NDAA Nullification Passes Virginia House 96-4

On Tuesday, February 14th, the Virginia House of Delegates voted in favor of House Bill 1160 (HB1160). The final vote was 96-4.

The legislative goal of HB1160 is to codify in Virginia law noncompliance with what many are referring to as the “kidnapping provisions” of section 1021 and 1022 of the National Defense Authorization Act of 2012 (NDAA). The official summary of 1160:

“A BILL to prevent any agency, political subdivision, employee, or member of the military of Virginia from assisting an agency of the armed forces of the United States in the conduct of the investigation, prosecution, or detention of a citizen in violation of the United States Constitution, the Constitution of Virginia, or any Virginia law or regulation.”

HB1160 is sponsored by Delegate Bob Marshall and was introduced on 01-16-12. It previously passed out of Sub-Committee #2 Civil, by a vote of 6-3 and the Courts of Justice Committee by a vote of 16-0. After a series of action alerts by the Tenth Amendment Center nationally, and a number of supporting groups locally – Courts of Justice committee members heard from the people they represent that a full house hearing and vote to reject the NDAA is what they wanted. With a 96-4 vote, the Virginia House sent a message on indefinite detentions – a resounding NO!


Florida to Consider Medical Marijuana Bills

Two proposals are before the Florida Legislature to put an amendment on the ballot next November to the State Constitution which would allow medical use of cannabis by citizens.

House Joint Resolution 353 and Senate Joint Resolution 1028 both have been resubmitted from last year’s session and HJR 353 has been sent to the Criminal Justice Subcommittee where it has had its first reading and SJR 1028 has been reintroduced to the Senate. Both bills have similar wording to be put to the citizens of Florida as a proposed amendment to the states constitution. If the bills are passed then the proposed amendment would need to receive 60 percent affirmative votes for passage since it would be an amendment to the state constitution.

Both bills propose amending the State Constitution to provide a patient or primary caregiver charged with a violation of the state’s criminal laws related to the patient’s medical use of cannabis, also known as marijuana, with a defense to the charge if the patient has a debilitating condition and the physician, in the context of a bona fide physician-patient relationship, determines that the patient might benefit from the medical use of cannabis.

HJR 353 was introduced by Clemens (CO-SPONSORS) Bullard; Kriseman; Pafford; Rehwinkel Vasilinda

SJR 1028 was introduced by Bullard


Maryland joins states considering handcuffing TSA gropers

ANNAPOLIS, Md. (Feb. 15, 2012) – Last Friday, Maryland joined a growing list of states considering legislation that would say, “No!” to TSA groping.

Delegate Glen Glass (R – Cecil and Hartford Counties) filed HB1111, which would prohibit a public servant from conducting searches for the purpose of entering a publicly accessible building or utilizing a public mode of transportation without probable cause or express consent.

The legislation also specifically prohibits “sexual harassment” by agents, defining harassment as, “intentionally, knowingly, or recklessly touching the anus, sexual organ, buttocks, or breast of the other person, including touching through clothing; or causing physical contact with the other person when the public servant knows or should reasonably believe that the other person will regard the contact as offensive or provocative.”


Utah Considers Bill Asserting State Sovereignty

The Utah legislature is considering a bill asserting State Sovereignty during this session and the legislation recently passed out of the House Judiciary Committee.

The vote tally was 10-0 with 3 abstaining.

H.B.141 …”reaffirms state sovereignty and reserves all rights and claims, including set-off, for damages, losses, costs, and expenses incurred but not fully reimbursed against any amounts that the state owes the federal government.”

This bill:

  1. reaffirms the state’s sovereign rights as outlined in the Ninth and Tenth Amendments of the Constitution of the United States of America;
  2. provides that the state is relieved of all liability for the payment of funds owed to the federal government for which the state exercises its rights of set-off.

Rep. LaVar Christensen (R – District: 48) sponsors the Utah bill.

This bill, by asserting Utah Sovereignty and rights as established in the Ninth and Tenth Amendment to the Constitution of the United States, lays out the understanding of the Founders that the Federal government is the agent of the states and not the other way around.