Memorial Day

Just a brief history of today.

Hey folks,

Memorial Day, originally called Decoration Day, is a day of remembrance for those who have died in our nation's service. There are many stories as to its actual beginnings, with over two dozen cities and towns laying claim to being the birthplace of Memorial Day. There is also evidence that organized women's groups in the South were decorating graves before the end of the Civil War: a hymn published in 1867, "Kneel Where Our Loves are Sleeping" by Nella L. Sweet carried the dedication "To The Ladies of the South who are Decorating the Graves of the Confederate Dead" (Source: Duke University's Historic American Sheet Music, 1850-1920).

While Waterloo N.Y. was officially declared the birthplace of Memorial Day by President Lyndon Johnson in May 1966, it's difficult to prove conclusively the origins of the day. It is more likely that it had many separate beginnings; each of those towns and every planned or spontaneous gathering of people to honor the war dead in the 1860's tapped into the general human need to honor our dead, each contributed honorably to the growing movement that culminated in Gen Logan giving his official proclamation in 1868. It is not important who was the very first, what is important is that Memorial Day was established. Memorial Day is not about division. It is about reconciliation; it is about coming together to honor those who gave their all.

Memorial Day was officially proclaimed on 5 May 1868 by General John Logan, national commander of the Grand Army of the Republic, in his Gerenal Order No. 11 , and was first observed on 30 May 1868, when flowers were placed on the graves of Union and Confederate soldiers at Arlington National Cemetery. The first state to officially recognize the holiday was New York in 1873. By 1890 it was recognized by all of the northern states. The South refused to acknowledge the day, honoring their dead on separate days until after World War I (when the holiday changed from honoring just those who died fighting in the Civil War to honoring Americans who died fighting in any war). It is now celebrated in almost every State on the last Monday in May (passed by Congress with the National Holiday Act of 1971 (P.L. 90 - 363) to ensure a three day weekend for Federal holidays), though several southern states have an additional separate day for honoring the Confederate war dead: January 19 in Texas, April 26 in Alabama, Florida, Georgia, and Mississippi; May 10 in South Carolina; and June 3 (Jefferson Davis' birthday) in Louisiana and Tennessee.

In 1915, inspired by the poem "In Flanders Fields," Moina Michael replied with her own poem:

We cherish too, the Poppy red That grows on fields where valor led, It seems to signal to the skies That blood of heroes never dies.

She then conceived of an idea to wear red poppies on Memorial day in honor of those who died serving the nation during war. She was the first to wear one, and sold poppies to her friends and co-workers with the money going to benefit servicemen in need. Later a Madam Guerin from France was visiting the United States and learned of this new custom started by Ms.Michael and when she returned to France, made artificial red poppies to raise money for war orphaned children and widowed women. This tradition spread to other countries. In 1921, the Franco-American Children's League sold poppies nationally to benefit war orphans of France and Belgium. The League disbanded a year later and Madam Guerin approached the VFW for help. Shortly before Memorial Day in 1922 the VFW became the first veterans' organization to nationally sell poppies. Two years later their "Buddy" Poppy program was selling artificial poppies made by disabled veterans. In 1948 the US Post Office honored Ms Michael for her role in founding the National Poppy movement by issuing a red 3 cent postage stamp with her likeness on it.

Traditional observance of Memorial day has diminished over the years. Many Americans nowadays have forgotten the meaning and traditions of Memorial Day. At many cemeteries, the graves of the fallen are increasingly ignored, neglected. Most people no longer remember the proper flag etiquette for the day. While there are towns and cities that still hold Memorial Day parades, many have not held a parade in decades. Some people think the day is for honoring any and all dead, and not just those fallen in service to our country.

There are a few notable exceptions. Since the late 50's on the Thursday before Memorial Day, the 1,200 soldiers of the 3d U.S. Infantry place small American flags at each of the more than 260,000 gravestones at Arlington National Cemetery. They then patrol 24 hours a day during the weekend to ensure that each flag remains standing. In 1951, the Boy Scouts and Cub Scouts of St. Louis began placing flags on the 150,000 graves at Jefferson Barracks National Cemetery as an annual Good Turn, a practice that continues to this day. More recently, beginning in 1998, on the Saturday before the observed day for Memorial Day, the Boys Scouts and Girl Scouts place a candle at each of approximately 15,300 grave sites of soldiers buried at Fredericksburg and Spotsylvania National Military Park on Marye's Heights (the Luminaria Program). And in 2004, Washington D.C. held its first Memorial Day parade in over 60 years.

To help re-educate and remind Americans of the true meaning of Memorial Day, the "National Moment of Remembrance" resolution was passed on Dec 2000 which asks that at 3 p.m. local time, for all Americans "To voluntarily and informally observe in their own way a Moment of remembrance and respect, pausing from whatever they are doing for a moment of silence or listening to 'Taps."

The Moment of Remembrance is a step in the right direction to returning the meaning back to the day. What is needed is a full return to the original day of observance. Set aside one day out of the year for the nation to get together to remember, reflect and honor those who have given their all in service to their country.

But what may be needed to return the solemn, and even sacred, spirit back to Memorial Day is for a return to its traditional day of observance. Many feel that when Congress made the day into a three-day weekend in with the National Holiday Act of 1971, it made it all the easier for people to be distracted from the spirit and meaning of the day. As the VFW stated in its 2002 Memorial Day address: "Changing the date merely to create three-day weekends has undermined the very meaning of the day. No doubt, this has contributed greatly to the general public's nonchalant observance of Memorial Day."

On January 19, 1999 Senator Inouye introduced bill S 189 to the Senate which proposes to restore the traditional day of observance of Memorial Day back to May 30th instead of "the last Monday in May". On April 19, 1999 Representative Gibbons introduced the bill to the House (H.R. 1474). The bills were referred the Committee on the Judiciary and the Committee on Government Reform.

To all those that paid the ultimate price, and to all the families that have endured, THANK YOU!
Peter

Dennis Hopper, Gary Coleman, and Celina Okwuone

What a list we have.

Hey folks,

Happy Sunday to you. Welcome to the Big Sunday edition of the OPNTalk Blog. I am Peter Carlock. Your Provocateur of thought, and this IS your gateway to Truth, Logic, and Reason, in the insanity that surrounds us. Your simplification of the complicated. Seriously, what a list we have. Dennis Hopper, Gary Coleman, and Celina Okwuone. God speed to all, may their families and loved ones have the peace and comfort they need in this time.

Gary Coleman. Many will remember Gary Coleman for his role on Different Strokes and many have been shocked by his untimely death at age 42. Coleman died after going into a coma after a fall, which may have caused or was the cause of a brain hemorrhage.

Dennis Hopper. Dennis Hopper, whose portrayals of drug-addled, often deranged misfits in the landmark films “Easy Rider,” “Apocalypse Now” and “Blue Velvet” drew on his early out-of-control experiences as part of a new generation of Hollywood rebel, died at his home in Venice, Calif., on Saturday, of prostate Cancer. He was 74.

Celina Okwuone. Celina Okwuone committed Suicide in her bedroom closet after finding life too difficult to live. She was ELEVEN years old. More on her in just a few minutes.

Coming right up today?

Family blames 11-year-old girl's suicide on cruel kids
Iran Happy, Israel To Blame, Israel Says Screw You
HAIs and Prevention
DLA For Sunday 053010
IWA For Sunday 053010

Yes we ARE going to talk about Celina Okwuone in more detail in just a second, and many of you may not like the position that I'm about to take. However, this does not change the FACTS in this case. I blame the Parents.

Here is something else going on. Turns out that thousands protested in Phoenix.

Under a broiling desert sun, tens of thousands of protesters on Saturday slowly marched five miles to the state Capitol to rally against Arizona's controversial new immigration law.

According to the AP - Thousands in Phoenix protest Arizona's immigration law

There was no official crowd estimate, but the march was by far the biggest demonstration since Gov. Jan Brewer signed SB 1070 into law on April 23. The law makes it a state crime to lack immigration papers and requires police to determine the status of people they stop and suspect are in the country illegally.

How many WERE Illegal? How many actually READ the Law? The MAJORITY in this country are FOR this Law. Many are about to have a Buycott in Arizona. Good for them.

Going to fill my cup. Today's Coffee of the Day is Brother's Gourmet Coffee, Chocolate Swirl. You can enjoy this great coffee as well from your local Grocer, Bookstore, and or, buy it HERE. Don't forget, you can also follow me on Twitter - peteropntalk, Facebook- Peter Carlock, Tom Sullivan Radio Listener's Club, and as always, you can Email me at opntalk@gmail.com.

Be right back.
Peter

Family blames 11-year-old girl's suicide on cruel kids

WHERE WERE THE PARENTS?!?!

Hey folks,

I'm sorry, but this is just patently absurd to me. Sad, horrifying, and something NEEDS to be done. Look at this sweet little girl.

Celina Okwuone

Why are we now in mourning over this little girl? Why did I have to wish HER God speed with Gary Coleman? Well, according to her Parents, it was because she was bullied. Yes folks. They blame the other kids. Just wait, they will try to sue the School. Maybe it's just society itself. I have a question. WHAT ABOUT THEM?!?! When are they going to start blaming who is REALLY at fault here. THEM!

According to the Palm Beach Post - Family blames 11-year-old girl's suicide on cruel kids

Eleven-year-old Celina Okwuone kissed her parents good night last week and then hanged herself in her bedroom closet, driven to despair by the cruelty of her fifth-grade classmates, her family said Thursday.

By the time her parents forced their way into her room, at about 11:30 p.m. on May 20, it was too late. The bright little girl who liked bubbly pop songs, serial novels and TV musicals dangled lifelessly from a belt tied to a metal shelf.

OK. First thing, she is ELEVEN. Second, and the first question I would ask if I was a Detective investigating this, "Why"? I'm not kidding. I put Josh to sleep at night, once in a blue moon, I MAY peek in on him. Most of the time, I see him again when he gets up in the morning. So WHY at 11:30 pm, did they find it necessary to "force themselves into her room?" What was the reason they wanted to see her AFTER she kissed them and went to sleep?

She left behind a series of dark and disturbing diary entries and, on her cellphone, a string of text messages from children who jeered at her weight or her taste in music or labeled her "ugly," "blacky" or "b----."

The Parents never checked that? They must have known about the Diary. They never read it? Why?

Dr. Celestine Okwuone, a physician with staff privileges at Lawnwood Regional Medical Center and Heart Institute, and his wife, Ileana, described their daughter as a sensitive and vibrant child who wanted nothing more than to fit in.

What did they teach her about self esteem? Why, did she feel the need to fit in so desperately bad that it cause her unimaginable pain and suffering that she felt the only way out was through Suicide? Where is the foundation that these Parents laid for her? She was ELEVEN YEARS OLD!!

Instead, the parents said in a statement Thursday, Celina endured the ridicule and scorn of other students at St. Anastasia Catholic School in Fort Pierce until it became too much for her.

Kids being kids. We all go through these types of things in school.

The statement was circulated just after Port St. Lucie police announced that bullying, as defined by Florida statutes, played no part in the girl's death. Florida law defines bullying as "systematically and chronically inflicting physical hurt or psychological distress on one or more students."

OK, so what DID?

"We know that harm was done, whether it can be proven in a court of law or not," the parents said. "We called our daughter Celina our supernova, our shining star. She was vibrant and active and so wanting to be liked."

Just trying to pass the blame here. They did not know anything THIS drastic was wrong with THEIR Child? Were they too busy to deal with it? WHY, did THEY allow this to get to this point. WHERE were THEY?

Flipping through Celina's diary, detectives found a sketch of a hanged figure visited by the Grim Reaper and a poem Celina wrote about ending her life, police spokesman Tom Nichols said. Heaven, one entry suggested, would be a better place for her than Earth.

Celina also told at least two friends of a desire to hang herself, Nichols said. But after reading her diary and the text messages and interviewing her family, friends, neighbors, teachers and fellow students, investigators concluded that no laws were broken.

"A thorough investigation did not indicate any evidence of bullying," said Nichols, who described the text messages as "cruel" but not criminal.

The Parents would have seen all this, had they cared to snoop. Nothing wrong with Snooping in an ELEVEN YEAR OLD'S Diary. Did the Friends say anything? To whom? WHERE WERE THE PARENTS?!?!

Celina's parents said they were "disturbed by the police department's findings," adding that the suicide might have been prevented.

It's getting difficult for me to finish this thing. I want both these Parents brought up on charges for neglect. To say the least. Yes. This may have been prevented. Not by the Police, not by the school, but by YOU! The PARENTS.

"What happened last Thursday in school, and then that night over the phone, with text messages, and online - also what led up to that night over the past two years was nothing short of bullying," they said, noting they had brought concerns repeatedly to Celina's teachers and principal. "Nothing can ever bring our daughter back, but we can make changes. Parents need to speak up, not fear that talking will make it worse."

Again folks. at 9, she had Internet Access, a Cell Phone, and most likely none of the was monitored by the Parents. Two years? They knew about this for two years? Why not, if it were REAL, move. Why not change her school? If it was so egregious, then THEY should have done more than just complain. Two years? Then this should have NOT surprised them. Right. THEY allowed this to go on for two years. THEY are to blame.

But no. Of course they want to sue the School. They want someone to paid for THEIR neglect.

In a statement issued last week on St. Anastasia's behalf, the Diocese of Palm Beach said the school was mourning for Celina. "We ask for continued prayers for the student's family as well as the entire community during this difficult time of loss," the statement said.

Celina's parents called on the school to "take a more active approach to bad behavior" before describing their life as a "living hell."

"We love you," the parents said. "We will miss you forever until our hearts no longer beat. Please, God, let no other child suffer like our little girl."

Alright, I feel sick to my stomach now. If anything happen to Josh to drive him to the point of Suicide, the very FIRST person I would blame is ME. I AM the Parent. He IS MY Child and MY responsibility. Not the Police. Not the School system. Not OTHER Parents of OTHER kids. ME and Josh. These Parents looking to blame everyone else is just absurd. Suing the School, blaming the Police, and taking in their 15 minutes of Fame over the loss of this Sweet Little Girl is sickening to me. Time for someone to truly start asking "Why?".
Peter

Sources:
Palm Beach Post - Family blames 11-year-old girl's suicide on cruel kids

Iran Happy, Israel To Blame, Israel Says Screw You

As well they should.

Hey folks,

This is just completely asinine. According to the BBC - Iran narrowly wins UN nuclear battle Page last updated at 13:23 GMT, Saturday, 29 May 2010 14:23 UK By Paul Reynolds World affairs correspondent, BBC News website

Israel was the big loser in the nuclear review conference in New York - and Iran the big winner.

The cause of nuclear non-proliferation was haltingly served in that the conference did reach a consensus, unlike the last time, and a number of watered-down measures were agreed to seek ways of strengthening the nuclear Non-Proliferation Treaty (NPT). But overall, there was not the decisive strengthening that some states wanted.

Instead, governments rallied round one objective - the concept of a nuclear weapons-free zone in the Middle East. This was first called for 15 years ago but until now neglected.

And what is anyone doing to ensure that Iran does not accomplish it's goal to create Nuclear Weapons with the INTENT to USE them against Israel and US?

To its annoyance, Israel found that the US did not block a proposal to hold a one-off conference in 2012 on setting up such a zone. In addition Israel was named for not being a party to the treaty and for not having its nuclear activities under international inspection. Being named like this is always regarded as a diplomatic defeat.

It will produce further soul-searching about the relationship between Israel and the US administration of President Barack Obama, which has often been tense and which will now be more so. Israel has already denounced the agreement as "hypocrisy".

As I keep telling you, Obama is no friend to Israel. He is too busy cosying up with our Enemies.

Mr Obama came out with a statement afterwards that spoke of the US being "strongly opposed" to efforts to "single out Israel" but he did not use the veto available to him.

Idiot. Why not use the Veto? Because he AGREES with those that hate us, and want Israel to just go away.

Whether the conference will be held is debatable (conditions are already being attached) and whether it will do anything practical is doubtful. Israel opposes any nuclear-free zone until there is a comprehensive peace. So does the US.

Obama could have Vetoed it. But didn't.

Iran prepared

Arab countries, led skilfully by Egypt, managed to manoeuvre the US into agreeing. Washington did not want to be blamed for wrecking the conference. It would have undone much of the goodwill that Mr Obama has engendered over the past year through his efforts to reduce the American stockpile of nuclear weapons and to reconfigure US nuclear policy.

On the other hand, Iran was not named, despite being in violation of instructions both from the IAEA, which administers the nuclear non-proliferation treaty, and the Security Council that it should suspend the enrichment of uranium. Instead there were a couple of references to countries not being in compliance and since Iran is the only such state, Iran is meant. But it is not named. Iran would have blocked the necessary consensus if it had been.

{Sigh}

So it is no surprise that Israel said "Screw You." Is it? I would have. Also according to the BBC - Israel rejects Middle East nuclear talks plan
Israel says it will not take part in a conference aimed at achieving a nuclear-arms free Middle East, proposed at a UN meeting in New York.

Nearly 200 nations, signatories of the Nuclear Non-Proliferation Treaty (NPT), backed plans for the meeting in 2012.

In a document agreed at the talks, Israel was singled out for criticism.

Israel, which has not signed the NPT, dismissed the document as "deeply flawed" and "hypocritical".

"It ignores the realities of the Middle East and the real threats facing the region and the entire world," the Israeli government said in a statement quoted by the AFP news agency.

"Given the distorted nature of this resolution, Israel will not be able to take part in its implementation."

I really want you to think about this. You move into a neighborhood, the property of your Grandparents. A few years later, someone forms a Homeowners Association. I HATE Homeowner Associations. But they decide that your neighbor is rightfully owed your Property, and that YOU are the Problem, yet, they would love it if you came to the meeting and defended yourself.

Now you already know that your one neighbor that was your friend has moved out, replace by someone that is always siding with your other neighbor that wants you moved out and or dead, so they can have your property. They are even actively engaged in creating a method to eliminate you. No one is trying to stop them. You already know that the Homeowners Association's goal is against your betterment. So what do you do. You say "Screw you." Why bother?

The UN is anti-Semitic. Obama and Crew are anti-Semitic. No one seems real interesting in stopping Iran from Nuking up. So why bother? I'm with Israel on this one. Benjamin Netanyahu's main objective HAS to be for the People of Israel. Israel has to protect Israel, because it is clear that they can no longer rely on US. It really is just that simple.
Peter

HAIs and Prevention

Health and Science for Sunday 053010

Hey folks,

So what is the last thing you want when you go to the Hospital or any other Medical Facility? To get SICKER. Of course. But there are some sickness than you can ONLY get in a Medical Setting. There are called HAIs, or Healthcare Associated Infections.

Imagine going into the Hospital for, oh, I don't know, say Gallbladder Surgery, and all of a sudden, you have Staph or another sickness that you didn't have coming in. Some estimate that the cost for HAIs is somewhere in the Billions a year. So why is someone not doing something about it?

Well, there are. One such Organization is Kimberly-Clark. This from their Website.

When someone develops an infection at a hospital or other patient care facility that they did not have prior to treatment, this is referred to as a healthcare-associated (sometimes hospital-acquired) infection (HAI).

Healthcare-associated infections (HAIs) are a global crisis affecting both patients and healthcare workers.

According to the World Health Organization (WHO), at any point in time, 1.4 million people worldwide suffer from infections acquired in hospitals.

A Centers for Disease Control (CDC) report published in March-April 2007 estimated the number of U.S. deaths from healthcare associated infections in 2002 at 98,987.

The risk of acquiring healthcare-associated infections in developing countries is 2-20 times higher than in developed countries.

Afflicting thousands of patients every year, HAI often leads to lengthening hospitalization, increasing the likelihood of readmission, and adding sizably to the cost of care per patient.

Financially, HAIs represent an estimated annual impact of $6.7 billion to healthcare facilities, but the human cost is even higher.

Until recently, a lack of HAI reporting requirements for healthcare facilities has contributed to less-than-optimal emphasis being placed on eliminating the sources of healthcare associated infections. However, growing public anxiety regarding the issue and resulting legislation on state and local levels demanding accountability is serving to accelerate initiatives to combat HAIs.

To learn more about the impact of healthcare-associated infections for both medical professionals and patients, please visit www.haiwatch.com.

So what are they doing? "Not On My Watch." According to their Website.

To protect patients by reducing the risk of HAI, healthcare professionals must continually update their knowledge of infection management.

As part of an ongoing commitment to quality care and infection prevention, nationwide doctors and hospitals are partnering with Kimberly-Clark to deliver continuing education programs on healthcare-associated infection (HAI) prevention to staff and management. As simple as education sounds, busy doctors and nurses on the front lines of delivering care can find it difficult to find the time to take advantage of scheduled programs within their hospitals.

The HAI Education Program is part of a national infection awareness campaign for healthcare professionals called “Not on My Watch” and will provide the facility with a toolkit that contains informational flyers, patient safety tips and posters.

The "Not on My Watch" campaign provides accredited continuing education (CE) programs based on best practices and guidelines as well as research available on reducing the incidence of healthcare-associated infections.

For details about the "Not On My Watch" campaign, and the HAI Education Bus please visit www.HAIwatch.com.

I don't know about you, but the last thing I want to do at a Healthcare Facility is get sicker. For more information about Kimberly-Clark or the "Not On My Watch" campaign, go to their Website and check them out. It will be well worth your time.
Peter

DLA For Sunday 053010

A Huge Private Corporation. Evil? Nope.

Hey folks,

Tomorrow is Memorial Day. A day where we set aside a few moments to remember and Honor those that have paid the Ultimate Price, giving their Lives for this Great Country. Our Brave Men and Women of the Armed Services.

Now it's pretty common, anywhere you go today, or tomorrow morning, you will find all kinds of sales on Meat, Charcoal, BBQ Sauce, Soda, Beer, ETC. But one Supermarket that you may go to will make an announcement at 3 pm, reminding all in the Store WHY this day is so important.

Stater Bros. Supermarkets to Participate in National Moment of Remembrance at 3 p.m. on Memorial Day

SAN BERNARDINO, Calif., May 28 /PRNewswire/ -- On Memorial Day this year, all 167 Stater Bros. Supermarkets will participate in the "National Moment of Remembrance." At exactly 3 p.m. on Monday, May 31, every Stater Bros. Store Manager will make an announcement to all the customers and employees who are inside the supermarket at that time to pause for 60 seconds to honor those Americans who have died for the freedoms we all enjoy.

Established by Congress in 2000, the White House Commission on Remembrance encourages Americans to remember those who died in service to our country through acts of remembrance throughout the year. This commission sponsors the National Moment of Remembrance on Memorial Day to promote national unity.

Jack H. Brown, Chairman and CEO of Stater Bros. stated, "Memorial Day was originally established to commemorate America's fallen men and women. Stater Bros. would like to do our part to remind our customers and employees that this is still a sacred and noble holiday and a time when we can all connect as Americans."

Stater Bros. was founded in 1936 in Yucaipa, California, and has grown steadily through the years to become the largest privately owned Supermarket Chain in Southern California and the largest private employer in both San Bernardino County and Riverside County, with annual sales in 2009 of $3.77 billion. The Company currently operates 167 Supermarkets, and there are over 19,000 members of the Stater Bros. Supermarket Family. Last year, Stater Bros. donated more than $14 million in support of nonprofit organizations in the communities it serves and is the proud recipient of the "2010 Community Service Award" from America's Supermarket Industry.

STATER BROS. MARKETS...SERVING SOUTHERN CALIFORNIA FAMILIES FOR OVER 74 YEARS

Makes me want to live in California. Congratulations Jack H. Brown, Chairman and CEO of Stater Bros., you are the winner of the Display of Logic Award for this Week. I'm happy to see that you want to take 60 seconds out of your busy day, just to remind everyone about the Importance of this day. You Sir. are a true Patriot. Thank you.

Oh, and I'm sure they have some of those great sales going on as well. {Smile}
Peter

IWA For Sunday 053010

I know, blatantly obvious and way too easy.

Hey folks,

Time to wrap thing up with the Idiot of the Week. This week is a multi time winner and one that most likely deserves to be the idiot of the Week nearly every week. However, this latest move just proves two things. One, he has no idea what he is doing. What the Job description actually is. Two, he doesn't care.

Now I could easily award him because this is his second Vacation since the the BP oil spill began. While saying this.

"I will not rest until this is resolved." and "This is what I wake up to in the morning, and this is what I go to bed at night thinking about." Or the ridiculous story about his Daughter poking her head in the bathroom, asking him, "Did you plug the hole yet, Daddy?"

Yet off to his SECOND Vacation he goes.

OR

I could award him the Idiot of the Week for skipping out on Arlington. Yes, on Memorial Day, during a time of War, he decided, "Screw it, I'm going on Vacation. I do not have time for such nonsense." Of course he did not say that in words, but that IS exactly what his actions DO say. You know what they say, actions speak louder than words.

Fox News has an excellent piece on this. According to Fox News.com - Stressed Out or Tone Deaf? Obama Chicago Vacation Raises Eyebrows

Presidents are never really off the clock, even when they go on vacation. But President Obama's decision to skip the traditional Memorial Day ceremony in Arlington while on his second vacation since the BP oil spill began has some wondering what the schedule says about his priorities.

On "vacation," Obama still holds staff meetings, occasionally attends local events and often gets his "relaxation" time swallowed up by pressing national and international business -- his vacation to Hawaii in December coincided with the attempted Christmas Day airline bombing. The retreat this weekend is marked by a side-trip to Louisiana to inspect the damages from the oil spill.

How horrible for him. Damn shame that the PRESIDENT has to take time out to deal with MAJOR issues and BE President. How many of you haven't had a Vacation for a while? Are you President? Is his job not more important than yours? I know it should be more important than mine.

But some conservatives, still smarting over the criticism George W. Bush fielded for his frequent trips to Crawford, Texas, say Obama's trip to Chicago over Memorial Day weekend is conspicuously poor in its timing.

Obama, who was headed to Chicago Thursday night, will not be at Arlington National Cemetery for the Memorial Day ceremony -- which he attended last year. Instead, the president plans to be at Abraham Lincoln National Cemetery in Elwood, Ill., while Vice President Biden takes his place in Arlington for the wreath-laying at the Tomb of the Unknown Soldier.

Yeah, that's what you think of during Memorial Day. Abraham Lincoln National Cemetery in Elwood, Ill. Idiot.

Pete Hegseth, director of the conservative Vets for Freedom, said he doesn't want to "extrapolate too much," but questioned why a war-time president would not pencil in that ceremony.

"It doesn't mean he doesn't care, but I think it is a reflection of priorities," he said. "We're still at war ... and he's not called out to the carpet on that."

Dana Perino, former Bush White House press secretary, called the decision a "curious choice."

"I do think that symbolically that probably was not a very good choice," she told Fox News.

It's because he DOESN'T care. He never has cared about the Troops. We have talked about that at length. He DOESN'T care. Let's start circling now. Damage control, DAMAGE CONTROL!!!!

The Arlington visit is a fairly recent tradition. Former President Ronald Reagan attended four of them in his eight years in office, while former President George H.W. Bush sent Vice President Dan Quayle to every one. Former President Bill Clinton, though, attended every year and George W. Bush missed only one, in 2002, when he was in Normandy, France, visiting the American cemetery.

Philip Molfese, a Chicago-based Democratic political consultant, said Obama will still be able to "pay tribute" at the Lincoln National Cemetery. And he dismissed the idea that Obama would somehow be stepping away from the oil spill crisis in the Gulf while in Chicago. The president plans to visit the Gulf coast Friday before returning to the Windy City.

"He's never really out of touch with what's happening," said Molfese, president of the political firm Grainger Terry, Inc. "These guys are never off the clock. ... They're constantly surrounded by people, they're constantly getting updates. Whether they're operating in Chicago or they're operating in the White House, they're still going to be getting constant communication."

The White House has tried to fend off suggestions that it has not acted forcefully enough to mitigate the damage from the oil spill -- Obama held a full-scale press conference Thursday afternoon where he spoke extensively about mitigation efforts.

The Obamas have not made an extensive visit to Chicago in more than a year and in a sense are trying to make good on prior pledges to visit their home town more often. But critics point out that the trip is their second since the Gulf oil rig exploded April 20 -- the first family traveled to Asheville, N.C., that weekend.

This IS Obama. This IS who he IS. Obama first, any and EVERYTHING second, or whenever he gets to it. Don't worry, he thinks he is really good at rewriting history. So if he takes too much flack about anything, the dutiful MMD {State Run Mass Media Drones} will cover it up, make excuses, and of course HELP in the rewrite.

There are many specific reasons I could award him the IWA, but I think I will award him it for just being who and WHAT he is. Congratulations Obama, you ARE the idiot of the Week. Happy Vacationing.
Peter

Sources:
Fox News - Stressed Out or Tone Deaf? Obama Chicago Vacation Raises Eyebrows

Ban on Offshore Drilling and Exploration

Told you Obama and Crew would USE this accident to further their agenda.

Hey folks,

The first week of March, we learned this.

WASHINGTON, D.C., Mar 8 - After more than a year of delays, Secretary of the Interior quietly announced last week that the Obama Administration will discard the 2010-2015 lease plan for new development on the Outer Continental Shelf (OCS) and wait until 2012 to put a new plan in the place. This means that the Administration’s initial six-month delay has turned into a three-year moratorium on new offshore drilling. Even if a new lease plan is implemented by July of 2012, no new lease sales will occur during President Obama’s term in office. It will also mark 45 months since Congress first lifted the moratorium.

So WHY is this such a surprise NOW. He and the Kooks he is beholden to, are using this accident as an excuse to do what they have wanted to do the whole time. BAN Drilling. Kill the industry. Raise prices. All this in some kind of misguided, and completely ignorant attempt to "speed up" Alternative Energy creation.

We have already talked about this. There is nothing out there. I did the math for you just this past Wednesday. $4.00 to $5.00 gallon gas is NOT sustainable to most average working Americans. We saw how $4.00 was pretty much the tipping point. Yet NOW? You had better hope that $5.00 is as high as it goes.

This is completely ignorant and immature to ban all Offshore Oil Drilling, and Exploration. But then again, we DO have an ignorant and Child like person PLAYING President. Seriously, regardless of what you hear about his brilliance, minus ANY proof of the matter, Obama is a Dumcuf who wants to be Ruler. He is an Idiot.

Now to someone who can NOT say things like this, yet is more qualified than ANYONE in this Regime to talk about this issue, API President Jack Gerard, testified before Congress about the accident in the Gulf. Here is the text of his testimony.

Good morning Chairman Rahall, Ranking Member Hastings, and members of the committee.

I am Jack Gerard, President and CEO of the American Petroleum Institute. API has about 400 member companies, which represent all sectors of America’s oil and natural gas industry. Our industry supports 9.2 million American jobs– including 170,000 in the Gulf of Mexico related to the offshore development business– and provides most of the energy we need to power our economy and our way of life.

The tragic and heartbreaking accident in the Gulf was unprecedented, and our thoughts and prayers go out to the families who lost loved ones, to the workers who were injured, and to all of our neighbors in the Gulf who were affected.

The response to the accident has also been unprecedented. Industry and government were on the scene immediately and massively. Many thousands of people have been working long and hard to control and halt the release of oil and protect the shoreline.

Our work will not end until we stop the flow of oil, clean up the environment, understand the causes, and correct them. We owe that to our employees and their families, and we owe it to our country.

Safety is a core value for the U.S. offshore oil and natural gas industry. Companies and employees understand the significant risks of working in the challenging offshore environment and place a strong focus on safety training, procedures, and equipment.

Offshore workers are the first line of defense against oil spills and other accidents on rigs and platforms. These hard-working, conscientious professionals are schooled in how to protect themselves and the environment. They actively observe each other’s behavior and remind their co-workers about safe operating practices. They work under a comprehensive suite of regulatory standards and frequent inspections that further reinforce their safety ethic.

The industry’s commitment to safety is real and strong, but the April tragedy in the Gulf clearly demonstrates there is more work to be done. All of us realize we must do better.

The process of improvement has already begun with the formation of industry task forces, which provided input to the U.S. Department of the Interior on improving offshore equipment and offshore operating procedures. Their work will complement Interior’s Outer Continental Shelf Safety Oversight Board and lead to enhancements to existing API standards and possibly to new API standards. API has helped create numerous standards on safety, which we provide free of charge to all. The API standards program is accredited by the American National Standards Institute, the same independent organization that accredits programs at some of our federal laboratories.

A commitment to safety improvement is vital because more domestic production of oil and natural gas both onshore and offshore is critical to jobs for Americans, a stronger economy, and enhanced energy security.

The tragic accident in the Gulf doesn’t change the reality that demand for energy isgrowi ng and that we’ll need more oil and natural gas to help meet that demand in the coming decades. Offshore production from the Gulf of Mexico plays an important role meeting demand today, accounting for 30 percent of the nation’s total domestic oil production and 11 percent of domestic natural gas production. Approximately 70 percent of the oil and 36 percent of the natural gas produced in the Gulf come from deepwater exploration.

We fully support President Obama’s plans for an independent presidential commission to investigate the spill. At the same time, we urge our policymakers to be careful in their approach so that any policies enacted don’t have unintended consequences for our nation and our recovering economy. Proposals to halt or restrict offshore energy projects could result in hundreds of thousands of lost jobs, including many in the Gulf States, billions of dollars of lost government revenue, and a sharp decrease in our country’s energy security.

President Obama and Interior Secretary Salazar struck the right balance when they recently reaffirmed the importance of domestic oil and natural gas production to the nation’s strategy for energy and economic security.

Permanently shutting down an entire program or system, whether it’s our interstate highway system, our space program or our airways is never an option when there’s an accident or tragedy. Doing so when it comes to offshore oil and gas activity shouldn’t be an option either.

We can safely and reliably produce the oil and natural gas we’ll need at home. For more than 60 years, our industry has developed the ample natural resources that lie off our coasts and, with rare exceptions, has done so in a safe, environmentally responsible way. We will address the safety issues related to this accident and continue to provide the energy our nation needs, keeping jobs and revenue at home while enhancing our energy security.

It is important to take the time to understand the causes of the accident as we work to improve the safety and reliability of offshore oil and natural gas development. This knowledge will help the industry raise the bar on our performance and better inform policy choices related to offshore development. We will continue to support the Department of the Interior, other agencies and the President’s independent commission in their efforts to learn what caused this accident.

This concludes my statement, Mr. Chairman. I welcome questions from you and your colleagues. Thank you.

You know, one thing does fall into the "obvious realm" for everyone BUT the State Run Media. Who will NEVER ask Obama this question. The API President just said this to Congress.

"Our work will not end until we stop the flow of oil, clean up the environment, understand the causes, and correct them. We owe that to our employees and their families, and we owe it to our country."

Obama just said in his Press Conference?

"This is what I wake up to in the morning, and this is what I go to bed at night thinking about."

He also says he will not rest until this is resolved, uh, after his Vacation. Right? He doesn't even have time to Honor our Nations Fallen Heroes at Arlington. He does have to rest. It's hard work playing Dictator you know.

So what does API President think of this completely absurd decision to Ban Off Shore Drilling?

"We understand the concerns many people have about offshore drilling in the wake of this incident, and the frustration many feel toward oil companies. But this issue is much larger than the oil industry, since access to affordable energy impacts every sector of our economy, every state in our nation and every American family. Further, thousands of products - from toothpaste to iPods, cell phones to computers, and vitamins to vegetables - use oil and natural gas as a feedstock in the manufacturing process.

An extended moratorium on safely producing our oil and natural gas resources from the Gulf of Mexico would create a moratorium on economic growth and job creation--especially in the Gulf States whose people and economies have already been most affected by the oil spill--by undercutting our nation's access to affordable, reliable, domestic sources of oil and natural gas.

Deepwater development is a key component of domestic energy security. In 2007, deepwater provided 70 percent of the oil and 36 percent of the natural gas from overall federal Gulf of Mexico production. The 20 most prolific producing blocks in the Gulf are located in deepwater.

Additional moves to curtail domestic production by postponing exploration and development off the coasts of Alaska and Virginia, as well as areas in the Gulf, have the potential to significantly erode our energy and economic security.

Decisions that impact the industry's ability to produce the oil and natural gas this country needs in every sector of our economy and in every household in this country will affect the lives of every citizen, every day. We will encourage the administration and Congress to reconsider any decisions that would place previously available lease areas off limits, and to ensure that there is a process and a timeline for revisiting decisions that impact our energy and economic future."

Folks, you do not need Jack Gerard, Me, or anyone else to tell you what is coming. We have been there. In a very SMALL scale compared to that of which is coming. Yes, it is coming, and it is ORCHESTRATED to come this way. It is ON PURPOSE!

November is coming. 2012 is coming. If we have any hope in survival, we need to throw this Regime out, and put Adults and those with a IQ higher then First grade in there. We need someone who actually CARES about this Country, and someone who understands what REALITY is. Some one who is WIDE awake, and not living in Dreams. We need Sanity.
Peter

API - Website

Energy Tomorrow - Website

Doing The Math On the Green Dream

Viablity, and sustainablity, are just not there.

Hey folks,

Yesterday I said this.

The DREAM that is Alternative Energy. A "Greener Planet" that will be a Utopia. No Oil. Just Wind, uh, I mean Solar,,Uh, no wait, Uh, I mean Electric, no, uh, PEANUT BUTTER!!!! Oh never mind. Just trust us. We need to stop using Oil. We need Alternatives. So we stop using Oil, we can start using Alternatives sooner. IF no one can get around, heat their homes, and well, do much of anything, then they will be forced to find another way fast. {Sigh}

These insane people, whom lack the ability to reason, are of course using this accident in the Gulf to further SELL this Dream to the ignorant populace. You know, those who ALSO do not have the ability to apply logic, or reason.

I warned you that this is NOT just about BP or this accident.

The problem is the word "AND." I also have a problem with the word "Bipartisan" also. RINOs do not make things "Bipartisan." It just gives the Left cover to do whatever they want. But it is the word "and" that you need to pay attention to here. It is the "Bipartisan" National Commission on the BP Deepwater Horizon Oil Spill, stop, "and" Offshore Drilling.

I wrapped it up with this.

But this is who they are. Obama's Chief of Staff did say “never let a good disaster go to waste”. This is EXACTLY the sort of thing he was talking about. Do not get lulled into the Dream. Deal with reality. This is a bad accident. True. One in DECADES of Drilling. Two. There is NO UTOPIA where Cows do not fart, people do not breath, and the World runs on Wind and Sunshine. There are NO Alternatives to switch TO! Will increasing Energy Costs speed up the reality of Alternatives? I'll answer THAT tomorrow. Do the Math. See you then.

OK so let's do some Math. You know, the real world vs the DREAM that is "Green." Obama and Crew, the Enviokooks, and those that have been lulled to sleep, want you to believe that higher energy prices will "encourage" us to find Alternatives faster,. They want you to think that sticking it to the big bad oil Companies, that they will speed up the process of us going "Green" and save the Planet. Problem is, this is NOT reality.

The truth is, no matter how aggressive the estimate, we are somewhere between 15 to 20 years from having ANYTHING that, IF found to work, will be produced on a mass scale that is viable to ALL. We do not even have anything that has been proven to be a POSSIBLE viable alternative. Both Wind and Solar have consistency issues, affordability issues, and have NEVER even been tried on a large scale. Anything else out there is in the conception stage at best. People are "thinking" about it. Talking about the "What ifs." THERE IS NOTHING OUT THERE. Meanwhile, the world runs on Oil.

Some want us to stop ALL exploration and drilling NOW. This deep horizon accident plays right into their agenda. The have forgotten the HUMAN element, you know, the eleven HUMANS that lost their lives, to further their insane agenda of a Green Dream. But as with nearly ANY Liberal Loon Dream, the reality begs to differ.

We learned the last time, that $4.00 a gallon was pretty much the tipping point. THAT will be CHEAP if Obama and the Loons get their way. But for easy understanding and discussion sake, let's just say gas goes up to $5.00 a gallon. After Obama and the Loon impose Cap and Tax, new regulations to "Prevent this from ever happening again," which we all know is complete BS, and perhaps even Government take over of some of the Oil Companies. Trust me, $5.00 a gallon is a LOW estimate.

OK. You make say $50,000 a year. I know, I know, many make less. Then imagine what THEY will be dealing with. You see, the price at the pump is commensurate. It doesn't matter if you make $20 K or a Million. So lets go with $50,000.

You make $50,000. Lets say you pay 30 percent in tax. Now you BRING HOME, which we all know is the only thing that really matters in the REAL world, $35,000. Lets say you travel about 20 minutes each way to work. You fill up twice a week, lets just use a 10 gallon tank for example. At $5.00 a gallon, that's $50 bucks, times 2, $100 a week, 52 weeks a year? Yup. $5200 a year. Now you are at $29,800. That is just to go to work. Now add in there that "necessarily Skyrocketed" electric bill for your home? You pay $150 now? The estimate is 37 percent, so now you pay $205.50 times 12? $2,466 You now have $27,334. How much is your rent or mortgage? Phone? TV? Computer? Water? Do you own a Car payment? Insurance? Have any debt obligations?

Now these are REALLY conservative numbers. Easy Math for understanding. When is the last time you saw a ten gallon gas tank? Point is, your average everyday working stiff can not afford $4.00 a gallon let alone anything more than that. Then of course add in the INCREASED cost of EVERYTHING. Remember when we WERE at $4.00? EVERYTHING in the stores HAVE to go up due to transportation costs. Now imagine this the norm? For something like the next 15 to 20 years?

The Green Dream is nothing like the Nightmare of reality. Then if you add in the "value-added tax?" Some are still talking about that. Folks, Obama and those in Congress do not give a rat's, uh, tail, about the price at the pump. One, most of them are Millionaires. Two, they do not pay for their gas. YOU do. They do not care what it costs. It doesn't effect them. It DOES effect you. But they do not care. After all, we have to save the Planet. Right?
Peter

Selling The Dream

From the Energy Front for Tuesday 052510

Hey folks

The State Run MMD {Mass Media Drones}, sold us on a Dream called Obama. They used the usual ingredients. Not Bush. Peace not War. Closing Gitmo. The World will love us. The poor will no longer be poor. The Rich will no longer be rich. All will be equal and there will be peace in the world. We were even told that the Sea Levels would cease from rising to lethal levels. A Utopia will be ushered in, all because Obama, the first Black Man to be, will become President. Hope and Change.

What did we get? The REAL Obama. Trillions of dollars thrown away. Historic Debt. Nothing solved. Banks still paying huge Bonuses, no one can get loans. Companies going out of business. Historic Unemployment. Historic Home Foreclosures. Gitmo still open. The World laughing at us. Iran, North Korea, even China and Russia ramping up against us. No one cares what the US thinks or says. A President that really doesn't care about ANY of that, with the exception of amassing more and more power and control over his own country. The REALITY of Obama is VASTLY different from the Dream. Even his signature Utopia of universal Healthcare may never see the light of day, even though it has been Voted into Law. Well, he is still Black.

So what do we have NOW? The DREAM that is Alternative Energy. A "Greener Planet" that will be a Utopia. No Oil. Just Wind, uh, I mean Solar,,Uh, no wait, Uh, I mean Electric, no, uh, PEANUT BUTTER!!!! Oh never mind. Just trust us. We need to stop using Oil. We need Alternatives. So we stop using Oil, we can start using Alternatives sooner. IF no one can get around, heat their homes, and well, do much of anything, then they will be forced to find another way fast. {Sigh}

These insane people, whom lack the ability to reason, are of course using this accident in the Gulf to further SELL this Dream to the ignorant populace. You know, those who ALSO do not have the ability to apply logic, or reason.

Yes folks, Obama has signed an Executive Order, like the one to close Gitmo, Bring the Troops Home, uh, you know, with a stroke of a Pen, Obama Forms the "Bipartisan" National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling.

"What's wrong with that? BP is most likely at fault here. They may not be doing all they can to stop this and clean it up. What wrong with the Government overseeing this? This is a DISASTER!!!!" Right?

The problem is the word "AND." I also have a problem with the word "Bipartisan" also. RINOs do not make things "Bipartisan." It just gives the Left cover to do whatever they want. But it is the word "and" that you need to pay attention to here. It is the "Bipartisan" National Commission on the BP Deepwater Horizon Oil Spill, stop, "and" Offshore Drilling. From the White House Briefing Room.

President Obama Establishes Bipartisan National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling Names Former Two-Term Florida Governor and Former Senator Bob Graham and Former Administrator of the Environmental Protection Agency William K. Reilly as Commission Co-Chairs

WASHINGTON – In this week’s address, President Obama announced that he has signed an executive order establishing the bipartisan National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling with former two-term Florida Governor and former Senator Bob Graham and former Administrator of the Environmental Protection Agency William K. Reilly serving as co-chairs.

The bipartisan National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling is tasked with providing recommendations on how we can prevent – and mitigate the impact of – any future spills that result from offshore drilling.

•The commission will be focused on the necessary environmental and safety precautions we must build into our regulatory framework in order to ensure an accident like this never happens again, taking into account the other investigations concerning the causes of the spill.
•The commission will have bipartisan co-chairs with a total membership of seven people. Membership will include broad and diverse representation of individuals with relevant expertise. No sitting government employees or elected officials will sit on the commission.
•The Commission’s work will be transparent and subject to the Federal Advisory Committee Act. The Commission will issue a report within six months of having been convened.

President Obama named the following individuals as Co-Chairs of National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling:

Senator Bob Graham is the former two–term governor of Florida and served for 18 years in the United States Senate. Senator Graham is recognized for his leadership on issues ranging from healthcare and environmental preservation to his ten years of service on the Senate Select Committee on Intelligence — including eighteen months as chairman in 2001–2002. After retiring from public life in January 2005, Senator Graham served for a year as a senior fellow at the Harvard Kennedy School of Government. From May 2008 to February 2010, he served as Chairman of the Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism whose mandate was to build on the work of the 9/11 Commission. Senator Graham was also appointed to serve as a Commissioner on the Financial Crisis Inquiry Commission, established by Congress to examine the global and domestic causes of the recent financial crisis. The Commission will provide its findings and conclusions in a final report due to Congress on December 15, 2010. He also serves as a member of the CIA External Advisory Board and the chair of the Board of Overseers of the Graham Center for Public Service at the University of Florida. Senator Graham has been recognized by national and Florida organizations for his public service including The Woodrow Wilson Institute award for Public Service, The National Park Trust Public Service award and The Everglades Coalition Hall of Fame. Senator Graham earned a B.A. in Political Science from the University of Florida and an LLB from Harvard Law School. He is the recipient of an honorary doctorate of public service from his alma mater, the University of Florida, and honorary doctorates from Pomona College and Nova Southeastern University.

William K. Reilly is a Founding Partner of Aqua International Partners, LP, a private equity fund dedicated to investing in companies engaged in water and renewable energy, and a Senior Advisor to TPG Capital, LP, an international investment partnership. Mr. Reilly served as the first Payne Visiting Professor at Stanford University (1993-1994), Administrator of the U.S. Environmental Protection Agency (1989-1993), president of the World Wildlife Fund (1985-1989), president of The Conservation Foundation (1973-1989), and director of the Rockefeller Task Force on Land Use and Urban Growth from (1972-1973). He also served as the head of the U.S. delegation to the United Nations Earth Summit at Rio in 1992. Mr. Reilly is Chairman Emeritus of the Board of the World Wildlife Fund, Co-Chair of the National Commission on Energy Policy, Chairman of the Board of the ClimateWorks Foundation, Chairman of the Advisory Board for the Nicholas Institute for Environmental Policy Solutions at Duke University, and a Director of the Packard Foundation and the National Geographic Society and a member of Gov. Schwarzenegger’s Delta Vision Blue Ribbon Task Force. He also serves on the Board of Directors of DuPont, ConocoPhillips, Royal Caribbean International and Energy Future Holdings, for which he serves as Chairman of the Sustainable Energy Advisory Board. In 2007 Mr. Reilly was elected to the American Academy of Arts and Sciences. He holds a B.A. degree from Yale, J.D. from Harvard and M.S. in Urban Planning from Columbia University.

OK Lets look at this.

•The commission will be focused on the necessary environmental and safety precautions we must build into our regulatory framework in order to ensure an accident like this never happens again, taking into account the other investigations concerning the causes of the spill.

There is NO ONE on the face of the Planet that can "ensure an accident like this never happens again" No one. Look at the history. Decades of drilling. Countless hurricanes and other situations. NOTHING like this has ever happened before. Yet it DID. Do we need to learn from it? Of course. Will we? Of course. We should learn why this happened, and better yet, how to clean up from something like this if it ever DOES happen again. But to SAY that this commission will "ensure an accident like this never happens again" is just patiently absurd.

•The commission will have bipartisan co-chairs with a total membership of seven people. Membership will include broad and diverse representation of individuals with relevant expertise. No sitting government employees or elected officials will sit on the commission.

You see, the Government will not control it. it is Independent. You and I both know that is a bunch of bunk. Of course the Government will control it. Who do you think is PAYING these people? Well, you are. But you get the point.

•The Commission’s work will be transparent and subject to the Federal Advisory Committee Act. The Commission will issue a report within six months of having been convened.

{Laughing} Yeah like THIS Congress and THIS Administration? Please. Not only do I have a Bridge to sell you, I have a very nice piece of Swap Land right next to it.

Folks, this Administration does not care about your energy needs. Remember, it was people like Hillary who said that they wanted to take Big Oil Profits for their own personal agendas. She actually ALSO said that some of the proposed changes would be made through Executive Order and others through Legislation. It was people like Senator Maxine Waters who said she wanted to Socialize the Oil Companies. It was Obama himself that said he would bankrupt the Coal Industry and that he wanted to "Spread the Wealth around." How's that working out for ya?

This accident is a DREAM come true for the Loony Left. The Enviokooks. It really is. They see it as an excuse to do what they have wanted to do the whole time. You even have the MMD CALLING for the Government to Socialize the Oil Companies. Chris Matthews just said that he thinks Obama should "Nationalize that Industry and get the job done." Idiot.

But this is who they are. Obama's Chief of Staff did say “never let a good disaster go to waste”. This is EXACTLY the sort of thing he was talking about. Do not get lulled into the Dream. Deal with reality. This is a bad accident. True. One in DECADES of Drilling. Two. There is NO UTOPIA where Cows do not fart, people do not breath, and the World runs on Wind and Sunshine. There are NO Alternatives to switch TO! Will increasing Energy Costs speed up the reality of Alternatives? I'll answer THAT tomorrow. Do the Math. See you then.
Peter

Crist Is A Snake,

Preview for Sunday 052310

Hey folks,

This guy makes me sicker and sicker to my stomach, EVERY TIME I see him now.



He can't remember? B.S. I know why I opposed the Racist Sotomayor. There is NOTHING impressive about Kagan. Other than the fact she is a full blown Socialist, and hates the Constitution. She IS Obama. But then again, we know that Crist LOVES Obama. This guy is a Snake, and we need to cut his head off before he gets into a place where he can do real damage to the people of Florida.

Welcome to the Big Sunday Edition of the OPNTalk Blog. I am Peter Carlock and this is your gateway to Truth, Logic, and Reason, in the insanity that surrounds us. Your simplification of the complicated. Your Provocateur of thought. I am in an odd mood today. Just to let you know. Friday night, many adult beverages were partaken. My Wife Laura's Birthday was Saturday, and I am pretty much wiped out. But I'm here. And we have a lot to talk about.

Coming right up today?

Arizona Immigration Law Text.
Sane Democrats Winning
DLA For Sunday 052310
Fake Pot
IWA For Sunday 052310

As for the New Arizona Immigration Law?



Told you I was in an odd mood today. {Smile} Don't forget you can also follow along on Twitter- peteropntalk, Facebook - Peter Carlock, Tom Sullivan Radio Listener's Club, and as always, the Email is opntalk@gmail.com. Going to fill a much needed cup of coffee. Be right back.
Peter

Arizona Immigration Law Text.

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:
S.B. 1070
- 2 -
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.
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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
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
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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.
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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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