After an investigation by the El Mirage police department the Maricopa County Attorney declined to charge nudist parents with a crime arising from their parading nude in their home in front of their children.
Text of changes to Arizona Revised Statutes Sections 1-501 & 1-502 made by House Bill 2162 and new Sections 7, 8 & 9 of House Bill 2162 (effective July 29, 2010). Deletions to text made by HB 2162 are show in red text that is lined out and new language is this color and underlined. This post does not contain the entire text of the HB 2162. Other changes made by HB 2162 are contained in parts 1, 2 & 3. The entire Arizona immigration law as amended by HB 2162 is contained in this part 5 and in:
The following Sections 1-501 and 1-502 are existing Arizona statutes as modified by HB 2162. Sections 7, 8, and 9 of HB 2162 follow Section 1-502.
1-501. Eligibility for federal public benefits; documentation; violation; classification; citizen suits; attorney fees; definition
A. Notwithstanding any other state law and to the extent permitted by federal law, any natural person who applies for a federal public benefit that is administered by this state or a political subdivision of this state and that requires participants to be citizens of the United States, legal residents of the United States or otherwise lawfully present in the United States shall submit at least one of the following documents to the entity that administers the federal public benefit demonstrating lawful presence in the United States:
1. An Arizona driver license issued after 1996 or an Arizona nonoperating identification license.
2. A birth certificate or delayed birth certificate issued in any state, territory or possession of the United States.
3. A United States certificate of birth abroad.
4. A United States passport.
5. A foreign passport with a United States visa.
6. An I-94 form with a photograph.
7. A United States citizenship and immigration services employment authorization document or refugee travel document.
8. A United States certificate of naturalization.
9. A United States certificate of citizenship.
10. A tribal certificate of Indian blood.
11. A tribal or bureau of Indian affairs affidavit of birth.
B. For the purposes of administering the Arizona health care cost containment system, documentation of citizenship and legal residence shall conform with the requirements of title XIX of the social security act.
C. To the extent permitted by federal law, an agency of this state or political subdivision of this state may allow tribal members, the elderly and persons with disabilities or incapacity of the mind or body to provide documentation as specified in section 6036 of the federal deficit reduction act of 2005 (P.L. 109-171; 120 Stat. 81) and related federal guidance in lieu of the documentation required by this section.
D. Any person who applies for federal public benefits shall sign a sworn affidavit stating that the documents presented pursuant to subsection A of this section are true under penalty of perjury.
E. Failure to report discovered violations of federal immigration law by an employee of an agency of this state or a political subdivision of this state that administers any federal public benefit is a class 2 misdemeanor. If that employee’s supervisor knew of the failure to report and failed to direct the employee to make the report, the supervisor is guilty of a class 2 misdemeanor.
F. This section shall be enforced without regard to race, color, religion, sex, age, disability or national origin.
G. Any person who is a resident of this state has standing in any court of record to bring suit against any agent or agency of this state or its political subdivisions to remedy any violation of any provision of this section, including an action for mandamus. Courts shall give preference to actions brought under this section over other civil actions or proceedings pending in the court.
H. The court may award court costs and reasonable attorney fees to any person or any official or agency of this state or a county, city, town or other political subdivision of this state that prevails by an adjudication on the merits in a proceeding brought pursuant to this section.
IH. For the purposes of this section, “federal public benefit” has the same meaning prescribed in 8 United States Code section 1611.
1-502. Eligibility for state or local public benefits; documentation; violation; classification; citizen suits; attorney fees; definition
A. Notwithstanding any other state law and to the extent permitted by federal law, any agency of this state or a political subdivision of this state that administers any state or local public benefit shall require each natural person who applies for the state or local public benefit to submit at least one of the following documents to the entity that administers the state or local public benefit demonstrating lawful presence in the United States:
1. An Arizona driver license issued after 1996 or an Arizona nonoperating identification license.
2. A birth certificate or delayed birth certificate issued in any state, territory or possession of the United States.
3. A United States certificate of birth abroad.
4. A United States passport.
5. A foreign passport with a United States visa.
6. An I-94 form with a photograph.
7. A United States citizenship and immigration services employment authorization document or refugee travel document.
8. A United States certificate of naturalization.
9. A United States certificate of citizenship.
10. A tribal certificate of Indian blood.
11. A tribal or bureau of Indian affairs affidavit of birth.
B. For the purposes of administering the Arizona health care cost containment system, documentation of citizenship and legal residence shall conform with the requirements of title XIX of the social security act.
C. To the extent permitted by federal law, an agency of this state or political subdivision of this state may allow tribal members, the elderly and persons with disabilities or incapacity of the mind or body to provide documentation as specified in section 6036 of the federal deficit reduction act of 2005 (P.L. 109-171; 120 Stat. 81) and related federal guidance in lieu of the documentation required by this section.
D. Any person who applies for state or local public benefits shall sign a sworn affidavit stating that the documents presented pursuant to subsection A of this section are true under penalty of perjury.
E. Failure to report discovered violations of federal immigration law by an employee of an agency of this state or a political subdivision of this state that administers any state or local public benefit is a class 2 misdemeanor. If that employee’s supervisor knew of the failure to report and failed to direct the employee to make the report, the supervisor is guilty of a class 2 misdemeanor.
F. This section shall be enforced without regard to race, color, religion, sex, age, disability or national origin.
G. Any person who is a resident of this state has standing in any court of record to bring suit against any agent or agency of this state or its political subdivisions to remedy any violation of any provision of this section, including an action for mandamus. Courts shall give preference to actions brought under this section over other civil actions or proceedings pending in the court.
H. The court may award court costs and reasonable attorney fees to any person or any official or agency of this state or a county, city, town or other political subdivision of this state that prevails by an adjudication on the merits in a proceeding brought pursuant to this section.
IH. For the purposes of this section, “state or local public benefit” has the same meaning prescribed in 8 United States Code section 1621, except that it does not include commercial or professional licenses, or benefits provided by the public retirement systems and plans of this state or services widely available to the general population as a whole.
Sec. 7. Joint border security advisory committee; membership; duties; report; delayed repeal
A. The joint border security advisory committee is established consisting of the following members:
1. The president of the senate or the president’s designee.
2. The speaker of the house of representatives or the speaker’s designee.
3. Two members of the house of representatives who are appointed by the speaker of the house of representatives.
4. Two members of the senate who are appointed by the president of the senate.
5. Six members who are appointed by the governor.
B. Committee members are not eligible to receive compensation for committee activities but may be eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2, Arizona Revised Statutes.
C. The president and the speaker of the house of representatives shall each appoint a cochairperson of the committee.
D. The commission shall meet on the call of the two cochairpersons, but no more frequently than monthly.
E. The committee may:
1. Take testimony and other evidence regarding the international border with Mexico.
2. Analyze border crossing statistics.
3. Analyze related crime statistics.
4. Make recommendations designed to increase border security.
5. Make other recommendations deemed essential by the committee.
F. The committee may use the services of legislative staff as required.
G. Beginning November 30, 2010 and each month thereafter, the commission shall submit a written report of its findings and recommendations to the speaker of the house of representatives, the president of the senate and the governor. The commission shall provide a copy of the report to the secretary of state.
H. Notwithstanding any law to the contrary, the committee may vote to go into executive session to take testimony or evidence it considers sensitive or confidential in nature, which if released could compromise the security or safety of law enforcement or military personnel or a law enforcement or national guard law enforcement support operation.
I. This section is repealed from and after December 31, 2014.
Sec. 8. Immigration legislation challenges
A. Notwithstanding title 41, chapter 1, Arizona Revised Statutes, and any other law, through December 31, 2010, the attorney general shall act at the direction of the governor in any challenge in a state or federal court to Laws 2010, chapter 113 and any amendments to that law.
B. Notwithstanding title 41, chapter 1, Arizona Revised Statutes, and any other law, through December 31, 2010, the governor may direct counsel other than the attorney general to appear on behalf of this state to defend any challenge to Laws 2010, chapter 113 and any amendments to that law.
Sec. 9. Conditional enactment
Sections 11‑1051, 13‑1509, 13-2928 and 13-2929, Arizona Revised Statutes, as amended by this act, do not become effective unless Senate Bill 1070, forty-ninth legislature, second regular session, relating to unlawfully present aliens, becomes law.
Fox News: “After making national headlines for a new law on illegal immigrants, the Arizona Legislature sent Gov. Jan Brewer a bill Thursday [April 29, 2010] that would ban ethnic studies programs in the state that critics say currently advocate separatism and racial preferences.”
Arizonans should be asking the question “Why does Arizona Attorney General Terry Goddard refuse to do his job and represent the State of Arizona in major litigation?” A story in the Arizona Republic, says:
“Officials with Attorney General Terry Goddard’s office said Goddard, the state’s chief lawyer, likely would not defend the state in any lawsuits related to the law. . . .'(Goddard) will likely not be involved in the litigation because of his position in opposition to the bill,’ said Deputy Attorney General Greg Stanton.”
Recognizing that Terry Goddard will represent the State of Arizona only if he agrees with the politics of an issue, the Arizona Legislature passed House Bill 2162 on April 29, 2010, to solve the problem. HB 2162 contains the following provisions:
A. Notwithstanding title 41, chapter 1, Arizona Revised Statutes, and any other law, through December 31, 2010, the attorney general shall act at the direction of the governor in any challenge in a state or federal court to Laws 2010, chapter 113 and any amendments to that law.
B. Notwithstanding title 41, chapter 1, Arizona Revised Statutes, and any other law, through December 31, 2010, the governor may direct counsel other than the attorney general to appear on behalf of this state to defend any challenge to Laws 2010, chapter 113 and any amendments to that law.
If HB 2162 is signed by Arizona Governor Jan Brewer, it will constitute an order from the Arizona legislature that Terry Goddard do his job. Goddard recently refused to represent Arizona in a lawsuit to overturn Obamacare and the legislature passed a law allowing the Governor to hire other legal counsel to represent the state in the lawsuit.
See “Arizona Legislature Passes Bill Authorizing Governor Brewer to Hire Outside Legal Counsel to Do Job Arizona’s Attorney General Will Not Do – Sue to Overturn Obamacare” and “Arizona Attorney General Won’t Challenge Obamacare.”
University of Missouri-Kansas City law school professor Kris Kobach, wrote a column that is on the editorial page of the New York Times today. Professor Kobach was involved in drafting Arizona’s controversial new immigration law. He defends the law in his column. He says:
“Presumably, the government lawyers who do so will actually read the law, something its critics don’t seem to have done. The arguments we’ve heard against it either misrepresent its text or are otherwise inaccurate. As someone who helped draft the statute, I will rebut the major criticisms individually:”
See also “Kobach on Arizona’s Immigration Law.”