HB 1012 Needs To Be Pulled
HB 1012 needs be pulled from committee and tabled. There is a lot of double talk in the bill.
The sponsor is the only one who can table the bill. Please call the sponsor and request the bill be tabled.
Sponsor of this bill is Rep. John Payton, Wilburn, Arkansas,
Email: paytonforthepeople@yahoo.com
Telephone 501-362-3287
Business Phone 501-362-3237
Cosponsor of this bill is Denny Altes, Fort Smith, Arkansas,
Email: denny.altes@arkansashouse.org
Telephone 479-484-5494
Business Phone 479-484-8981
HB 1012 – Excerpt:
12-16-305. Declaration. (This part is good.)
Under the Tenth Amendment to the United States Constitution and this state’s compact with other states, the General Assembly declares that any federal law purporting to give a federal employee the authority of a county sheriff in this state is not recognized by and is specifically rejected by this state and is declared to be invalid in this state.
HB1012 allows the feds into the county sometimes with written permission of the Attorney General and in some cases NO written permission. The LOCAL SHERIFF must be in control at all times. Also if you check Article 1 Section 8 of the U.S. Constitution and Amendment 10 you will see the FEDS have no authority over the Sheriff.
The County Sheriff: The Ultimate Check & Balance by Sheriff Richard Mack, click here.
Mack/Printz v USA, the U S Supreme Courtdeclared that the states or their political subdivisions, “are not subject to federal direction.” Click here for this opinion. Excerpt:
We held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the State’s officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. It matters not whether policymaking is involved, and no case by case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty. Accordingly, the judgment of the Court of Appeals for the Ninth Circuit is reversed.
There is an effort to abolish the local sheriffs in all 50 states – A stealth federal power grab?Click here.
In Delaware the Attorney General stripped the County Sheriff of arrest powers. Click here.
HB1012 gives the Attorney General authority to provide written permission to federal authorities for arrest, search or seizures
unless (which means in some cases the feds don’t have to get permission).
HB 1012 gives federal agents power over the local sheriff in some cases. The local sheriff is the most powerful elected official and they should be the last authority on who can or can’t come into their county. The county sheriff takes an Oath of Office to support both the Arkansas and U.S. Constitutions. In case of a corrupt sheriff, we still have the coroner and grand jury. Again, the local sheriff should be able to block any federal agent coming into his county.
HB1012, as written, goes against state sovereignty and the Tenth Amendment.
The local sheriffs have the authority to stop all federal agents from coming into their counties.
The stated Intent of HB1012 is as follows:
1) Ensure maximum cooperation between federal employees and the local law enforcement authorities.
2) Ensure that federal employees who carry out arrests, searches, and seizures in this state receive the best local knowledge and expertise available; and
3) Prevent misadventure affecting Arkansas citizens and their rights that results from lack of cooperation or communication between federal employees operating in Arkansas and properly constituted local law enforcement authorities.
The way HB1012 is written, it takes authority away from the local sheriff.
Under 12-16-303 (The feds must have NO authority in the county. Fed must only come in a County with written permission from the Sheriff.) Excerpt:
without the written permission of the county sheriff or county sheriff’s designee of the county in which the arrest, search, or seizure will occurunless one of the following circumstances exist:
(1) The arrest, search, or seizure will take place on a federal enclave for which jurisdiction has been actively ceded to the United States of America by state law;
(2) The federal employee witnesses the commission of a crime, the nature of which requires an immediate arrest;
(3) The arrest, search, or seizure is made under federal or state customs or immigration laws;
(4) The intended subject of the arrest, search, or seizure is an employee of the office of the county sheriff or is an elected county or state officer; or
(5) The federal employee has probable cause to believe that the subject of the arrest, search, or seizure has close connections with the county sheriff, and therefore the subject is likely to be informed of the impending arrest, search, or seizure.
(b) The county sheriff or county sheriff’s designee may refuse written permission for any reason that the county sheriff or county sheriff’s designee considers sufficient.
(c)(1) A federal employee who desires to exercise an arrest, search, or seizure under subdivision (a)(4) of this section shall obtain the written permission of the Attorney General for the arrest, search, or seizure unless the resulting delay in obtaining the written permission would likely cause:
(A) Serious harm to one (1) or more individuals or to a community; or
(B) Flight of the subject of the arrest, search, or seizure in order to avoid prosecution.
(2) The Attorney General may refuse the permission for any reason the Attorney General considers sufficient.
(d)(1) A federal employee who desires to exercise an arrest, search, or seizure under subdivision (a)(5) of this section shall obtain the written permission of the Attorney General.
Please call the sponsor and co-sponsor – phone calls do work!
Be sure to forward this to all your friends.
Securing the blessings of liberty!
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