Now here’s something else about pitch count managers that drives me batty. Since they are so absorbed in this pitch count deal, they won’t pull a pitcher when the need to. They make excuses like, I don’t want to use my bull pen so soon in a game. Instead they would rather lose 10-0. Tonight, July 23rd, 2010, I’m watching the Yankees play the Royals. It’s a record type of night. Jorge Posada already hit his 1000th RBI in the first inning. A-Rod is sitting on 599 homers and tonight he could get number 600. Bannister has already given up 4 runs in the first inning. How ‘bout a high run count? He walked one and hit another with a pitch. How about number of batters to get on base in a row count? The announcer said Bannister sometimes takes a couple innings to settle down. So, as a pitch count guy, you keep him in. But, in the later innings after you replace him for having a high pitch count, you don’t have a pitch count for your relievers. Now, you’ll put in a reliever for one inning or maybe to pitch to just one batter. What kinda crap is this?
Batting coaches will even get involved in this. They say a batter who can make a pitcher pitch 6 or 7 pitches to him is a good at bat. Doesn’t matter that you strike out. They say that the count for that pitcher will get high quick and his manager will pull him when he gets to his pitch count high and that’s a good thing. Oh, a good thing that you get a fresh pitcher coming at you? Batting coaches will have a batter take the first pitch no matter where it’s thrown. Pitchers know this from the scouting report and what you’ll see is a batter taking strike one every time he comes to bat. A waste of a good pitch. I’ll tell ya what, if a pitcher is having a good night, the batters can’t wait for him to get pulled. If he’s having a bad night, they want him to stay in forever.
Monday, July 19, 2010
Bellamy Salute
Sometimes there are parts of history that simply are not taught. That's a shame, although I do realize that not everything can be taught. It would take way too much time. Anyway, here's one item that came to me in a pamphalet from the American Legion.
The title of the article in the pamphalet is "History of the Pledge of Allegiance." Below is the article in full. What was new to me was the Bellamy salute which is like a Roman salute, kinda. The arm is cocked bringing the open hand palm down to the chest. The arm is then extended out reaching upward pointing at the flag with the palm turning upward.
History of the Pledge of Allegiance
The original Pledge of Allegiance was written by Francis Bellamy. It was first given wide publicity through the official program of the National Public Schools Celebration of Columbus Day, which was printed in The Youth's Companion of September 8, 1892, and at the same time sent out in leaflet form to schools throughout the country. School children first recited the Pledge of Allegiance this way:
"I pledge allegiance to my Flag and to the Republic for which it stands one Nation indivisible, with Liberty and Justice for all."
"The flag of the United States" replaced the words "my Flag" in 1923 because some foreign-born people might have in mind the flag of the country of their birth instead of the United States flag. A year later, "of America" was added after "United States."
No form of the Pledge received official recognition by Congress until June 22, 1942, when the Pledge was formally included in the U.S. Flag Code. The official name of The Pledge of Allegiance was adopted in 1945. The last change in language came on Flag Day 1954, when Congress passed a law, which added the words "under God" after "one nation."
Originally, the pledge was said with the right hand in the so-called "Bellamy Salute," with the right hand resting first outward from the chest, then the arm extending out from the body. Once Hitler came to power in Europe, some Americans were concerned that this position of the arm and hand resembled the Nazi or Fascist salute. In 1942 Congress also established the current practice of rendering the pledge with the right hand over the heart.
The Flag Code specifies that any future changes to the pledge would have to be with the consent of the President.
The title of the article in the pamphalet is "History of the Pledge of Allegiance." Below is the article in full. What was new to me was the Bellamy salute which is like a Roman salute, kinda. The arm is cocked bringing the open hand palm down to the chest. The arm is then extended out reaching upward pointing at the flag with the palm turning upward.
History of the Pledge of Allegiance
The original Pledge of Allegiance was written by Francis Bellamy. It was first given wide publicity through the official program of the National Public Schools Celebration of Columbus Day, which was printed in The Youth's Companion of September 8, 1892, and at the same time sent out in leaflet form to schools throughout the country. School children first recited the Pledge of Allegiance this way:
"I pledge allegiance to my Flag and to the Republic for which it stands one Nation indivisible, with Liberty and Justice for all."
"The flag of the United States" replaced the words "my Flag" in 1923 because some foreign-born people might have in mind the flag of the country of their birth instead of the United States flag. A year later, "of America" was added after "United States."
No form of the Pledge received official recognition by Congress until June 22, 1942, when the Pledge was formally included in the U.S. Flag Code. The official name of The Pledge of Allegiance was adopted in 1945. The last change in language came on Flag Day 1954, when Congress passed a law, which added the words "under God" after "one nation."
Originally, the pledge was said with the right hand in the so-called "Bellamy Salute," with the right hand resting first outward from the chest, then the arm extending out from the body. Once Hitler came to power in Europe, some Americans were concerned that this position of the arm and hand resembled the Nazi or Fascist salute. In 1942 Congress also established the current practice of rendering the pledge with the right hand over the heart.The Flag Code specifies that any future changes to the pledge would have to be with the consent of the President.
Wednesday, May 19, 2010
Analysis of Arizona’s SB 1070
Analysis of Arizona’s SB 1070
Let’s take a look at this Arizona Senate Bill. Arizona Governor Jan Brewer signed it into law Friday April 23rd, 2010. Since then, the whole country has gone Arizona crazy. One side says it’s the best thing a state could do since the federal government has refused to enforce laws already in place. Others say the law is a violation of civil rights and will cause police to unfairly profile Mexican Americans. They are calling for a boycott of anything Arizona. Several lawsuits are being filed. So let’s take a looksee. Shall we? It’s a seventeen page read but I posted the entire thing because I know there are a lot of people out there who make assumptions about something without actually having seen what it is they are affirming or criticizing. My comments will be after the bill. Also take the time to see the bill at http://www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdf Take note when the bill shows a change to a law, the change is in blue and capitalized throughout. The rest of that law was already in place.
- i -
Senate Engrossed
State of Arizona
Senate
Forty-ninth Legislature
Second Regular Session
2010
SENATE BILL 1070
AN ACT
AMENDING TITLE 11, CHAPTER 7, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 8;
AMENDING TITLE 13, CHAPTER 15, ARIZONA REVISED STATUTES, BY ADDING SECTION
13-1509; AMENDING SECTION 13-2319, ARIZONA REVISED STATUTES; AMENDING TITLE
13, CHAPTER 29, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 13-2928 AND
13-2929; AMENDING SECTIONS 23-212, 23-212.01, 23-214 AND 28-3511, ARIZONA
REVISED STATUTES; AMENDING TITLE 41, CHAPTER 12, ARTICLE 2, ARIZONA REVISED
STATUTES, BY ADDING SECTION 41-1724; RELATING TO UNLAWFULLY PRESENT ALIENS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
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:
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1 1. DETERMINING ELIGIBILITY FOR ANY PUBLIC BENEFIT, SERVICE OR LICENSE
2 PROVIDED BY ANY FEDERAL, STATE, LOCAL OR OTHER POLITICAL SUBDIVISION OF THIS
3 STATE.
4 2. VERIFYING ANY CLAIM OF RESIDENCE OR DOMICILE IF DETERMINATION OF
5 RESIDENCE OR DOMICILE IS REQUIRED UNDER THE LAWS OF THIS STATE OR A JUDICIAL
6 ORDER ISSUED PURSUANT TO A CIVIL OR CRIMINAL PROCEEDING IN THIS STATE.
7 3. CONFIRMING THE IDENTITY OF ANY PERSON WHO IS DETAINED.
8 4. IF THE PERSON IS AN ALIEN, DETERMINING WHETHER THE PERSON IS IN
9 COMPLIANCE WITH THE FEDERAL REGISTRATION LAWS PRESCRIBED BY TITLE II, CHAPTER
10 7 OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT.
11 G. A PERSON MAY BRING AN ACTION IN SUPERIOR COURT TO CHALLENGE ANY
12 OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL
13 SUBDIVISION OF THIS STATE THAT ADOPTS OR IMPLEMENTS A POLICY THAT LIMITS OR
14 RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
15 EXTENT PERMITTED BY FEDERAL LAW. IF THERE IS A JUDICIAL FINDING THAT AN
16 ENTITY HAS VIOLATED THIS SECTION, THE COURT SHALL ORDER ANY OF THE FOLLOWING:
17 1. THAT THE PERSON WHO BROUGHT THE ACTION RECOVER COURT COSTS AND
18 ATTORNEY FEES.
19 2. THAT THE ENTITY PAY A CIVIL PENALTY OF NOT LESS THAN ONE THOUSAND
20 DOLLARS AND NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH DAY THAT THE POLICY
21 HAS REMAINED IN EFFECT AFTER THE FILING OF AN ACTION PURSUANT TO THIS
22 SUBSECTION.
23 H. A COURT SHALL COLLECT THE CIVIL PENALTY PRESCRIBED IN SUBSECTION G
24 AND REMIT THE CIVIL PENALTY TO THE DEPARTMENT OF PUBLIC SAFETY FOR DEPOSIT IN
25 THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND
26 ESTABLISHED BY SECTION 41-1724.
27 I. A LAW ENFORCEMENT OFFICER IS INDEMNIFIED BY THE LAW ENFORCEMENT
28 OFFICER'S AGENCY AGAINST REASONABLE COSTS AND EXPENSES, INCLUDING ATTORNEY
29 FEES, INCURRED BY THE OFFICER IN CONNECTION WITH ANY ACTION, SUIT OR
30 PROCEEDING BROUGHT PURSUANT TO THIS SECTION TO WHICH THE OFFICER MAY BE A
31 PARTY BY REASON OF THE OFFICER BEING OR HAVING BEEN A MEMBER OF THE LAW
32 ENFORCEMENT AGENCY, EXCEPT IN RELATION TO MATTERS IN WHICH THE OFFICER IS
33 ADJUDGED TO HAVE ACTED IN BAD FAITH.
34 J. THIS SECTION SHALL BE IMPLEMENTED IN A MANNER CONSISTENT WITH
35 FEDERAL LAWS REGULATING IMMIGRATION, PROTECTING THE CIVIL RIGHTS OF ALL
36 PERSONS AND RESPECTING THE PRIVILEGES AND IMMUNITIES OF UNITED STATES
37 CITIZENS.
38 Sec. 3. Title 13, chapter 15, Arizona Revised Statutes, is amended by
39 adding section 13-1509, to read:
40 13-1509. Trespassing by illegal aliens; assessment; exception;
41 classification
42 A. IN ADDITION TO ANY VIOLATION OF FEDERAL LAW, A PERSON IS GUILTY OF
43 TRESPASSING IF THE PERSON IS BOTH:
44 1. PRESENT ON ANY PUBLIC OR PRIVATE LAND IN THIS STATE.
45 2. IN VIOLATION OF 8 UNITED STATES CODE SECTION 1304(e) OR 1306(a).
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1 B. IN THE ENFORCEMENT OF THIS SECTION, THE FINAL DETERMINATION OF AN
2 ALIEN'S IMMIGRATION STATUS SHALL BE DETERMINED BY EITHER:
3 1. A LAW ENFORCEMENT OFFICER WHO IS AUTHORIZED BY THE FEDERAL
4 GOVERNMENT TO VERIFY OR ASCERTAIN AN ALIEN'S IMMIGRATION STATUS.
5 2. A LAW ENFORCEMENT OFFICER OR AGENCY COMMUNICATING WITH THE UNITED
6 STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED STATES BORDER
7 PROTECTION PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
8 C. A PERSON WHO IS SENTENCED PURSUANT TO THIS SECTION IS NOT ELIGIBLE
9 FOR SUSPENSION OR COMMUTATION OF SENTENCE OR RELEASE ON ANY BASIS UNTIL THE
10 SENTENCE IMPOSED IS SERVED.
11 D. IN ADDITION TO ANY OTHER PENALTY PRESCRIBED BY LAW, THE COURT SHALL
12 ORDER THE PERSON TO PAY JAIL COSTS AND AN ADDITIONAL ASSESSMENT IN THE
13 FOLLOWING AMOUNTS:
14 1. AT LEAST FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION.
15 2. TWICE THE AMOUNT SPECIFIED IN PARAGRAPH 1 OF THIS SUBSECTION IF THE
16 PERSON WAS PREVIOUSLY SUBJECT TO AN ASSESSMENT PURSUANT TO THIS SUBSECTION.
17 E. A COURT SHALL COLLECT THE ASSESSMENTS PRESCRIBED IN SUBSECTION D OF
18 THIS SECTION AND REMIT THE ASSESSMENTS TO THE DEPARTMENT OF PUBLIC SAFETY,
19 WHICH SHALL ESTABLISH A SPECIAL SUBACCOUNT FOR THE MONIES IN THE ACCOUNT
20 ESTABLISHED FOR THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT
21 MISSION APPROPRIATION. MONIES IN THE SPECIAL SUBACCOUNT ARE SUBJECT TO
22 LEGISLATIVE APPROPRIATION FOR DISTRIBUTION FOR GANG AND IMMIGRATION
23 ENFORCEMENT AND FOR COUNTY JAIL REIMBURSEMENT COSTS RELATING TO ILLEGAL
24 IMMIGRATION.
25 F. THIS SECTION DOES NOT APPLY TO A PERSON WHO MAINTAINS AUTHORIZATION
26 FROM THE FEDERAL GOVERNMENT TO REMAIN IN THE UNITED STATES.
27 G. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR, EXCEPT THAT A
28 VIOLATION OF THIS SECTION IS:
29 1. A CLASS 3 FELONY IF THE PERSON VIOLATES THIS SECTION WHILE IN
30 POSSESSION OF ANY OF THE FOLLOWING:
31 (a) A DANGEROUS DRUG AS DEFINED IN SECTION 13-3401.
32 (b) PRECURSOR CHEMICALS THAT ARE USED IN THE MANUFACTURING OF
33 METHAMPHETAMINE IN VIOLATION OF SECTION 13-3404.01.
34 (c) A DEADLY WEAPON OR A DANGEROUS INSTRUMENT, AS DEFINED IN SECTION
35 13-105.
36 (d) PROPERTY THAT IS USED FOR THE PURPOSE OF COMMITTING AN ACT OF
37 TERRORISM AS PRESCRIBED IN SECTION 13-2308.01.
38 2. A CLASS 4 FELONY IF THE PERSON EITHER:
39 (a) IS CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF THIS SECTION.
40 (b) WITHIN SIXTY MONTHS BEFORE THE VIOLATION, HAS BEEN REMOVED FROM
41 THE UNITED STATES PURSUANT TO 8 UNITED STATES CODE SECTION 1229a OR HAS
42 ACCEPTED A VOLUNTARY REMOVAL FROM THE UNITED STATES PURSUANT TO 8 UNITED
43 STATES CODE SECTION 1229c.
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1 Sec. 4. Section 13-2319, Arizona Revised Statutes, is amended to read:
2 13-2319. Smuggling; classification; definitions
3 A. It is unlawful for a person to intentionally engage in the
4 smuggling of human beings for profit or commercial purpose.
5 B. A violation of this section is a class 4 felony.
6 C. Notwithstanding subsection B of this section, a violation of this
7 section:
8 1. Is a class 2 felony if the human being who is smuggled is under
9 eighteen years of age and is not accompanied by a family member over eighteen
10 years of age or the offense involved the use of a deadly weapon or dangerous
11 instrument.
12 2. Is a class 3 felony if the offense involves the use or threatened
13 use of deadly physical force and the person is not eligible for suspension of
14 sentence, probation, pardon or release from confinement on any other basis
15 except pursuant to section 31-233, subsection A or B until the sentence
16 imposed by the court is served, the person is eligible for release pursuant
17 to section 41-1604.07 or the sentence is commuted.
18 D. Chapter 10 of this title does not apply to a violation of
19 subsection C, paragraph 1 of this section.
20 E. NOTWITHSTANDING ANY OTHER LAW, A PEACE OFFICER MAY LAWFULLY STOP
21 ANY PERSON WHO IS OPERATING A MOTOR VEHICLE IF THE OFFICER HAS REASONABLE
22 SUSPICION TO BELIEVE THE PERSON IS IN VIOLATION OF ANY CIVIL TRAFFIC LAW AND
23 THIS SECTION.
24 E. F. For the purposes of this section:
25 1. "Family member" means the person's parent, grandparent, sibling or
26 any other person who is related to the person by consanguinity or affinity to
27 the second degree.
28 2. "Procurement of transportation" means any participation in or
29 facilitation of transportation and includes:
30 (a) Providing services that facilitate transportation including travel
31 arrangement services or money transmission services.
32 (b) Providing property that facilitates transportation, including a
33 weapon, a vehicle or other means of transportation or false identification,
34 or selling, leasing, renting or otherwise making available a drop house as
35 defined in section 13-2322.
36 3. "Smuggling of human beings" means the transportation, procurement
37 of transportation or use of property or real property by a person or an
38 entity that knows or has reason to know that the person or persons
39 transported or to be transported are not United States citizens, permanent
40 resident aliens or persons otherwise lawfully in this state or have attempted
41 to enter, entered or remained in the United States in violation of law.
S.B. 1070
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1 Sec. 5. Title 13, chapter 29, Arizona Revised Statutes, is amended by
2 adding sections 13-2928 and 13-2929, to read:
3 13-2928. Unlawful stopping to hire and pick up passengers for
4 work; unlawful application, solicitation or
5 employment; classification; definitions
6 A. IT IS UNLAWFUL FOR AN OCCUPANT OF A MOTOR VEHICLE THAT IS STOPPED
7 ON A STREET, ROADWAY OR HIGHWAY TO ATTEMPT TO HIRE OR HIRE AND PICK UP
8 PASSENGERS FOR WORK AT A DIFFERENT LOCATION IF THE MOTOR VEHICLE BLOCKS OR
9 IMPEDES THE NORMAL MOVEMENT OF TRAFFIC.
10 B. IT IS UNLAWFUL FOR A PERSON TO ENTER A MOTOR VEHICLE THAT IS
11 STOPPED ON A STREET, ROADWAY OR HIGHWAY IN ORDER TO BE HIRED BY AN OCCUPANT
12 OF THE MOTOR VEHICLE AND TO BE TRANSPORTED TO WORK AT A DIFFERENT LOCATION IF
13 THE MOTOR VEHICLE BLOCKS OR IMPEDES THE NORMAL MOVEMENT OF TRAFFIC.
14 C. IT IS UNLAWFUL FOR A PERSON WHO IS UNLAWFULLY PRESENT IN THE UNITED
15 STATES AND WHO IS AN UNAUTHORIZED ALIEN TO KNOWINGLY APPLY FOR WORK, SOLICIT
16 WORK IN A PUBLIC PLACE OR PERFORM WORK AS AN EMPLOYEE OR INDEPENDENT
17 CONTRACTOR IN THIS STATE.
18 D. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR.
19 E. FOR THE PURPOSES OF THIS SECTION:
20 1. "SOLICIT" MEANS VERBAL OR NONVERBAL COMMUNICATION BY A GESTURE OR A
21 NOD THAT WOULD INDICATE TO A REASONABLE PERSON THAT A PERSON IS WILLING TO BE
22 EMPLOYED.
23 2. "UNAUTHORIZED ALIEN" MEANS AN ALIEN WHO DOES NOT HAVE THE LEGAL
24 RIGHT OR AUTHORIZATION UNDER FEDERAL LAW TO WORK IN THE UNITED STATES AS
25 DESCRIBED IN 8 UNITED STATES CODE SECTION 1324a(h)(3).
26 13-2929. Unlawful transporting, moving, concealing, harboring
27 or shielding of unlawful aliens; vehicle
28 impoundment; classification
29 A. IT IS UNLAWFUL FOR A PERSON WHO IS IN VIOLATION OF A CRIMINAL
30 OFFENSE TO:
31 1. TRANSPORT OR MOVE OR ATTEMPT TO TRANSPORT OR MOVE AN ALIEN IN THIS
32 STATE IN A MEANS OF TRANSPORTATION IF THE PERSON KNOWS OR RECKLESSLY
33 DISREGARDS THE FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE
34 UNITED STATES IN VIOLATION OF LAW.
35 2. CONCEAL, HARBOR OR SHIELD OR ATTEMPT TO CONCEAL, HARBOR OR SHIELD
36 AN ALIEN FROM DETECTION IN ANY PLACE IN THIS STATE, INCLUDING ANY BUILDING OR
37 ANY MEANS OF TRANSPORTATION, IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE
38 FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES
39 IN VIOLATION OF LAW.
40 3. ENCOURAGE OR INDUCE AN ALIEN TO COME TO OR RESIDE IN THIS STATE IF
41 THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT SUCH COMING TO,
42 ENTERING OR RESIDING IN THIS STATE IS OR WILL BE IN VIOLATION OF LAW.
43 B. A MEANS OF TRANSPORTATION THAT IS USED IN THE COMMISSION OF A
44 VIOLATION OF THIS SECTION IS SUBJECT TO MANDATORY VEHICLE IMMOBILIZATION OR
45 IMPOUNDMENT PURSUANT TO SECTION 28-3511.
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1 C. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 1
2 MISDEMEANOR AND IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND DOLLARS, EXCEPT
3 THAT A VIOLATION OF THIS SECTION THAT INVOLVES TEN OR MORE ILLEGAL ALIENS IS
4 A CLASS 6 FELONY AND THE PERSON IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND
5 DOLLARS FOR EACH ALIEN WHO IS INVOLVED.
6 Sec. 6. Section 23-212, Arizona Revised Statutes, is amended to read:
7 23-212. Knowingly employing unauthorized aliens; prohibition;
8 false and frivolous complaints; violation;
9 classification; license suspension and revocation;
10 affirmative defense
11 A. An employer shall not knowingly employ an unauthorized alien. If,
12 in the case when an employer uses a contract, subcontract or other
13 independent contractor agreement to obtain the labor of an alien in this
14 state, the employer knowingly contracts with an unauthorized alien or with a
15 person who employs or contracts with an unauthorized alien to perform the
16 labor, the employer violates this subsection.
17 B. The attorney general shall prescribe a complaint form for a person
18 to allege a violation of subsection A of this section. The complainant shall
19 not be required to list the complainant's social security number on the
20 complaint form or to have the complaint form notarized. On receipt of a
21 complaint on a prescribed complaint form that an employer allegedly knowingly
22 employs an unauthorized alien, the attorney general or county attorney shall
23 investigate whether the employer has violated subsection A of this section.
24 If a complaint is received but is not submitted on a prescribed complaint
25 form, the attorney general or county attorney may investigate whether the
26 employer has violated subsection A of this section. This subsection shall
27 not be construed to prohibit the filing of anonymous complaints that are not
28 submitted on a prescribed complaint form. The attorney general or county
29 attorney shall not investigate complaints that are based solely on race,
30 color or national origin. A complaint that is submitted to a county attorney
31 shall be submitted to the county attorney in the county in which the alleged
32 unauthorized alien is or was employed by the employer. The county sheriff or
33 any other local law enforcement agency may assist in investigating a
34 complaint. When investigating a complaint, the attorney general or county
35 attorney shall verify the work authorization of the alleged unauthorized
36 alien with the federal government pursuant to 8 United States Code section
37 1373(c). A state, county or local official shall not attempt to
38 independently make a final determination on whether an alien is authorized to
39 work in the United States. An alien's immigration status or work
40 authorization status shall be verified with the federal government pursuant
41 to 8 United States Code section 1373(c). A person who knowingly files a
42 false and frivolous complaint under this subsection is guilty of a class 3
43 misdemeanor.
S.B. 1070
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1 C. If, after an investigation, the attorney general or county attorney
2 determines that the complaint is not false and frivolous:
3 1. The attorney general or county attorney shall notify the United
4 States immigration and customs enforcement of the unauthorized alien.
5 2. The attorney general or county attorney shall notify the local law
6 enforcement agency of the unauthorized alien.
7 3. The attorney general shall notify the appropriate county attorney
8 to bring an action pursuant to subsection D of this section if the complaint
9 was originally filed with the attorney general.
10 D. An action for a violation of subsection A of this section shall be
11 brought against the employer by the county attorney in the county where the
12 unauthorized alien employee is or was employed by the employer. The county
13 attorney shall not bring an action against any employer for any violation of
14 subsection A of this section that occurs before January 1, 2008. A second
15 violation of this section shall be based only on an unauthorized alien who is
16 or was employed by the employer after an action has been brought for a
17 violation of subsection A of this section or section 23-212.01, subsection A.
18 E. For any action in superior court under this section, the court
19 shall expedite the action, including assigning the hearing at the earliest
20 practicable date.
21 F. On a finding of a violation of subsection A of this section:
22 1. For a first violation, as described in paragraph 3 of this
23 subsection, the court:
24 (a) Shall order the employer to terminate the employment of all
25 unauthorized aliens.
26 (b) Shall order the employer to be subject to a three year
27 probationary period for the business location where the unauthorized alien
28 performed work. During the probationary period the employer shall file
29 quarterly reports in the form provided in section 23-722.01 with the county
30 attorney of each new employee who is hired by the employer at the business
31 location where the unauthorized alien performed work.
32 (c) Shall order the employer to file a signed sworn affidavit with the
33 county attorney within three business days after the order is issued. The
34 affidavit shall state that the employer has terminated the employment of all
35 unauthorized aliens in this state and that the employer will not
36 intentionally or knowingly employ an unauthorized alien in this state. The
37 court shall order the appropriate agencies to suspend all licenses subject to
38 this subdivision that are held by the employer if the employer fails to file
39 a signed sworn affidavit with the county attorney within three business days
40 after the order is issued. All licenses that are suspended under this
41 subdivision shall remain suspended until the employer files a signed sworn
42 affidavit with the county attorney. Notwithstanding any other law, on filing
43 of the affidavit the suspended licenses shall be reinstated immediately by
44 the appropriate agencies. For the purposes of this subdivision, the licenses
45 that are subject to suspension under this subdivision are all licenses that
S.B. 1070
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1 are held by the employer specific to the business location where the
2 unauthorized alien performed work. If the employer does not hold a license
3 specific to the business location where the unauthorized alien performed
4 work, but a license is necessary to operate the employer's business in
5 general, the licenses that are subject to suspension under this subdivision
6 are all licenses that are held by the employer at the employer's primary
7 place of business. On receipt of the court's order and notwithstanding any
8 other law, the appropriate agencies shall suspend the licenses according to
9 the court's order. The court shall send a copy of the court's order to the
10 attorney general and the attorney general shall maintain the copy pursuant to
11 subsection G of this section.
12 (d) May order the appropriate agencies to suspend all licenses
13 described in subdivision (c) of this paragraph that are held by the employer
14 for not to exceed ten business days. The court shall base its decision to
15 suspend under this subdivision on any evidence or information submitted to it
16 during the action for a violation of this subsection and shall consider the
17 following factors, if relevant:
18 (i) The number of unauthorized aliens employed by the employer.
19 (ii) Any prior misconduct by the employer.
20 (iii) The degree of harm resulting from the violation.
21 (iv) Whether the employer made good faith efforts to comply with any
22 applicable requirements.
23 (v) The duration of the violation.
24 (vi) The role of the directors, officers or principals of the employer
25 in the violation.
26 (vii) Any other factors the court deems appropriate.
27 2. For a second violation, as described in paragraph 3 of this
28 subsection, the court shall order the appropriate agencies to permanently
29 revoke all licenses that are held by the employer specific to the business
30 location where the unauthorized alien performed work. If the employer does
31 not hold a license specific to the business location where the unauthorized
32 alien performed work, but a license is necessary to operate the employer's
33 business in general, the court shall order the appropriate agencies to
34 permanently revoke all licenses that are held by the employer at the
35 employer's primary place of business. On receipt of the order and
36 notwithstanding any other law, the appropriate agencies shall immediately
37 revoke the licenses.
38 3. The violation shall be considered:
39 (a) A first violation by an employer at a business location if the
40 violation did not occur during a probationary period ordered by the court
41 under this subsection or section 23-212.01, subsection F for that employer's
42 business location.
43 (b) A second violation by an employer at a business location if the
44 violation occurred during a probationary period ordered by the court under
S.B. 1070
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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.
S.B. 1070
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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".
Now for my comments
The intent of the law is to have state and local agencies enforce federal immigration laws already in place and to deter acts by those in the US “unlawfully,” including the illegal entry.
The bill doesn’t try to supercede any federal laws already on the books. It does tell Arizona law enforcement that the laws should now be enforced by them instead of waiting for Border Patrol and other federal agencies to act. It also spells out that local and county jurisdictions cannot pass laws superceding Arizona state law and what will happen if they do. They will be fined and it spells out where the fine money will go. It also says these laws will be enforced lawfully and not violate federal laws and/or civil rights.
What it comes down to, it says that Arizona law enforcement will now enforce the immigration laws that have been there, but never enforced by them. If you have reasonable suspicion that someone has broken the law, investigate further.
Obviously, the law targets illegal aliens which as we know will be mostly Hispanics, but there are other non-American populations where enforcement will also take place. Those I have dealt with include middle eastern and Russian decent. There are those that will conclude that it unfairly targets Hispanics. I am reminded of a case where bank robbery suspects were described as three black men in a lime green hatchback with bright green tinted windows. The surveillance video also showed three black men. When we caught them, they accused us of being racists telling us, “you wouldn’t have arrested us if we hadn’t been black.” No shit, Sherlock! There was also the fact that you were the only ones who I ever saw with bright lime green tinted windows on your lime green hatchback and when we showed six packs (photo lineups) to witnesses, they identified you, and guess what, you had evidence in your possession, and all our investigation pointed at you as the ones who committed the crime. Sounds like probable cause to me.
Having spent most of my adult life dealing with law enforcement, I professionally and personally see nothing in this law that allows any law enforcement officers to violate civil rights laws. What I do see is a state that, in today’s economy is trying to survive economically and deter crime.
Alan Fram of the Associated Press had an article discussing a survey on illegal immigration. The survey and article tells of a difference of opinion on whether illegal immigrants are a drain to society, contribute to society, blah, blah, blah. But even more telling in this article is quotes from both sides. It appears that most people have no idea what Arizona’s new law will allow and/ or require police to do. Martin Ortiz, a 37 year old American born citizen of hispanic heritage said “If I go to the convenience store for a gallon of milk, I don’t carry those kind of things,” referring to identification, “I just slap on a pair of shorts. And a police officer notices me? Why should I get detained?” This is typical of what people think the new law will create. They believe that Arizona law enforcement now can legally stop you because you look Hispanic. IT SIMPLY IS NOT TRUE! Police cannot and will not stop someone just because they are Hispanic. That is illegal. What will happen though is if Ortiz does something that requires police contact they’ll ask for identification. It may be that he witnesses a crime or let’s say he slaps on those shorts and forgets to take money with him, and decides to take the milk anyway, he will be detained for shoplifting. When the police legally contact him for whatever the reason, they will then ask him for identification. He doesn’t have any. They will detain him long enough to verify who he is and question him about his immigration status. This isn’t that difficult. Where it becomes difficult is in situations like that of Professor Gates. As you remember the police were called because someone saw two black men breaking into a house. Gates had lost his keys and was coming home from a trip. He and his taxi driver broke into Gates’ home. Nothing illegal, but the police were called and had to investigate the situation. Had Gates simply shown his identification with the address on it, all would have been cleared up. He showed a college identification which didn’t have enough information to figure out whether or not he belonged there. Police asked for proof that he lived there. How about a driver’s license or some mail with his name on it addressed to that address. Instead Gates “acted stupidly” and refused to cooperate, and subsequently was arrested for interfering with a police investigation, obstructing justice. Since I’ve quoted our President, I will do it again “Let me make this perfectly clear,” if you do something that makes police legally contact you in Arizona, you will be asked for identification and/or identifying information. The police will no doubt, verify that information on the computer system via radio transmission. If the information they get back does not satisfactorily show that you are legally in this country, the police will investigate further. How simple is that! The new law does nothing different than re-enforce laws already in place.
Let’s take a look at this Arizona Senate Bill. Arizona Governor Jan Brewer signed it into law Friday April 23rd, 2010. Since then, the whole country has gone Arizona crazy. One side says it’s the best thing a state could do since the federal government has refused to enforce laws already in place. Others say the law is a violation of civil rights and will cause police to unfairly profile Mexican Americans. They are calling for a boycott of anything Arizona. Several lawsuits are being filed. So let’s take a looksee. Shall we? It’s a seventeen page read but I posted the entire thing because I know there are a lot of people out there who make assumptions about something without actually having seen what it is they are affirming or criticizing. My comments will be after the bill. Also take the time to see the bill at http://www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdf Take note when the bill shows a change to a law, the change is in blue and capitalized throughout. The rest of that law was already in place.
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Senate Engrossed
State of Arizona
Senate
Forty-ninth Legislature
Second Regular Session
2010
SENATE BILL 1070
AN ACT
AMENDING TITLE 11, CHAPTER 7, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 8;
AMENDING TITLE 13, CHAPTER 15, ARIZONA REVISED STATUTES, BY ADDING SECTION
13-1509; AMENDING SECTION 13-2319, ARIZONA REVISED STATUTES; AMENDING TITLE
13, CHAPTER 29, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 13-2928 AND
13-2929; AMENDING SECTIONS 23-212, 23-212.01, 23-214 AND 28-3511, ARIZONA
REVISED STATUTES; AMENDING TITLE 41, CHAPTER 12, ARTICLE 2, ARIZONA REVISED
STATUTES, BY ADDING SECTION 41-1724; RELATING TO UNLAWFULLY PRESENT ALIENS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
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1 Be it enacted by the Legislature of the State of Arizona:
2 Section 1. Intent
3 The legislature finds that there is a compelling interest in the
4 cooperative enforcement of federal immigration laws throughout all of
5 Arizona. The legislature declares that the intent of this act is to make
6 attrition through enforcement the public policy of all state and local
7 government agencies in Arizona. The provisions of this act are intended to
8 work together to discourage and deter the unlawful entry and presence of
9 aliens and economic activity by persons unlawfully present in the United
10 States.
11 Sec. 2. Title 11, chapter 7, Arizona Revised Statutes, is amended by
12 adding article 8, to read:
13 ARTICLE 8. ENFORCEMENT OF IMMIGRATION LAWS
14 11-1051. Cooperation and assistance in enforcement of
15 immigration laws; indemnification
16 A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR
17 OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR
18 RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
19 EXTENT PERMITTED BY FEDERAL LAW.
20 B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY
21 OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS
22 STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS
23 UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE,
24 WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE
25 PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT
26 PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
27 C. IF AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IS
28 CONVICTED OF A VIOLATION OF STATE OR LOCAL LAW, ON DISCHARGE FROM
29 IMPRISONMENT OR ASSESSMENT OF ANY FINE THAT IS IMPOSED, THE ALIEN SHALL BE
30 TRANSFERRED IMMEDIATELY TO THE CUSTODY OF THE UNITED STATES IMMIGRATION AND
31 CUSTOMS ENFORCEMENT OR THE UNITED STATES CUSTOMS AND BORDER PROTECTION.
32 D. NOTWITHSTANDING ANY OTHER LAW, A LAW ENFORCEMENT AGENCY MAY
33 SECURELY TRANSPORT AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES
34 AND WHO IS IN THE AGENCY'S CUSTODY TO A FEDERAL FACILITY IN THIS STATE OR TO
35 ANY OTHER POINT OF TRANSFER INTO FEDERAL CUSTODY THAT IS OUTSIDE THE
36 JURISDICTION OF THE LAW ENFORCEMENT AGENCY.
37 E. A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON
38 IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED
39 ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES.
40 F. EXCEPT AS PROVIDED IN FEDERAL LAW, OFFICIALS OR AGENCIES OF THIS
41 STATE AND COUNTIES, CITIES, TOWNS AND OTHER POLITICAL SUBDIVISIONS OF THIS
42 STATE MAY NOT BE PROHIBITED OR IN ANY WAY BE RESTRICTED FROM SENDING,
43 RECEIVING OR MAINTAINING INFORMATION RELATING TO THE IMMIGRATION STATUS OF
44 ANY INDIVIDUAL OR EXCHANGING THAT INFORMATION WITH ANY OTHER FEDERAL, STATE
45 OR LOCAL GOVERNMENTAL ENTITY FOR THE FOLLOWING OFFICIAL PURPOSES:
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1 1. DETERMINING ELIGIBILITY FOR ANY PUBLIC BENEFIT, SERVICE OR LICENSE
2 PROVIDED BY ANY FEDERAL, STATE, LOCAL OR OTHER POLITICAL SUBDIVISION OF THIS
3 STATE.
4 2. VERIFYING ANY CLAIM OF RESIDENCE OR DOMICILE IF DETERMINATION OF
5 RESIDENCE OR DOMICILE IS REQUIRED UNDER THE LAWS OF THIS STATE OR A JUDICIAL
6 ORDER ISSUED PURSUANT TO A CIVIL OR CRIMINAL PROCEEDING IN THIS STATE.
7 3. CONFIRMING THE IDENTITY OF ANY PERSON WHO IS DETAINED.
8 4. IF THE PERSON IS AN ALIEN, DETERMINING WHETHER THE PERSON IS IN
9 COMPLIANCE WITH THE FEDERAL REGISTRATION LAWS PRESCRIBED BY TITLE II, CHAPTER
10 7 OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT.
11 G. A PERSON MAY BRING AN ACTION IN SUPERIOR COURT TO CHALLENGE ANY
12 OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL
13 SUBDIVISION OF THIS STATE THAT ADOPTS OR IMPLEMENTS A POLICY THAT LIMITS OR
14 RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
15 EXTENT PERMITTED BY FEDERAL LAW. IF THERE IS A JUDICIAL FINDING THAT AN
16 ENTITY HAS VIOLATED THIS SECTION, THE COURT SHALL ORDER ANY OF THE FOLLOWING:
17 1. THAT THE PERSON WHO BROUGHT THE ACTION RECOVER COURT COSTS AND
18 ATTORNEY FEES.
19 2. THAT THE ENTITY PAY A CIVIL PENALTY OF NOT LESS THAN ONE THOUSAND
20 DOLLARS AND NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH DAY THAT THE POLICY
21 HAS REMAINED IN EFFECT AFTER THE FILING OF AN ACTION PURSUANT TO THIS
22 SUBSECTION.
23 H. A COURT SHALL COLLECT THE CIVIL PENALTY PRESCRIBED IN SUBSECTION G
24 AND REMIT THE CIVIL PENALTY TO THE DEPARTMENT OF PUBLIC SAFETY FOR DEPOSIT IN
25 THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND
26 ESTABLISHED BY SECTION 41-1724.
27 I. A LAW ENFORCEMENT OFFICER IS INDEMNIFIED BY THE LAW ENFORCEMENT
28 OFFICER'S AGENCY AGAINST REASONABLE COSTS AND EXPENSES, INCLUDING ATTORNEY
29 FEES, INCURRED BY THE OFFICER IN CONNECTION WITH ANY ACTION, SUIT OR
30 PROCEEDING BROUGHT PURSUANT TO THIS SECTION TO WHICH THE OFFICER MAY BE A
31 PARTY BY REASON OF THE OFFICER BEING OR HAVING BEEN A MEMBER OF THE LAW
32 ENFORCEMENT AGENCY, EXCEPT IN RELATION TO MATTERS IN WHICH THE OFFICER IS
33 ADJUDGED TO HAVE ACTED IN BAD FAITH.
34 J. THIS SECTION SHALL BE IMPLEMENTED IN A MANNER CONSISTENT WITH
35 FEDERAL LAWS REGULATING IMMIGRATION, PROTECTING THE CIVIL RIGHTS OF ALL
36 PERSONS AND RESPECTING THE PRIVILEGES AND IMMUNITIES OF UNITED STATES
37 CITIZENS.
38 Sec. 3. Title 13, chapter 15, Arizona Revised Statutes, is amended by
39 adding section 13-1509, to read:
40 13-1509. Trespassing by illegal aliens; assessment; exception;
41 classification
42 A. IN ADDITION TO ANY VIOLATION OF FEDERAL LAW, A PERSON IS GUILTY OF
43 TRESPASSING IF THE PERSON IS BOTH:
44 1. PRESENT ON ANY PUBLIC OR PRIVATE LAND IN THIS STATE.
45 2. IN VIOLATION OF 8 UNITED STATES CODE SECTION 1304(e) OR 1306(a).
S.B. 1070
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1 B. IN THE ENFORCEMENT OF THIS SECTION, THE FINAL DETERMINATION OF AN
2 ALIEN'S IMMIGRATION STATUS SHALL BE DETERMINED BY EITHER:
3 1. A LAW ENFORCEMENT OFFICER WHO IS AUTHORIZED BY THE FEDERAL
4 GOVERNMENT TO VERIFY OR ASCERTAIN AN ALIEN'S IMMIGRATION STATUS.
5 2. A LAW ENFORCEMENT OFFICER OR AGENCY COMMUNICATING WITH THE UNITED
6 STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED STATES BORDER
7 PROTECTION PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
8 C. A PERSON WHO IS SENTENCED PURSUANT TO THIS SECTION IS NOT ELIGIBLE
9 FOR SUSPENSION OR COMMUTATION OF SENTENCE OR RELEASE ON ANY BASIS UNTIL THE
10 SENTENCE IMPOSED IS SERVED.
11 D. IN ADDITION TO ANY OTHER PENALTY PRESCRIBED BY LAW, THE COURT SHALL
12 ORDER THE PERSON TO PAY JAIL COSTS AND AN ADDITIONAL ASSESSMENT IN THE
13 FOLLOWING AMOUNTS:
14 1. AT LEAST FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION.
15 2. TWICE THE AMOUNT SPECIFIED IN PARAGRAPH 1 OF THIS SUBSECTION IF THE
16 PERSON WAS PREVIOUSLY SUBJECT TO AN ASSESSMENT PURSUANT TO THIS SUBSECTION.
17 E. A COURT SHALL COLLECT THE ASSESSMENTS PRESCRIBED IN SUBSECTION D OF
18 THIS SECTION AND REMIT THE ASSESSMENTS TO THE DEPARTMENT OF PUBLIC SAFETY,
19 WHICH SHALL ESTABLISH A SPECIAL SUBACCOUNT FOR THE MONIES IN THE ACCOUNT
20 ESTABLISHED FOR THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT
21 MISSION APPROPRIATION. MONIES IN THE SPECIAL SUBACCOUNT ARE SUBJECT TO
22 LEGISLATIVE APPROPRIATION FOR DISTRIBUTION FOR GANG AND IMMIGRATION
23 ENFORCEMENT AND FOR COUNTY JAIL REIMBURSEMENT COSTS RELATING TO ILLEGAL
24 IMMIGRATION.
25 F. THIS SECTION DOES NOT APPLY TO A PERSON WHO MAINTAINS AUTHORIZATION
26 FROM THE FEDERAL GOVERNMENT TO REMAIN IN THE UNITED STATES.
27 G. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR, EXCEPT THAT A
28 VIOLATION OF THIS SECTION IS:
29 1. A CLASS 3 FELONY IF THE PERSON VIOLATES THIS SECTION WHILE IN
30 POSSESSION OF ANY OF THE FOLLOWING:
31 (a) A DANGEROUS DRUG AS DEFINED IN SECTION 13-3401.
32 (b) PRECURSOR CHEMICALS THAT ARE USED IN THE MANUFACTURING OF
33 METHAMPHETAMINE IN VIOLATION OF SECTION 13-3404.01.
34 (c) A DEADLY WEAPON OR A DANGEROUS INSTRUMENT, AS DEFINED IN SECTION
35 13-105.
36 (d) PROPERTY THAT IS USED FOR THE PURPOSE OF COMMITTING AN ACT OF
37 TERRORISM AS PRESCRIBED IN SECTION 13-2308.01.
38 2. A CLASS 4 FELONY IF THE PERSON EITHER:
39 (a) IS CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF THIS SECTION.
40 (b) WITHIN SIXTY MONTHS BEFORE THE VIOLATION, HAS BEEN REMOVED FROM
41 THE UNITED STATES PURSUANT TO 8 UNITED STATES CODE SECTION 1229a OR HAS
42 ACCEPTED A VOLUNTARY REMOVAL FROM THE UNITED STATES PURSUANT TO 8 UNITED
43 STATES CODE SECTION 1229c.
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1 Sec. 4. Section 13-2319, Arizona Revised Statutes, is amended to read:
2 13-2319. Smuggling; classification; definitions
3 A. It is unlawful for a person to intentionally engage in the
4 smuggling of human beings for profit or commercial purpose.
5 B. A violation of this section is a class 4 felony.
6 C. Notwithstanding subsection B of this section, a violation of this
7 section:
8 1. Is a class 2 felony if the human being who is smuggled is under
9 eighteen years of age and is not accompanied by a family member over eighteen
10 years of age or the offense involved the use of a deadly weapon or dangerous
11 instrument.
12 2. Is a class 3 felony if the offense involves the use or threatened
13 use of deadly physical force and the person is not eligible for suspension of
14 sentence, probation, pardon or release from confinement on any other basis
15 except pursuant to section 31-233, subsection A or B until the sentence
16 imposed by the court is served, the person is eligible for release pursuant
17 to section 41-1604.07 or the sentence is commuted.
18 D. Chapter 10 of this title does not apply to a violation of
19 subsection C, paragraph 1 of this section.
20 E. NOTWITHSTANDING ANY OTHER LAW, A PEACE OFFICER MAY LAWFULLY STOP
21 ANY PERSON WHO IS OPERATING A MOTOR VEHICLE IF THE OFFICER HAS REASONABLE
22 SUSPICION TO BELIEVE THE PERSON IS IN VIOLATION OF ANY CIVIL TRAFFIC LAW AND
23 THIS SECTION.
24 E. F. For the purposes of this section:
25 1. "Family member" means the person's parent, grandparent, sibling or
26 any other person who is related to the person by consanguinity or affinity to
27 the second degree.
28 2. "Procurement of transportation" means any participation in or
29 facilitation of transportation and includes:
30 (a) Providing services that facilitate transportation including travel
31 arrangement services or money transmission services.
32 (b) Providing property that facilitates transportation, including a
33 weapon, a vehicle or other means of transportation or false identification,
34 or selling, leasing, renting or otherwise making available a drop house as
35 defined in section 13-2322.
36 3. "Smuggling of human beings" means the transportation, procurement
37 of transportation or use of property or real property by a person or an
38 entity that knows or has reason to know that the person or persons
39 transported or to be transported are not United States citizens, permanent
40 resident aliens or persons otherwise lawfully in this state or have attempted
41 to enter, entered or remained in the United States in violation of law.
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1 Sec. 5. Title 13, chapter 29, Arizona Revised Statutes, is amended by
2 adding sections 13-2928 and 13-2929, to read:
3 13-2928. Unlawful stopping to hire and pick up passengers for
4 work; unlawful application, solicitation or
5 employment; classification; definitions
6 A. IT IS UNLAWFUL FOR AN OCCUPANT OF A MOTOR VEHICLE THAT IS STOPPED
7 ON A STREET, ROADWAY OR HIGHWAY TO ATTEMPT TO HIRE OR HIRE AND PICK UP
8 PASSENGERS FOR WORK AT A DIFFERENT LOCATION IF THE MOTOR VEHICLE BLOCKS OR
9 IMPEDES THE NORMAL MOVEMENT OF TRAFFIC.
10 B. IT IS UNLAWFUL FOR A PERSON TO ENTER A MOTOR VEHICLE THAT IS
11 STOPPED ON A STREET, ROADWAY OR HIGHWAY IN ORDER TO BE HIRED BY AN OCCUPANT
12 OF THE MOTOR VEHICLE AND TO BE TRANSPORTED TO WORK AT A DIFFERENT LOCATION IF
13 THE MOTOR VEHICLE BLOCKS OR IMPEDES THE NORMAL MOVEMENT OF TRAFFIC.
14 C. IT IS UNLAWFUL FOR A PERSON WHO IS UNLAWFULLY PRESENT IN THE UNITED
15 STATES AND WHO IS AN UNAUTHORIZED ALIEN TO KNOWINGLY APPLY FOR WORK, SOLICIT
16 WORK IN A PUBLIC PLACE OR PERFORM WORK AS AN EMPLOYEE OR INDEPENDENT
17 CONTRACTOR IN THIS STATE.
18 D. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR.
19 E. FOR THE PURPOSES OF THIS SECTION:
20 1. "SOLICIT" MEANS VERBAL OR NONVERBAL COMMUNICATION BY A GESTURE OR A
21 NOD THAT WOULD INDICATE TO A REASONABLE PERSON THAT A PERSON IS WILLING TO BE
22 EMPLOYED.
23 2. "UNAUTHORIZED ALIEN" MEANS AN ALIEN WHO DOES NOT HAVE THE LEGAL
24 RIGHT OR AUTHORIZATION UNDER FEDERAL LAW TO WORK IN THE UNITED STATES AS
25 DESCRIBED IN 8 UNITED STATES CODE SECTION 1324a(h)(3).
26 13-2929. Unlawful transporting, moving, concealing, harboring
27 or shielding of unlawful aliens; vehicle
28 impoundment; classification
29 A. IT IS UNLAWFUL FOR A PERSON WHO IS IN VIOLATION OF A CRIMINAL
30 OFFENSE TO:
31 1. TRANSPORT OR MOVE OR ATTEMPT TO TRANSPORT OR MOVE AN ALIEN IN THIS
32 STATE IN A MEANS OF TRANSPORTATION IF THE PERSON KNOWS OR RECKLESSLY
33 DISREGARDS THE FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE
34 UNITED STATES IN VIOLATION OF LAW.
35 2. CONCEAL, HARBOR OR SHIELD OR ATTEMPT TO CONCEAL, HARBOR OR SHIELD
36 AN ALIEN FROM DETECTION IN ANY PLACE IN THIS STATE, INCLUDING ANY BUILDING OR
37 ANY MEANS OF TRANSPORTATION, IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE
38 FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES
39 IN VIOLATION OF LAW.
40 3. ENCOURAGE OR INDUCE AN ALIEN TO COME TO OR RESIDE IN THIS STATE IF
41 THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT SUCH COMING TO,
42 ENTERING OR RESIDING IN THIS STATE IS OR WILL BE IN VIOLATION OF LAW.
43 B. A MEANS OF TRANSPORTATION THAT IS USED IN THE COMMISSION OF A
44 VIOLATION OF THIS SECTION IS SUBJECT TO MANDATORY VEHICLE IMMOBILIZATION OR
45 IMPOUNDMENT PURSUANT TO SECTION 28-3511.
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1 C. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 1
2 MISDEMEANOR AND IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND DOLLARS, EXCEPT
3 THAT A VIOLATION OF THIS SECTION THAT INVOLVES TEN OR MORE ILLEGAL ALIENS IS
4 A CLASS 6 FELONY AND THE PERSON IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND
5 DOLLARS FOR EACH ALIEN WHO IS INVOLVED.
6 Sec. 6. Section 23-212, Arizona Revised Statutes, is amended to read:
7 23-212. Knowingly employing unauthorized aliens; prohibition;
8 false and frivolous complaints; violation;
9 classification; license suspension and revocation;
10 affirmative defense
11 A. An employer shall not knowingly employ an unauthorized alien. If,
12 in the case when an employer uses a contract, subcontract or other
13 independent contractor agreement to obtain the labor of an alien in this
14 state, the employer knowingly contracts with an unauthorized alien or with a
15 person who employs or contracts with an unauthorized alien to perform the
16 labor, the employer violates this subsection.
17 B. The attorney general shall prescribe a complaint form for a person
18 to allege a violation of subsection A of this section. The complainant shall
19 not be required to list the complainant's social security number on the
20 complaint form or to have the complaint form notarized. On receipt of a
21 complaint on a prescribed complaint form that an employer allegedly knowingly
22 employs an unauthorized alien, the attorney general or county attorney shall
23 investigate whether the employer has violated subsection A of this section.
24 If a complaint is received but is not submitted on a prescribed complaint
25 form, the attorney general or county attorney may investigate whether the
26 employer has violated subsection A of this section. This subsection shall
27 not be construed to prohibit the filing of anonymous complaints that are not
28 submitted on a prescribed complaint form. The attorney general or county
29 attorney shall not investigate complaints that are based solely on race,
30 color or national origin. A complaint that is submitted to a county attorney
31 shall be submitted to the county attorney in the county in which the alleged
32 unauthorized alien is or was employed by the employer. The county sheriff or
33 any other local law enforcement agency may assist in investigating a
34 complaint. When investigating a complaint, the attorney general or county
35 attorney shall verify the work authorization of the alleged unauthorized
36 alien with the federal government pursuant to 8 United States Code section
37 1373(c). A state, county or local official shall not attempt to
38 independently make a final determination on whether an alien is authorized to
39 work in the United States. An alien's immigration status or work
40 authorization status shall be verified with the federal government pursuant
41 to 8 United States Code section 1373(c). A person who knowingly files a
42 false and frivolous complaint under this subsection is guilty of a class 3
43 misdemeanor.
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1 C. If, after an investigation, the attorney general or county attorney
2 determines that the complaint is not false and frivolous:
3 1. The attorney general or county attorney shall notify the United
4 States immigration and customs enforcement of the unauthorized alien.
5 2. The attorney general or county attorney shall notify the local law
6 enforcement agency of the unauthorized alien.
7 3. The attorney general shall notify the appropriate county attorney
8 to bring an action pursuant to subsection D of this section if the complaint
9 was originally filed with the attorney general.
10 D. An action for a violation of subsection A of this section shall be
11 brought against the employer by the county attorney in the county where the
12 unauthorized alien employee is or was employed by the employer. The county
13 attorney shall not bring an action against any employer for any violation of
14 subsection A of this section that occurs before January 1, 2008. A second
15 violation of this section shall be based only on an unauthorized alien who is
16 or was employed by the employer after an action has been brought for a
17 violation of subsection A of this section or section 23-212.01, subsection A.
18 E. For any action in superior court under this section, the court
19 shall expedite the action, including assigning the hearing at the earliest
20 practicable date.
21 F. On a finding of a violation of subsection A of this section:
22 1. For a first violation, as described in paragraph 3 of this
23 subsection, the court:
24 (a) Shall order the employer to terminate the employment of all
25 unauthorized aliens.
26 (b) Shall order the employer to be subject to a three year
27 probationary period for the business location where the unauthorized alien
28 performed work. During the probationary period the employer shall file
29 quarterly reports in the form provided in section 23-722.01 with the county
30 attorney of each new employee who is hired by the employer at the business
31 location where the unauthorized alien performed work.
32 (c) Shall order the employer to file a signed sworn affidavit with the
33 county attorney within three business days after the order is issued. The
34 affidavit shall state that the employer has terminated the employment of all
35 unauthorized aliens in this state and that the employer will not
36 intentionally or knowingly employ an unauthorized alien in this state. The
37 court shall order the appropriate agencies to suspend all licenses subject to
38 this subdivision that are held by the employer if the employer fails to file
39 a signed sworn affidavit with the county attorney within three business days
40 after the order is issued. All licenses that are suspended under this
41 subdivision shall remain suspended until the employer files a signed sworn
42 affidavit with the county attorney. Notwithstanding any other law, on filing
43 of the affidavit the suspended licenses shall be reinstated immediately by
44 the appropriate agencies. For the purposes of this subdivision, the licenses
45 that are subject to suspension under this subdivision are all licenses that
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1 are held by the employer specific to the business location where the
2 unauthorized alien performed work. If the employer does not hold a license
3 specific to the business location where the unauthorized alien performed
4 work, but a license is necessary to operate the employer's business in
5 general, the licenses that are subject to suspension under this subdivision
6 are all licenses that are held by the employer at the employer's primary
7 place of business. On receipt of the court's order and notwithstanding any
8 other law, the appropriate agencies shall suspend the licenses according to
9 the court's order. The court shall send a copy of the court's order to the
10 attorney general and the attorney general shall maintain the copy pursuant to
11 subsection G of this section.
12 (d) May order the appropriate agencies to suspend all licenses
13 described in subdivision (c) of this paragraph that are held by the employer
14 for not to exceed ten business days. The court shall base its decision to
15 suspend under this subdivision on any evidence or information submitted to it
16 during the action for a violation of this subsection and shall consider the
17 following factors, if relevant:
18 (i) The number of unauthorized aliens employed by the employer.
19 (ii) Any prior misconduct by the employer.
20 (iii) The degree of harm resulting from the violation.
21 (iv) Whether the employer made good faith efforts to comply with any
22 applicable requirements.
23 (v) The duration of the violation.
24 (vi) The role of the directors, officers or principals of the employer
25 in the violation.
26 (vii) Any other factors the court deems appropriate.
27 2. For a second violation, as described in paragraph 3 of this
28 subsection, the court shall order the appropriate agencies to permanently
29 revoke all licenses that are held by the employer specific to the business
30 location where the unauthorized alien performed work. If the employer does
31 not hold a license specific to the business location where the unauthorized
32 alien performed work, but a license is necessary to operate the employer's
33 business in general, the court shall order the appropriate agencies to
34 permanently revoke all licenses that are held by the employer at the
35 employer's primary place of business. On receipt of the order and
36 notwithstanding any other law, the appropriate agencies shall immediately
37 revoke the licenses.
38 3. The violation shall be considered:
39 (a) A first violation by an employer at a business location if the
40 violation did not occur during a probationary period ordered by the court
41 under this subsection or section 23-212.01, subsection F for that employer's
42 business location.
43 (b) A second violation by an employer at a business location if the
44 violation occurred during a probationary period ordered by the court under
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1 this subsection or section 23-212.01, subsection F for that employer's
2 business location.
3 G. The attorney general shall maintain copies of court orders that are
4 received pursuant to subsection F of this section and shall maintain a
5 database of the employers and business locations that have a first violation
6 of subsection A of this section and make the court orders available on the
7 attorney general's website.
8 H. On determining whether an employee is an unauthorized alien, the
9 court shall consider only the federal government's determination pursuant to
10 8 United States Code section 1373(c). The federal government's determination
11 creates a rebuttable presumption of the employee's lawful status. The court
12 may take judicial notice of the federal government's determination and may
13 request the federal government to provide automated or testimonial
14 verification pursuant to 8 United States Code section 1373(c).
15 I. For the purposes of this section, proof of verifying the employment
16 authorization of an employee through the e-verify program creates a
17 rebuttable presumption that an employer did not knowingly employ an
18 unauthorized alien.
19 J. For the purposes of this section, an employer that establishes that
20 it has complied in good faith with the requirements of 8 United States Code
21 section 1324a(b) establishes an affirmative defense that the employer did not
22 knowingly employ an unauthorized alien. An employer is considered to have
23 complied with the requirements of 8 United States Code section 1324a(b),
24 notwithstanding an isolated, sporadic or accidental technical or procedural
25 failure to meet the requirements, if there is a good faith attempt to comply
26 with the requirements.
27 K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS
28 SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE EMPLOYER
29 MUST ADMIT BY THE EMPLOYER'S TESTIMONY OR OTHER EVIDENCE THE SUBSTANTIAL
30 ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN ENTRAPMENT DEFENSE HAS
31 THE BURDEN OF PROVING THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE:
32 1. THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT
33 OFFICERS OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER.
34 2. THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE
35 EMPLOYER TO COMMIT THE VIOLATION.
36 3. THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE
37 LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE EMPLOYER TO
38 COMMIT THE VIOLATION.
39 L. AN EMPLOYER DOES NOT ESTABLISH ENTRAPMENT IF THE EMPLOYER WAS
40 PREDISPOSED TO VIOLATE SUBSECTION A OF THIS SECTION AND THE LAW ENFORCEMENT
41 OFFICERS OR THEIR AGENTS MERELY PROVIDED THE EMPLOYER WITH AN OPPORTUNITY TO
42 COMMIT THE VIOLATION. IT IS NOT ENTRAPMENT FOR LAW ENFORCEMENT OFFICERS OR
43 THEIR AGENTS MERELY TO USE A RUSE OR TO CONCEAL THEIR IDENTITY. THE CONDUCT
44 OF LAW ENFORCEMENT OFFICERS AND THEIR AGENTS MAY BE CONSIDERED IN DETERMINING
45 IF AN EMPLOYER HAS PROVEN ENTRAPMENT.
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1 Sec. 7. Section 23-212.01, Arizona Revised Statutes, is amended to
2 read:
3 23-212.01. Intentionally employing unauthorized aliens;
4 prohibition; false and frivolous complaints;
5 violation; classification; license suspension and
6 revocation; affirmative defense
7 A. An employer shall not intentionally employ an unauthorized alien.
8 If, in the case when an employer uses a contract, subcontract or other
9 independent contractor agreement to obtain the labor of an alien in this
10 state, the employer intentionally contracts with an unauthorized alien or
11 with a person who employs or contracts with an unauthorized alien to perform
12 the labor, the employer violates this subsection.
13 B. The attorney general shall prescribe a complaint form for a person
14 to allege a violation of subsection A of this section. The complainant shall
15 not be required to list the complainant's social security number on the
16 complaint form or to have the complaint form notarized. On receipt of a
17 complaint on a prescribed complaint form that an employer allegedly
18 intentionally employs an unauthorized alien, the attorney general or county
19 attorney shall investigate whether the employer has violated subsection A of
20 this section. If a complaint is received but is not submitted on a
21 prescribed complaint form, the attorney general or county attorney may
22 investigate whether the employer has violated subsection A of this section.
23 This subsection shall not be construed to prohibit the filing of anonymous
24 complaints that are not submitted on a prescribed complaint form. The
25 attorney general or county attorney shall not investigate complaints that are
26 based solely on race, color or national origin. A complaint that is
27 submitted to a county attorney shall be submitted to the county attorney in
28 the county in which the alleged unauthorized alien is or was employed by the
29 employer. The county sheriff or any other local law enforcement agency may
30 assist in investigating a complaint. When investigating a complaint, the
31 attorney general or county attorney shall verify the work authorization of
32 the alleged unauthorized alien with the federal government pursuant to
33 8 United States Code section 1373(c). A state, county or local official
34 shall not attempt to independently make a final determination on whether an
35 alien is authorized to work in the United States. An alien's immigration
36 status or work authorization status shall be verified with the federal
37 government pursuant to 8 United States Code section 1373(c). A person who
38 knowingly files a false and frivolous complaint under this subsection is
39 guilty of a class 3 misdemeanor.
40 C. If, after an investigation, the attorney general or county attorney
41 determines that the complaint is not false and frivolous:
42 1. The attorney general or county attorney shall notify the United
43 States immigration and customs enforcement of the unauthorized alien.
44 2. The attorney general or county attorney shall notify the local law
45 enforcement agency of the unauthorized alien.
S.B. 1070
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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
S.B. 1070
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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.
S.B. 1070
- 15 -
1 B. A peace officer shall cause the removal and impoundment of a
2 vehicle if the peace officer determines that a person is driving the vehicle
3 and if all of the following apply:
4 1. The person's driving privilege is canceled, suspended or revoked
5 for any reason or the person has not ever been issued a driver license or
6 permit by this state and the person does not produce evidence of ever having
7 a driver license or permit issued by another jurisdiction.
8 2. The person is not in compliance with the financial responsibility
9 requirements of chapter 9, article 4 of this title.
10 3. The person is driving a vehicle that is involved in an accident
11 that results in either property damage or injury to or death of another
12 person.
13 C. Except as provided in subsection D of this section, while a peace
14 officer has control of the vehicle the peace officer shall cause the removal
15 and either immobilization or impoundment of the vehicle if the peace officer
16 has probable cause to arrest the driver of the vehicle for a violation of
17 section 4-244, paragraph 34 or section 28-1382 or 28-1383.
18 D. A peace officer shall not cause the removal and either the
19 immobilization or impoundment of a vehicle pursuant to subsection C of this
20 section if all of the following apply:
21 1. The peace officer determines that the vehicle is currently
22 registered and that the driver or the vehicle is in compliance with the
23 financial responsibility requirements of chapter 9, article 4 of this title.
24 2. The spouse of the driver is with the driver at the time of the
25 arrest.
26 3. The peace officer has reasonable grounds to believe that the spouse
27 of the driver:
28 (a) Has a valid driver license.
29 (b) Is not impaired by intoxicating liquor, any drug, a vapor
30 releasing substance containing a toxic substance or any combination of
31 liquor, drugs or vapor releasing substances.
32 (c) Does not have any spirituous liquor in the spouse's body if the
33 spouse is under twenty-one years of age.
34 4. The spouse notifies the peace officer that the spouse will drive
35 the vehicle from the place of arrest to the driver's home or other place of
36 safety.
37 5. The spouse drives the vehicle as prescribed by paragraph 4 of this
38 subsection.
39 E. Except as otherwise provided in this article, a vehicle that is
40 removed and either immobilized or impounded pursuant to subsection A, B or C
41 of this section shall be immobilized or impounded for thirty days. An
42 insurance company does not have a duty to pay any benefits for charges or
43 fees for immobilization or impoundment.
44 F. The owner of a vehicle that is removed and either immobilized or
45 impounded pursuant to subsection A, B or C of this section, the spouse of the
S.B. 1070
- 16 -
1 owner and each person identified on the department's record with an interest
2 in the vehicle shall be provided with an opportunity for an immobilization or
3 poststorage hearing pursuant to section 28-3514.
4 Sec. 10. Title 41, chapter 12, article 2, Arizona Revised Statutes, is
5 amended by adding section 41-1724, to read:
6 41-1724. Gang and immigration intelligence team enforcement
7 mission fund
8 THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND IS
9 ESTABLISHED CONSISTING OF MONIES DEPOSITED PURSUANT TO SECTION 11-1051 AND
10 MONIES APPROPRIATED BY THE LEGISLATURE. THE DEPARTMENT SHALL ADMINISTER THE
11 FUND. MONIES IN THE FUND ARE SUBJECT TO LEGISLATIVE APPROPRIATION AND SHALL
12 BE USED FOR GANG AND IMMIGRATION ENFORCEMENT AND FOR COUNTY JAIL
13 REIMBURSEMENT COSTS RELATING TO ILLEGAL IMMIGRATION.
14 Sec. 11. Severability, implementation and construction
15 A. If a provision of this act or its application to any person or
16 circumstance is held invalid, the invalidity does not affect other provisions
17 or applications of the act that can be given effect without the invalid
18 provision or application, and to this end the provisions of this act are
19 severable.
20 B. The terms of this act regarding immigration shall be construed to
21 have the meanings given to them under federal immigration law.
22 C. This act shall be implemented in a manner consistent with federal
23 laws regulating immigration, protecting the civil rights of all persons and
24 respecting the privileges and immunities of United States citizens.
25 Sec. 12. Short title
26 This act may be cited as the "Support Our Law Enforcement and Safe
27 Neighborhoods Act".
Now for my comments
The intent of the law is to have state and local agencies enforce federal immigration laws already in place and to deter acts by those in the US “unlawfully,” including the illegal entry.
The bill doesn’t try to supercede any federal laws already on the books. It does tell Arizona law enforcement that the laws should now be enforced by them instead of waiting for Border Patrol and other federal agencies to act. It also spells out that local and county jurisdictions cannot pass laws superceding Arizona state law and what will happen if they do. They will be fined and it spells out where the fine money will go. It also says these laws will be enforced lawfully and not violate federal laws and/or civil rights.
What it comes down to, it says that Arizona law enforcement will now enforce the immigration laws that have been there, but never enforced by them. If you have reasonable suspicion that someone has broken the law, investigate further.
Obviously, the law targets illegal aliens which as we know will be mostly Hispanics, but there are other non-American populations where enforcement will also take place. Those I have dealt with include middle eastern and Russian decent. There are those that will conclude that it unfairly targets Hispanics. I am reminded of a case where bank robbery suspects were described as three black men in a lime green hatchback with bright green tinted windows. The surveillance video also showed three black men. When we caught them, they accused us of being racists telling us, “you wouldn’t have arrested us if we hadn’t been black.” No shit, Sherlock! There was also the fact that you were the only ones who I ever saw with bright lime green tinted windows on your lime green hatchback and when we showed six packs (photo lineups) to witnesses, they identified you, and guess what, you had evidence in your possession, and all our investigation pointed at you as the ones who committed the crime. Sounds like probable cause to me.
Having spent most of my adult life dealing with law enforcement, I professionally and personally see nothing in this law that allows any law enforcement officers to violate civil rights laws. What I do see is a state that, in today’s economy is trying to survive economically and deter crime.
Alan Fram of the Associated Press had an article discussing a survey on illegal immigration. The survey and article tells of a difference of opinion on whether illegal immigrants are a drain to society, contribute to society, blah, blah, blah. But even more telling in this article is quotes from both sides. It appears that most people have no idea what Arizona’s new law will allow and/ or require police to do. Martin Ortiz, a 37 year old American born citizen of hispanic heritage said “If I go to the convenience store for a gallon of milk, I don’t carry those kind of things,” referring to identification, “I just slap on a pair of shorts. And a police officer notices me? Why should I get detained?” This is typical of what people think the new law will create. They believe that Arizona law enforcement now can legally stop you because you look Hispanic. IT SIMPLY IS NOT TRUE! Police cannot and will not stop someone just because they are Hispanic. That is illegal. What will happen though is if Ortiz does something that requires police contact they’ll ask for identification. It may be that he witnesses a crime or let’s say he slaps on those shorts and forgets to take money with him, and decides to take the milk anyway, he will be detained for shoplifting. When the police legally contact him for whatever the reason, they will then ask him for identification. He doesn’t have any. They will detain him long enough to verify who he is and question him about his immigration status. This isn’t that difficult. Where it becomes difficult is in situations like that of Professor Gates. As you remember the police were called because someone saw two black men breaking into a house. Gates had lost his keys and was coming home from a trip. He and his taxi driver broke into Gates’ home. Nothing illegal, but the police were called and had to investigate the situation. Had Gates simply shown his identification with the address on it, all would have been cleared up. He showed a college identification which didn’t have enough information to figure out whether or not he belonged there. Police asked for proof that he lived there. How about a driver’s license or some mail with his name on it addressed to that address. Instead Gates “acted stupidly” and refused to cooperate, and subsequently was arrested for interfering with a police investigation, obstructing justice. Since I’ve quoted our President, I will do it again “Let me make this perfectly clear,” if you do something that makes police legally contact you in Arizona, you will be asked for identification and/or identifying information. The police will no doubt, verify that information on the computer system via radio transmission. If the information they get back does not satisfactorily show that you are legally in this country, the police will investigate further. How simple is that! The new law does nothing different than re-enforce laws already in place.
Tuesday, March 09, 2010
Census Cents Makes No Sense
As many of you know, I am retired. The last 20 years of my working life was in law enforcement. I remember in late 1999 and early 2000, we were sent briefing items talking about the census.
We were told that if we got any calls about the census, we should know what’s going on. We learned that there was a census every decade. You’d be surprised at how many young cops didn’t know that. Of course, most were living with parents during the last census, so this was something new for them. Now we learned that the law says that everyone is required to respond to the census. So, if anyone asks us we’ll know. As the time got closer we received more briefing items.
Then it arrived. It was amazing to me how many calls our dispatch center received. Some asking about the census and what was required by law. Others complaining because they hadn’t gotten a form.
Now, at my house in the early nineties, we had cluster boxes. The mailboxes had been broken into several times, so my wife and I decided to get a PO Box. The postal employee at our post office explained that since we were going to get mail at our PO Bx then they would forward any mail we received at the old address for a full 180 days. Cool, but after that, we could only get mail at the PO Bx and the cluster box would be treated as if the residence was empty. Ok, I could deal with that.
So, that meant that in 2000, I did not receive a census form for my household. So, I called the census bureau office. I asked what would happen. They said not to worry, they would put one in the mail right away to my PO Bx. The worker also explained that for houses that they didn’t get a reponse from, a census worker would be sent to knock on the door and get the info.
There was lot’s of talk about census workers on the news. Apparently, there were lot’s of scammers out there who would knock on doors and get information about people then steal their identity. So to combat this, the census bureau did a very good thing. They sent each police department a letter saying that when there was a census worker in our area, he would check in with the local police or sheriff. They would give their name and what area they would be in that day. They would also have an official form of identification identifying them as a census worker. That way, the citizens could check with the local law enforcement office and see if the guy claiming to be a census worker was legit.
I never got the form they said they'd mail me, but lo and behold, one afternoon, there was a knock at my door. A middle aged hispanic gentleman identified himself as a census worker. I excused myself and said I would be right with him. I then went in and called the local dispatch center. Guess what? No one had checked in with them for about a week. Hmmm.
I went back out and talked with the guy. Surely, he was for real because there was a police car sitting in my drive way and no criminal would be that brazen. He had all the right credentials. So, I figured, what the hey. I had been through the census a few times, what could it hurt. So, this guy starts asking questions.
Now from the censuses I had been through, I remembered that they asked who all lived there, what their names are, hold old are they, what do they do for a living, and what relationship they were to the head of the household. They also asked some education questions and about race.
This guy starts asking questions and he asks for specific birth dates and social security numbers. So I said, NOPE, you ain’t gettin’ that. I had spent too many hours working identity theft cases and I trained my guys and girls to tell citizens, never ever give out social security numbers, birth dates, or maiden names unless you are absolutely positive who you are giving them to. So, I tell the guy, that I’ll be happy to drive to Palm Springs and give them that info, or if he could just give me the form, I’ll fill it out and mail it in right now. He gave me a spiel about the law and said he would notify his supervisor and someone would contact me.
So, I’m at work the next day, out in the field doing my supervisor duties when dispatch tells me to come to the station and see the Deputy Chief. I get there and he asked me why I wasn’t cooperating with the census bureau. I explained as above. While I was in his office, he makes a call to the census people, tells someone that I was in his office and I would be happy to cooperate. He then explains to them why I did not the night before. Then he laughs some and hands me the phone. At the other end of the phone was this condisending asshole who first starts giving me the riot act telling me how I could go to jail, etc. So I tell him, look I gotta go do some police work, could I come out to his office that afternoon. His whole attitude immediately changes and ask that I call back when I’m available and that the whole thing would only take a few minutes. So I hang up.
The Deputy Chief just kinda looks at me in amusement without saying a word. So I tell him that I couldn’t believe that asshole talking to me like that and how he could kiss my ass if he thought I was gonna take that crap from him. He just smiled and said to make sure I take care of it, that what he thought was bullshit was that he was getting a call about it.
I then called dispatch and asked how many census takers had checked in this week. The answer was ZERO, absolutely none. Remember, I had already called the neighboring city where I live the night before. I then went to the briefing room and dug out the papers on the clipboard from the census bureau. I then walked up to the report writing room and placed the call.
This time the guy was very nice and thanked me for calling back. He went through the questions and I answered each one without questioning the necessity of the question knowing that he wasn’t the one who designed the form, he was just filling it out. But, knowing too, that he was a supervisor, I asked him very calmly and politely why his workers weren’t following the protocol that the census bureau had set up to avoid these types of things. He never really gave me an answer but said he’d look into it. I then told him I had one last question.
I asked him why he had called my place of employment instead of contacting me. I said I thought it quite odd, and asked if he would have called my boss, say, had I worked for the phone company or a grocery store. You’ll never believe what he told me. His answer was that the question I was asking sounds like one that should be directed to his legal department. WEIRD! I thanked him and we both hung up.
The next morning I asked dispatch if any of census takers had checked in, then I asked a week later. None did, ever.
Back to today.
Now, having told my story, I would like to say.... I am 100% for the census. I have a hobby of genealogy and genealogists love censuses. That's where most family tree info is obtained. The census is good. They use it for a lot of things other than just population counts. Those demographic numbers will be used over and over again for decisions on marketing, how do distribute federal and state funding. The schools will use it to decide boundries, bussing issues, etc. The census is a good thing. I encourage you to go to 2010.census.gov and take a look.
See the form:
http://msnbcmedia.msn.com/i/MSNBC/Sections/NEWS/A_U.S.%20news/Life/2010CensusQuestionnaire.pdf
One thing the census people won’t be asking this time around is social security number. They will be asking for birth dates. Of the ten questions on their form, I personally feel three are completely unnecessary. You decide.
This census is costing us, the taxpayers, approximately $14 Billion. That’s ridiculous as far as I’m concerned. The “trained enumerators” (what the census people call the counters) are getting between $15 and $20 an hour. That could have easily been done with $10 an hour and using college students, senior citizens, and the unemployed. Or, they could have had the unemployed and welfare people do it for that free money we’re giving them. I know, employers pay into unemployment.
Today, I got a letter in the mail telling me that the census is coming in the mail next week. There’s another $100 million wasted. 2010,census.gov says this was done because of surveys and research saying that they would get a better response. The surveys and research are a huge waste. Who knows how much they spend on that. I know whenever the city contracted with a consultant for anything, it was a minimum $25G. Imagine what the Feds pay.
One last interesting fact. They say on their website that for every one percent of people that don’t respond, it costs $85 million to send people out and collect the information. They say also that from the mailers, they only receive a 70 % response. That means that once they’ve sent it out and got the 70 % back, it then costs another $2.5 Billion. Ok, so 14 billion all together. 85 million for each 1 percent. Times 100 percent is only $8.5 billion. By those numbers, we could have saved $5.5 billion dollars by just sending people to the house to start with.
Census 2010....BE COUNTED!
We were told that if we got any calls about the census, we should know what’s going on. We learned that there was a census every decade. You’d be surprised at how many young cops didn’t know that. Of course, most were living with parents during the last census, so this was something new for them. Now we learned that the law says that everyone is required to respond to the census. So, if anyone asks us we’ll know. As the time got closer we received more briefing items.
Then it arrived. It was amazing to me how many calls our dispatch center received. Some asking about the census and what was required by law. Others complaining because they hadn’t gotten a form.
Now, at my house in the early nineties, we had cluster boxes. The mailboxes had been broken into several times, so my wife and I decided to get a PO Box. The postal employee at our post office explained that since we were going to get mail at our PO Bx then they would forward any mail we received at the old address for a full 180 days. Cool, but after that, we could only get mail at the PO Bx and the cluster box would be treated as if the residence was empty. Ok, I could deal with that.
So, that meant that in 2000, I did not receive a census form for my household. So, I called the census bureau office. I asked what would happen. They said not to worry, they would put one in the mail right away to my PO Bx. The worker also explained that for houses that they didn’t get a reponse from, a census worker would be sent to knock on the door and get the info.
There was lot’s of talk about census workers on the news. Apparently, there were lot’s of scammers out there who would knock on doors and get information about people then steal their identity. So to combat this, the census bureau did a very good thing. They sent each police department a letter saying that when there was a census worker in our area, he would check in with the local police or sheriff. They would give their name and what area they would be in that day. They would also have an official form of identification identifying them as a census worker. That way, the citizens could check with the local law enforcement office and see if the guy claiming to be a census worker was legit.
I never got the form they said they'd mail me, but lo and behold, one afternoon, there was a knock at my door. A middle aged hispanic gentleman identified himself as a census worker. I excused myself and said I would be right with him. I then went in and called the local dispatch center. Guess what? No one had checked in with them for about a week. Hmmm.
I went back out and talked with the guy. Surely, he was for real because there was a police car sitting in my drive way and no criminal would be that brazen. He had all the right credentials. So, I figured, what the hey. I had been through the census a few times, what could it hurt. So, this guy starts asking questions.
Now from the censuses I had been through, I remembered that they asked who all lived there, what their names are, hold old are they, what do they do for a living, and what relationship they were to the head of the household. They also asked some education questions and about race.
This guy starts asking questions and he asks for specific birth dates and social security numbers. So I said, NOPE, you ain’t gettin’ that. I had spent too many hours working identity theft cases and I trained my guys and girls to tell citizens, never ever give out social security numbers, birth dates, or maiden names unless you are absolutely positive who you are giving them to. So, I tell the guy, that I’ll be happy to drive to Palm Springs and give them that info, or if he could just give me the form, I’ll fill it out and mail it in right now. He gave me a spiel about the law and said he would notify his supervisor and someone would contact me.
So, I’m at work the next day, out in the field doing my supervisor duties when dispatch tells me to come to the station and see the Deputy Chief. I get there and he asked me why I wasn’t cooperating with the census bureau. I explained as above. While I was in his office, he makes a call to the census people, tells someone that I was in his office and I would be happy to cooperate. He then explains to them why I did not the night before. Then he laughs some and hands me the phone. At the other end of the phone was this condisending asshole who first starts giving me the riot act telling me how I could go to jail, etc. So I tell him, look I gotta go do some police work, could I come out to his office that afternoon. His whole attitude immediately changes and ask that I call back when I’m available and that the whole thing would only take a few minutes. So I hang up.
The Deputy Chief just kinda looks at me in amusement without saying a word. So I tell him that I couldn’t believe that asshole talking to me like that and how he could kiss my ass if he thought I was gonna take that crap from him. He just smiled and said to make sure I take care of it, that what he thought was bullshit was that he was getting a call about it.
I then called dispatch and asked how many census takers had checked in this week. The answer was ZERO, absolutely none. Remember, I had already called the neighboring city where I live the night before. I then went to the briefing room and dug out the papers on the clipboard from the census bureau. I then walked up to the report writing room and placed the call.
This time the guy was very nice and thanked me for calling back. He went through the questions and I answered each one without questioning the necessity of the question knowing that he wasn’t the one who designed the form, he was just filling it out. But, knowing too, that he was a supervisor, I asked him very calmly and politely why his workers weren’t following the protocol that the census bureau had set up to avoid these types of things. He never really gave me an answer but said he’d look into it. I then told him I had one last question.
I asked him why he had called my place of employment instead of contacting me. I said I thought it quite odd, and asked if he would have called my boss, say, had I worked for the phone company or a grocery store. You’ll never believe what he told me. His answer was that the question I was asking sounds like one that should be directed to his legal department. WEIRD! I thanked him and we both hung up.
The next morning I asked dispatch if any of census takers had checked in, then I asked a week later. None did, ever.
Back to today.
Now, having told my story, I would like to say.... I am 100% for the census. I have a hobby of genealogy and genealogists love censuses. That's where most family tree info is obtained. The census is good. They use it for a lot of things other than just population counts. Those demographic numbers will be used over and over again for decisions on marketing, how do distribute federal and state funding. The schools will use it to decide boundries, bussing issues, etc. The census is a good thing. I encourage you to go to 2010.census.gov and take a look.
See the form:
http://msnbcmedia.msn.com/i/MSNBC/Sections/NEWS/A_U.S.%20news/Life/2010CensusQuestionnaire.pdf
One thing the census people won’t be asking this time around is social security number. They will be asking for birth dates. Of the ten questions on their form, I personally feel three are completely unnecessary. You decide.
This census is costing us, the taxpayers, approximately $14 Billion. That’s ridiculous as far as I’m concerned. The “trained enumerators” (what the census people call the counters) are getting between $15 and $20 an hour. That could have easily been done with $10 an hour and using college students, senior citizens, and the unemployed. Or, they could have had the unemployed and welfare people do it for that free money we’re giving them. I know, employers pay into unemployment.
Today, I got a letter in the mail telling me that the census is coming in the mail next week. There’s another $100 million wasted. 2010,census.gov says this was done because of surveys and research saying that they would get a better response. The surveys and research are a huge waste. Who knows how much they spend on that. I know whenever the city contracted with a consultant for anything, it was a minimum $25G. Imagine what the Feds pay.
One last interesting fact. They say on their website that for every one percent of people that don’t respond, it costs $85 million to send people out and collect the information. They say also that from the mailers, they only receive a 70 % response. That means that once they’ve sent it out and got the 70 % back, it then costs another $2.5 Billion. Ok, so 14 billion all together. 85 million for each 1 percent. Times 100 percent is only $8.5 billion. By those numbers, we could have saved $5.5 billion dollars by just sending people to the house to start with.
Census 2010....BE COUNTED!
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