Author Archives: Linda McDonald

Bill to Implement Arkansas Firearms Freedom Act

Arkansas Bill SB1088 ,An Act concerning the regulation of firearms to be known as the Arkansas Firearm Freedom Act; and for other purposes introduced Senator Bryan King on March 11 and referred to the Senate Committee on State Agencies and Governmental Affairs, withdrawn from the committee for Amendment #1, and re-referred to the committee again on March 13.

 A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Arkansas and that remains within the borders of Arkansas is not subject to federal law or federal regulation,  including registration, under the authority of the United States Congress to regulate interstate commerce, as those items have not traveled in interstate commerce.

This chapter applies to a firearm, a firearm accessory, or ammunition that is manufactured in Arkansas from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state.

Firearms accessories that are imported into Arkansas from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate  commerce because they are attached to or used in conjunction with a firearm  in Arkansas.

Section added as Amendment 1:

Do not codify.  Effective Date: This act shall not become effective until July 1, 2015.

Oregon Bill Introduced to Nullify Unconstitutional Federal Marijuana and Hemp Laws

Legislation introduced  in Oregon would establish a regulatory system, similar to the one in place in the state for alcohol, for the cultivation, production, and sale of cannabis.

HB3371, An Act Relating to the Control, Regulation and Taxation of Cannabis Act, would set up a system of regulation for marijuana and hemp in Oregon. This legislation would allow adults to possess up to 24 ounces of usable marijuana and grow up to six plants in their homes, in addition to purchasing it from regulated retail outlets.

The purposes of sections 1 to 47 of this 2013 Act are:

(a) To establish a comprehensive state policy concerning Cannabis, which include:
marijuana and industrial hemp under existing state law;

(b) To protect the safety, welfare, health and peace of the people of this state by better
prioritizing the state’s limited law enforcement resources;

(c) To eliminate the problems caused by the prohibition and uncontrolled manufacture,
delivery and possession of marijuana within this state; and

(d) To ensure that the State Department of Agriculture issues industrial hemp licenses
and agricultural hemp seed production permits in accordance with existing state law.

The Committee on Revenue sponsored the bill.

Essential features of the measure as introduced include:

MI Bill in Committee Says No to Expansion of Medicaid

Michigan Gov. Rick Snyder is one of several Republican Governors to push for the expansion of Medicaid under President Barack Obama’s health care reform law.   “This makes sense for the physical and fiscal health of Michigan,” said Snyder who studied the issue thoroughly before arriving at his decision. “Expansion will create more access to primary care providers, reduce the burden on hospitals and small businesses, and save precious tax dollars. It also puts Michigan rather than Washington in the driver’s seat in terms of implementation, which allows us to better address Michigan’s specific needs.”  While he makes these arguments, he knows he will be up against his own party.  

Michigan Bill SB0041 regarding Michigan compliance with expanding medicaid coverage to certain poverty level; prohibit. Amends 1939 PA 280 (MCL 400.1 – 400.119b) by adding sec. 105c was introduced by Senators Caswell, Jansen and Colbeck on January 16, 2003, and referred to the Committee on Appropriations.

AMENDMENT TO SEC. 105C. (1) THE STATE SHALL NOT EXPAND MEDICAL ASSISTANCE PROGRAM ELIGIBILITY TO NONELDERLY INDIVIDUALS WITH INCOME AT OR  BELOW 133% OF THE FEDERAL POVERTY GUIDELINES AS DIRECTED UNDER THE PATIENT PROTECTION AND AFFORDABLE CARE ACT, PUBLIC LAW 111-148.

(2) AS USED IN THIS SECTION, “FEDERAL POVERTY GUIDELINES” MEANS THE POVERTY GUIDELINES PUBLISHED ANNUALLY IN THE FEDERAL REGISTER BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER ITS AUTHORITY TO REVISE THE POVERTY LINE UNDER
SECTION 673(2) OF SUBTITLE B OF TITLE VI OF THE OMNIBUS BUDGET RECONCILIATION ACT OF 1981, 42 USC 9902.

On March 18, 2003, a powerful new report from the Florida-based Foundation for Government Accountability suggests that cost projections relied on by Gov. Rick Snyder in recommending that Michigan go along with an optional-for-states Obamacare Medicaid expansion may be far too low.  If correct, this could potentially lead to future state budget crises in Michigan for as far as the eye can see.

NV Bill to nullify indefinite detention under NDAA sent to Committee

Nevada SB 378 An Act relating to crimes; enacting the Nevada Liberty Preservation Act; providing penalties; and providing other; and providing other matters properly relating thereto was jointly sponsored and introduced by Assemblymen Gustavson, Ellison, Wheeler, Fiore, Duncan, and co-sponsored by 11 other members on March 18, 2013, and sent to the Judiciary Committee.

The President of the United States has asserted that the Authorization for the Use of Military Force, Public Law 107-40, Stat. 224, enacted in 2001, authorizes the President to indefinitely detain, without charge, any person, including a citizen of the United States or a lawful resident alien, regardless of whether the person is apprehended inside or outside the borders of the United States.   Sections 1021 and 1022 of the National Defense
28 Authorization Act authorize:

(a) The indefinite detention, without charge or trial, of persons  apprehended within the United States;
(b) The prosecution by military tribunals under the law of war of persons apprehended within the United States;     
(c) The transfer to foreign jurisdictions of persons apprehended within the United States. 

Sec. 5  1. It is unlawful to:

(a) Implement or enforce or attempt to implement or enforce section 1021 or 1022 of the National Defense Authorization Act in this State; or

(b) Comply with any other statute, rule, regulation or order that has the effect of implementing or enforcing section 1021 or 1022 of the National Defense Authorization Act in this State.

2. An officer, agent or employee of the United States or an employee of a corporation providing services to the United States who violates subsection 1 is guilty of a category D felony and shall  be punished by imprisonment in the state prison for a minimum  term of not less than 1 year and a maximum term of not more than 4 years, or by a fine of not more than $10,000, or by both fine and imprisonment. 

3. A public officer or employee of this State who violates subsection 1 is guilty of a category E felony and shall be punished  by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years, or by a fine of not more than $5,000, or by both fine and  imprisonment.

The Nevada Chapters of PANDA (People Against the National Defense Authorization Act, the NDAA) have said that “Passage of the Nevada Liberty Preservation Act will demonstrate the Legislature’s commitment to Constitutional Law and Individual Libert

MI Bill in Committee Prohibits State’s Participation in the Common Core Curriculum

Over the next year, Michigan and 45 other states will be transitioning to the same grade-level curriculum standards for their K-12 schools under the Common Core State Standards Initiative.  Since this curriculum has never been implemented or piloted before, the states’ children will become guinea pigs for this experiment.

MI Bill HB4276 changes 1976 PA 451, entitled “The revised school code,” by amending section 1278 (MCL 380.1278), as amended by 2004 PA 596, and by adding section 1278c.  On February 19, 2013, the bill was introduced by Representatives McMillin, Hooker, McBroom, Somerville and Howrylak and referred to the Committee on Education.

AMENDMENT TO SECTION 1278 (MCL 380.1278)  – The State Board Model Core Academic Curriculum content standards shall not be based upon the Common Core Standards described in Section 1278C.

AMENDMENT TO SECTION 1278C (MCL 380.1278) - (1) The State Board and the Department shall not  implement the Common Core Standards promoted by the Common Core Standards Initiative coordinated by the National Governors Association Center for Best Practices and the Council of Chief State School Officers.  The State Board shall take the necessary action to rescind the State Board’s adoption of those Common Core Standards, which occurred on June 15, 2010, and to discontinue any assessments aligned to those Common Core Standards.  

(2) After the effective date of this section, the State Board or any other state official or agency shall not participate in the Common Core State Standards initiative described in Subsection (1).

(3)  The State Board shall ensure that the State Board Model Core Academic Curriculum Content Standards under Section 1278 and the subject area content expectations that apply to the credit requirements of the Michigan Merit Standard under Sections 1278A and 1278 are not based upon the Common Core Standards described in Subsection (1).

Diane Ravitch, a former assistant U.S. secretary of education who was appointed to office by both Clinton and George H.W. Bush, recently changed her mind about Common Core. Ravitch now refutes claims by Obama and Common Core that the standards were created by the states and voluntarily adopted by them.

Michigan Firearm Protection Act Sent to Committee

Michigan HB4457, a bill to provide that any federal law that attempts to ban certain firearms or magazines is unenforceable in this state; to provide for the powers and duties of certain state officers; to prohibit the enforcement of certain federal laws; and to prescribe penalties was introduced on March 14, 2013, by Representative Bill Rogers and sent to the Judiciary Committee.

At a recent Southeast Michigan Tea Party Meeting, a Northern Michigan Legislator advised that a bill similar to this Firearm Protection Act was introduced at the end of 2012.  HB5232, as it was known then, stalled after encountering opposition from state Democrats, who held a legislative majority at the time.   It was introduced after the Sandy Hook tragedy when people were reeling from that event. This is a second attempt to get a nullification of any Federal ban on firearms manufactured, sold or owned in the State of Michigan.

Texas Bill Would Protect People from Obamacare Taxes

Texas is attempting to throw a monkey wrench in the implementation of the Patient Protection and Affordable Care Act (PPACA) by obstructing the Federal Government from collecting any tax applicable under the act and minimizing the burden on the taxpayer.

Texas Bill HB3785, an Act relating to the nullification of unconstitutional federal laws that create or increase taxes and the enforceability of related federal tax liens or levies; providing for a filing fee and providing criminal penalties, was introduced by Representative Charles Perry on March 8, 2013.

The policy enacted will allow Texas to protect its citizens from tax liabilities created by the PPACA.  If the legislature nullifies other unconstitutional federal laws that create or increase taxes, the same policies shall be used to protect citizens from those tax liabilities. -text HB3785

The Texas Bill finds the PPACA unconstitutional for several reasons:

Michigan Bill would Ban Warrantless Drone Spying

Representative Tom McMillin, a Michigan State lawmaker, has privacy concerns regarding unmanned drones used by law enforcement agencies in the state.  He wants to ensure that drones do not illegally collect personal information or violate personal privacy.

Michigan HB4455, a bill to authorize and regulate the use of unmanned aerial vehicles; to provide the powers and duties of certain state agencies and departments and local units of government; to authorize the use of unmanned aerial vehicles under certain circumstances; to prohibit the operation of unmanned aerial vehicles under certain circumstances; to prohibit the disclosure of information collected by unmanned aerial vehicles under certain circumstances; and to provide penalties and sanctions was introduced on March 14, 2003, by Representative McMillan and sent to the Criminal Justice Committee on the same day.

A law enforcement agency of this state or a political subdivision of this state shall not disclose or receive information acquired through the operation of  an unmanned aerial vehicle.   A person shall not operate a UAV that contains, mounts, or carries a lethal or nonlethal weapon or weapon system of any type.  The body of a UAV shall bear the name of the political entity that owns the UAV in clearly printed and visible lettering.  

Information about a person acquired through the operation of an unmanned aerial vehicle shall not be disclosed or received unless 1 or more of the following circumstances apply:  

1.  The person has given written consent to the disclosure.

2.   The unmanned aerial vehicle is used in circumstances in which it is reasonable to believe that there is an imminent threat to the life or safety of a person, for the purpose of assisting the person.

 “Since drone technology is developing so rapidly, we should prepare now for the legal and practical challenges that are quickly approaching us, while allowing the reasonable, very narrow, use of drones by law enforcement to aid in our citizens’ protection,” McMillin said in a statement Thursday. “Our citizens should not have to worry about Big Brother looking down on them from above.”

Bill to Implement the Ohio Health Care Freedom Act in Committee

Ohio lawmakers hope to put some teeth into the state’s constitutional amendment protecting Ohioans’ health care freedom.

Ohio Bill HB91,  introduced by Representatives Ron Young and Andy Thompson on March 5, would restrict a health insurer in the State of Ohio from charging a penalty (tax) to either an employer or an individual who does not purchase a health insurance plan under the national Patient Protection and Affordable Care Act.

A health insurance issuer operating in this state shall not accept any remuneration, credit, or subsidy, as described in 42 U.S.C. 18082, that may result in the imposition of penalties against any employer or individual in this state.

Violation of the act would come with a heavy penalty.

If a health insurance issuer violates division (A) of this section, the issuer’s license to issue new business in the state shall be suspended immediately and until such time as the issuer represents it has returned that remuneration, credit, or subsidy to its source and will decline any such future remuneration, credit, or subsidy. Such suspensions shall not be construed as impairing the right of contract or the right to continue or renew existing business in the state.

The bill already has 19 cosponsors signed on.