IN THE UNITED ST ATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Similar documents
.f 14. :i Geoffrey S. Kercsmar (#20528) Gregory B. Collins (#023158) (Motion for admission pro hac vice to be filed) James F.

IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

IN THE Supreme Court of the United States

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA DEFENDANT S MOTION FOR VACATUR AND DISMISSAL WITH PREJUDICE 22

IN THE Supreme Court of the United States

Case 1:18-cv ABJ Document 19 Filed 02/13/18 Page 1 of 4 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. Plaintiff, Defendants.

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

United States District Court

Case 2:13-cv Document 995 Filed in TXSD on 02/22/17 Page 1 of 6

Case 2:16-cr SRB Document 250 Filed 10/16/17 Page 1 of 8

Case 3:12-cv Document 99 Filed in TXSD on 04/07/14 Page 1 of 9

Case 2:11-cv SLB Document 96 Filed 09/30/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) ) ) Defendants.

Snell & Wilmer IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION

No UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. VALERIE SOTO, as Guardian Ad Litem of Y.D., a minor, Plaintiff-Appellant,

PLAINITFF MALC'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT AND MEMORANDUM OF LAW IN SUPPORT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. Edward Peruta, et al,, Case No

Attorneys for Subpoena Respondent Charles Hoskins, Maricopa County Treasurer IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PLAINTIFFS MOTION FOR CLARIFICATION OF SCHEDULING ORDER AND INCORPORATED MEMORANDUM OF LAW

No UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. REBECCA FRIEDRICHS, et al., Plaintiffs-Appellants,

Ct. Professional considerations require termination of the representation. Id. ER 1.16, Plaintift UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

3:18-cv JMC Date Filed 07/03/18 Entry Number 8 Page 1 of 6

ORAL ARGUMENT SCHEDULED FOR APRIL 15, 2016 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ROME DIVISION. Plaintiffs, ) CIVIL ACTION FILE. v. ) NO.

Case 2:13-cv Document Filed in TXSD on 06/04/14 Page 1 of 18 EXHIBIT 5

Case 1:13-cv FDS Document 87 Filed 09/11/14 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA. 1 The Downtown Soup Kitchen v. Anchorage Equal Rights Commission

No IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. EDWARD TUFFLY, AKA Bud Tuffly, Plaintiff-Appellant,

IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Case 1:14-cv ADB Document 527 Filed 09/05/18 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS BOSTON DIVISION

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ROME DIVISION

Case 9:17-cv KAM Document 10 Entered on FLSD Docket 04/25/2017 Page 1 of 6

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Case: Document: Page: 1 Date Filed: 03/31/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. No.

ORAL ARGUMENT HELD ON MARCH 31, Case No UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

MOTION OF APPELLANT MCQUIGG FOR STAY OF MANDATE PENDING FILING OF PETITION FOR A WRIT OF CERTIORARI

IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION. THOMAS C. and PAMELA McINTOSH

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

Case 4:18-cv KGB-DB-BSM Document 38 Filed 06/14/18 Page 1 of 9

Case 2:12-cv SVW-PLA Document 21 Filed 05/24/12 Page 1 of 10 Page ID #:204

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 1:10-cv JDB Document 26 Filed 09/02/10 Page 1 of 7

3:18-cv JMC Date Filed 07/03/18 Entry Number 7 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA

8:13-cv JFB-TDT Doc # 51 Filed: 10/08/13 Page 1 of 14 - Page ID # 1162 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

Case 1:09-md LAK Document 333 Filed 08/30/10 Page 1 of 3

ENTERED August 16, 2017

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ROME DIVISION

IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Secretary of the Senate. Chief Clerk of the Assembly. Private Secretary of the Governor

Case 2:16-cv RFB-NJK Document 50 Filed 11/04/16 Page 1 of 9

Case 1:17-cv RJL Document 51 Filed 12/18/17 Page 1 of 8 THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA. Plaintiff, SECTION R

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

Case 3:16-cv CWR-FKB Document 79 Filed 01/06/17 Page 1 of 4

In The United States Court of Appeals For the Third Circuit

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Case 1:16-cv EGS Document 14 Filed 07/12/16 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. Plaintiff, Plaintiff,

Case 2:10-cv RLH -PAL Document 29 Filed 12/02/10 Page 1 of 8

In the United States Court of Appeals for the Fifth Circuit

Case 4:17-cv JLK Document 29 Entered on FLSD Docket 02/13/2018 Page 1 of 5

Snell & Wilmer IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA. Leslie Feldman, et al.,

Case 3:12-cv MJR-PMF Document 83 Filed 10/03/14 Page 1 of 9 Page ID #806 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS CIVIL DIVISION CITY OF LITTLE ROCK, ARKANSAS

Case: Document: 6 Filed: 11/03/2016 Pages: 6 UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. No ) ) ) ) ) ) ) ) ) )

Case 5:16-cv EJD Document 22 Filed 12/13/16 Page 1 of 8

Case 1:10-cv RMU Document 8 Filed 04/15/10 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA - Alexandria Division -

Case 3:14-cv REP-AWA-BMK Document 127 Filed 03/06/17 Page 1 of 5 PageID# 3209

AN ACT. relating to voting practices and elections of property owners' BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

United States Court of Appeals for the Ninth Circuit

Case 2:17-cv JLR Document 179 Filed 04/07/17 Page 1 of 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON.

Page 1. AEA Bill Update

Case 2:16-cv JNP Document 179 Filed 03/05/19 Page 1 of 8

STATE OF WISCONSIN CIRCUIT COURT OUTAGAMIE COUNTY BRIEF IN SUPPORT OF MOTION FOR STAY OF DISCOVERY

Case 3:13-cv SC Document 39 Filed 01/09/14 Page 1 of 5

Case 1:12-cv JD Document 202 Filed 07/02/14 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPHIRE

Case 1:18-cv ABJ Document 18 Filed 02/06/18 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA - Alexandria Division -

THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 2:12-cv RAJ Document 13 Filed 10/25/12 Page 1 of 16

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Case 1:17-cv TJK Document 22 Filed 12/06/17 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 3:15-cv MHL Document 80 Filed 03/09/17 Page 1 of 3 PageID# 1262

Attorneys for Plaintiff Center for Biological Diversity UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA PRESCOTT DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA Civil Action No. 1:17-CV-1113

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

IN THE SUPREME COURT OF THE STATE OF NEVADA DAN SCHWARTZ, in his official capacity as Treasurer of the State of Nevada, Appellant, v.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA GAINESVILLE DIVISION

Case 2:14-cv R-RZ Document 52 Filed 08/27/14 Page 1 of 9 Page ID #:611

Transcription:

Case 2:10-cv-0141-SRB Document 142 Filed 02/11/11 Page 1 of,. Vl '" 1 0( - 8 2-: 14 <I ;:;::: -; <1,. """ 4SS E 1 ---. 0 <> z 16 r'" VJ -c 'C N Geoffrey S. Kercsmar (#2028) Gregory B. Collins (#0218) 2 KERCSMAR & FELTUS PLLC 626 North Scottsdale Road, Suite 20 Scottsdale, Arizona 820 4 2 The United States of America, IN THE UNITED ST ATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Case No.: 2:10-cv-0141-SRB 17 Plaintiff, 18 MOTION OF THE ARIZONA STATE v. ) LEGISLATURE ) FOR INTERVENTION AS 20 The State of Arizona; and Janice K. DEFENDANT 21 Brewer, Governor of the State of Arizona,) (Oral Argument Requested) in her Offcial Capacity, ) 22 Defendants. 2 The Arizona State Legislature ("the Legislature"), by counsel, respectfully submits 24 26 27 28 Tel: (480) 421-1001 gsk@ktlawaz.com gbc@kflawaz.com 6 Paul J. Orfanedes (Motion for admission pro hac vice to be filed) 7 James F. Peterson 8 (Motion for admission pro hac vice to be filed) Michael Bekesha 9 (Motion for admission pro hac vice to be filed) JUDICIAL WATCH, INC. 10 42 Third Street, S. W., Suite 800 11 0 N "' u :0 0,. S Washington, DC 20024 Tel: (202) 646-172 Attorneys for Proposed Intervenor/Defendant the Arizona State Legislature this Motion for Intervention requesting leave to intervene as a defendant pursuant to Federal Rule of Civil Procedme 24(b). As required by Rule 24(c), a Proposed Answer in Intervention has been lodged contemporaneously with this Motion. As grounds therefor, the Legislature states as follows:

Case 2:10-cv-0141-SRB Document 142 Filed 02/11/11 Page 2 of 1 2 4 6 7 8 9 10 MEMORANDUM OF POINTS AND AUTHORlTillS I. The Legislature Has Been Authorized to Defend S.B. 1070. Under a newly enacted Arizona law, the Legislature has been authorized to defend S.B. 1070. See S.B. 1117 (signed by Governor Brewer on February 7, 2011, attached as Exhibit 1). Through this Motion, the Legislature now seeks permission to intervene as a defendant (joining the State of Arizona and Governor Brewer) for the purpose of defending its enactment, S.B. 1070, and the interests of the people of Arizona. Importantly, Governor Brewer supports this proposed intervention, as demonstrated by her signing the legislation authorizing the Legislature's intervention and by indicating, 11 through counsel, her support of this Motion. Up to this point, pursuant to a specific 0 N f') u. ;;;.l :;.1 <Z., jl.,. 00 - (f "i 0 "' 0 c:o 1 :: <I o::: -;- 14 is fully defended in the manner contemplated under Arizona law..c -0., a tg E?.;;, v 1 II. Intervention ShouJd Be Granted. 00 :, - U) <I z g 16 Under Federal Rule of Civil Procedure 24(b)(l)(B), a district court may grant :: r' ti 'C 'C 17 provision of S.B. 1070, the State of Arizona has been defended in this action by counsel selected by Governor Brewer. Intervention by the Legislature will ensure that S.B. 1070 intervention where the applicant "has a claim or defense that shares with the main action a 18 20 21 22 2 24 2 26 27 28 common question of law or fact." Where a litigant timely seeks such intervention, courts consider a number of factors including: the nature and extent of the intcrvenors' interest, their standing to raise relevant legal issues, the legal position they seek to advance, and its probable relation to the merits of the case[,] whether changes have occurred in the litigation so that intervention that was once denied should be reexamined, whether the intervcnors' interests arc adequately represented by other parties, whether intervention will prolong or unduly delay the litigation, and whether parties seeking intervention will significantly contribute to the full development of the underlying factual issues in the suit and to the just and equitable adjudication of the legal questions presented. Perry v. Schwarzenegger, No. 10-1671, 2010 U.S. App. LEXIS 74, *1 (9th Cir. 2011) (citing Spangler v. Pasadena City Bd. of Educ., 2 F.2d 6, 9 (9th Cir. 77)). ln 2

Case 2:10-cv-0141-SRB Document 142 Filed 02/11/11 Page of addition, while typically an applicant for intervention need not establish Article III 2 4 standing to intervene (Perry, 2010 U.S. App. LEXIS at * 1), the Ninth Circuit has recognized that a state legislature, as a whole, would have standing to defend the constitutionality of a statute. Yniguez v. Arizona, 99 F.2d 727, 72 (9th Cir. 91)., In this case, tj1c Legislature s defense of S.B. 1070 undeniably has questions of law 6 7 and fact in common with this action. seeing that its enactment is upheld. The Legislature also has a paramount interest in Most significantly, as demonstrated by the law 8 authorizing this Motion, Arizona law specifically provides that S.B. 1070 he defended by 9 the Governor and by the Legislature. Notably, Governor Brewer signed the recent 0 "' M u o :; ;( VJ.,, c,,.oq - g;] g.:: c' "7 OJ i:;::: <> <('"" @ -,-. "' OJ 0 e :a ; f. (. V> t 1 z <- M fn 'J \. 10 ll l 14 1 16 17 legislation which specifically contemplated this motion to intervene. In addition, this Motion is being timely filed on the same day an answer to the Complaint is to be filed. See Dkt. Entry No. 1 (Order, issued Dec. 21, 2010). Furthermore, pursuant to Rule 24(b )(), intervention by the Legislature will not cause undue delay or prejudice the adjudication of the rights of the existing parties. As the Court is well aware, this litigation is in a considerably less complex posture than it was just a few months ago. The addition of the Legislature as a defendant in this case, along with the State of Arizona and Governor Brewer, will not cause any delay or prejudice. 18 HI. Conclusion For the forgoing reasons, the Legislature respectfully requests that this Court grant 20 it leave to intervene as a defendant in this action. 21 22 2 Dated: February 11, 2011 Respectfully Submitted, KERCSMAR & FELTUS PLLC 24 2 26 27 28 By: s/ Geoffrey S. Kerscmar Geoffrey S. Kercsmar (#2028) Gregory 1. Collins (#0218) 626 North Scottsdale Road, Suite 20 Scottsdale, Arizona 820 Tel: (480) 421-1001

Case 2: 1 O-cv-0141-SRB Document 142 Filed 02/11/11 Page 4 of

Case 2: 10-cv-O 141-SRB Document 142 Filed 02/11 /11 Page of 0 "' u o.l ;q.l VJ i: "' 0 2 0 c: 0 0 '7,..,. ct 0 < a - fs 6 0.g rj :z Vl \0 "' '-& 1 2 4 6 7 8 9 10 11 1 14 1. 8 16 17 CERTIFICATE OF SERVICE I hereby certify that on February 11, 2011, I electronically transmitted the foregoing document to the Clerk's Office using the CMJECF System for filing and transmittal of a Notice of Electronic Filing to the CM/ECF registrants on records, including: Tony West Dennis K. Burke Arthur R. Goldberg Var Chilakamarri Joshua Wilkenf eld U.S. Deparment of Justice, Civil Division 20 Massachusetts Avenue, N.W. Washington, DC 200 s/kelli Dunlap 18 20 21 22 2 24 2 26 27 28

Case 2:10-cv-0141-SRB Document 142-1 Filed 02/11/11 Page 1of4 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARJZONA The United States of America v. The State of Arizona; and Janice K. Brewer, Governor of the State of Arizona, in her Offcial Capacity Case No. 2: 10-cv-0141-SRB MOTION OF THE ARIZONA STA TE LEGISLATURE FOR INNTION AS DEFENDANT Exhibit 1 - Senate Bill 1117

Case 2:10-cv-0141-SRB Document 142-1 Filed 02/11 /11 Page 2 of 4 F onnat Document Page I of 1 - - - : Arizona State Legislature Bill Number Search: Fiftioth Legislature first Rogular Session change session I printer friendly version Email a Member I Eniail Webmaster Senat& House Leglslativo Council JLBC More Agencies Bills Committees Calendars/News BILL STATUS OVERVIEW SB1117 SPONSORS: PEARCE R P ALLEN P BUNDGAARD P GRAY P SMITH P BARTO C KLEIN C MCCOMISH C MELVIN C PIERCE S C REAGAN TITLE: immigration legislation challenges SENATE FIRST READ: 0111/11 SENATE SECOND READ: 01118/11 COMMITTEES: ASSIGNED COMMITTEES ACTION Vote Detail 01/1/11 JUD 01/20/11 (6-2-0-0) DP C 01/1/11 RULES 01 /24/11 PFC MAJORITY CAUCUS: 01 /2/11 Y MINORITY CAUCUS: 01/2/11 Y CONSENT CALENDAR: 014/11 2:4 PM Object COW ACTION 1: DATE AMENDMENTS Gallardo fir amend (ref Bill) failed Sinema fir amend (ref Bill) failed THIRD READ: DATE ACTION AYES NAYS NV EXC 01/26/11 DP 0 0 0 0 A YES NAYS NV EXC EMER AMEND RFE 2/ VOTE RESULT Vote Detail 016/11 20 6 4 0 E PASSED TRANSMIT TO HOUSE: 01/26111 THIRD READ: DATE AYES NAYS NV EXC EMER AMEND RFE 2/ VOTE RESULT Vote Detail 02/0/11 40 20 0 0 E PASSED TRANSMIT TO SENA TE: 02/0/11 TRANSMITTED TO: GOVERNOR 02/07/11 ACTION: SIGNED 02/07/11 2007 Arizona Slate Legialature. http://www.azleg.gov/formatdocument.asp?indoc=/legtext/0lcg/1r/bills/sbl1170.asp 211l/2011

Case 2:10-cv-0141-SRB Document 142-1 Filed 02/11/11 Page of 4 Senate Engrossed State of Arizona Senate Fiftieth Legislature First Regular Session 2011 SENATE BILL 1117 AN ACT AMEHDING LAWS 2010, CHAPTER 211, SECTION 8; RELATING TO IMMIGRATION LEGISLATION CHALLENGES. (TEXT OF BILL BEGINS ON NEXT PAGE) - 1 -

Case 2:10-cv-0141-SRB Document 142-1 Filed 02/11/11 Page 4 of 4 S.B. 1117 1 Be it enacted by the Legislature of the State of Arizona: 2 Section 1. Laws 2010, chapter 211, section 8 is amended to read: Sec. 8. lmmiflntion Jesltio.n. shalls 4 A. Notwithstanding title 41, chapter 1, Arizona Revised Statutes, and any other law. Oeee 1, 20, the attorney general shall act at 6 the direction of the governor in any cha ll enge 1n a state or federal court to 7 Laws 2010, chapter 11 and any amendments to that law. 8 B. Notwithstanding title 41. chapter 1, Arizona Revised Statutes, and 9 any other law, lti>ety.h-9eeemt r--j-, -ZO-l- 0, H the governor may d1rect counsel 10 other than the attorney general to appear on behalf of this state to defend 11 any challenge to Laws 2010, chapter 11 and any amendments to that law. C. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE SPEAKER OF THE HOUSE 1 OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE MAY DIRECT COUNSEL TO 14 INITIATE A LEGAL PROCEEDING OR APPEAR ON BEHALF OF THEIR RESPECTIVE CHAMBERS 1 OR ON BEHALF OF THE LEGISLATURE IN ANY CHALLENGE IN A STATE OR FEDERAL COURT 16 TO LAWS 2010, CHAPTER 11 AND ANY AMENDMENTS TO THAT LAW. 17 Sec. 2. Retroactivjy 18 This act applies retroactively to from and after December 1, 2010. Sec.. Emerg 20 This act is an emergency measure that is necessary to preserve the 21 public peace, health or safety and is operative immediately as provided by 22 law. - ].