Now that State legislative sessions for 2013 are starting to get underway, it’s a good time for a quick overview of who’s looking at bills to nullify NDAA kidnapping powers (the ones called “indefinite detention”). In 2012, Virginia became the first state to pass a law along these lines. And, while Arizona and Michigan were very close, they didn’t get to the finish line. We expect those states – and many more – to consider bills in 2013.
Keep up to date with NDAA Nullification legislation around the country with the Tenth Amendment Center legislative tracking page HERE: http://tracking.tenthamendmentcenter.com/ndaa/
Here’s what’s happening so far:
In Texas, State Representative Lyle Larson introduced House Bill 149 (HB149), the Texas Liberty Preservation Act. This might be the strongest anti-NDAA bill introduced yet. It states, in part:
Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. No. 112-81) violate portions of federal law, the United States Constitution, and the Texas Constitution and, as such, are invalid and illegal in this state.
It also, like Virginia’s law, requires full noncompliance with the federal act:
It is the policy of this state to refuse to provide material support for or to participate in any way with the implementation within this state of Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. No. 112-81). Any act to enforce or attempt to enforce those laws is in violation of this subchapter.
But, the Texas legislation takes it a step further, codifying into State law criminal penalties for violation of the act by even federal agents:
A person who is an official, agent, or employee of the United States or an employee of a corporation providing services to the United States commits an offense if the person enforces or attempts to enforce a statute, a rule or regulation, an order, or any law of the United States in violation of this subchapter.
An offense under Subsection
(a) is a Class A misdemeanor punishable by confinement for a term not to exceed one year, a fine of not more than $10,000, or both the confinement and the fine.
Join Nullify NDAA Texas group on Facebook HERE
In Wyoming, state representative Kendell Kroeker, along with reps Hunt and Miller, and Senator Case, are introducing a bill that declares the indefinite detention provisions of the 2012 NDAA to be unconstitutional, prohibiting enforcement of the federal act.
H.B. 0114 – The Liberty Preservation Act – is currently up for consideration in the Wyoming legislature, and could be heard later this week. It declares the above sections of the NDAA to be “inimical to the liberty, security and well being of the people of Wyoming” and further states that they were “adopted by the United States congress in violation of the limits of federal power in the United States Constitution.”
The bill not only cites the various constitutional violations of the NDAA, but makes it a criminal misdemeanor for state employees and public officers to participate in trying to implement the aforementioned provisions. This would be a bold step for Wyoming. If passed, they could possibly be the first state to make participation with the feds in kidnapping people under the NDAA a criminal act.
Join Nullify NDAA Wyoming group on Facebook HERE
In Colorado, State Representative Jared Wright has introduced HB13-1045, which states “An agency of this state, a political subdivision of this state, an employee of an agency of this state or of a political subdivision of this acting in his or her official capacity, and a member of the Colorado National Guard serving in his or her official capacity are prohibited from aiding an agency of the armed forces of the United States in any investigation, prosecution, or detention of any person pursuant to section 1021 of the “National Defense Authorization Act for Fiscal Year 2012″.
Join Nullify NDAA Colorado group on Facebook HERE
In Indiana, Senate Bill 400 was introduced on 01-10. It would not only bar state participation with NDAA indefinite detention, but it also provides criminal charges for both state and federal agents who attempt to carry out such acts within the state.
Join the Nullify NDAA Indiana group on Facebook HERE
In South Carolina, Senator Tom Davis introduced the “NDAA Nullification Act of 2013.” It states, “No agency of the State, agency of a political subdivision of the State, officer or employee of the State, officer or employee of a political subdivision of the State, acting in his official capacity, to include any member of the South Carolina Military Department on official duty, or employees of any state or local detention facility may engage in any activity that aids an agency of the armed forces of the United States in execution of 50 U.S.C. 1541, as provided by the National Defense Authorization Act for Fiscal Year 2012, in the investigation, prosecution, or detainment of any citizen of the United States in violation of Section 3, Article I, and Section 14, Article I of the South Carolina Constitution.”
Join Nullify NDAA South Carolina group on Facebook HERE
In Missouri, Representative Fitzpatrick, along with co-sponsors Representative Miller and Representative Curtman have introduced House bill 57, which reads, “Notwithstanding any contrary provision of law, no state agency, political subdivision, employee of such state agency or political subdivision acting in his or her official capacity, or member of the Missouri National Guard on official state duty, shall knowingly aid an agency of the armed forces of the United States in the detention of any citizen pursuant to 50 U.S.C. Section 1541 as provided by the National Defense Authorization Act for Fiscal Year 2012 or any subsequent provisions of law.”
Join Nullify NDAA Missouri group on Facebook HERE
In Los Angeles, a broad coalition is holding a rally and press conference in opposition to indefinite detention at the Downtown Los Angeles federal building on Friday, January 11th. The coalition is pressing the LA City Council to take a stand – like more than 15 local governments have done around the country already – against indefinite detention by passing a resolution in 2013.
Event info HERE
Get involved. volunteer here:
Model legislation for your city, county, and state:
Track the status of NDAA nullification bills:
Latest posts by Michael Boldin (see all)
- No, Republicans Can’t Be Trusted on the Constitution, Either - December 19, 2014
- Missouri vs NSA: New Bill Would Ban “Material Support or Resources” - December 18, 2014
- Nullification in Practice: New South Carolina Bill Would “Gut Obamacare” in the State - December 11, 2014