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Alabama Immigration Law
(Act No. 2011-535)

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Sponsor: Hammon

Subject: Immigration Law

Status: Enacted 2011-535

Last Action Date: 06/02/2011

Topics/Keywords: Illegal aliens, presence, employment, contracts with, and benefits regulated, concealing, or protecting illegal aliens, prohibited, verification of legal status for employment and public benefits through E-Verify and SAVE, penalties, Alabama Department of Homeland Security to establish E-Verify employer agent service, citizenship status of students required, eligibility and requirements for voter registration, State Election Board, established, certain business transactions prohibited, Beason-Hammon Alabama Taxpayer and Citizen Protection Act, Sec. 32-6-9 am'd. (2011-21101)

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1    HB56

2    132433-8

3    By Representatives Hammon, Collins, Patterson, Rich, Nordgren,

4    Merrill, Treadaway, Johnson (R), Roberts, Henry, Bridges,

5    Gaston, Johnson (K), Chesteen, Sanderford, Williams (D),

6    McClendon, Wren, Williams (J), Hubbard (M), Williams (P),

7    Baughn, Moore (B), Long and Canfield

8    RFD: Public Safety and Homeland Security

9    First Read: 01-MAR-11

10   PFD: 02/25/2011

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HB56

1

2    ENROLLED, An Act,

3         Relating to illegal immigration; to define terms; to

4    require the Attorney General to attempt to negotiate a

5    Memorandum of Agreement under certain conditions; to require a

6    person to present proof of citizenship and residency before

7    voting; to preclude any state or local government or official

8    from refusing to assist the federal government in the

9    enforcement of federal immigration laws; to prohibit an alien

10   unlawfully present in the United States from receiving any

11   state or local public benefits; to prohibit a person not

12   lawfully present from being eligible on the basis of residence

13   for education benefits; to require business entities or

14   employers seeking economic incentives to verify the employment

15   eligibility of their employees and to provide penalties; to

16   require an illegal alien to possess certain documents already

17   required by federal law and to provide penalties; to prohibit

18   an unauthorized alien from seeking employment in this state

19   and to provide penalties; to require the verification of the

20   legal status of persons by law enforcement officers under

21   certain circumstances; to criminalize certain behavior

22   relating to concealing, harboring, shielding, or attempting to

23   conceal, harbor, or shield unauthorized aliens and to provide

24   penalties; to create the crime of dealing in false

25   identification documents and the crime of vital records

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1    identity fraud and to provide penalties; to prohibit a

2    business entity, employer, or public employer from knowingly

3    employing an unauthorized alien and to provide penalties; to

4    prohibit certain deductible business expenses; to make it a

5    discriminatory practice for a business entity or employer to

6    fail to hire a legally present job applicant or discharge an

7    employee while retaining an employee who is an unauthorized

8    alien under certain conditions; to require the verification of

9    legal status of every alien charged with a crime for which

10   bail is required; to amend Section 32-6-9 of the Code of

11   Alabama 1975, relating to driver's licenses; to require law

12   enforcement to detain any alien whose lawful immigration

13   status cannot be verified under certain conditions; to require

14   notification of the United States Bureau of Immigration and

15   Customs Enforcement and the Alabama Department of Homeland

16   Security when an unlawfully present alien is convicted of

17   state law; to provide for a stay of the provisions of this act

18   when an alien unlawfully present is a victim or critical

19   witness of a crime under certain conditions; to authorize the

20   Alabama Department of Homeland Security to hire state police

21   officers and give the department enforcement power under

22   certain conditions; to provide penalties for solicitation,

23   attempt, or conspiracy to violate this act; to require the

24   Alabama Department of Homeland Security to file a quarterly

25   report with the Legislature under certain conditions; to

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1    require the Alabama Department of Homeland Security to

2    establish and maintain an E-Verify employer agent service

3    under certain conditions; to prohibit the enforcement of

4    certain contracts under certain conditions; to require public

5    schools to determine the citizenship and immigration status of

6    students enrolling; to require school districts to compile

7    certain data and submit reports to the State Board of

8    Education; to require the State Board of Education to submit

9    an annual report to the Legislature; to further provide for

10   eligibility and requirements for voter registration; to

11   establish a state election board; to provide duties of the

12   board; to provide that a person may obtain a certified copy of

13   a birth certificate from the Department of Public Health free

14   of charge under certain conditions; to prohibit an alien not

15   lawfully present from entering into a business transaction

16   under certain conditions and provide penalties; to prohibit a

17   landlord from knowingly entering into a rental agreement to

18   harbor an illegal alien and provide penalties; and in

19   connection therewith would have as its purpose or effect the

20   requirement of a new or increased expenditure of local funds

21   within the meaning of Amendment 621 of the Constitution of

22   Alabama of 1901, now appearing as Section 111.05 of the

23   Official Recompilation of the Constitution of Alabama of 1901,

24   as amended.

25   BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

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1         Section 1. This act shall be known and may be cited

2    as the Beason-Hammon Alabama Taxpayer and Citizen Protection

3    Act.

4         Section 2. The State of Alabama finds that illegal

5    immigration is causing economic hardship and lawlessness in

6    this state and that illegal immigration is encouraged when

7    public agencies within this state provide public benefits

8    without verifying immigration status. Because the costs

9    incurred by school districts for the public elementary and

10   secondary education of children who are aliens not lawfully

11   present in the United States can adversely affect the

12   availability of public education resources to students who are

13   United States citizens or are aliens lawfully present in the

14   United States, the State of Alabama determines that there is a

15   compelling need for the State Board of Education to accurately

16   measure and assess the population of students who are aliens

17   not lawfully present in the United States, in order to

18   forecast and plan for any impact that the presence such

19   population may have on publicly funded education in this

20   state. The State of Alabama further finds that certain

21   practices currently allowed in this state impede and obstruct

22   the enforcement of federal immigration law, undermine the

23   security of our borders, and impermissibly restrict the

24   privileges and immunities of the citizens of Alabama.

25   Therefore, the people of the State of Alabama declare that it

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1    is a compelling public interest to discourage illegal

2    immigration by requiring all agencies within this state to

3    fully cooperate with federal immigration authorities in the

4    enforcement of federal immigration laws. The State of Alabama

5    also finds that other measures are necessary to ensure the

6    integrity of various governmental programs and services.

7    Section 3. For the purposes of this act, the

8    following words shall have the following meanings:

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

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

11   1101, et seq., and any amendments thereto.

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

13   performing or engaging in any activity, enterprise,

14   profession, or occupation for gain, benefit, advantage, or

15   livelihood, whether for profit or not for profit. "Business

16   entity" shall include, but not be limited to the following:

17        a. Self-employed individuals, business entities

18   filing articles of incorporation, partnerships, limited

19   partnerships, limited liability companies, foreign

20   corporations, foreign limited partnerships, foreign limited

21   liability companies authorized to transact business in this

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

23   with the Secretary of State.

24        b. Any business entity that possesses a business

25   license, permit, certificate, approval, registration, charter,

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

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

3    business license, and any business entity that is operating

4    unlawfully without a business license.

5         (3) CONTRACTOR. A person, employer, or business

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

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

8    consideration. This definition shall include, but not be

9    limited to, a general contractor, subcontractor, independent

10   contractor, contract employee, project manager, or a

11   recruiting or staffing entity.

12        (4) EMPLOYEE. Any person directed, allowed, or

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

14   employer. The employees of an independent contractor working

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

16   of the business entity, for the purposes of this act.

17        (5) EMPLOYER. Any person, firm, corporation,

18   partnership, joint stock association, agent, manager,

19   representative, foreman, or other person having control or

20   custody of any employment, place of employment, or of any

21   employee, including any person or entity employing any person

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

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

24   household contracting with another person to perform casual

25   domestic labor within the household.

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1         (6) EMPLOYMENT. The act of employing or state of

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

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

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

5    any other activity for which compensation is provided,

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

7    activities conducted by a business entity or employer. This

8    term shall not include casual domestic labor performed in a

9    household on behalf of the occupant of the household or the

10   relationship between a contractor and the employees of a

11   subcontractor performing work for the contractor.

12        (7) E-VERIFY. The electronic verification of federal

13   employment authorization program of the Illegal Immigration

14   Reform and Immigrant Responsibility Act of 1996, P.L. 104-208,

15   Division C, Section 403(a); 8 U.S.C. §1324(a), and operated by

16   the United States Department of Homeland Security, or its

17   successor program.

18        (8) FEDERAL WORK AUTHORIZATION PROGRAM. Any of the

19   electronic verification of work authorization programs

20   operated by the United States Department of Homeland Security

21   or an equivalent federal work authorization program operated

22   by the United States Department of Homeland Security to verify

23   information of newly hired employees, under the Immigration

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

25   Illegal Immigration Reform and Immigrant Responsibility Act of

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1    1996, P.L. 104-208, Division C, Section 403(a); 8 U.S.C.

2    §1324(a).

3         (9) KNOWS or KNOWINGLY. A person acts knowingly or

4    with knowledge with respect to either of the following:

5         a. The person's conduct or to attendant

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

7    person's conduct or that those circumstances exist.

8         b. A result of the person's conduct when the person

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

10   cause that result.

11        (10) LAWFUL PRESENCE or LAWFULLY PRESENT. A person

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

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

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

15   1373(c). No officer of this state or any political subdivision

16   of this state shall attempt to independently make a final

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

18   possessing self-identification in any of the following forms

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

20   lawfully present in the United States:

21        a. A valid, unexpired Alabama driver's license.

22        b. A valid, unexpired Alabama nondriver

23   identification card.

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1         c. A valid tribal enrollment card or other form of

2    tribal identification bearing a photograph or other biometric

3    identifier.

4         d. Any valid United States federal or state

5    government issued identification document bearing a photograph

6    or other biometric identifier, if issued by an entity that

7    requires proof of lawful presence in the United States before

8    issuance.

9         e. A foreign passport with an unexpired United

10   States Visa and a corresponding stamp or notation by the

11   United States Department of Homeland Security indicating the

12   bearer's admission to the United States.

13        f. A foreign passport issued by a visa waiver

14   country with the corresponding entry stamp and unexpired

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

16   States Department of Homeland Security indicating the bearer's

17   admission to the United States.

18        (11) POLICY OR PRACTICE. A guiding principle or rule

19   that may be written or adopted through repeated actions or

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

21   an agency.

22        (12) PROTECTIVE SERVICES PROVIDER. A child

23   protective services worker; adult protective services worker;

24   protective services provider; or provider of services to

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

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1    human trafficking that receives federal grants under the

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

3    Family Violence Prevention and Services Act.

4         (13) PUBLIC EMPLOYER. Every department, agency, or

5    instrumentality of the state or a political subdivision of the

6    state including counties and municipalities.

7         (14) STATE-FUNDED ENTITY. Any governmental entity of

8    the state or a political subdivision thereof or any other

9    entity that receives any state monies.

10        (15) SUBCONTRACTOR. A subcontractor, contract

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

12   its tier.

13        (16) UNAUTHORIZED ALIEN. An alien who is not

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

15   § 1324a(h)(3).

16        Section 4. (a) The Attorney General shall attempt to

17   negotiate the terms of a Memorandum of Agreement between the

18   State of Alabama and the United States Department of Homeland

19   Security, as provided in 8 U.S.C. Section 1357(g), concerning

20   the enforcement of federal immigration laws, detentions and

21   removals, and related investigations in the State of Alabama

22   by certain state law enforcement officers designated by the

23   Attorney General.

24        (b) The Memorandum of Agreement negotiated pursuant

25   to subsection (a) shall be signed on behalf of this state by

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1    the Attorney General and the Governor or as otherwise required

2    by the appropriate federal agency.

3         (c) A report of the results of the attempt of the

4    Attorney General to enter into a Memorandum of Agreement shall

5    be submitted to the Legislature within six months of the

6    effective date of this act.

7    Section 5. (a) No official or agency of this state

8    or any political subdivision thereof, including, but not

9    limited to, an officer of a court of this state, may adopt a

10   policy or practice that limits or restricts the enforcement of

11   federal immigration laws by limiting communication between its

12   officers and federal immigration officials in violation of 8

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

14   officers in the enforcement of this act. If, in the judgment

15   of the Attorney General of Alabama, an official or agency of

16   this state or any political subdivision thereof, including,

17   but not limited to, an officer of a court in this state, is in

18   violation of this subsection, the Attorney General shall

19   report any violation of this subsection to the Governor and

20   the state Comptroller and that agency or political subdivision

21   shall not be eligible to receive any funds, grants, or

22   appropriations from the State of Alabama until such violation

23   has ceased and the Attorney General has so certified. Any

24   appeal of the determination of the Attorney General as

25   considered in this section shall be first appealed to the

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1    circuit court of the respective jurisdiction in which the

2    alleged offending agency resides.

3         (b) All state officials, agencies, and personnel,

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

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

6    permitted by law, support the enforcement of federal law

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

8    United States of aliens in violation of federal immigration

9    law.

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

11   agencies of this state or any political subdivision thereof,

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

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

14   sending, receiving, or maintaining information relating to the

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

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

17   local governmental entity for any of the following official

18   purposes:

19        (1) Determining the eligibility for any public

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

21   other political subdivision of this state.

22        (2) Verifying any claim of residence or domicile if

23   determination of residence or domicile is required under the

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

25   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. § 1644.

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

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

4    resident of this state may bring an action in circuit court to

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

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

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

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

9    or 8 U.S.C. § 1644. If there is a judicial finding that an

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

11   an officer of a court in this state, has violated this

12   section, the court shall order that the officer, official, or

13   head of an agency pay a civil penalty of not less than one

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

15   dollars ($5,000) for each day that the policy or practice has

16   remained in effect after the filing of an action pursuant to

17   this section.

18        (e) A court shall collect the civil penalty

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

20   penalty to the Alabama Department of Homeland Security and the

21   second half shall be remitted to the Department of Public

22   Safety.

23        (f) Every person working for the State of Alabama or

24   a political subdivision thereof, including, but not limited

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

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1    political subdivision thereof, shall have a duty to report

2    violations of this act. Any person who willfully fails to

3    report any violation of this act when the person knows that

4    this act is being violated shall be guilty of obstructing

5    governmental operations as defined in Section 13A-10-2 of the

6    Code of Alabama 1975.

7         (g) For the purposes of this section, the term

8    "official or head of an agency of this state" shall not

9    include a law enforcement officer or other personnel employed

10   in a jail who is acting within the line and scope of his or

11   her duty.

12        (h) For the purposes of this act, any proceedings

13   against an official shall be only in his or her official

14   capacity. Each side on any litigation considered within this

15   act shall bear their own costs and fees associated with the

16   litigation unless otherwise ordered by the court. For the

17   purposes of this act, the relevant statute of repose for

18   assessing penalties shall be no more than 30 days prior to the

19   initial allegation of the violations of this act.

20        Section 6. (a) No official or agency of this state

21   or any political subdivision thereof, including, but not

22   limited to, an officer of a court of this state, may adopt a

23   policy or practice that limits or restricts the enforcement of

24   this act to less than the full extent permitted by this act or

25   that in any way limits communication between its officers or

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1    officials in furtherance of the enforcement of this act. If,

2    in the judgment of the Attorney General of Alabama, an

3    official or agency of this state or any political subdivision

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

5    of this state, is in violation of this subsection, the

6    Attorney General shall report any violation of this subsection

7    to the Governor and the state Comptroller and that agency or

8    political subdivision shall not be eligible to receive any

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

10   until such violation has ceased and the Attorney General has

11   so certified.

12        (b) All state officials, agencies, and personnel,

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

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

15   permitted by law, support the enforcement of this act.

16        (c) Except as provided by this act, officials or

17   agencies of this state or any political subdivision thereof,

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

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

20   sending, receiving, or maintaining information relating to the

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

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

23   local governmental entity for any of the following official

24   purposes:

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1         (1) Determining the eligibility for any public

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

3    other political subdivision of this state.

4         (2) Verifying any claim of residence or domicile if

5    determination of residence or domicile is required under the

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

7    civil or criminal proceeding of this state.

8         (3) Pursuant to 8 U.S.C. § 1373 and 8 U.S.C. § 1644.

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

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

11   resident of this state may bring an action in circuit court to

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

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

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

15   a policy or practice that limits or restricts the enforcement

16   of this act to less than the full extent permitted by this

17   act. Such person shall have actual knowledge that any official

18   or head of an agency of this state or political subdivision

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

20   in this state, has adopted or implemented a policy or practice

21   that limits or restricts the enforcement of this act to less

22   than the full extent permitted by this act. If there is a

23   judicial finding that an official or head of an agency,

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

25   state, has violated this section, the court shall order that

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1    the officer, official, or head of an agency pay a civil

2    penalty of not less than one thousand dollars ($1,000) and not

3    more than five thousand dollars ($5,000) for each day that the

4    policy or practice has remained in effect after the filing of

5    an action pursuant to this section.

6    (e) A court shall collect the civil penalty

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

8    penalty to the Alabama Department of Homeland Security and the

9    second half shall be remitted to the Department of Public

10   Safety.

11        (f) Every person working for the State of Alabama or

12   a political subdivision thereof, including, but not limited

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

14   political subdivision thereof, shall have a duty to report

15   violations of this act. Failure to report any violation of

16   this act when there is reasonable cause to believe that this

17   act is being violated is guilty of obstructing governmental

18   operations as defined in Section 13A-10-2, Code of Alabama

19   1975, and shall be punishable pursuant to state law.

20        (g) For the purposes of this section, the term

21   "official or head of an agency of this state" shall not

22   include a law enforcement officer or other personnel employed

23   in a jail who is acting within the line and scope of his or

24   her duty.

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1         Section 7. (a) As used in this section, the

2    following terms have the following meanings:

3         (1) EMERGENCY MEDICAL CONDITION. The same meaning as

4    provided in 42 U.S.C. § 1396b(v)(3).

5         (2) FEDERAL PUBLIC BENEFITS. The same meaning as

6    provided in 8 U.S.C. § 1611.

7         (3) STATE OR LOCAL PUBLIC BENEFITS. The same meaning

8    as provided in 8 U.S.C. § 1621.

9         (b) An alien who is not lawfully present in the

10   United States and who is not defined as an alien eligible for

11   public benefits under 8 U.S.C. § 1621(a) or 8 U.S.C. § 1641

12   shall not receive any state or local public benefits.

13        (c) Except as otherwise provided in subsection (e)

14   or where exempted by federal law, commencing on the effective

15   date of this act, each agency or political subdivision of the

16   state shall verify with the federal government the lawful

17   presence in the United States of each alien who applies for

18   state or local public benefits, pursuant to 8 U.S.C. §§

19   1373(c), 1621, and 1625.

20        (d) An agency of this state or a county, city, town,

21   or other political subdivision of this state may not consider

22   race, color, or national origin in the enforcement of this

23   section.

24        (e) Verification of lawful presence in the United

25   States shall not be required for any of the following:

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1         (1) For primary or secondary school education, and

2    state or local public benefits that are listed in 8 U.S.C. §

3    1621(b).

4         (2) For obtaining health care items and services

5    that are necessary for the treatment of an emergency medical

6    condition of the person involved and are not related to an

7    organ transplant procedure.

8         (3) For short term, noncash, in kind emergency

9    disaster relief.

10        (4) For public health assistance for immunizations

11   with respect to immunizable diseases, for the Special

12   Supplemental Nutrition Program for Women, Infants, and

13   Children, and for testing and treatment of symptoms of

14   communicable diseases, whether or not such symptoms are caused

15   by a communicable disease.

16        (5) For programs, services, or assistance, such as

17   soup kitchens, crisis counseling and intervention, and

18   short-term shelter specified by federal law or regulation that

19   satisfy all of the following:

20        a. Deliver in-kind services at the community level,

21   including services through public or private nonprofit

22   agencies.

23        b. Do not condition the provision of assistance, the

24   amount of assistance provided, or the cost of assistance

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1    provided on the income or resources of the individual

2    recipient.

3         c. Are necessary for the protection of life or

4    safety.

5         (6) For prenatal care.

6         (7) For child protective services and adult

7    protective services and domestic violence services workers.

8         (f) No official of this state or political

9    subdivision of this state shall attempt to independently make

10   a final determination of whether an alien is lawfully present

11   in the United States. An alien's lawful presence in the United

12   States shall be verified by the federal government pursuant to

13   8 U.S.C. § 1373(c).

14        (g) Any United States citizen applying for state or

15   local public benefits, except those benefits described in

16   subsection (e), shall sign a declaration that he or she is a

17   United States citizen.

18        (h) Any person who knowingly makes a false,

19   fictitious, or fraudulent statement or representation in a

20   declaration executed pursuant to subsection (g) shall be

21   guilty of perjury in the second degree pursuant to Section

22   13A-10-102, Code of Alabama 1975. Each time that a person

23   receives a public benefit based upon such a statement or

24   representation shall constitute a separate violation of

25   Section 13A-10-102, Code of Alabama 1975.

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1         (i) The verification that an alien seeking state or

2    local public benefits is an alien lawfully present in the

3    United States shall be made through the Systematic Alien

4    Verification for Entitlements (SAVE) program, operated by the

5    United States Department of Homeland Security. If for any

6    reason the verification of an alien's lawful presence through

7    the SAVE program is delayed or inconclusive, the alien shall

8    be eligible for state or local public benefits in the interim

9    period if the alien signs a declaration that he or she is an

10   alien lawfully present in the United States. The penalties

11   under subsection (h) shall apply to any false, fictitious, or

12   fraudulent statement or representation made in a declaration.

13        (j) Each state agency or department that administers

14   a program that provides state or local public benefits shall

15   provide an annual report with respect to its compliance with

16   this section to the Government Affairs Committee of the Senate

17   and the Government Operations Committee of the House of

18   Representatives, or any successor committees.

19        (k) Errors and significant delays resulting from use

20   of the SAVE program shall be reported to the United States

21   Department of Homeland Security and to the Alabama Department

22   of Homeland Security to assist the federal government in

23   ensuring that the application of the SAVE program is not

24   wrongfully denying benefits to aliens lawfully present in the

25   United States.

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1         (l) For the purposes of administering the Alabama

2    Child Health Insurance Program, verification and documentation

3    of lawful presence through any alternative means expressly

4    authorized by federal law shall satisfy the requirements of

5    this section.

6         Section 8. An alien who is not lawfully present in

7    the United States shall not be permitted to enroll in or

8    attend any public postsecondary education institution in this

9    state. An alien attending any public postsecondary institution

10   in this state must either possess lawful permanent residence

11   or an appropriate nonimmigrant visa under 8 U.S.C. § 1101, et

12   seq. For the purposes of this section, a public postsecondary

13   education institution officer may seek federal verification of

14   an alien's immigration status with the federal government

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

16   education institution officer or official shall not attempt to

17   independently make a final determination of whether an alien

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

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

20   United States shall not be eligible for any postsecondary

21   education benefit, including, but not limited to,

22   scholarships, grants, or financial aid.

23        Section 9. (a) As a condition for the award of any

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

25   subdivision thereof, or any state-funded entity to a business

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1    entity or employer that employs one or more employees, the

2    business entity or employer shall not knowingly employ, hire

3    for employment, or continue to employ an unauthorized alien

4    and shall attest to such, by sworn affidavit signed before a

5    notary.

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

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

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

9    employer that employs one or more employees, the business

10   entity or employer shall provide documentation establishing

11   that the business entity or employer is enrolled in the

12   E-Verify program. During the performance of the contract, the

13   business entity or employer shall participate in the E-Verify

14   program and shall verify every employee that is required to be

15   verified according to the applicable federal rules and

16   regulations.

17        (c) No subcontractor on a project paid for by

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

19   subdivision thereof, or any state-funded entity shall

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

21   an unauthorized alien and shall attest to such by sworn

22   affidavit signed before a notary. The subcontractor shall also

23   enroll in the E-Verify program prior to performing any work on

24   the project and shall attach to the sworn affidavit

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1    documentation establishing that the subcontractor is enrolled

2    in the E-Verify program.

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

4    under this section when such contractor contracts with its

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

6    contractor receives a sworn affidavit from the subcontractor

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

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

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

10   for employment, unless the contractor knows the direct

11   subcontractor is violating subsection (c).

12        (e)(1) Upon the first violation of subsection (a) by

13   any business entity or employer awarded a contract by the

14   state, any political subdivision thereof, or any state-funded

15   entity the business entity or employer shall be deemed in

16   breach of contract and the state, political subdivision

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

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

19   application by the state entity, political subdivision

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

21   bring an action to suspend the business licenses and permits

22   of the business entity or employer for a period not to exceed

23   60 days, according to the procedures described in Section 15.

24   The court shall order the business entity or employer to file

25   a signed, sworn affidavit with the local district attorney

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

2    stating that the business entity or employer has terminated

3    the employment of every unauthorized alien and the business

4    entity or employer will not knowingly or intentionally employ

5    an unauthorized alien in this state. Before a business license

6    or permit that has been suspended under this subsection is

7    reinstated, a legal representative of the business entity or

8    employer shall submit to the court a signed, sworn affidavit

9    stating that the business entity or employer is in compliance

10   with the provisions of this act and a copy of the Memorandum

11   of Understanding issued to the business entity or employer at

12   the time of enrollment in E-Verify.

13        (2) Upon a second or subsequent violation of

14   subsection (a) by any business entity or employer awarded a

15   contract by the state, any political subdivision thereof, or

16   any state-funded entity the business entity or employer shall

17   be deemed in breach of contract and the state, any political

18   subdivision thereof, or any state-funded entity shall

19   terminate the contract after providing notice and an

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

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

22   Attorney General may bring an action to permanently revoke the

23   business licenses and permits of the business entity or

24   employer according to the procedures described in Section 15.

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1         (f)(1) Upon the first violation of subsection (c) by

2    a subcontractor, the state or political subdivision thereof

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

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

5    with any contractor who contracts with the state, any

6    political subdivision thereof, or any state-funded entity

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

8    application by the state entity or political subdivision

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

10   bring an action to suspend the business licenses and permits

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

12   according to the procedures described in Section 15. The court

13   shall order the subcontractor to file a signed, sworn

14   affidavit with the local district attorney within three days

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

16   subcontractor has terminated the employment of every

17   unauthorized alien and the subcontractor will not knowingly or

18   intentionally employ an unauthorized alien in this state.

19   Before a business license or permit that has been suspended

20   under this subsection is reinstated, a legal representative of

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

22   affidavit stating that the subcontractor is in compliance with

23   the provisions of this act and a copy of the Memorandum of

24   Understanding issued to the subcontractor at the time of

25   enrollment in E-Verify.

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1         (2) Upon a second or subsequent violation of

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

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

4    entity, the Attorney General may bring an action to

5    permanently suspend the business licenses of the business

6    entity or employer according to the procedures described in

7    Section 15. The determination of a violation shall be

8    according to the procedures described in Section 15.

9         (g) A business entity or employer that complies with

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

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

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

13   subcontract shall not be found to be in violation of

14   subsection (c).

15        (h) The Secretary of State shall adopt rules to

16   administer this section and shall report any rules adopted to

17   the Legislature.

18        (i) Compliance with this section may be verified by

19   the state authorities or law enforcement at any time to ensure

20   a contractual agreement as provided for in this section is

21   being met.

22        (j) The suspension of a business license or permit

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

24   business day after a legal representative of the business

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

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1    affidavit stating that the business entity, employer, or

2    subcontractor is in compliance with the provisions of this act

3    to the court.

4         Section 10. (a) In addition to any violation of

5    federal law, a person is guilty of willful failure to complete

6    or carry an alien registration document if the person is in

7    violation of 8 U.S.C. § 1304(e) or 8 U.S.C. § 1306(a), and the

8    person is an alien unlawfully present in the United States.

9         (b) In the enforcement of this section, an alien's

10   immigration status shall be determined by verification of the

11   alien's immigration status with the federal government

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

13   shall not attempt to independently make a final determination

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

15        (c) A law enforcement official or agency of this

16   state or a county, city, or other political subdivision of

17   this state may not consider race, color, or national origin in

18   the enforcement of this section except to the extent permitted

19   by the United States Constitution and the Constitution of

20   Alabama of 1901.

21        (d) This section does not apply to a person who

22   maintains authorization from the federal government to be

23   present in the United States.

24        (e) Any record that relates to the immigration

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

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1    without further foundation or testimony from a custodian of

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

3    government agency that is responsible for maintaining the

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

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

6    1373(c) shall constitute proof of that alien's status. A court

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

8    verification in determining whether an alien is lawfully

9    present in the United States.

10        (f) An alien unlawfully present in the United States

11   who is in violation of this section shall be guilty of a Class

12   C misdemeanor and subject to a fine of not more than one

13   hundred dollars ($100) and not more than 30 days in jail.

14        (g) A court shall collect the assessments prescribed

15   in subsection (f) and remit 50 percent of the assessments to

16   the general fund of the local government where the person was

17   apprehended to be earmarked for law enforcement purposes, 25

18   percent of the assessments to the Alabama Department of

19   Homeland Security, and 25 percent of the assessments to the

20   Department of Public Safety.

21        Section 11. (a) It is unlawful for a person who is

22   an unauthorized alien to knowingly apply for work, solicit

23   work in a public or private place, or perform work as an

24   employee or independent contractor in this state.

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1         (b) 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    on whether an alien is authorized to work in the United

7    States.

8         (c) A law enforcement official or agency of this

9    state or a county, city, or other political subdivision of

10   this state may not consider race, color, or national origin in

11   the enforcement of this section except to the extent permitted

12   by the United States Constitution and the Constitution of

13   Alabama of 1901.

14        (d) This section does not apply to a person who

15   maintains authorization from the federal government to be

16   employed in the United States.

17        (e) Any record that relates to the employment

18   authorization of a person is admissible in any court of this

19   state without further foundation or testimony from a custodian

20   of records if the record is certified as authentic by the

21   federal government agency that is responsible for maintaining

22   the record. A verification of an alien's immigration status

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

24   1373(c) shall constitute proof of that alien's status. A court

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

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1    verification in determining whether a person is an

2    unauthorized alien.

3         (f) It is unlawful for an occupant of a motor

4    vehicle that is stopped on a street, roadway, or highway to

5    attempt to hire or hire and pick up passengers for work at a

6    different location if the motor vehicle blocks or impedes the

7    normal movement of traffic.

8         (g) It is unlawful for a person to enter a motor

9    vehicle that is stopped on a street, roadway or highway in

10   order to be hired by an occupant of the motor vehicle and to

11   be transported to work at a different location if the motor

12   vehicle blocks or impedes the normal movement of traffic.

13        (h) A person who is in violation of this section

14   shall be guilty of a Class C misdemeanor and subject to a fine

15   of not more than five hundred dollars ($500).

16        (i) A court shall collect the assessments prescribed

17   in subsection (h) and remit 50 percent of the assessments to

18   the general fund of the local government where the person was

19   apprehended to be earmarked for law enforcement purposes, 25

20   percent of the assessments to the Alabama Department of

21   Homeland Security, and 25 percent of the assessments to the

22   Department of Public Safety.

23        (j) The terms of this section shall be interpreted

24   consistently with 8 U.S.C. § 1324a and any applicable federal

25   rules and regulations.

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1         Section 12. (a) Upon any lawful stop, detention, or

2    arrest made by a state, county, or municipal law enforcement

3    officer of this state in the enforcement of any state law or

4    ordinance of any political subdivision thereof, where

5    reasonable suspicion exists that the person is an alien who is

6    unlawfully present in the United States, a reasonable attempt

7    shall be made, when practicable, to determine the citizenship

8    and immigration status of the person, except if the

9    determination may hinder or obstruct an investigation. Such

10   determination shall be made by contacting the federal

11   government pursuant to 8 U.S.C. § 1373(c) and relying upon any

12   verification provided by the federal government.

13        (b) Any alien who is arrested and booked into

14   custody shall have his or her immigration status determined

15   pursuant to 8 U.S.C. § 1373(c). The alien's immigration status

16   shall be verified by contacting the federal government

17   pursuant to 8 U.S.C. § 1373(c) within 24 hours of the time of

18   the alien's arrest. If for any reason federal verification

19   pursuant to 8 U.S.C. § 1373(c) is delayed beyond the time that

20   the alien would otherwise be released from custody, the alien

21   shall be released from custody.

22        (c) A law enforcement officer shall not attempt to

23   independently make a final determination of whether an alien

24   is lawfully present in the United States. A law enforcement

25   officer may not consider race, color, or national origin in

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1    implementing the requirements of this section except to the

2    extent permitted by the United States Constitution or the

3    Constitution of Alabama of 1901.

4         (d) A person is presumed to not be an alien who is

5    unlawfully present in the United States if the person provides

6    to the law enforcement officer any of the following:

7         (1) A valid, unexpired Alabama driver's license.

8         (2) A valid, unexpired Alabama nondriver

9    identification card.

10        (3) A valid tribal enrollment card or other form of

11   tribal identification bearing a photograph or other biometric

12   identifier.

13        (4) Any valid United States federal or state

14   government issued identification document bearing a photograph

15   or other biometric identifier, if issued by an entity that

16   requires proof of lawful presence in the United States before

17   issuance.

18        (5) A foreign passport with an unexpired United

19   States Visa and a corresponding stamp or notation by the

20   United States Department of Homeland Security indicating the

21   bearer's admission to the United States.

22        (6) A foreign passport issued by a visa waiver

23   country with the corresponding entry stamp and unexpired

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

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1    States Department of Homeland Security indicating the bearer's

2    admission to the United States.

3         (e) If an alien is determined by the federal

4    government to be an alien who is unlawfully present in the

5    United States pursuant to 8 U.S.C. § 1373(c), the law

6    enforcement agency shall cooperate in the transfer of the

7    alien to the custody of the federal government, if the federal

8    government so requests.

9         Section 13. (a) It shall be unlawful for a person to

10   do any of the following:

11        (1) Conceal, harbor, or shield or attempt to

12   conceal, harbor, or shield or conspire to conceal, harbor, or

13   shield an alien from detection in any place in this state,

14   including any building or any means of transportation, if the

15   person knows or recklessly disregards the fact that the alien

16   has come to, has entered, or remains in the United States in

17   violation of federal law.

18        (2) Encourage or induce an alien to come to or

19   reside in this state if the person knows or recklessly

20   disregards the fact that such coming to, entering, or residing

21   in the United States is or will be in violation of federal

22   law.

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,

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

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

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

4    shall be a violation of this subdivision.

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

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

7    Section 35-9A-141 of the Code of Alabama 1975, with an alien

8    to provide accommodations, if the person knows or recklessly

9    disregards the fact that the alien is unlawfully present in

10   the United States.

11        (b) Any person violating the provisions of this

12   section is guilty of a Class A misdemeanor for each unlawfully

13   present alien, the illegal presence of which in the United

14   States and the State of Alabama, he or she is facilitating or

15   is attempting to facilitate.

16        (c) A person violating the provisions of this

17   section is guilty of a Class C felony when the violation

18   involves 10 or more aliens, the illegal presence of which in

19   the United States and the State of Alabama, he or she is

20   facilitating or is attempting to facilitate.

21        (d) Notwithstanding any other law, a law enforcement

22   agency may securely transport an alien whom the agency has

23   received verification from the federal government pursuant to

24   8 U.S.C. § 1373(c) is unlawfully present in the United States

25   and who is in the agency's custody to a state approved

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1    facility, to a federal facility in this state, or to any other

2    point of transfer into federal custody that is outside the

3    jurisdiction of the law enforcement agency. A law enforcement

4    agency shall obtain judicial or executive authorization from

5    the Governor before securely transporting an alien who is

6    unlawfully present in the United States to a point of transfer

7    that is outside this state.

8         (e) Notwithstanding any other law, any person acting

9    in his or her official capacity as a first responder or

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

11   transport an alien unlawfully present in the United States

12   pursuant to state law.

13        (f) Any conveyance, including any vessel, vehicle,

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

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

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

17   procedures of Section 20-2-93 of the Code of Alabama 1975.

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

19   immigration status shall be determined by verification of the

20   alien's immigration status with the federal government

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

22   shall not attempt to independently make a final determination

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

24        (h) Any record that relates to the immigration

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

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1    without further foundation or testimony from a custodian of

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

3    government agency that is responsible for maintaining the

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

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

6    1373(c) shall constitute proof of that alien's status. A court

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

8    verification in determining whether an alien is lawfully

9    present in the United States.

10        Section 14. (a) A person commits the crime of

11   dealing in false identification documents if he or she

12   knowingly reproduces, manufactures, sells, or offers for sale

13   any identification document which does both of the following:

14        (1) Simulates, purports to be, or is designed so as

15   to cause others reasonably to believe it to be an

16   identification document.

17        (2) Bears a fictitious name or other false

18   information.

19        (b) A person commits the crime of vital records

20   identity fraud related to birth, death, marriage, and divorce

21   certificates if he or she does any of the following:

22        (1) Supplies false information intending that the

23   information be used to obtain a certified copy of a vital

24   record.

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1         (2) Makes, counterfeits, alters, amends, or

2    mutilates any certified copy of a vital record without lawful

3    authority and with the intent to deceive.

4         (3) Obtains, possesses, uses, sells, or furnishes,

5    or attempts to obtain, possess, or furnish to another a

6    certified copy of a vital record, with the intent to deceive.

7         (c)(1) Dealing in false identification documents is

8    a Class C felony.

9         (2) Vital records identity fraud is a Class C

10   felony.

11        (d) The provisions of this section shall not apply

12   to any of the following:

13        (1) A person less than 21 years of age who uses the

14   identification document of another person to acquire an

15   alcoholic beverage.

16        (2) A person less than 19 years of age who uses the

17   identification documents of another person to acquire any of

18   the following:

19        a. Cigarettes or tobacco products.

20        b. A periodical, videotape, or other communication

21   medium that contains or depicts nudity.

22        c. Admittance to a performance, live or film, that

23   prohibits the attendance of the person based on age.

24        d. An item that is prohibited by law for use or

25   consumption by such person.

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1         (e) As used in this section, "identification

2    document" means any card, certificate, or document or banking

3    instrument, including, but not limited to, a credit or debit

4    card, which identifies or purports to identify the bearer of

5    such document, whether or not intended for use as

6    identification, and includes, but is not limited to, documents

7    purporting to be drivers' licenses, nondriver identification

8    cards, certified copies of birth, death, marriage, and divorce

9    certificates, Social Security cards, and employee

10   identification cards.

11        (f) Any person convicted of dealing in false

12   identification documents as defined in this section shall be

13   fined up to one thousand dollars ($1,000) for every card or

14   document he or she creates or possesses and be subject to any

15   and all other state laws that may apply. A court shall collect

16   the fines prescribed by this subsection and shall remit 50

17   percent of the fines to the general fund of the local

18   government that apprehended the person to be earmarked for law

19   enforcement purposes, 25 percent of the fines to the Alabama

20   Department of Homeland Security, and 25 percent of the fines

21   to the Department of Public Safety.

22        Section 15. (a) No business entity, employer, or

23   public employer shall knowingly employ, hire for employment,

24   or continue to employ an unauthorized alien to perform work

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

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1    employment, or continue to employ an unauthorized alien means

2    the actions described in 8 U.S.C. § 1324a.

3         (b) Effective April 1, 2012, every business entity

4    or employer in this state shall enroll in E-Verify and

5    thereafter, according to the federal statutes and regulations

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

7    the employee through E-Verify. A business entity or employer

8    that uses E-Verify to verify the work authorization of an

9    employee shall not be deemed to have violated this section

10   with respect to the employment of that employee.

11        (c) On a finding of a first violation by a court of

12   competent jurisdiction that a business entity or employer

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

14   the following:

15        (1) Order the business entity or employer to

16   terminate the employment of every unauthorized alien.

17        (2) Subject the business entity or employer to a

18   three-year probationary period throughout the state. During

19   the probationary period, the business entity or employer shall

20   file quarterly reports with the local district attorney of

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

22   employer in the state.

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

24   signed, sworn affidavit with the local district attorney

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

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1    stating that the business entity or employer has terminated

2    the employment of every unauthorized alien and the business

3    entity or employer will not knowingly or intentionally employ

4    an unauthorized alien in this state.

5         (4) Direct the applicable state, county, or

6    municipal governing bodies to suspend the business licenses

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

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

9    business location where the unauthorized alien performed work.

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

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

12   representative of the business entity or employer shall submit

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

14   business entity or employer is in compliance with the

15   provisions of this act and a copy of the Memorandum of

16   Understanding issued to the business entity or employer at the

17   time of enrollment in E-Verify.

18        (2) The suspension of a business license or permit

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

20   legal representative of the business entity or employer

21   submits a signed, sworn affidavit stating that the business

22   entity or employer is in compliance with the provisions of

23   this act to the court.

24        (e) For a second violation of subsection (a) by a

25   business entity or employer, the court shall direct the

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1    applicable state, county, or municipal governing body to

2    permanently revoke all business licenses and permits, if such

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

4    business location where the unauthorized alien performed work.

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

6    the appropriate agencies shall immediately revoke the licenses

7    and permits held by the business entity or employer.

8         (f) For a subsequent violation of subsection (a),

9    the court shall direct the applicable governing bodies to

10   forever suspend the business licenses and permits, if such

11   exist, of the business entity or employer throughout the

12   state.

13        (g) This section shall not be construed to deny any

14   procedural mechanisms or legal defenses included in the

15   E-Verify program or any other federal work authorization

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

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

18   1324a(b) establishes an affirmative defense that the business

19   entity or employer did not knowingly hire or employ an

20   unauthorized alien.

21        (h) In proceedings of the court, the determination

22   of whether an employee is an unauthorized alien shall be made

23   by the federal government, pursuant to 8 U.S.C. § 1373(c). The

24   court shall consider only the federal government's

25   determination when deciding whether an employee is an

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1    unauthorized alien. The court may take judicial notice of any

2    verification of an individual's immigration status previously

3    provided by the federal government and may request the federal

4    government to provide further automated or testimonial

5    verification.

6         (i) Any business entity or employer that terminates

7    an employee to comply with this section shall not be liable

8    for any claims made against the business entity or employer by

9    the terminated employee, provided that such termination is

10   made without regard to the race, ethnicity, or national origin

11   of the employee and that such termination is consistent with

12   the anti-discrimination laws of this state and of the United

13   States.

14        (j) If any agency of the state or any political

15   subdivision thereof fails to suspend the business licenses or

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

17   section, the agency shall be deemed to have violated

18   subsection (a) of Section 5 and shall be subject to the

19   penalties thereunder.

20        (k) In addition to the district attorneys of this

21   state, the Attorney General shall also have authority to bring

22   a civil complaint in any court of competent jurisdiction to

23   enforce the requirements of this section.

24        (1) Any resident of this state may petition the

25   Attorney General to bring an enforcement action against a

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1    specific business entity or employer by means of a written,

2    signed petition. A valid petition shall include an allegation

3    that describes the alleged violator or violators, as well as

4    the action constituting the violation, and the date and

5    location where the action occurred.

6         (2) A petition that alleges a violation on the basis

7    of national origin, ethnicity, or race shall be deemed invalid

8    and shall not be acted upon.

9         (3) The Attorney General shall respond to any

10   petition under this subdivision within 60 days of receiving

11   the petition, either by filing a civil complaint in a court of

12   competent jurisdiction or by informing the petitioner in

13   writing that the Attorney General has determined that filing a

14   civil complaint is not warranted.

15        (l) This section does not apply to the relationship

16   between a party and the employees of an independent contractor

17   performing work for the party and does not apply to casual

18   domestic labor performed within a household.

19        (m) It is an affirmative defense to a violation of

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

21   employer was entrapped.

22        (1) To claim entrapment, the business entity or

23   employer must admit by testimony or other evidence the

24   substantial elements of the violation.

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1         (2) A business entity or employer who asserts an

2    entrapment defense has the burden of proving by clear and

3    convincing evidence the following:

4         a. The idea of committing the violation started with

5    law enforcement officers or their agents rather than with the

6    business entity or employer.

7         b. The law enforcement officers or their agents

8    urged and induced the business entity or employer to commit

9    the violation.

10        c. The business entity or employer was not already

11   predisposed to commit the violation before the law enforcement

12   officers or their agents urged and induced the employer to

13   commit the violation.

14        (n) In addition to actions taken by the state or

15   political subdivisions thereof, the Attorney General or the

16   district attorney of the relevant county may bring an action

17   to enforce the requirements of this section in any county

18   district court of this state wherein the business entity or

19   employer does business.

20        (o) The terms of this section shall be interpreted

21   consistently with 8 U.S.C. § 1324a and any applicable federal

22   rules and regulations.

23        Section 16. (a) No wage, compensation, whether in

24   money or in kind or in services, or remuneration of any kind

25   for the performance of services paid to an unauthorized alien

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1    shall be allowed as a deductible business expense for any

2    state income or business tax purposes in this state. This

3    subsection shall apply whether or not an Internal Revenue

4    Service Form 1099 is issued in conjunction with the wages or

5    remuneration.

6         (b) Any business entity or employer who knowingly

7    fails to comply with the requirements of this section shall be

8    liable for a penalty equal to 10 times the business expense

9    deduction claimed in violation of subsection (a). The penalty

10   provided in this subsection shall be payable to the Alabama

11   Department of Revenue.

12        Section 17. (a) It shall be a discriminatory

13   practice for a business entity or employer to fail to hire a

14   job applicant who is a United States citizen or an alien who

15   is authorized to work in the United States as defined in 8

16   U.S.C. § 1324a(h)(3) or discharge an employee working in

17   Alabama who is a United States citizen or an alien who is

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

19   § 1324a(h)(3) while retaining or hiring an employee who the

20   business entity or employer knows, or reasonably should have

21   known, is an unauthorized alien.

22        (b) A violation of subsection (a) may be the basis

23   of a civil action in the state courts of this state. Any

24   recovery under this subsection shall be limited to

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1    compensatory relief and shall not include any civil or

2    criminal sanctions against the employer.

3         (c) The losing party in any civil action shall pay

4    the court costs and reasonable attorneys fees for the

5    prevailing party; however, the losing party shall only pay the

6    attorneys fees of the prevailing party up to the amount paid

7    by the losing party for his or her own attorneys fees.

8         (d) The amount of the attorneys fees spent by each

9    party shall be reported to the court before the verdict is

10   rendered.

11        (e) In proceedings of the court, the determination

12   of whether an employee is an unauthorized alien shall be made

13   by the federal government, pursuant to 8 U.S.C. § 1373(c). The

14   court shall consider only the federal government's

15   determination when deciding whether an employee is an

16   unauthorized alien. The court may take judicial notice of any

17   verification of an individual's immigration status previously

18   provided by the federal government and may request the federal

19   government to provide further automated or testimonial

20   verification.

21        Section 18. Section 32-6-9, Code of Alabama 1975, is

22   amended to read as follows:

23        "§32-6-9.

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

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

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

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

3    However, no person charged with violating this section shall

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

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

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

7         "(b) Notwithstanding the provisions of Section

8    32-1-4, if a law officer arrests a person for a violation of

9    this section and the officer is unable to determine by any

10   other means that the person has a valid driver's license, the

11   officer shall transport the person to the nearest or most

12   accessible magistrate.

13        "(c) A reasonable effort shall be made to determine

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

15   alien is lawfully present in the United States by verification

16   with the federal government pursuant to 8 U.S.C. § 1373(c). An

17   officer shall not attempt to independently make a final

18   determination of whether an alien is lawfully present in the

19   United States.

20        (d) A verification inquiry, pursuant to 8 U.S.C. §

21   1373(c), shall be made within 48 hours to the Law Enforcement

22   Support Center of the United States Department of Homeland

23   Security or other office or agency designated for that purpose

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

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

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

2    prosecution or until handed over to federal immigration

3    authorities."

4         Section 19. (a) When a person is charged with a

5    crime for which bail is required, or is confined for any

6    period in a state, county, or municipal jail, a reasonable

7    effort shall be made to determine if the person is an alien

8    unlawfully present in the United States by verification with

9    the federal government pursuant to 8 U.S.C. § 1373(c).

10        (b) A verification inquiry, pursuant to 8 U.S.C. §

11   1373(c), shall be made within 48 hours to the Law Enforcement

12   Support Center of the United States Department of Homeland

13   Security or other office or agency designated for that purpose

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

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

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

17   prosecution or until handed over to federal immigration

18   authorities.

19        Section 20. If an alien who is unlawfully present in

20   the United States is convicted of a violation of state or

21   local law and is within 30 days of release or has paid any

22   fine as required by operation of law, the agency responsible

23   for his or her incarceration shall notify the United States

24   Bureau of Immigration and Customs Enforcement and the Alabama

25   Department of Homeland Security, pursuant to 8 U.S.C. § 1373.

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1    The Alabama Department of Homeland Security shall assist in

2    the coordination of the transfer of the prisoner to the

3    appropriate federal immigration authorities; however, the

4    Alabama Department of Corrections shall maintain custody

5    during any transfer of the individual.

6         Section 21. If a person is an alien who is

7    unlawfully present in the United States and is a victim of a

8    criminal act, is the child of a victim of a criminal act, is a

9    critical witness in any prosecution, or is the child of a

10   critical witness in any prosecution of a state or federal

11   crime, all provisions of this act shall be stayed until all of

12   the related legal proceedings are concluded. However, the

13   relevant state, county, or local law enforcement agency shall

14   comply with any request by federal immigration officers to

15   take custody of the person.

16        Section 22. (a) Notwithstanding the provisions of

17   Section 31-9A-9 of the Code of Alabama 1975, the Alabama

18   Department of Homeland Security may hire, appoint, and

19   maintain APOST certified state law enforcement officers. Such

20   officers shall receive the same rights and benefits as those

21   prescribed to officers of the Alabama Department of Public

22   Safety, except for the purposes of retirement. The officers

23   shall have the same retirement benefits as a law enforcement

24   officer as defined under Section 36-27-59 of the Code of

25   Alabama 1975.

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1         (b) Unless a violation of state law occurs in their

2    presence, officers authorized under this section shall not

3    engage in routine law enforcement activity, except for those

4    investigative and analytical duties necessary to carry out the

5    enforcement of this act and to fulfill the mission of the

6    Alabama Department of Homeland Security or those duties

7    necessary to provide assistance to other law enforcement

8    agencies.

9         (c) The Director of the Alabama Department of

10   Homeland Security shall have the authority to promulgate rules

11   for the enforcement of this act.

12        Section 23. The Alabama Department of Homeland

13   Security shall have the authority to coordinate with state and

14   local law enforcement the practice and methods required to

15   enforce this act in cooperation with federal immigration

16   authorities and consistent with federal immigration laws.

17        Section 24. The Alabama Department of Homeland

18   Security shall file a quarterly report to the Legislature on

19   the progress being made regarding the enforcement of this act

20   and the status of the progress being made in the effort to

21   reduce the number of illegal aliens in the State of Alabama.

22   The report shall include, but is not limited to, the

23   statistics and results from the enforcement of the sections of

24   this act, and suggestions on what can be done including

25   additional legislation to further assist the federal

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1    government in its efforts to apprehend illegal aliens in the

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

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

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

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

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

7    office.

8         Section 25. (a) A solicitation to violate any

9    criminal provision of this act, an attempt to violate any

10   criminal provision of this act, or a conspiracy to violate any

11   criminal provision of this act shall have the same penalty as

12   a violation of this act.

13        (b) For the purposes of this section, solicitation

14   shall have the same principles of liability and defenses as

15   criminal solicitation under subsections (b) through (e) of

16   Section 13A-4-1, Code of Alabama 1975, and Section 13A-4-5,

17   Code of Alabama 1975.

18        (c) For the purposes of this section, attempt shall

19   have the same principles of liability and defenses as attempt

20   under subsections (b) and (c) of Section 13A-4-2, Code of

21   Alabama 1975, and Section 13A-4-5, Code of Alabama 1975.

22        (d) For the purposes of this section, conspiracy

23   shall have the same principles of liability and defenses as

24   criminal conspiracy under subsections (b) through (f) of

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1    Section 13A-4-3, Code of Alabama 1975, and Sections 13A-4-4

2    and 13A-4-5, Code of Alabama 1975.

3         Section 26. (a)(1) The Alabama Department of

4    Homeland Security shall establish and maintain an E-Verify

5    employer agent service for any business entity or employer in

6    this state with 25 or fewer employees to use the E-Verify

7    program to verify an employee's employment eligibility on

8    behalf of the business entity or employer. The Alabama

9    Department of Homeland Security shall establish an E-Verify

10   employer agent account with the United States Department of

11   Homeland Security, shall enroll a participating business

12   entity or employer in the E-Verify program on its behalf, and

13   shall conform to all federal statutes and regulations

14   governing E-Verify employer agents. The Alabama Department of

15   Homeland Security shall not charge a fee to a participating

16   business entity or employer for this service.

17        (2) The Alabama Department of Homeland Security

18   E-Verify employer agent service shall be in place within 90

19   days after the effective date of this act. The service shall

20   accommodate a business entity or employer who wishes to

21   communicate with the Alabama Department of Homeland Security

22   by internet, by electronic mail, by facsimile machine, by

23   telephone, or in person, provided that such communication is

24   consistent with federal statutes and regulations governing

25   E-Verify employer agents.

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1         (b) On or after January 1, 2012, before receiving

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

3    subdivision thereof, or any state-funded entity, a business

4    entity or employer shall provide proof to the state, political

5    subdivision thereof, or state-funded entity that the business

6    entity or employer is enrolled and is participating in the

7    E-Verify program, either independently or through the Alabama

8    Department of Homeland Security E-Verify employer agent

9    service.

10        (c) Every three months, the Alabama Department of

11   Homeland Security shall request from the United States

12   Department of Homeland Security a list of every business

13   entity or employer in this state that is enrolled in the

14   E-Verify program. On receipt of the list, the Alabama

15   Department of Homeland Security shall make the list available

16   on its website.

17        (d) A business entity or employer that is enrolled

18   in the E-Verify program and that verifies the employment

19   eligibility of an employee in good faith pursuant to this

20   section, and acts in conformity with all applicable federal

21   statutes and regulations is immune from liability under

22   Alabama law for any action by an employee for wrongful

23   discharge or retaliation based on a notification from the

24   E-Verify program that the employee is an unauthorized alien.

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1         Section 27. (a) No court of this state shall enforce

2    the terms of, or otherwise regard as valid, any contract

3    between a party and an alien unlawfully present in the United

4    States, if the party had direct or constructive knowledge that

5    the alien was unlawfully present in the United States at the

6    time the contract was entered into, and the performance of the

7    contract required the alien to remain unlawfully present in

8    the United States for more than 24 hours after the time the

9    contract was entered into or performance could not reasonably

10   be expected to occur without such remaining.

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

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

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

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

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

16        (c) This section shall not apply to a contract

17   authorized by federal law.

18        (d) In proceedings of the court, the determination

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

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

21   § 1373(c). The court shall consider only the federal

22   government's determination when deciding whether an alien is

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

24   judicial notice of any verification of an individual's

25   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         Section 28. (a)(1) Every public elementary and

4    secondary school in this state, at the time of enrollment in

5    kindergarten or any grade in such school, shall determine

6    whether the student enrolling in public school was born

7    outside the jurisdiction of the United States or is the child

8    of an alien not lawfully present in the United States and

9    qualifies for assignment to an English as Second Language

10   class or other remedial program.

11        (2) The public school, when making the determination

12   required by subdivision (1), shall rely upon presentation of

13   the student's original birth certificate, or a certified copy

14   thereof.

15        (3) If, upon review of the student's birth

16   certificate, it is determined that the student was born

17   outside the jurisdiction of the United States or is the child

18   of an alien not lawfully present in the United States, or

19   where such certificate is not available for any reason, the

20   parent, guardian, or legal custodian of the student shall

21   notify the school within 30 days of the date of the student's

22   enrollment of the actual citizenship or immigration status of

23   the student under federal law.

24        (4) Notification shall consist of both of the

25   following:

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1         a. The presentation for inspection, to a school

2    official designated for such purpose by the school district in

3    which the child is enrolled, of official documentation

4    establishing the citizenship and, in the case of an alien, the

5    immigration status of the student, or alternatively by

6    submission of a notarized copy of such documentation to such

7    official.

8         b. Attestation by the parent, guardian, or legal

9    custodian, under penalty of perjury, that the document states

10   the true identity of the child. If the student or his or her

11   parent, guardian, or legal representative possesses no such

12   documentation but nevertheless maintains that the student is

13   either a United States citizen or an alien lawfully present in

14   the United States, the parent, guardian, or legal

15   representative of the student may sign a declaration so

16   stating, under penalty of perjury.

17        (5) If no such documentation or declaration is

18   presented, the school official shall presume for the purposes

19   of reporting under this section that the student is an alien

20   unlawfully present in the United States.

21        (b) Each school district in this state shall collect

22   and compile data as required by this section.

23        (c) Each school district shall submit to the State

24   Board of Education an annual report listing all data obtained

25   pursuant to this section.

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1         (d)(1) The State Board of Education shall compile

2    and submit an annual public report to the Legislature.

3         (2) The report shall provide data, aggregated by

4    public school, regarding the numbers of United States

5    citizens, of lawfully present aliens by immigration

6    classification, and of aliens believed to be unlawfully

7    present in the United States enrolled at all primary and

8    secondary public schools in this state. The report shall also

9    provide the number of students in each category participating

10   in English as a Second Language Programs enrolled at such

11   schools.

12        (3) The report shall analyze and identify the

13   effects upon the standard or quality of education provided to

14   students who are citizens of the United States residing in

15   Alabama that may have occurred, or are expected to occur in

16   the future, as a consequence of the enrollment of students who

17   are aliens not lawfully present in the United States.

18        (4) The report shall analyze and itemize the fiscal

19   costs to the state and political subdivisions thereof of

20   providing educational instruction, computers, textbooks and

21   other supplies, free or discounted school meals, and

22   extracurricular activities to students who are aliens not

23   lawfully present in the United States.

24        (5) The State Board of Education shall prepare and

25   issue objective baseline criteria for identifying and

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1    assessing the other educational impacts on the quality of

2    education provided to students who are citizens of the United

3    States, due to the enrollment of aliens who are not lawfully

4    present in the United states, in addition to the statistical

5    data on citizenship and immigration status and English as a

6    Second Language enrollment required by this act. The State

7    Board of Education may contract with reputable scholars and

8    research institutions to identify and validate such criteria.

9    The State Board of Education shall assess such educational

10   impacts and include such assessments in its reports to the

11   Legislature.

12        (e) Public disclosure by any person of information

13   obtained pursuant to this section which personally identifies

14   any student shall be unlawful, except for purposes permitted

15   pursuant to 8 U.S.C. §§ 1373 and 1644. Any person intending to

16   make a public disclosure of information that is classified as

17   confidential under this section, on the ground that such

18   disclosure constitutes a use permitted by federal law, shall

19   first apply to the Attorney General and receive a waiver of

20   confidentiality from the requirements of this subsection.

21        (f) A student whose personal identity has been

22   negligently or intentionally disclosed in violation of this

23   section shall be deemed to have suffered an invasion of the

24   student's right to privacy. The student shall have a civil

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1    remedy for such violation against the agency or person that

2    has made the unauthorized disclosure.

3         (g) The State Board of Education shall construe all

4    provisions of this section in conformity with federal law.

5         (h) This section shall be enforced without regard to

6    race, religion, gender, ethnicity, or national origin.

7         Section 29. (a) Applications for voter registration

8    shall give voter eligibility requirements and such information

9    as is necessary to prevent duplicative voter registrations and

10   enable the relevant election officer to assess the eligibility

11   of the applicant and to administer voter registration,

12   identify the applicant and to determine the qualifications of

13   the applicant as an elector and the facts authorizing such

14   person to be registered. Applications shall contain a

15   statement that the applicant shall be required to provide

16   qualifying identification when voting.

17        (b) The Secretary of State shall create a process

18   for the county election officer to check to indicate whether

19   an applicant has provided with the application the information

20   necessary to assess the eligibility of the applicant,

21   including the applicant's United States citizenship. This

22   section shall be interpreted and applied in accordance with

23   federal law. No eligible applicant whose qualifications have

24   been assessed shall be denied registration.

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1         (c) The county election officer or Secretary of

2    State's office shall accept any completed application for

3    registration, but an applicant shall not be registered until

4    the applicant has provided satisfactory evidence of United

5    States citizenship. Satisfactory evidence of United States

6    citizenship shall be provided in person at the time of filing

7    the application for registration or by including, with a

8    mailed registration application, a photocopy of one of the

9    documents listed as evidence of United States citizenship in

10   subsection (k). After a person has submitted satisfactory

11   evidence of citizenship, the county election officer shall

12   indicate this information in the person's permanent voter

13   file.

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

15   the effective date of this act is deemed to have provided

16   satisfactory evidence of United States citizenship and shall

17   not be required to submit evidence of citizenship.

18        (e) For purposes of this section, proof of voter

19   registration from another state is not satisfactory evidence

20   of United States citizenship.

21        (f) A registered voter who moves from one residence

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

23   registration records for any other reason shall not be

24   required to submit evidence of United States citizenship.

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1         (g) If evidence of United States citizenship is

2    deemed to be unsatisfactory due to an inconsistency between

3    the document submitted as evidence and the name or sex

4    provided on the application for registration, such applicant

5    may sign an affidavit containing both of the following:

6         (1) Stating the inconsistency or inconsistencies

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

8         (2) Swearing under oath that, despite the

9    inconsistency, the applicant is the individual reflected in

10   the document provided as evidence of citizenship.

11        (h) There shall be no inconsistency between the date

12   of birth on the document provided as evidence of citizenship

13   and the date of birth provided on the application for

14   registration. If such an affidavit is submitted by the

15   applicant, the county election officer or Secretary of State

16   shall assess the eligibility of the applicant without regard

17   to any inconsistency stated in the affidavit.

18        (i) All documents submitted as evidence of United

19   States citizenship shall be kept confidential by the county

20   election officer or the Secretary of State and maintained as

21   provided by record retention laws.

22        (j) Nothing in this section shall prohibit an

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

24   election officer from obtaining, satisfactory evidence of

25   United States citizenship, as described in this section, at a

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1    different time or in a different manner than an application

2    for registration is provided, as long as the applicant's

3    eligibility can be adequately assessed by the Secretary of

4    State or county election officer as required by this section.

5         (k) Evidence of United States citizenship shall be

6    demonstrated by one of the following documents, or a legible

7    photocopy of one of the following documents:

8         (1) The applicant's driver's license or nondriver's

9    identification card issued by the division of motor vehicles

10   or the equivalent governmental agency of another state within

11   the United States if the agency indicates on the applicant's

12   driver's license or nondriver's identification card that the

13   person has provided satisfactory proof of United States

14   citizenship.

15        (2) The applicant's birth certificate that verifies

16   United States citizenship to the satisfaction of the county

17   election officer or Secretary of State.

18        (3) Pertinent pages of the applicant's United States

19   valid or expired passport identifying the applicant and the

20   applicant's passport number, or presentation to the county

21   election officer of the applicant's United States passport.

22        (4) The applicant's United States naturalization

23   documents or the number of the certificate of naturalization.

24   If only the number of the certificate of naturalization is

25   provided, the applicant shall not be included in the

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1    registration rolls until the number of the certificate of

2    naturalization is verified with the United States Bureau of

3    Citizenship and Immigration Services by the county election

4    officer or the Secretary of State, pursuant to 8 U.S.C. §

5    1373(c).

6         (5) Other documents or methods of proof of United

7    States citizenship issued by the federal government pursuant

8    to the Immigration and Nationality Act of 1952, and amendments

9    thereto.

10        (6) The applicant's Bureau of Indian Affairs card

11   number, tribal treaty card number, or tribal enrollment

12   number.

13        (7) The applicant's consular report of birth abroad

14   of a citizen of the United States of America.

15        (8) The applicant's certificate of citizenship

16   issued by the United States Citizenship and Immigration

17   Services.

18        (9) The applicant's certification of report of birth

19   issued by the United States Department of State.

20        (10) The applicant's American Indian card, with KIC

21   classification, issued by the United States Department of

22   Homeland Security.

23        (11) The applicant's final adoption decree showing

24   the applicant's name and United States birthplace.

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1         (12) The applicant's official United States military

2    record of service showing the applicant's place of birth in

3    the United States.

4         (13) An extract from a United States hospital record

5    of birth created at the time of the applicant's birth

6    indicating the applicant's place of birth in the United

7    States.

8         (l) There is hereby established the State Election

9    Board, consisting of the Secretary of State, the Attorney

10   General, and the Lieutenant Governor. The State Election Board

11   shall meet on the call of the Secretary of State. The State

12   Election Board shall do both of the following:

13        (1) Assess information provided by any applicant for

14   voter registration as evidence of citizenship pursuant to

15   subsection (m).

16        (2) Adopt rules to implement subsection (m).

17        (m)(1) If an applicant is a United States citizen

18   but does not have any of the documentation listed in this

19   section as satisfactory evidence of United States citizenship,

20   the applicant may submit any evidence that the applicant

21   believes demonstrates the applicant's United States

22   citizenship.

23        (2) Any applicant seeking an assessment of evidence

24   under this section may directly contact the office of the

25   Secretary of State by submitting a voter registration

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1    application or the national voter registration form and any

2    supporting evidence of United States citizenship. Upon receipt

3    of this information, the Secretary of State shall notify the

4    State Election Board that such application is pending.

5         (3) The State Election Board shall give the

6    applicant an opportunity for a hearing, upon the applicant's

7    request in writing, and an opportunity to present any

8    additional evidence to the State Election Board. Notice of

9    such hearing shall be given to the applicant at least five

10   days prior to the hearing date. An applicant shall have the

11   opportunity to be represented by counsel at such hearing.

12        (4) The State Election Board shall assess the

13   evidence provided by the applicant to determine whether the

14   applicant has provided satisfactory evidence of United States

15   citizenship. A decision of the State Election Board shall be

16   determined by a majority vote of the board.

17        (5) If an applicant submits an application and any

18   supporting evidence prior to the close of registration for an

19   election cycle, a determination by the State Election Board

20   shall be issued at least five days before such election date.

21        (6) If the State Election Board finds that the

22   evidence presented by the applicant constitutes satisfactory

23   evidence of United States citizenship, the applicant shall

24   meet the requirements under this section to provide

25   satisfactory evidence of United States citizenship.

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1         (7) If the State Election Board finds that the

2    evidence presented by an applicant does not constitute

3    satisfactory evidence of United States citizenship, the

4    applicant shall have the right to appeal such determination by

5    the State Election Board by instituting an action under 8

6    U.S.C. § 1503. Any negative assessment of an applicant's

7    eligibility by the State Election Board shall be reversed if

8    the applicant obtains a declaratory judgment pursuant to 8

9    U.S.C. § 1503, demonstrating that the applicant is a national

10   of the United States.

11        (n)(1) The Department of Public Health shall not

12   charge or accept any fee for a certified copy of a birth

13   certificate if the certificate is requested by any person who

14   is 17 years of age or older for purposes of meeting the voter

15   registration requirements of this act. The person requesting a

16   certified copy of a birth certificate shall swear under oath

17   to both of the following:

18        a. That the person plans to register to vote in this

19   state.

20        b. That the person does not possess any of the

21   documents that constitute evidence of United States

22   citizenship as defined in this act.

23        (2) The affidavit shall specifically list the

24   documents that constitute evidence of United States

25   citizenship as defined in this act.

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1         Section 30. (a) For the purposes of this section,

2    "business transaction" includes any transaction between a

3    person and the state or a political subdivision of the state,

4    including, but not limited to, applying for or renewing a

5    motor vehicle license plate, applying for or renewing a

6    driver's license or nondriver identification card, or applying

7    for or renewing a business license. "Business transaction"

8    does not include applying for a marriage license.

9         (b) An alien not lawfully present in the United

10   States shall not enter into or attempt to enter into a

11   business transaction with the state or a political subdivision

12   of the state and no person shall enter into a business

13   transaction or attempt to enter into a business transaction on

14   behalf of an alien not lawfully present in the United States.

15        (c) Any person entering into a business transaction

16   or attempting to enter into a business transaction with this

17   state or a political subdivision of this state shall be

18   required to demonstrate his or her United States citizenship,

19   or if he or she is an alien, his or her lawful presence in the

20   United States to the person conducting the business

21   transaction on behalf of this state or a political subdivision

22   of this state. United States citizenship shall be demonstrated

23   by presentation of one of the documents listed in Section

24   29(k). An alien's lawful presence in the United States shall

25   be demonstrated by this state's or a political subdivision of

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1    this state's verification of the alien's lawful presence

2    through the Systematic Alien Verification for Entitlements

3    program operated by the Department of Homeland Security, or by

4    other verification with the Department of Homeland Security

5    pursuant to 8 U.S.C. § 1373(c).

6         (d) A violation of this section is a Class C felony.

7         (e) An agency of this state or a county, city, town,

8    or other political subdivision of this state may not consider

9    race, color, or national origin in the enforcement of this

10   section except to the extent permitted by the United States

11   Constitution or the Constitution of Alabama of 1901.

12        (f) In the enforcement of this section, an alien's

13   immigration status shall be determined by verification of the

14   alien's immigration status with the federal government

15   pursuant to 8 U.S.C. § 1373(c). An official of this state or

16   political subdivision of this state shall not attempt to

17   independently make a final determination of whether an alien

18   is lawfully present in the United States.

19        Section 31. Nothing in this act is in any way meant

20   to implement, authorize, or establish the Real ID Act of 2005

21   (P.L. 109-13, Division D; 119 Stat. 302).

22        Section 32. Although this bill would have as its

23   purpose or effect the requirement of a new or increased

24   expenditure of local funds, the bill is excluded from further

25   requirements and application under Amendment 621, now

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1    appearing as Section 111.05 of the Official Recompilation of

2    the Constitution of Alabama of 1901, as amended, because the

3    bill defines a new crime or amends the definition of an

4    existing crime.

5         Section 33. The provisions of this act are

6    severable. If any part of this act is declared invalid or

7    unconstitutional, that declaration shall not affect the part

8    which remains.

9         Section 34. Sections 22 and 23 of this act shall

10   become effective immediately following the passage and

11   approval of this act by the Governor, or its otherwise

12   becoming law. Section 9 shall become effective on January 1,

13   2012, following the passage and approval of this act by the

14   Governor, or its otherwise becoming law. Section 15 shall

15   become effective on April 1, 2012, following the passage and

16   approval of this act by the Governor, or its otherwise

17   becoming law. The remainder of this act shall become effective

18   on the first day of the third month following the passage and

19   approval of this act by the Governor, or its otherwise

20   becoming law.

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1

2

3    _______________________________________

4    Speaker of the House of Representatives

5    _______________________________________

6    President and Presiding Officer of the Senate

7    House of Representatives

8    I hereby certify that the within Act originated in

9    and was passed by the House 05-APR-11, as amended.

10  

11   Greg Pappas

12   Clerk

13

14   _______________________________________

15   Senate 05-MAY-11 Amended and Passed

16   House 02-JUN-11 Passed, as amended by Conference Committee Report

17   Senate 02-JUN-11 Passed, as amended by Conference Committee Report

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