Senator Beason's Proposed Senate Floor Substitute to HB658 (as of 5/9/12)

8/2/2019 Senator Beason's Proposed Senate Floor Substitute to HB658 (as of 5/9/12)

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1 137986-17 : n : 05/09/2012 : SOTH-JSI / jsi

2

3 SUBSTITUTE TO HOUSE BILL 658

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5

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7

8 SYNOPSIS: This bill would make revisions to the

9 Beason-Hammon Alabama Taxpayer and Citizen

10 Protection Act.

11 This bill would also delete from the

12 definition of a "foreign national" a person who is

13 not a lawful permanent resident of the United

14 States.

15 This bill would also require the Attorney

16 General to defend law enforcement officers under

17 certain conditions.

18 This bill would also require the

19 Administrative Office of Courts to submit a

20 quarterly report to the Alabama Department of

21 Homeland Security summarizing the number of cases

22 in which an unlawfully present person was detained

23 by law enforcement and appeared in court for any

24 violation of state law.

25 Amendment 621 of the Constitution of Alabama

26 of 1901, now appearing as Section 111.05 of the

27 Official Recompilation of the Constitution of

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1 Alabama of 1901, as amended, prohibits a general

2 law whose purpose or effect would be to require a

3 new or increased expenditure of local funds from

4 becoming effective with regard to a local

5 governmental entity without enactment by a 2/3 vote

6 unless: it comes within one of a number of

7 specified exceptions; it is approved by the

8 affected entity; or the Legislature appropriates

9 funds, or provides a local source of revenue, to

10 the entity for the purpose.

11 The purpose or effect of this bill would be

12 to require a new or increased expenditure of local

13 funds within the meaning of the amendment. However,

14 this bill does not require approval of a local

15 governmental entity or enactment by a 2/3 vote to

16 become effective because it comes within one of the

17 specified exceptions contained in the amendment.

18

19 A BILL

20 TO BE ENTITLED

21 AN ACT

22

23 To amend Sections 3, 5, 6, 8, 9, 13, 15, 20, 21, 24,

24 27, 29, and 30 of Act 2011-535, 2011 Regular Session, now

25 appearing as Sections 31-13-3, 31-13-5, 31-13-6, 31-13-8,

26 31-13-9, 31-13-13, 31-13-15, 31-13-19, 31-13-20, 31-13-23,

27 31-13-26, 31-13-28, and 31-13-29, Code of Alabama 1975, and

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1 Section 32-6-9, Code of Alabama 1975, as amended by Section 18

2 of Act 2011-535, 2011 Regular Session, to make revisions to

3 the Beason-Hammon Alabama Taxpayer and Citizen Protection Act;

4 to amend Section 32-6-10.1, Code of Alabama 1975, relating to

5 the issuance of driver's licenses to foreign nationals, to

6 provide further for the definition of a foreign national; to

7 require the Attorney General to defend law enforcement

8 officers under certain conditions; to require the

9 Administrative Office of Courts to submit a quarterly report

10 to the Alabama Department of Homeland Security summarizing the

11 number of cases in which an unlawfully present person was

12 detained by law enforcement and appeared in court for any

13 violation of state law; and in connection therewith would have

14 as its purpose or effect the requirement of a new or increased

15 expenditure of local funds within the meaning of Amendment 621

16 of the Constitution of Alabama of 1901, now appearing as

17 Section 111.05 of the Official Recompilation of the

18 Constitution of Alabama of 1901, as amended.

19 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

20 Section 1. Sections 3, 5, 6, 8, 9, 13, and 15 of Act

21 2011-535, 2011 Regular Session, now appearing as Sections

22 31-13-3, 31-13-5, 31-13-6, 31-13-8, 31-13-9, 31-13-13, and

23 31-13-15, Code of Alabama 1975, are amended to read as

24 follows:

25 "31-13-3.

26 "For the purposes of this chapter, the following

27 words shall have the following meanings:

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1 "(1) ALIEN. Any person who is not a citizen or

2 national of the United States, as described in 8 U.S.C.

3 1101, et seq., and any amendments thereto.

4 "(2) BUSINESS ENTITY. Any person or group of persons

5 employing one or more persons performing or engaging in any

6 activity, enterprise, profession, or occupation for gain,

7 benefit, advantage, or livelihood, whether for profit or not

8 for profit. Business entity shall include, but not be limited

9 to, the following:

10 "a. Self-employed individuals, business entities

11 filing articles of incorporation, partnerships, limited

12 partnerships, limited liability companies, foreign

13 corporations, foreign limited partnerships, foreign limited

14 liability companies authorized to transact business in this

15 state, business trusts, and any business entity that registers

16 with the Secretary of State.

17 "b. Any business entity that possesses a business

18 license, permit, certificate, approval, registration, charter,

19 or similar form of authorization issued by the state, any

20 business entity that is exempt by law from obtaining such a

21 business license, and any business entity that is operating

22 unlawfully without a business license.

23 "(3) CONTRACTOR. A person, employer, or business

24 entity that enters into an agreement to perform any service or

25 work or to provide a certain product in exchange for valuable

26 consideration. This definition shall include, but not be

27 limited to, a general contractor, subcontractor, independent

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1 contractor, contract employee, project manager, or a

2 recruiting or staffing entity.

3 "(4) EMPLOYEE. Any person directed, allowed, or

4 permitted to perform labor or service of any kind by an

5 employer. The employees of an independent contractor working

6 for a business entity shall not be regarded as the employees

7 of the business entity, for the purposes of this chapter. This

8 term does not include any inmate in the legal custody of the

9 state, a county, or a municipality.

10 "(5) EMPLOYER. Any person, firm, corporation,

11 partnership, joint stock association, agent, manager,

12 representative, foreman, or other person having control or

13 custody of any employment, place of employment, or of any

14 employee, including any person or entity employing any person

15 for hire within the State of Alabama, including a public

16 employer. This term shall not include the occupant of a

17 household contracting with another person to perform casual

18 domestic labor within the household.

19 "(6) EMPLOYMENT. The act of employing or state of

20 being employed, engaged, or hired to perform work or service

21 of any kind or character within the State of Alabama,

22 including any job, task, work, labor, personal services, or

23 any other activity for which compensation is provided,

24 expected, or due, including, but not limited to, all

25 activities conducted by a business entity or employer. This

26 term shall not include casual domestic labor performed in a

27 household on behalf of the occupant of the household or the

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1 relationship between a contractor and the employees of a

2 subcontractor performing work for the contractor.

3 "(7) E-VERIFY. The electronic verification of

4 federal employment authorization program of the Illegal

5 Immigration Reform and Immigrant Responsibility Act of 1996,

6 P.L. 104-208, Division C, Section 403(a); 8 U.S.C. 1324(a),

7 and operated by the United States Department of Homeland

8 Security, or its successor program.

9 "(8) FEDERAL WORK AUTHORIZATION PROGRAM. Any of the

10 electronic verification of work authorization programs

11 operated by the United States Department of Homeland Security

12 or an equivalent federal work authorization program operated

13 by the United States Department of Homeland Security to verify

14 information of newly hired employees, under the Immigration

15 Reform and Control Act of 1986 (IRCA), P.L. 99-603 or the

16 Illegal Immigration Reform and Immigrant Responsibility Act of

17 1996, P.L. 104-208, Division C, Section 403(a); 8 U.S.C.

18 1324(a).

19 "(9) KNOWS or KNOWINGLY. A person acts knowingly or

20 with knowledge with respect to either of the following:

21 "a. The person's conduct or to attendant

22 circumstances when the person is aware of the nature of the

23 person's conduct or that those circumstances exist.

24 "b. A result of the person's conduct when the person

25 is reasonably aware that the person's conduct is likely to

26 cause that result.

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1 "(10) LAWFUL PRESENCE or LAWFULLY PRESENT. A person

2 shall be regarded as an alien unlawfully present in the United

3 States only if the person's unlawful immigration status has

4 been verified by the federal government pursuant to 8 U.S.C.

5 1373(c). No officer of this state or any political subdivision

6 of this state shall attempt to independently make a final

7 determination of an alien's immigration status. An alien

8 possessing self-identification in any of the following forms

9 is entitled to the presumption that he or she is an alien

10 lawfully present in the United States:

11 "a. A valid, unexpired Alabama driver's license.

12 "b. A valid, unexpired Alabama nondriver

13 identification card.

14 "c. A valid tribal enrollment card or other form of

15 tribal identification bearing a photograph or other biometric

16 identifier.

17 "d. Any valid United States federal or state

18 government issued identification document bearing a photograph

19 or other biometric identifier, including a valid Uniformed

20 Services Privileges and Identification Card if issued by an

21 entity that requires proof of lawful presence in the United

22 States before issuance.

23 "e. A foreign passport with an unexpired United

24 States Visa and a corresponding stamp or notation by the

25 United States Department of Homeland Security indicating the

26 bearer's admission to the United States.

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1 "f. A foreign passport issued by a visa waiver

2 country with the corresponding entry stamp and unexpired

3 duration of stay annotation or an I-94W form by the United

4 States Department of Homeland Security indicating the bearer's

5 admission to the United States.

6 "(11) POLICY OR PRACTICE. A guiding principle or

7 rule that may be written or adopted through repeated actions

8 or customs, which must be sanctioned by an agency or the head

9 of an agency.

10 "(12) PROTECTIVE SERVICES PROVIDER. A child

11 protective services worker; adult protective services worker;

12 protective services provider; or provider of services to

13 victims of domestic violence, stalking, sexual assault, or

14 human trafficking that receives federal grants under the

15 Victim of Crimes Act, the Violence Against Women Act, or the

16 Family Violence Prevention and Services Act.

17 "(13) PUBLIC EMPLOYER. Every department, agency, or

18 instrumentality of the state or a political subdivision of the

19 state including counties and municipalities.

20 "(14) STATE-FUNDED ENTITY. Any governmental entity

21 of the state, a county, or a municipality; or a political

22 subdivision thereof of the state, a county, or a municipality;

23 or any other entity that receives any state monies any monies

24 from the state, a county, or a municipality, or a political

25 subdivision of the state, a county, or a municipality;

26 provided, however, that an entity that merely provides a

27 service or a product to any governmental entity of the state,

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1 a county, or a municipality, or to a political subdivision of

2 the state, a county, or a municipality, and receives

3 compensation for the same, shall not be considered a

4 state-funded entity.

5 "(15) SUBCONTRACTOR. A subcontractor, contract

6 employee, staffing agency, or any contractor, regardless of

7 its tier. A person, business entity, or employer who is

8 awarded a portion of an existing contract by a contractor,

9 regardless of its tier.

10 "(16) UNAUTHORIZED ALIEN. An alien who is not

11 authorized to work in the United States as defined in 8 U.S.C.

12 1324a(h)(3).

13 "31-13-5.

14 "(a) No official or agency of this state or any

15 political subdivision thereof, including, but not limited to,

16 an officer of a court of this state, may adopt a policy or

17 practice that limits or restricts the enforcement of federal

18 immigration laws by limiting communication between its

19 officers and federal immigration officials in violation of 8

20 U.S.C. 1373 or 8 U.S.C. 1644, or that restricts its

21 officers in the enforcement of this chapter. If, in the

22 judgment of the Attorney General of Alabama, an official or

23 agency of this state or any political subdivision thereof,

24 including, but not limited to, an officer of a court in this

25 state, is in violation of this subsection, the Attorney

26 General shall report any violation of this subsection to the

27 Governor and the state Comptroller and that agency or

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1 political subdivision shall not be eligible to receive any

2 funds, grants, or appropriations from the State of Alabama

3 until such violation has ceased and the Attorney General has

4 so certified. Any appeal of the determination of the Attorney

5 General as considered in this section shall be first appealed

6 to the circuit court of the respective jurisdiction in which

7 the alleged offending agency resides.

8 "(b) All state officials, agencies, and personnel,

9 including, but not limited to, an officer of a court of this

10 state, shall fully comply with and, to the full extent

11 permitted by law, support the enforcement of federal law

12 prohibiting the entry into, presence, or residence in the

13 United States of aliens in violation of federal immigration

14 law.

15 "(c) Except as provided by federal law, officials or

16 agencies of this state or any political subdivision thereof,


18 state, may not be prohibited or in any way be restricted from

19 sending, receiving, or maintaining information relating to the

20 immigration status, lawful or unlawful, of any individual or

21 exchanging that information with any other federal, state, or

22 local governmental entity for any of the following official

23 purposes:

24 "(1) Determining the eligibility for any public

25 benefit, service, or license provided by any state, local, or

26 other political subdivision of this state.

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1 "(2) Verifying any claim of residence or domicile if

2 determination of residence or domicile is required under the

3 laws of this state or a judicial order issued pursuant to a

4 civil or criminal proceeding of this state.

5 "(3) Pursuant to 8 U.S.C. 1373 and 8 U.S.C.

6 1644.

7 "(d) A person who is a United States citizen or an

8 alien who is lawfully present in the United States and is a

9 resident of this state may file a petition with the

10 appropriate local district attorney or the Attorney General

11 requesting that he or she bring an action in circuit court to

12 challenge any official or head of an agency of this state or


14 an officer of a court in this state, that adopts or implements

15 a policy or practice that is in violation of 8 U.S.C. 1373

16 or 8 U.S.C. 1644. If the district attorney or the Attorney

17 General elects to not bring an action, he or she shall

18 publicly state in writing the justification for such a

19 decision. A district attorney or the Attorney General must

20 either bring an action or publicly state why no action was

21 brought within 90 days of receiving a petition. The petition

22 must be signed under oath and under penalty of perjury, and

23 must allege with specificity any alleged violations. The

24 district attorney or the Attorney General shall give the

25 official or head of an agency, including, but not limited to,

26 an officer of a court of this state, 30 days' notice of his or

27 her intent to file such an action. If there is a judicial

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1 finding that an official or head of an agency, including, but

2 not limited to, an officer of a court in this state, has

3 violated this section, the court shall order that the officer,

4 official, or head of an agency pay a civil penalty of not less

5 than one thousand dollars ($1,000) and not more than five

6 thousand dollars ($5,000) for each day that the policy or

7 practice has remained in effect after the filing of an action

8 pursuant to this section.

9 "(e) A court shall collect the civil penalty

10 prescribed in subsection (d) and remit one half of the civil

11 penalty to the Alabama Department of Homeland Security and the

12 second half shall be remitted to the Department of Public

13 Safety.

14 "(f) Every person working for the State of Alabama

15 or a political subdivision thereof, including, but not limited

16 to, a law enforcement agency in the State of Alabama or a

17 political subdivision thereof, shall have a duty to report

18 violations of this section of which the person has knowledge.

19 Any person who willfully fails to report any violation of this

20 section when the person knows has knowledge that this section

21 is being violated shall be guilty of obstructing governmental

22 operations as defined in Section 13A-10-2.

23 "(g) For the purposes of this section, the term

24 official or head of an agency of this state shall not include

25 a law enforcement officer or other personnel employed in a

26 jail who is acting within the line and scope of his or her

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1 duty, except for a sheriff, a chief of police, or the head of

2 any law enforcement agency.

3 "(h) For the purposes of this section, any

4 proceedings against an official shall be only in his or her

5 official capacity. Each side on any litigation considered

6 within this section shall bear his or her own costs and fees

7 associated with the litigation unless otherwise ordered by the

8 court. For the purposes of this section, the relevant statute

9 of repose for assessing penalties shall be no more than 30

10 days prior to the initial allegation of the violations of this

11 section.

12 "(i) For the purposes of this section, the term

13 officer of the court shall not be interpreted to interfere

14 with the relationship between an attorney and his or her

15 client.

16 "31-13-6.

17 "(a) No official or agency of this state or any


19 an officer of a court of this state, may adopt a policy or

20 practice that limits or restricts the enforcement of this

21 chapter to less than the full extent permitted by this chapter

22 or that in any way limits communication between its officers

23 or officials in furtherance of the enforcement of this

24 chapter. If, in the judgment of the Attorney General of

25 Alabama, an official or agency of this state or any political

26 subdivision thereof, including, but not limited to, an officer

27 of a court of this state, is in violation of this subsection,

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1 the Attorney General shall report any violation of this

2 subsection to the Governor and the state Comptroller and that

3 agency or political subdivision shall not be eligible to

4 receive any funds, grants, or appropriations from the State of

5 Alabama until such violation has ceased and the Attorney

6 General has so certified.

7 "(b) All state officials, agencies, and personnel,


9 state, shall fully comply with and, to the full extent

10 permitted by law, support the enforcement of this chapter.

11 "(c) Except as provided by this chapter, officials

12 or agencies of this state or any political subdivision

13 thereof, including, but not limited to, an officer of a court

14 of this state, may not be prohibited or in any way be

15 restricted from sending, receiving, or maintaining information

16 relating to the immigration status, lawful or unlawful, of any

17 individual or exchanging that information with any other

18 federal, state, or local governmental entity for any of the

19 following official purposes:

20 "(1) Determining the eligibility for any public

21 benefit, service, or license provided by any state, local, or

22 other political subdivision of this state.

23 "(2) Verifying any claim of residence or domicile if

24 determination of residence or domicile is required under the

25 laws of this state or a judicial order issued pursuant to a

26 civil or criminal proceeding of this state.

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1 "(3) Pursuant to 8 U.S.C. 1373 and 8 U.S.C.

2 1644.

3 "(d) A person who is a United States citizen or an

4 alien who is lawfully present in the United States and is a

5 resident of this state may file a petition with the

6 appropriate local district attorney or the Attorney General

7 requesting that he or she bring an action in circuit court to

8 challenge any official or head of an agency of this state or


10 an officer of a court in this state, that adopts or implements

11 a policy or practice that limits or restricts the enforcement

12 of this chapter to less than the full extent permitted by this

13 chapter. If the district attorney or the Attorney General

14 elects to not bring an action, he or she shall publicly state

15 in writing the justification for such a decision. A district

16 attorney or the Attorney General must either bring an action

17 or publicly state why no action was brought within 90 days of

18 receiving a petition. The petition must be signed under oath

19 and under penalty of perjury and must allege with specificity

20 any alleged violations. Such person shall have actual

21 knowledge that any official or head of an agency of this state

22 or political subdivision thereof, including, but not limited

23 to, an officer of a court in this state, has adopted or

24 implemented a policy or practice that limits or restricts the

25 enforcement of this chapter to less than the full extent

26 permitted by this chapter. The district attorney or the

27 Attorney General shall give the official or head of an agency,

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1 including, but not limited to, an officer of a court in this

2 state, 30 days' notice of his or her intent to file such an

3 action. If there is a judicial finding that an official or

4 head of an agency, including, but not limited to, an officer

5 of a court in this state, has violated this section, the court

6 shall order that the officer, official, or head of an agency

7 pay a civil penalty of not less than one thousand dollars

8 ($1,000) and not more than five thousand dollars ($5,000) for

9 each day that the policy or practice has remained in effect

10 after the filing of an action pursuant to this section.

11 "(e) A court shall collect the civil penalty

12 prescribed in subsection (d) and remit one half of the civil

13 penalty to the Alabama Department of Homeland Security and the

14 second half shall be remitted to the Department of Public

15 Safety.

16 "(f) Every person working for the State of Alabama

17 or a political subdivision thereof, including, but not limited

18 to, a law enforcement agency in the State of Alabama or a

19 political subdivision thereof, shall have a duty to report

20 violations of this section of which the person has knowledge.

21 Failure to report any violation of this section when there is

22 reasonable cause to believe that this section is being

23 violated is Any person who willfully fails to report any

24 violation of this section when the person has knowledge that

25 this section is being violated shall be guilty of obstructing

26 governmental operations as defined in Section 13A-10-2, and

27 shall be punishable pursuant to state law.

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1 "(g) For the purposes of this section, the term

2 official or head of an agency of this state shall not include

3 a law enforcement officer or other personnel employed in a

4 jail who is acting within the line and scope of his or her

5 duty, except for a sheriff, a chief of police, or the head of

6 any law enforcement agency.

7 "(h) For the purposes of this section, the term

8 officer of the court shall not be interpreted to interfere

9 with the relationship between an attorney and his or her

10 client.

11 "31-13-8.

12 "An alien who is not lawfully present in the United

13 States shall not be permitted to enroll in or attend any

14 public postsecondary education institution in this state. An

15 alien attending any public postsecondary institution in this

16 state must either possess lawful permanent residence or an

17 appropriate nonimmigrant visa under 8 U.S.C. 1101, et seq.

18 For the purposes of this section, a public postsecondary

19 education institution officer may seek federal verification of

20 an alien's immigration status with the federal government

21 pursuant to 8 U.S.C. 1373(c). A public postsecondary

22 education institution officer or official shall not attempt to

23 independently make a final determination of whether an alien

24 is lawfully present in the United States. Except as otherwise

25 provided by law, an alien who is not lawfully present in the

26 United States shall not be eligible for any postsecondary

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1 education benefit, including, but not limited to,

2 scholarships, grants, or financial aid.

3 "31-13-9.

4 "(a) As a condition for the award of any contract,

5 grant, or incentive by the state, any political subdivision

6 thereof, or any state-funded entity to a business entity or

7 employer that employs one or more employees, the business

8 entity or employer shall not knowingly employ, hire for

9 employment, or continue to employ an unauthorized alien within

10 the State of Alabama and shall attest to such, by sworn

11 affidavit signed before a notary.

12 "(b) As a condition for the award of any contract,

13 grant, or incentive by the state, any political subdivision

14 thereof, or any state-funded entity to a business entity or

15 employer that employs one or more employees within the state

16 of Alabama, the business entity or employer shall provide

17 documentation establishing that the business entity or

18 employer is enrolled in the E-Verify program. During the

19 performance of the contract, the business entity or employer

20 shall participate in the E-Verify program and shall verify

21 every employee that is required to be verified according to

22 the applicable federal rules and regulations.

23 "(c) No Any subcontractor on a project paid for by

24 contract, grant, or incentive by the state, any political

25 subdivision thereof, or any state-funded entity shall not

26 knowingly employ, hire for employment, or continue to employ

27 an unauthorized alien within the State of Alabama and shall

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1 attest to such by sworn affidavit signed before a notary. The

2 subcontractor shall also enroll in the E-Verify program prior

3 to performing any work on the project. and shall attach to the

4 sworn affidavit documentation establishing that the

5 subcontractor is enrolled in the E-Verify program Furthermore,

6 during the performance of the contract, the subcontractor

7 shall participate in the E-Verify program and shall verify

8 every employee that is required to be verified according to

9 the applicable federal rules and regulations. This subsection

10 shall only apply to subcontractors performing work on a

11 project subject to the provisions of this section and not to

12 collateral persons or business entities hired by the

13 subcontractor.

14 "(d) A contractor of any tier shall not be liable

15 under this section when such contractor contracts with its

16 direct subcontractor who violates subsection (c), if the

17 contractor receives a sworn affidavit from the subcontractor

18 signed before a notary attesting to the fact that the direct

19 subcontractor, in good faith, has complied with subsection (c)

20 with respect to verifying each of its employee's eligibility

21 for employment, unless the contractor knows the direct

22 subcontractor is violating subsection (c). unless it is shown

23 by clear and convincing evidence that the contractor knew or

24 should have known that the direct subcontractor was in

25 violation of subsection (c).

26 "(e)(1) Upon a finding by a court of competent

27 jurisdiction of a the first violation of subsection (a) by any

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1 business entity or employer, including a subcontractor:

2 awarded a contract by the state, any political subdivision

3 thereof, or any state-funded entity the business entity or

4 employer shall be deemed in breach of contract and the state,

5 political subdivision thereof, or state-funded entity may

6 terminate the contract after providing notice and an

7 opportunity to be heard. Upon application by the state entity,

8 political subdivision thereof, or state-funded entity, the

9 Attorney General may bring an action to suspend the business

10 licenses and permits of the business entity or employer for a

11 period not to exceed 60 days, according to the procedures

12 described in Section 31-13-15. The court shall order the

13 business entity or employer to file a signed, sworn affidavit

14 with the local district attorney within three days after the

15 order is issued by the court stating that the business entity

16 or employer has terminated the employment of every

17 unauthorized alien and the business entity or employer will

18 not knowingly or intentionally employ an unauthorized alien in

19 this state. Before a business license or permit that has been

20 suspended under this subsection is reinstated, a legal

21 representative of the business entity or employer shall submit

22 to the court a signed, sworn affidavit stating that the

23 business entity or employer is in compliance with the

24 provisions of this chapter and a copy of the memorandum of

25 understanding issued to the business entity or employer at the

26 time of enrollment in E-Verify.

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1 "a. The business entity or employer shall be deemed

2 in breach of contract and the state, political subdivision

3 thereof, or state-funded entity may terminate the contract

4 after providing notice and an opportunity to be heard.

5 "b. The court shall do all of the following:

6 "1. Order the business entity or employer to

7 terminate the employment of every unauthorized alien.

8 "2. Subject the business entity or employer to a

9 three-year probationary period throughout the state. During

10 the probationary period, the business entity or employer shall

11 file quarterly reports with the appropriate local district

12 attorney of each new employee who is hired by the business

13 entity or employer in the state.

14 "3. Order the business entity or employer to file,

15 subject to the penalty of perjury, a signed, sworn affidavit

16 with the appropriate local district attorney within three days

17 after the order is issued by the court stating that the

18 business entity or employer has terminated the employment of

19 every unauthorized alien and the business entity or employer

20 will not knowingly or intentionally employ an unauthorized

21 alien in this state.

22 "c.1. If the court determines that the business

23 entity or employer has a policy or practice that violates

24 state or federal immigration laws, the court shall direct the

25 applicable state, county, or municipal governing bodies to

26 suspend the business licenses, permits, articles of

27 incorporation, articles of organization, or any other

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1 authorizing document, if such exist, of the business entity or

2 employer for a period not to exceed 60 days specific to the

3 location or locations where the unauthorized alien performed

4 work.

5 "2. Before a business license, permit, or other

6 authorizing document that has been suspended under this

7 paragraph is reinstated, a legal representative of the

8 business entity or employer shall submit to the court a

9 signed, sworn affidavit stating that the business entity or

10 employer is in compliance with the provisions of this

11 subdivision and a copy of the Memorandum of Understanding

12 issued to the business entity or employer at the time of

13 enrollment in E-Verify.

14 "(2) Upon a finding by a court of competent

15 jurisdiction of a second or subsequent violation of subsection

16 (a) by any a business entity or employer, including a

17 subcontractor, awarded a contract by the state, any political

18 subdivision thereof, or any state-funded entity that occurs

19 within five years of a finding by a court of competent

20 jurisdiction of a first violation by the business entity or

21 employer: the business entity or employer shall be deemed in

22 breach of contract and the state, any political subdivision

23 thereof, or any state-funded entity shall terminate the

24 contract after providing notice and an opportunity to be

25 heard. Upon application by the state entity, political

26 subdivision thereof, or state-funded entity, the Attorney

27 General may bring an action to permanently revoke the business

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1 licenses and permits of the business entity or employer

2 according to the procedures described in Section 31-13-15.



5 thereof, or state-funded entity shall terminate the contract






11 five-year probationary period throughout the state. During the

12 probationary period, the business entity or employer shall












24 "c.1. If the court determines that the business




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4 employer for a period not less than 60 days and not to exceed

5 120 days specific to the location or locations where the

6 unauthorized alien performed work.






12 employer is in compliance with the provisions of this

13 subdivision and a copy of the Memorandum of Understanding

14 issued to the business entity or employer at the time of


16 "(3) Upon a finding by a court of competent

17 jurisdiction of a third or subsequent violation of subsection

18 (a) by a business entity or employer, including a

19 subcontractor, awarded a contract by the state, any political

20 subdivision thereof, or any state-funded entity that occurs

21 within five years of a finding by a court of competent

22 jurisdiction of a second or subsequent violation by the

23 business entity or employer:



26 thereof, or state-funded entity shall terminate the contract


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5 seven-year probationary period throughout the state. During













18 "c. If the court determines that the business entity

19 or employer has a policy or practice that violates state or

20 federal immigration laws, the court shall direct the


22 permanently suspend all business licenses, permits, articles

23 of incorporation, articles of organization, or any other


25 employer.

26 "(f)(1) Upon the first violation of subsection (c)

27 by a subcontractor, the state or political subdivision thereof

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1 may bar the subcontractor from doing business with the state,

2 any political subdivision thereof, any state-funded entity, or

3 with any contractor who contracts with the state, any

4 political subdivision thereof, or any state-funded entity

5 after providing notice and an opportunity to be heard. Upon

6 application by the state entity or political subdivision

7 thereof, or state-funded entity, the Attorney General may

8 bring an action to suspend the business licenses and permits

9 of the subcontractor for a period not to exceed 60 days,

10 according to the procedures described in Section 31-13-15. The

11 court shall order the subcontractor to file a signed, sworn

12 affidavit with the local district attorney within three days


14 subcontractor has terminated the employment of every

15 unauthorized alien and the subcontractor will not knowingly or

16 intentionally employ an unauthorized alien in this state.

17 Before a business license or permit that has been suspended

18 under this subsection is reinstated, a legal representative of

19 the subcontractor shall submit to the court a signed, sworn

20 affidavit stating that the subcontractor is in compliance with

21 the provisions of this chapter and a copy of the memorandum of

22 understanding issued to the subcontractor at the time of


24 "(2) Upon a second or subsequent violation of

25 subsection (c) by a subcontractor and upon application by the

26 state entity or political subdivision thereof, or state-funded

27 entity, the Attorney General may bring an action to

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1 permanently suspend the business licenses of the business

2 entity or employer according to the procedures described in

3 Section 31-13-15. The determination of a violation shall be

4 according to the procedures described in Section 31-13-15.

5 "(g)(f) A business entity or employer that complies

6 with subsection (b) shall not be found to be in violation of

7 subsection (a). A subcontractor that is enrolled in the

8 E-Verify program during the full period of performance of the

9 subcontract shall not be found to be in violation of

10 subsection (c). This section shall not be construed to deny

11 any procedural mechanisms or legal defenses included in the

12 E-Verify program or any other federal work authorization

13 program. A business entity or employer that establishes that

14 it has complied in good faith with the requirements of 8

15 U.S.C. 1324a(b) or this law establishes an affirmative

16 defense that the business entity or employer did not knowingly

17 hire or employ an unauthorized alien.

18 "(h)(g) The Secretary of State shall adopt rules to

19 administer this section and shall report any rules adopted to

20 the Legislature.

21 "(i)(h) Compliance with this section may be verified

22 by the state authorities or law enforcement contracting

23 authority or any state or local law enforcement agency at any

24 time to ensure a contractual agreement as provided for in this

25 section is being met.

26 "(j) The suspension of a business license or permit

27 under subsection (e)(1) and (f)(1) shall terminate one

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1 business day after a legal representative of the business

2 entity, employer, or subcontractor submits a signed, sworn

3 affidavit stating that the business entity, employer, or

4 subcontractor is in compliance with this chapter to the court.

5 "(i) Anything to the contrary notwithstanding, this

6 section shall not apply to agreements by the state, any

7 political subdivision thereof, or any state-funded entity

8 relating to debt obligations by such entities.

9 "(j) Any business entity or employer found in

10 violation of this section that has had their business license,

11 permit, or other authorizing document suspended shall not, for

12 the duration of the suspension, be allowed, directly or

13 indirectly, to procure or execute a license, permit, or

14 authorizing document similar to those that have been

15 suspended.

16 "(k) All contracts or agreements to which the state,

17 a political subdivision, or state-funded entity are a party

18 shall include the following clause: "By signing this contract,

19 the contracting parties affirm, for the duration of the

20 agreement, that they will not violate federal immigration law

21 or knowingly employ, hire for employment, or continue to

22 employ an unauthorized alien with the state of Alabama.

23 Furthermore, a contracting party found to be in violation of

24 this provision shall be deemed in breach of the agreement and

25 shall be responsible for all damages resulting therefrom."

26 "(l) For purposes of this section, "contract" shall

27 mean a contract awarded by the state, any political

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1 subdivision thereof, or any state-funded entity was

2 competitively bid or would, if entered into by the state or an

3 agency thereof, be required to be submitted to the Contract

4 Review Permanent Legislative Oversight Committee.

5 "31-13-13.

6 "(a) It shall be unlawful for a person to do any of

7 the following:

8 "(1) Conceal, harbor, or shield from detection or

9 attempt to conceal, harbor, or shield from detection or

10 conspire to conceal, harbor, or shield from detection an alien

11 from detection in any place in this state, including any

12 building or any means of transportation, if the person knows

13 or recklessly disregards the fact that the alien has come to,

14 has entered, or remains in the United States in violation of

15 federal law. This subdivision should be interpreted consistent

16 with 8 U.S.C. 1324(a)(1)(A).

17 "(2) Encourage or induce an alien to come to or

18 reside in this state if the person knows or recklessly

19 disregards the fact that such aliens' coming to, entering, or

20 residing in the United States is or will be in violation of

21 federal law. This subdivision should be interpreted consistent

22 with 8 U.S.C. 1324(a)(1)(A).

23 "(3) Transport, or attempt to transport, or conspire

24 to transport in this state an alien in furtherance of the

25 unlawful presence of the alien in the United States,

26 knowingly, or in reckless disregard of the fact, that the

27 alien has come to, entered, or remained in the United States

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1 in violation of federal law. Conspiracy to be so transported

2 shall be a violation of this subdivision. This subdivision

3 should be interpreted consistent with 8 U.S.C.

4 1324(a)(1)(A).

5 "(4) Harbor an alien unlawfully present in the

6 United States by entering into a rental agreement, as defined

7 by Section 35-9A-141, with an alien to provide accommodations,

8 if the person knows or recklessly disregards the fact that the

9 alien is unlawfully present in the United States.

10 "(4) It shall not be a violation of this section for

11 a religious denomination having a bona fide nonprofit

12 religious organization in the United States, or the agents or

13 officers of the denomination or organization, to encourage,

14 invite, call, allow, or enable an alien who is present in the

15 United States to perform the vocation of a minister or

16 missionary for the denomination or organization in the United

17 States as a volunteer who is not compensated as an employee,

18 notwithstanding the provision of room, board, travel, medical

19 assistance, and other basic living expenses, provided the

20 minister or missionary has been a member of the denomination

21 for at least one year. This subdivision should be interpreted

22 consistent with 8 U.S.C. 1324(a)(1)(C).

23 "(b) Any person violating this section is guilty of

24 a Class A misdemeanor for each unlawfully present alien, the

25 illegal presence of which in the United States and the State

26 of Alabama, he or she is facilitating or is attempting to

27 facilitate.

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1 "(c) A person violating this section is guilty of a

2 Class C felony when the violation involves 10 five or more

3 aliens, the illegal presence of which in the United States and

4 the State of Alabama, he or she is facilitating or is

5 attempting to facilitate.

6 "(d) Notwithstanding any other law, a law

7 enforcement agency may securely transport an alien whom the

8 agency has received verification from the federal government

9 pursuant to 8 U.S.C. 1373(c) is unlawfully present in the

10 United States and who is in the agency's custody to a state

11 approved facility, to a federal facility in this state, or to

12 any other point of transfer into federal custody that is

13 outside the jurisdiction of the law enforcement agency. A law

14 enforcement agency shall obtain judicial or executive

15 authorization from the Governor before securely transporting

16 an alien who is unlawfully present in the United States to a

17 point of transfer that is outside this state.

18 "(e) Notwithstanding any other law, any person

19 acting in his or her official capacity as a first responder or

20 protective services provider may harbor, shelter, move, or

21 transport an alien unlawfully present in the United States

22 pursuant to state law.

23 "(f) Any conveyance, including any vessel, vehicle,

24 or aircraft, that has been or is being used in the commission

25 of a violation of this section, and the gross proceeds of such

26 a violation, shall be subject to civil forfeiture under the

27 procedures of Section 20-2-93.

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1 "(g) In the enforcement of this section, an alien's

2 immigration status shall be determined by verification of the

3 alien's immigration status with the federal government

4 pursuant to 8 U.S.C. 1373(c). A law enforcement officer

5 shall not attempt to independently make a final determination

6 of whether an alien is lawfully present in the United States.

7 "(h) Any record that relates to the immigration

8 status of a person is admissible in any court of this state

9 without further foundation or testimony from a custodian of

10 records if the record is certified as authentic by the federal

11 government agency that is responsible for maintaining the

12 record. A verification of an alien's immigration status

13 received from the federal government pursuant to 8 U.S.C.

14 1373(c) shall constitute proof of that alien's status. A court

15 of this state shall consider only the federal government's

16 verification in determining whether an alien is lawfully

17 present in the United States.

18 "31-13-15.

19 "(a) No business entity, employer, or public

20 employer shall knowingly employ, hire for employment, or

21 continue to employ an unauthorized alien to perform work

22 within the State of Alabama. Knowingly employ, hire for

23 employment, or continue to employ an unauthorized alien means

24 the actions described in 8 U.S.C. 1324a.

25 "(b) Effective April 1, 2012, every Every business

26 entity or employer in this state shall enroll in E-Verify and

27 thereafter, according to the federal statutes and regulations

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1 governing E-Verify, shall verify the employment eligibility of

2 the employee performing work within the State of Alabama

3 through E-Verify. A business entity or employer that uses

4 E-Verify to verify the work authorization of an employee

5 performing work within the State of Alabama shall not be

6 deemed to have violated this section with respect to the

7 employment of that employee.

8 "(c)(1) Upon a finding by a court of competent

9 jurisdiction of a first violation of subsection (a) by any

10 business entity or employer:

11 "a. The court shall do all of the following:

















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1 "b.1. If the court determines that the business







8 employer for a period not to exceed 60 days specific to the

9 location or locations where the unauthorized alien performed

10 work.






16 employer is in compliance with this section and a copy of the

17 Memorandum of Understanding issued to the business entity or

18 employer at the time of enrollment in E-Verify.

19 "(c) On a finding of a first violation by a court of

20 competent jurisdiction that a business entity or employer

21 knowingly violated subsection (a), the court shall do all of

22 the following:

23 "(1) Order the business entity or employer to


25 "(2) Subject the business entity or employer to a



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1 file quarterly reports with the local district attorney of

2 each new employee who is hired by the business entity or

3 employer in the state.

4 "(3) Order the business entity or employer to file a

5 signed, sworn affidavit with the local district attorney

6 within three days after the order is issued by the court

7 stating that the business entity or employer has terminated

8 the employment of every unauthorized alien and the business

9 entity or employer will not knowingly or intentionally employ

10 an unauthorized alien in this state.

11 "(4) Direct the applicable state, county, or

12 municipal governing bodies to suspend the business licenses

13 and permits, if such exist, of the business entity or employer

14 for a period not to exceed 10 business days specific to the

15 business location where the unauthorized alien performed work.

16 "(d)(1) Before a business license or permit that has

17 been suspended under subsection (c) is reinstated, a legal

18 representative of the business entity or employer shall submit

19 to the court a signed, sworn affidavit stating that the

20 business entity or employer is in compliance with the

21 provisions of this chapter and a copy of the memorandum of

22 understanding issued to the business entity or employer at the

23 time of enrollment in E-Verify.

24 "(2) The suspension of a business license or permit

25 under subsection (c) shall terminate one business day after a

26 legal representative of the business entity or employer

27 submits a signed, sworn affidavit stating that the business

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1 entity or employer is in compliance with the provisions of

2 this chapter to the court.

3 "(d) Upon a finding by a court of competent

4 jurisdiction of a second violation of subsection (a) by a

5 business entity or employer that occurs within five years of a

6 finding by a court of competent jurisdiction of a first

7 violation by the business entity or employer:





12 five-year probationary period throughout the state. During the

13 probationary period, the business entity or employer shall












25 "b.1. If the court determines that the business



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5 employer for a period not less than 60 days and not to exceed

6 120 days specific to the location or locations where the

7 unauthorized alien performed work.






13 employer is in compliance with this section and a copy of the

14 Memorandum of Understanding issued to the business entity or

15 employer at the time of enrollment in E-Verify.

16 "(e) For a second violation of subsection (a) by a

17 business entity or employer, the court shall direct the

18 applicable state, county, or municipal governing body to

19 permanently revoke all business licenses and permits, if such

20 exist, held by the business entity or employer specific to the

21 business location where the unauthorized alien performed work.

22 On receipt of the order, and notwithstanding any other law,

23 the appropriate agencies shall immediately revoke the licenses

24 and permits held by the business entity or employer.

25 "(e) Upon a finding by a court of competent

26 jurisdiction of a third or subsequent violation of subsection

27 (a) by a business entity or employer that occurs within five

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1 years of a finding by a court of competent jurisdiction of a

2 second or subsequent violation by the business entity or

3 employer:





8 seven-year probationary period throughout the state. During













21 "b. If the court determines that the business entity

22 or employer has a policy or practice that violates state or

23 federal immigration laws, the court shall direct the


25 permanently suspend all business licenses, permits, articles

26 of incorporation, articles of organization, or any other

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2 employer.

3 "(f) For a subsequent violation of subsection (a),

4 the court shall direct the applicable governing bodies to

5 forever suspend the business licenses and permits, if such

6 exist, of the business entity or employer throughout the

7 state.

8 "(g)(f) This section shall not be construed to deny

9 any procedural mechanisms or legal defenses included in the

10 E-Verify program or any other federal work authorization

11 program. A person or entity that establishes that it has

12 complied in good faith with the requirements of 8 U.S.C.

13 1324a(b) or this law establishes an affirmative defense that

14 the business entity or employer did not knowingly hire or

15 employ an unauthorized alien.

16 "(h)(g) In proceedings of the court, the

17 determination of whether an employee is an unauthorized alien

18 shall be made by the federal government, pursuant to 8 U.S.C.

19 1373(c). The court shall consider only the federal

20 government's determination when deciding whether an employee

21 is an unauthorized alien. The court may take judicial notice

22 of any verification of an individual's immigration status

23 previously provided by the federal government and may request

24 the federal government to provide further automated or

25 testimonial verification.

26 "(i) (h) Any business entity or employer that

27 terminates an employee to comply with this section shall not

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1 be liable for any claims made against the business entity or

2 employer by the terminated employee, provided that such

3 termination is made without regard to the race, ethnicity, or

4 national origin of the employee and that such termination is

5 consistent with the anti-discrimination laws of this state and

6 of the United States.

7 "(j)(i) If any agency of the state or any political

8 subdivision thereof fails to suspend the business licenses or

9 permits, if such exist, as a result of a violation of this

10 section, the agency shall be deemed to have violated

11 subsection (a) of Section 31-13-5 and shall be subject to the

12 penalties thereunder.

13 "(k)(j) In addition to the district attorneys of

14 this state, the Attorney General shall also have authority to

15 bring a civil complaint in any court of competent jurisdiction

16 to enforce the requirements of this section.

17 "(1) Any resident of this state may petition the

18 appropriate local district attorney or the Attorney General to

19 bring an enforcement action against a specific business entity

20 or employer by means of a written, signed petition. A valid

21 petition shall include an allegation that describes the

22 alleged violator or violators, as well as the action

23 constituting the violation, and the date and location where

24 the action occurred. The petition must be signed under oath

25 and under penalty of perjury and must allege with specificity

26 any alleged violations.

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1 "(2) A petition that alleges a violation on the

2 basis of national origin, ethnicity, or race shall be deemed

3 invalid and shall not be acted upon.

4 "(3) The Attorney General or the district attorney

5 shall respond to any petition under this subsection within 60

6 days of receiving the petition, either by filing a civil

7 complaint in a court of competent jurisdiction or by informing

8 the petitioner in writing that the Attorney General or the

9 district attorney has determined that filing a civil complaint

10 is not warranted.

11 "(l)(k) This section does not apply to the

12 relationship between a party and the employees of an

13 independent contractor performing work for the party and does

14 not apply to casual domestic labor performed within a

15 household.

16 "(m)(l) It is an affirmative defense to a violation

17 of subsection (a) of this section that a business entity or

18 employer was entrapped.

19 "(1) To claim entrapment, the business entity or

20 employer must admit by testimony or other evidence the

21 substantial elements of the violation.

22 "(2) A business entity or employer who asserts an

23 entrapment defense has the burden of proving by clear and

24 convincing evidence the following:

25 "a. The idea of committing the violation started

26 with law enforcement officers or their agents rather than with

27 the business entity or employer.

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1 "b. The law enforcement officers or their agents

2 urged and induced the business entity or employer to commit

3 the violation.

4 "c. The business entity or employer was not already

5 predisposed to commit the violation before the law enforcement

6 officers or their agents urged and induced the employer to

7 commit the violation.

8 "(n)(m) In addition to actions taken by the state or

9 political subdivisions thereof, the Attorney General or the

10 district attorney of the relevant county may bring an action

11 to enforce the requirements of this section in any county

12 district circuit court of this state wherein the business

13 entity or employer does business.

14 "(o)(n) The terms of this section shall be

15 interpreted consistently with 8 U.S.C. 1324a and any

16 applicable federal rules and regulations.

17 "(o) Compliance with this section may be verified by

18 any state or local law enforcement agency at any time to

19 ensure a contractual agreement as provided for in this section

20 is being met.

21 "(p) Any business entity or employer found in

22 violation of this section that has had their business license,

23 permit, or other authorizing document suspended shall not, for

24 the duration of the suspension, be allowed, directly or

25 indirectly, to procure or execute a license, permit, or

26 authorizing document similar to those that have been

27 suspended."

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1 Section 2. Section 32-6-9, Code of Alabama 1975, as

2 amended by Section 18 of Act 2011-535, 2011 Regular Session,

3 is amended to read as follows:

4 "32-6-9.

5 "(a) Every licensee shall have his or her license in

6 his or her immediate possession at all times when driving a

7 motor vehicle and shall display the same, upon demand of a

8 judge of any court, a peace officer or a state trooper.

9 However, no person charged with violating this section shall

10 be convicted if he or she produces in court or the office of

11 the arresting officer a driver's license theretofore issued to

12 him or her and valid at the time of his or her arrest.

13 "(b) Notwithstanding Section 32-1-4 any other law to

14 the contrary, if a law officer arrests shall arrest a person

15 for a violation of this section and or of Section 32-6-1 if

16 the officer is unable to determine by any other means that the

17 person has a valid driver's license or has ever obtained a

18 driver's license in Alabama., If that occurs, the officer

19 shall transport the person to the nearest or most accessible

20 magistrate for a determination, pursuant to subsection (c),

21 that the person is a United States citizen or national or is

22 an alien lawfully present in the United States.

23 "(c) A reasonable effort shall be made as soon as

24 possible, but not later than within 48 hours, to determine the

25 citizenship of the person and if an alien, whether the alien

26 is lawfully present in the United States by verification with

27 the federal government pursuant to 8 U.S.C. 1373(c). An

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1 officer shall not attempt to independently make a final

2 determination of whether an alien is lawfully present in the

3 United States.

4 "(d) A verification inquiry, pursuant to 8 U.S.C.

5 1373(c), shall be made within 48 hours to the Law Enforcement

6 Support Center of the United States Department of Homeland

7 Security or other office or agency designated for that purpose

8 by the federal government. If the person is determined to be

9 an alien unlawfully present in the United States, the person

10 shall be considered a flight risk and shall be detained until

11 prosecution or until handed over to federal immigration

12 authorities."

13 Section 3. Sections 20, 21, 24, 27, 29, and 30 of

14 Act 2011-535, 2011 Regular Session, now appearing as Sections

15 31-13-19, 31-13-20, 31-13-23, 31-13-26, 31-13-28, and

16 31-13-29, Code of Alabama 1975, are amended to read as

17 follows:

18 "31-13-19.

19 "If an alien who is unlawfully present in the United

20 States is convicted of a violation of state or local law and

21 is within 30 days of release or has paid any fine as required

22 by operation of law, the agency legally responsible for his or

23 her custody incarceration at that time shall notify the United

24 States Bureau of Immigration and Customs Enforcement and the

25 Alabama Department of Homeland Security, pursuant to 8 U.S.C.

26 1373. The Alabama Department of Homeland Security shall

27 assist in the coordination of the transfer of the prisoner to

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1 the appropriate federal immigration authorities; however, the

2 Alabama Department of Corrections agency responsible for his

3 or her incarceration agency legally responsible for his or her

4 custody at that time shall maintain custody during any

5 transfer of the individual.

6 "31-13-20.

7 "If a person is an alien who is unlawfully present

8 in the United States and is a victim of a criminal act, is the

9 child of a victim of a criminal act, is a biological parent or

10 legal guardian of a victim of a criminal act who is a minor,

11 is a critical witness in any prosecution, is the biological

12 parent or legal guardian of a critical witness in any

13 prosecution who is a minor, or is the child of a critical

14 witness in any prosecution of a state or federal crime, all

15 provisions of this chapter shall be stayed until all of the

16 related legal proceedings are concluded. However, the relevant

17 state, county, or local law enforcement agency shall comply

18 with any request by federal immigration officers to take

19 custody of the person.

20 "31-13-23.

21 "(a) The Alabama Department of Homeland Security

22 shall file a quarterly an annual report to the Legislature on

23 the progress being made regarding the enforcement of this

24 chapter and the status of the progress being made in the

25 effort to reduce the number of illegal aliens in the State of

26 Alabama. The report shall include, but is not limited to, the

27 statistics and results from the enforcement of the sections of

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1 this chapter, and suggestions on what can be done including

2 additional legislation to further assist the federal

3 government in its efforts to apprehend illegal aliens in the

4 State of Alabama. At the start of the 2013 fiscal year, the

5 report shall be filed twice a year. At the start of the 2015

6 fiscal year, the report is required annually. This report

7 shall also be made available to the public and shall be

8 announced through a press release from the Attorney General's

9 office.

10 "(b) Upon receipt of a written complaint alleging a

11 violation of the provisions of this chapter requiring

12 verification and determination of the immigration status of

13 employees, the Alabama Department of Homeland Security shall

14 have the authority to request from the business entity or

15 employer that is the subject of the complaint, proof of

16 enrollment in E-Verify. The department shall further have the

17 authority to inspect all records of the business entity or

18 employer which relate to the requests for verification and

19 determination of immigration status of employees through

20 E-Verify.

21 "(c) The Alabama Department of Homeland Security

22 shall create a mechanism for receiving tips from the general

23 public regarding possible violations of this chapter,

24 including the unlawful enforcement of this chapter.

25 "31-13-26.

26 "(a) No court of this state shall enforce the terms

27 of, or otherwise regard as valid, any contract between a party

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1 and an alien unlawfully present in the United States, if the

2 party had direct or constructive knowledge that the alien was

3 unlawfully present in the United States at the time the

4 contract was entered into, and the performance of the contract

5 required the alien to remain unlawfully present in the United

6 States for more than 24 hours after the time the contract was

7 entered into or performance could not reasonably be expected

8 to occur without such remaining.

9 "(b) This section shall not apply to a contract for

10 lodging for one night, a contract for the purchase of food to

11 be consumed by the alien, a contract for medical services, or

12 a contract for transportation of the alien that is intended to

13 facilitate the alien's return to his or her country of origin.

14 "(c) This section shall not apply to a contract

15 authorized by federal law, to a contract entered into prior to

16 the effective date of the act adding this language, or to a

17 contract for the appointment or retention of legal counsel in

18 legal matters.

19 "(d) In proceedings of the court, the determination

20 of whether an alien is unlawfully present in the United States

21 shall be made by the federal government, pursuant to 8 U.S.C.

22 1373(c). The court shall consider only the federal

23 government's determination when deciding whether an alien is

24 unlawfully present in the United States. The court may take

25 judicial notice of any verification of an individual's

26 immigration status previously provided by the federal

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1 government and may request the federal government to provide

2 further automated or testimonial verification.

3 "31-13-28.

4 "(a) Applications for voter registration shall

5 contain voter eligibility requirements and such information as

6 is necessary to prevent duplicative voter registrations and

7 enable the relevant election officer county board of

8 registrars to assess the eligibility of the applicant and to

9 administer voter registration, identify the applicant and to

10 determine the qualifications of the applicant as an elector

11 and the facts authorizing such person to be registered.

12 Applications shall contain a statement that the applicant

13 shall be required to provide qualifying identification when

14 voting.

15 "(b) The Secretary of State shall create a process

16 for the county election officer board of registrars to check

17 to indicate whether an applicant has provided with the

18 application the information necessary to assess the

19 eligibility of the applicant, including the applicant's United

20 States citizenship. This section shall be interpreted and

21 applied in accordance with federal law. No eligible applicant

22 whose qualifications have been assessed shall be denied

23 registration.

24 "(c) The county election officer or Secretary of

25 State's office board of registrars shall accept any completed

26 application for registration, but an applicant shall not be

27 registered until the applicant has provided satisfactory

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1 evidence of United States citizenship. Satisfactory evidence

2 of United States citizenship shall be provided in person at

3 the time of filing the application for registration or by

4 including, with a mailed registration application, a photocopy

5 of one of the documents listed as evidence of United States

6 citizenship in subsection (k). After a person has submitted

7 satisfactory evidence of citizenship, the county election

8 officer board of registrars shall indicate this information in

9 the person's permanent voter file.

10 "(d) Any person who is registered in this state on

11 September 1, 2011, is deemed to have provided satisfactory

12 evidence of United States citizenship and shall not be

13 required to submit evidence of citizenship.

14 "(e) For purposes of this section, proof of voter

15 registration from another state is not satisfactory evidence

16 of United States citizenship.

17 "(f) A registered voter who moves from one residence

18 to another within the state or who modifies his or her voter

19 registration records for any other reason shall not be

20 required to submit evidence of United States citizenship.

21 "(g) If evidence of United States citizenship is

22 deemed to be unsatisfactory due to an inconsistency between

23 the document submitted as evidence and the name or sex

24 provided on the application for registration, such applicant

25 may sign an affidavit containing both of the following:

26 "(1) Stating the inconsistency or inconsistencies

27 related to the name or sex, and the reason therefor.

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1 "(2) Swearing under oath that, despite the

2 inconsistency, the applicant is the individual reflected in

3 the document provided as evidence of citizenship.

4 "(h) There shall be no inconsistency between the

5 date of birth on the document provided as evidence of

6 citizenship and the date of birth provided on the application

7 for registration. If such an affidavit is submitted by the

8 applicant, the county election officer or Secretary of State

9 board of registrars shall assess the eligibility of the

10 applicant without regard to any inconsistency stated in the

11 affidavit.

12 "(i) All documents submitted as evidence of United

13 States citizenship shall be kept confidential by the county

14 election officer or the Secretary of State board of registrars

15 and maintained as provided by record retention laws.

16 "(j) Nothing in this section shall prohibit an

17 applicant from providing, or the Secretary of State or county

18 election officer county board of r

Senator Beason's Proposed Senate Floor Substitute to HB658 (as of 5/9/12)

Documents

Transcript of Senator Beason's Proposed Senate Floor Substitute to HB658 (as of 5/9/12)