Update from Sen. Russell Pearce on various bills

I continue to work on the budget to balance it, to reform it where I can, to eliminate duplicity and fraud, to guardrails around your dollars to stop abuse.

SENATE BILLS HAVE NOT BEEN ASSIGNED YET. DECISION WAS MADE TO WAIT UNTIL WE GET THE BUDGET DONE BEFORE ANY BILLS GET ASSIGNED OR HEARD IN COMMITTEE IN THE SENATE: HOWEVER TO KEEP YOU INFORMED AND NEVER TO EARLY TO START WORKING THEM. WHEN WE GET THE BUDGET DONE THE PROCESS MAY GO FAIRLY FAST; THESE ARE JUST SOME OF MY SENATE BILLS: However you can still make sure that they know where you stand on these bills. E-mail members (especially leadership to make sure they get assigned and heard). I must admit that House members Boone and Crump that have always been with us are running a bill to eliminate sanctuary policies in this state. It is not as strong as the one I am running and have ran for the past 5 years, yet still a good bill. However I prefer mine and mine also has a 'trespass" provision that gives law enforcement a tremendous tool. To e-mail you legislator go to www.azleg.gov

I am working on TORT reform for doctors in emergency rooms and patients that are new patients for doctors, along with changing the standard for "expert witnesses testimony" to be elevated to the reasonable standard used in federal courts.

I am working on a comprehensive piece of legislation to strengthen the 2nd Amendment rights of citizens and limit no defense zones and strengthen citizen rights, etc.

I am working on language to fully enforce Prop. 200 that was passed overwhelmingly in '04 by Arizona voters, that our former Governor and AG Terry Goddard did a back door veto and refused to fully implement Prop. 200 and blocked most of its implementation to prevent welfare fraud by illegal aliens.

Trespass: I have a bill to make it a state crime to enter or remain in Arizona in violation of federal law. A 2nd violation is a felony and a if one brings drugs or weapons into the country it is a class 2 felony with mandatory prison time.

SB1160 vehicle title; registration; legal presence (requested by law enforcement)

This bill would put the same requirements on titling or registering a vehicle of legal presence as required to get a driver’s license. Will have a tremendous affect on illegal’s driving around illegally. According to law enforcement a large percentage of hit and runs and serious and fatal accidents are involving illegal aliens.

SB1172 schools; data; non citizen students

This is needed to really know how many illegal aliens and non citizens are in our school. It does not prevent them from attending, but the debate continues on how many are really in our K-12 system at a cost of $9700 per student. The taxpayer has an inherent right to know who they are paying for.

SB1173 public housing; legal presence

Requires proof of citizenship to get public housing.

SB1175 illegal aliens; enforcement; trespassing. (remove handcuffs from law enforcement - Supported by Phoenix Law Enforcement Association, Sheriff Joe, County Attorney Thomas, Border Patrol 2544, law enforcement, Republican Party, and others)

SB1176 military family relief fund (no public dollars in evolved)

Allows more flexibility to help families of returning veterans and is great voluntary program.

SB1177 unauthorized aliens; employment; application; transporting (a good fix to the day labor problem)

This bill makes it a misdemeanor to solicit employment and makes it a state crime to employ them and requires anyone transporting them for purposes of work to have their vehicle impounded for a mandatory 30 days.

SB1243 justification; defensive display of firearm

This is a simple bill supported by the NRA and Citizens for Self Defense. It allows citizens to display a weapon in self defense without being charged with a crime.

SB1334 workers' compensation; unauthorized aliens

No workers compensation for illegal aliens. An employer who illegally employees them must be totally responsible for any injuries. This is needed because of a silly Arizona Supreme Court ruling.

SB1335 unauthorized aliens; licensing ( an enhancement to the Employer Sanctions bill)

This strengthens our Employer Sanctions bill (by the way we just won for the 5th time in court) This puts more teeth in requiring businesses to sign up for E-Verify and gives the County Attorney's civil subpoena authority to look at personal files of a business if the info that gives reasonable cause to believe they have illegal aliens employed (we will get a ton of resistance to leadership to not give this bill a hearing)

SB1337 driver license violations (a law enforcement request and just puts it back to how it use to be)

Makes not having a driver’s license a misdemeanor so they can arrest them. Today they cannot because it is a civil penalty. If they are lying, no ID, speak no English and they know they are a gang member or an illegal alien they must let them go. If you have a driver’s license and just don't have it on you it will not affect you.

SB1242 weapons; peace officers; posse; reserves (a fix on Reserve Officers that was left out accidentally)

Gives the Sheriff's more control over their voluntary Posses, Reserves when it comes to allowing them to carry Concealed.

SB1467 county elected officials; authority (Just recognizes 'elected' officials rights to run their elected offices)

This one is important that all of our elected officials can properly run their offices and not have their budget decisions by other elected officials. Does not diminish the budget authority of Boards of Supervisors, but once a budget is given it is the elected officials right to run their office. We elect them for that reason.

SCR1006 state appropriation limit; reduction (a Americans for Prosperity bill, TABOR light)

Lowers the Constitutional limit on revenue that can be collected to a reasonable level. This would not allow the legislature to spend at a reckless rate.

SCR1011 Taxpayer Bill of Rights (TABOR)

This would limit the growth of government to no more than inflation plus population without a 2/3rds vote of the legislature. If we had this in place in 2004 as I tried we would not have huge deficit we have today and would have retuned $4 billion dollars back to the taxpayer.

SCR1012 spending accountability and transparency act

Simply requires ALL government agencies to post all salaries, spending on line. Sunshine is the best medicine and especially for government. It is you money and your government.

SCR1031 discrimination; preferential treatment; prohibition (Stops all affirmative action)

Every Arizona resident should be treated equally and fairly by the government. This bill does not affect private citizens or businesses at all. This is a great bill to eliminate all government discrimination based on sex, race, color, ethnicity or national origin. We want everyone to be successful and not allow government to discriminate and pick winners and losers. Many will try and tell you Arizona has not quota programs, I have examples of many if needed.

HOUSE BILLS:
Placed on Rules Agenda for Monday, March 23:
HB 2331 (Boone) - prohibits cities, towns, and county boards of supervisors from enacting ordinances or resolutions or adopting policies which limit or prohibit the lawful enforcement of United States immigration laws.

Passed through Rules and Caucus - ready to be placed on COW calendar:
HB 2237 (Seel) - Requires Arizona Health Care Cost Containment System (AHCCCS) employees to verify the eligibility of applicants through the Systematic Alien Verification for Entitlements (SAVE) Program, and includes related provisions.

HB 2439 (Kavanagh) - exempts persons who meet specified criteria from completing the required firearms safety training program needed to obtain a permit to carry a concealed weapon (CCW).

IMPORTANT LANGUAGE IN BUDGET: I have added about 250 officers to combat gang and illegal immigration issues over the past 4 years and continue to strengthen these laws and requirements to enforce the law. This new and additional language will be in the 2010 budget to continue to strengthen our ability to enforce immigration laws and violent fugitive felons: RECOGNIZING THAT STATES HAVE INHERENT AUTHORITY TO ARREST FOR ANY IMMIGRATION VIOLATION, THERE CONTINUES TO BE A BENEFIT FROM A 287G AGREEMENT, ADDITIONAL TRAINING, AND A PARTNERSHIP WITH IMMIGRATION AND CUSTOMS ENFORCEMENT AND THE FEDERAL GOVERNMENT. IF THE PERSON WHO IS ARRESTED IS AN ALIEN, THE PERSON’S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO UNITED STATES CODE SECTION 1373(c). ALL SWORN GIITEM OFFICERS EFFORTS INCLUDE: 1) ARRESTING ILLEGAL ALIENS, 2) RESPONDING TO OR ASSISTING ANY LAW ENFORCEMENT OFFICER’S REQUEST, COUNTY OR COUNTY ATTORNEY IN INVESTIGATING COMPLAINTS OF EMPLOYERS HIRING ILLEGAL ALIENS, 3) INVESTIGATING CRIMES OF IDENTITY THEFT IN THE CONTEXT OF HIRING ILLEGAL ALIENS AND THE UNLAWFUL ENTRY INTO THE COUNTRY, AND 4) TAKING ENFORCEMENT ACTION, AS PERMITTED UNDER FEDERAL LAW AND ARTICLE VI OF THE U.S. CONSTITUTION. OF THIS $10,000,000:

1) $2,000,000 IS ALLOCATED TO THE SHERIFF’S OFFICE OF A COUNTY WITH A POPULATION OF MORE THAN TWO MILLION PERSONS FOR HUMAN SMUGGLING AND IMMIGRATION ENFORCEMENT. THE SHERIFF MAY CONTRACT WITH THE COUNTY ATTORNEY FOR IMMIGRATION ENFORCEMENT AND PROSECUTION PURPOSES. IT IS THE INTENT OF THE LEGISLATURE THAT THE ALLOCATION OF THESE MONIES INCLUDE FUNDING FOR IMMIGRATION ENFORCEMENT AND TRANSPORTATION AS DISCUSSED AND REVIEWED BY THE JOINT LEGISLATIVE BUDGET COMMITTEE AT ITS OCTOBER 2007 MEETING.

2) $1,600,000 IS ALLOCATED TO THE DEPARTMENT OF PUBLIC SAFETY FOR THE VIOLENT FELONY AND FUGITIVE TASK FORCE ESTABLISHED IN EXECUTIVE ORDER 2008-22 FOR THE ACTIVITIES OF THE TASK FORCE. THIS TASK FORCE IS TO FUNCTION AS A PART OF GIITEM AS A MULTIJURISDICTIONAL STATEWIDE TASK FORCE. THE EXPENDITURE PLAN FOR THESE MONIES IS SUBJECT TO REVIEW BY THE JOINT LEGISLATIVE BUDGET COMMITTEE BEFORE EXPENDITURE.

Part of the '09 budget fix in SB 1001 I put this language in:
Of the $31,799,700 appropriated to GIITEM, $10,000,000 is to be used for the multijurisdictional task force known as the gang and immigration intelligence team enforcement mission (GIITEM). If the department of public safety uses any of the monies appropriated for GIITEM for an agreement or contract with a city, town, county or other entity to provide services for the GIITEM program, the city, town, county or other entity shall provide not less than 15 per cent of the cost of the services and the department of public safety shall provide not more than 85 per cent of the cost for each agreement or contract. The distribution of these monies are contingent on the department of public safety entering into a 287 memorandum of understanding with the United States department of homeland security. The $10,000,000 is to be used for functions relating to immigration enforcement, including border security and border personnel. As state and local law enforcement officers trained pursuant to a 287 memorandum of understanding come into contact with gang or suspected gang members and there is reason to believe that the individual has entered or remained in the United States illegally, the use of these monies is contingent on law enforcement agencies verifying the immigration status of these individuals and taking appropriate action that will not jeopardize an ongoing investigation or damage an informant relationship with a law enforcement agency. The $10,000,000 is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to the lapsing of appropriations, except that all unexpended and unencumbered monies shall revert on June 30, 2009 2010. The department shall submit an expenditure plan to the joint legislative budget committee for review before expending any monies not identified in the department's previous expenditure plans. Within thirty days after the last day of each calendar quarter, the department shall provide a summary of quarterly and year-to-date expenditures and progress to the joint legislative budget committee. Of this $10,000,000:

1. $1,600,000 is allocated to the sheriff's office of a county with a population of more than two million persons.
2. $1,600,000 is allocated to the department of public safety for the violent felony and fugitive task force established in executive order 2008-22 for the activities of the task force. This task force is to function as a part of GIITEM as a multijurisdictional statewide task force. The expenditure plan for these monies is subject to review by the joint legislative budget committee before expenditure.