Arizona Legislative Briefs

By Capitol Media Services
Published/Last Modified on Wednesday, June 17, 2009 5:33 PM MDT


Immigration enforcement


The Senate voted 16-12 Monday to make it a violation of state law for anyone to be in this country illegally.

Sen. Russell Pearce, R-Mesa, said creating this new crime of trespass would give local police clear authority to arrest those who crossed the border illegally or overstayed their legal visa. He said some police departments have insisted — incorrectly he believes — they cannot arrest people for violating federal immigration laws.

Another provision of SB 1175 forbids elected officials and the people who work for them from enacting or enforcing policies that prohibit their employees from contact or cooperating with federal immigration officers. The bill now goes to the House.

Drop houses

On a 17-11 margin the Senate voted Monday to make to knowingly or reckless conceal any illegal immigrant.

That is already a violation of federal law. But Sen. Jonathan Paton, R-Tucson, said he wants to ensure that county attorneys also are able to prosecute smugglers who put those they have brought into the country illegally into “safe houses,’’ many in residential neighborhoods.

Violators could face five years in prison — double that if the hiding was done for financial gain. SB 1280 now needs House approval.

Guns in restaurants

Legislation to allow people to carry their weapons into places where alcohol is served stalled Monday, at least temporarily, as backers found themselves one vote short.

Backers of SB 1113 say people should not be required to leave their guns in their cars or at home just because they want to go into a restaurant which also serves liquor. This law would let at least those who have a state-issued permit to carry a concealed weapon to keep their guns with them, as long as they did not actually imbibe while armed.

The legislation would allow business owners to post their restaurants as off-limits to guns. Foes said the presumption should be the other way around: Guns should be allowed only if a business owner specifically posts signs saying they are permitted.

SB 1113 is expected to be back when an absent lawmaker returns.

Display of firearms

On a 21-7 vote the Senate approved legislation allowing individuals to “display’’ that they are armed without violating state law.

SB 1243 is designed to address concerns that those who pull back a jacket to show they are harmed could be charged with intimidating or threatening someone else. Supporters said it could help defuse a violent situation; opponents argued it might instead inflame it.

The bill now goes to the House.

Tax incentives

The Senate voted 16-12 to provide income and property tax exemptions for firms that agree to set up new renewable energy manufacturing operations in Arizona or move their corporate headquarters here.

Sen. Barbara Leff, R-Paradise Valley, said the state’s current tax structure is particularly unfriendly for firms with expensive manufacturing equipment. She said the incentives should help Arizona become more competitive in landing what she said would be high-wage jobs.

Foes of SB 1403 questioned why the state was altering its tax structure only for one type of industry. The House now needs to debate the measure.

 

Comments

    Carson wrote on Jun 17, 2009 7:16 PM:

    " Here is my two-step plan.

    We may have to kiss the keisters of the illegal invaders, it is still a felony to aid and abet them.

    If some honest men and women in law enforcement, would go after the lowlifes in the government, business and the general population that have been aiding and abetting them, by the time they had enough of a handle on the job to raise their heads and look around, I don’t think many illegal aliens would still be left.

    We don’t need any new laws to do this either. Just some honest men and women that take their oaths of office seriously!

    Federal Immigration and Nationality Act
    Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

    "Any person who . . . encourages or induces an alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."

    Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):

    A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:

    * assists an alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or

    * encourages that alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way,

    or

    * knowingly assists illegal aliens due to personal convictions. "

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