Tag Archives: Legislation

Bill to allow automatic restoration of voting rights introduced

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Frederica Wilson, D-FL24

Frederica Wilson, D-FL24

WASHINGTON — Representative Frederica Wilson of Florida introduced H.R. 1556 to allow non-violent felons to vote.

The bill would not allow the denial or abridgement of voting rights of U.S. citizens who commit non-violent criminal offenses once released. The bill excepts those currently incarcerated. The Attorney General would establish a list of felonies considered non-violent under federal and State laws.

If the individual is released on probation, their right to vote would begin at the end of probation if the probation is less than a year. If the person is on probation for more than a year, then their voting right would be automatically restored one year from the date probation began.

The law would establish notification requirements for prisons and jails. A State, local government or other person would not be allowed to receive federal funds to construct or improve, “…a place of incarceration unless that person has in effect a program under which each incarcerated individual is notified, upon release, of his or her rights under this Act.”

The bill only allows for voting in federal elections and does not affect State laws. Arizona Revised Statute 13-905 outlines the procedure for restoration of civil rights which begins at the end of any probation period after incarceration.

The bill, of course, does not go far enough. It does not allow the automatic restoration of Second Amendment rights for the same non-violent offenses.

SACO Act to terminate federal employees who give false testimony

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112_rp_al_5_brooks_moWASHINGTON — It seems that Eric Holder may leave a legacy in Washington after all. In honor of his testimony and the testimony of the likes of Lois Lerner, Representative Mo Brooks [R-AL-5] has submitted H.R. 1535. It is referred to as the Safeguarding America’s Congressional Oversight Act or the SACO Act and the purpose of the act is to terminate any Federal employee who refuses to answer questions or gives false testimony in a congressional hearing.

Apparently perjury and contempt of Congress is insufficient.

The legislation, if passed, would allow Congress to terminate a federal employee if three-fourths of the congressional body receiving the testimony finds that they received false testimony from the witness.

The termination can occur if the witness refuses to answer a question at a congressional hearing after being granted immunity. The bill also allows termination if the witness does not “…answer questions specifically, directly, and narrowly relating to his or her official duties,…”

Keeping our Promises to Veterans Act of 2015 moves to Subcommittee on Health

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300tom-emmerWASHINGTON — The Keeping our Promises to Veterans Act of 2015, H.R. 1532, was introduced by Tom Emmer [R-MN-6] on March 23 and has moved through the House Committee on Veteran’s Affairs to the Subcommittee on Health yesterday. The bill would expand the ability of veterans to get access under the Veterans Access, Choice and Accountability Act passed last year.

The Veterans Access Act (38 U.S.C. 1701, PDF) allows veterans to seek outside VA assistance if they live a certain distance from a VA facility. The act did not account for those who might not have or have difficulty in transportation.

This brief bill would reduce the 40-mile radius requirement to 20-miles and require access to the closest medical facility that could treat the need of the veteran. The bill reduces the wait time goal from 30-days to 15. It also requires VA to set up prompt payment system to non-VA facilities which provide care to veterans.

H.R. 1603 submitted by Andy Barr [R-KY-6] would improve treatment for victims of military sexual assault under the Veterans Access Act.

Another bill in Congress, H.R. 1302 would require the Secretary of Veterans Affairs to ensure that VA Form 9 appeals are resolved within one year of submission. The bill was introduced by Ohio Representative Robert Latta [R-OH-5].

Representative Ron Kind [D-WI-3] has submitted H.R. 1628, the Veterans Pain Management Improvement Act which would require VA facilities to set up a Pain Management Board for veteran victims of chronic pain whether out- or in-patient.

The board would provide treatment recommendations for patients with complex clinical pain who are being treated at a medical facility of the Department located in the Veterans Integrated Service Network covered by the Board.

The membership in the board would require a certan number of medical pain specialists, clinical patients or the family members of clinical patients.

Bill introduced to prevent President Obama from renaming McKinley by executive order

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Denali_Mt_McKinley

Photo by a NPS employee from Wikipedia.

WASHINGTON — was submitted by the congressional delegation of Ohio fearful that President Obama will rename McKinley to Mount Obama by executive order.

Representative Bob Gibbs of Ohio submitted H.R. 437, the text which reads:

Notwithstanding any other authority of law, the mountain located 63 degrees 04 minutes 12 seconds north, by 151 degrees 00 minutes 18 seconds west shall continue to be named and referred to for all purposes as Mount McKinley.

Okay, that is the April Fools part of the article.

Verily, the name given to the highest mountain in North America has been in dispute for some time. The Alaska Board of Geographic Names lists the mountain as Denali—meaning “the great one” in the Athabaskan language. The United States Board on Geographic Names lists it as Mount McKinley.

William_McKinley1896Efforts by Alaskan authorities have always been thwarted by the congressional delegation from Ohio—such as with this bill H.R. 437. Since being introduced in January, it moved from the House Committee on Natural Resources to the Subcommittee on Federal Lands March 2. The bill has no cosponsors.

Mount McKinley was named after William McKinley—the 25th President of the United States, serving from March 4, 1897, until his assassination in September 1901, six months into his second term. He was born in Ohio and this bill was submitted on January 21—eight days before the date of his birth in 1843.

It is rather interesting that this debate has not been given the same coverage by the media as the name of a football team.

Gun bills in the Arizona Legislature.

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Gun-and-GavelThe legislative session began on the 13th and all bills must be submitted by February 10th. The Arizona Citizens Defense League has compiled a listing of gun bills currently in the legislative process.

Many are simply technical corrections to the language of the law.

HB 2103 would amend ARS 13-3112 to allow current military and veterans from age 19 on to obtain a concealed weapons permit in Arizona.

It changes section E. 1. to read, “2. Is twenty‑one years of age or older or is at least nineteen years of age and provides evidence of current military service or proof of honorable discharge or general discharge under honorable conditions from the United States armed forces, United States armed forces reserve or a state national guard.”

The bill is introduced by Representatives Townsend, Borrelli, Kwasman, Livingston, Mitchell, Petersen, Seel, Smith, Thorpe: Barton, Cardenas, Lovas, Shope

HB 2127—introduced by Representatives Pratt, Gowan, Shope and Senators Griffin, Pierce and McGuire—after some technical corrections would eliminate Section D. which would eliminate the restriction of game guides to a revolver or pistol. This would allow them to carry long guns.

HB 2132 was submitted by Representative Quezada would allow persons to automatically be restored the right to vote after the end of their probation or their absolute discharge from prison. Filing for the restoration of the right to bear arms does not change.

HB 2133 would amend Title 38 adding 38-202. This would require anyone applying for a peace officer position to provide proof of United States citizenship and would prevent a public officer from providing an application for that position to anyone who cannot prove United States citizenship.

This is obviously meant to prevent past discrepancies such as the Carmen Figueroa case. She did not realize that she was an illegal alien and may not have been required to carry a firearm. This is probably why she slipped through the system. Most people, however, are required to prove citizenship to purchase a firearm through the federal system.

SB1063 would require any public establishment or even to provide sutiable, secure storage facilities in compliance with 13-3102.01 if they do not allow firearms into their facility or event. This technical correction would allow gun owners to ignore the warning placards if the facility does not provide secure storage.

SB1064. The AZCDL assessment of this bill is:

ACDLlogo3

Under the expanding gas language in ARS 13-105.19, an air-operated pistol or rifle can be considered a firearm. This differs with ARS 13-3101.4, which uses action of an explosive to define a firearm. By having two definitions, law enforcement can cherry-pick the statute they want to apply.

Current legislation of interest to veterans.

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Veterans and current military members are certainly aware of the reduction of retiree pay while blocking Republican efforts to close tax credits for illegal aliens.

The Air Force Sergeants Association Facebook page has compiled a list of current legislation of interest to the military and veterans.

Many of the efforts address the reduction in veteran retirement in one fashion or another. Democrat Daniel B. Maffei of New York, for example, would restore military pay while closing “corporate tax loopholes.”

The list from the Air Force Sergeants Association is as follows:

H.R. 3787, by Rep. James Lankford, R-Okla., would repeal of annual adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62. Note: This bill would restore $6 billion to replace the cuts in military retirement by combining DoD and VA drug-buying power, that Lankford contends would save an estimated $7 billion.

H.R. 3788, by Rep. Michael G. Fitzpatrick, R-Pa., (and 45 cosponsors), would repeal the reductions in military retirement benefits made by the Bipartisan Budget Act of 2013; and require inclusion of the taxpayer’s social security number to claim the refundable portion of the child tax credit.

H.R. 3789, by Rep. Jeff Miller, R-Fla., (and 120 cosponsors), would exempt the retired pay of certain disabled veterans from the reduced adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62; and prevent any adverse impact of the reduced adjustment on annuities under the Survivor Benefit Plan based on retired or retainer pay.

H.R. 3790, by Rep. Jeff Miller, R-Fla., (and 87 cosponsors), would repeal of annual adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62.

H.R. 3792, by Rep. Robert J. Wittman, R-Va., would bill to repeal the reduction in the annual percentage increases of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62.

H.R. 3793, by Rep. Daniel B. Maffei, D-N.Y., (and 36 cosponsors), would restore full military retirement benefits by closing corporate tax loopholes.

H.R. 3794, by Rep. Gus Bilirakis, R-Fla., would repeal the annual adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62.

H.R. 3797, by Rep. Scott DesJarlais, R-Tenn., would repeal an annual adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62.

H.R. 3798, by Rep. Scott DesJarlais, R-Tenn., would repeal an annual adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62.

H.R. 3801, by Rep. Darrell E. Issa, R-Calif., would repeal the reductions in military retirement benefits made by the Bipartisan Budget Act of 2013; and authorize the United States Postal Service to implement a modified Saturday delivery schedule.

S. 1869, by Sen. Kelly Ayotte, R-N.H., would repeal section 403 of the Bipartisan Budget Act of 2013, relating to an annual adjustment of retired pay for members of the Armed Forces under the age of 62, and provide an offset.

S. 1872, by Sen. Mark L. Pryor, D-Ark., would provide that the annual adjustment of retired pay for members of the Armed Forces under the age of 62 under the Bipartisan Budget Act of 2013 shall not apply to members retired for disability and to retired pay used to compute certain Survivor Benefit Plan annuities.

S. 1880, by Sen. Patty Murray, D-Wash., would provide that the annual adjustment of retired pay for members of the Armed Forces under the age of 62 under the Bipartisan Budget Act of 2013 shall not apply to members retired for disability and to retired pay used to compute certain Survivor Benefit Plan annuities.

Heavy metal gets attention of the Arizona House.

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PHOENIX—Republican representative Thomas Forese has introduced two pieces of legislation aimed at metal theft.

HB 2261 would amend the criminal code of the ARS 13-1820 concerning the theft of metals. A person would commit metal theft if “without lawful authority” the person knowingly:

1. Controls ferrous metal or nonferrous metal that is the property of another with the intent to deprive the other person of the metal.
2. Obtains ferrous metal or nonferrous metal that is the property of another by means of any material misrepresentation with intent to deprive the other person of the metal.
3. Comes into control of lost, mislaid or misdelivered ferrous metal or nonferrous metal that is the property of another under circumstances providing means of inquiry as to the true owner and appropriates the metal to the person’s own or another’s use without reasonable efforts to notify the true owner.
4. Controls ferrous metal or nonferrous metal that is the property of another knowing that the metal was stolen.
5. Unless acquired in the ordinary course of business by an automotive recycler or a scrap metal dealer, the inferences listed in section 13‑2305 apply to any prosecution under subsection A, paragraph 4 of this section.

Ferrous metal is defined as metals that will attract a metal while non-ferrous metal will not.

For the purposes of prosecution, the value of the metal would include the damage to the property from which the metal was stolen which occurs during the theft.

As an additional means of combating metal theft, the Legislator has also introduced HB 2262 which would amend sections of ARS Title 44 relating to the licensing and record keeping of scrap dealers in Arizona.

Currently scrap dealers are required to register with the Department of Public Safety and keep records of any transactions they make in metals exceeding $25. The new law would require them to keep records of all transactions.

It would also add certain records that scrap dealers must keep. It would also allow cities and counties to add regulations aimed at recovering the cost of enforcing this law.

DPS would also be required to submit a report every two years to the President of the Senate and Speaker of the House identifying all scrap dealers in the State of Arizona. All law enforcement officer in the state to register with a free web site that would send detailed descriptions of stolen items to scrap metal dealers and other law enforcement agencies within 100 miles of the theft.

Senate Bill seeks to change vanity plates

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PHOENIX—There are currently three bills for new vanity plates working their way through the Senate.

SB 1116 Creates a disabled veteran special plate if $32,000 is paid for its implementation to ADOT by December 31, 2013.
SB 1343 Creates a Girls’ Youth Organization special plate (GYO plate) if $32,000 is paid for its implementation to ADOT by December 31, 2013
SB 2025 Creates a Fallen Hero special plate if $32,000 is paid for its implementation to ADOT by December 31, 2013.

If Democrat Steve Farley has his way, they will take a new shape. In response to complaints that officers complaining about the difficulty seeing the letters, the Senator has introduced SB 1206. The bill would change 24-2405 to read:

A special plate issued pursuant to this article shall have a standard design with one area on the plate that is a three inch square that is set aside for a logo or message. The department shall determine the standard design of the special plate, and the logo or message is subject to the approval of the department. This section applies to all special plates that are authorized pursuant to this article after the effective date of this section.

The Senator has also introduced SB 1198 which is aimed at preventing obscuring the readablity of license plates with coatings or electronic means. The Bill would add Paragraph D to ARS 28-2354 reading:

Unless authorized by the department, a person shall not apply a covering or any substance to the license plate or use an electronic device or electrochromatic film that obscures from any angle the numbers, characters, year validating tabs or name of the jurisdiction issuing the plate.

While there is a penalty for covering up the name of the State on a license plate, the bill does not appear to provide a penalty for violating the proposed provision.

See Also: Arizona bill targets hard-to-read license plates

Legislation sent to the governor increases schedule IV substances.

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PHOENIX—H.B. 2356 which adds to the growing list of controlled substances was sent to the governor for signature.

The drugs added to the list are, Butylone, Fluoromethcathinone, Methoxymethcathinone, Methylenedioxymethcathinone, Methylenedioxypyrovalerone, Methylmethcathinone and Naphthylpyrovalerone.

Many of the drugs listed are in the class of so-called designer drugs and the long-term health hazards of the drugs are unknown. Some are psychoactive drugs, such as Butylone. It was researched as a possible entheogen, which is a drug used in religious ceremonies like peyote.