135923-1:n:02/02/2012:JET/tj LRS2012-475




SB140
By Senator Dial
RFD Judiciary
Rd 1 07-FEB-12


SYNOPSIS:This bill would make revisions to the Beason-Hammon Alabama Taxpayer and Citizen Protection Act.
This bill would clarify the provision barring aliens who are unlawfully present from attending a public postsecondary institution.
This bill would repeal the provision making the rental of a dwelling to an alien who is unlawfully present criminal harboring, create an exemption for certain religious activities from the criminal harboring and transporting provisions, repeal the provision making it a crime to encourage or induce an illegal alien to reside in this state, and require the harboring and transportation provisions to be interpreted in the same manner that the federal courts interpret the parallel federal provision.
This bill would clarify the admissibility of a determination by the federal government of alien status for the purposes of criminal proceedings.
This bill would repeal provisions that deny bail based on a person's status as an illegal alien.
This bill would clarify that the provision governing the transfer of aliens who are unlawfully present to federal custody only applies to illegal aliens already in custody.
This bill would specify that the provision concerning contracting with illegal aliens applies prospectively to contracts entered into after the effective date of the provision.
This bill would delete the provisions relating to voter eligibility requirements and require the Secretary of State's office to educate and provide information to the district attorneys regarding state and federal laws and requirements, including criminal penalties, associated with attempts to register to vote by noncitizens.
This bill would require district attorneys to notify the Secretary of State of prosecutions brought against noncitizens who attempt to register to vote and would require the Secretary of State to compile an annual report regarding issues related to this issue, including the information provided by the district attorneys.
This bill would clarify which "business transactions" unlawfully present aliens are prohibited from entering into with the state or a political subdivision of the state.
This bill also would repeal sections of the act relating to authorization of private lawsuits against public officials to compel enforcement of immigration laws and alien public education enrollment data.
Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.
The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

A BILL
TO BE ENTITLED
AN ACT

To amend Sections 8, 10, 11, 13, 19, 20, 27, 29, and 30 of Act 2011-535, 2011 Regular Session, now appearing as Sections 31-13-8, 31-13-10, 31-13-11, 31-13-13, 31-13-18, 31-13-19, 31-13-26, 31-13-28, and 31-13-29, Code of Alabama 1975, and Section 32-6-9, Code of Alabama 1975, as amended by Section 18 of Act 2011-535, 2011 Regular Session, to: clarify the provision prohibiting illegal aliens from attending a public postsecondary institution; repeal the provision making the rental of a dwelling to an illegal alien criminal harboring; exempt certain religious activities from the criminal harboring and transporting provisions; repeal the provisions making it a crime of encouraging or inducing an illegal alien to reside in this state; require the harboring and transportation provisions to be interpreted in the same manner that federal courts interpret parallel federal provision; clarify the admissibility of a determination by the federal government of alien status in criminal proceedings; repeal provisions that deny bail based on a person's status as an illegal alien; clarify that the provision governing the transfer of unlawfully present aliens to federal custody applies only to unauthorized aliens already in custody; specify that the provision barring enforcement in state court of contracts with illegal aliens applies prospectively to contracts entered into after the effective date of the provision; delete provisions relating to voter eligibility requirements; require the Secretary of State's office to educate and provide information to district attorneys regarding attempts to vote by noncitizens; require district attorneys to notify the Secretary of State of prosecutions brought against noncitizens who attempt to register to vote; require the Secretary of State to report to the Legislature regarding voting and immigration issues; modify the definition of "business transaction"; and repeal Sections 5 and 6, relating to the authorization of private lawsuits against public officials to compel enforcement of immigration laws, and Section 28, relating to alien public education enrollment data, of Act 2011-535, 2011 Regular Session, now appearing as Sections 31-13-5, 31-13-6, and 31-13-27, Code of Alabama 1975; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Sections 8, 10, 11, and 13 of Act 2011-535, 2011 Regular Session, now appearing as Sections 31-13-8, 31-13-10, 31-13-11, and 31-13-13, Code of Alabama 1975, are amended to read as follows:

31-13-8.

"An alien who is not lawfully present in the United States shall not be permitted to enroll in or attend any public postsecondary education institution in this state. An alien attending any public postsecondary institution in this state must either possess lawful permanent residence or an appropriate nonimmigrant visa under 8 U.S.C. 1101, et seq. For the purposes of this section, a public postsecondary education institution officer may seek federal verification of an alien's immigration status with the federal government pursuant to 8 U.S.C. 1373(c). A public postsecondary education institution officer or official shall not attempt to independently make a final determination of whether an alien is lawfully present in the United States. Except as otherwise provided by law, an alien who is not lawfully present in the United States shall not be eligible for any postsecondary education benefit, including, but not limited to, scholarships, grants, or financial aid.

31-13-10.

"(a) In addition to any violation of federal law, a person is guilty of willful failure to complete or carry an alien registration document if the person is in violation of 8 U.S.C. 1304(e) or 8 U.S.C. 1306(a), and the person is an alien unlawfully present in the United States.

"(b) In the enforcement of this section, an alien's immigration status shall be determined by verification of the alien's immigration status with the federal government pursuant to 8 U.S.C. 1373(c). A law enforcement officer shall not attempt to independently make a final determination of whether an alien is lawfully present in the United States.

"(c) A law enforcement official or agency of this state or a county, city, or other political subdivision of this state may not consider race, color, or national origin in the enforcement of this section except to the extent permitted by the United States Constitution and the Constitution of Alabama of 1901.

"(d) This section does not apply to a person who maintains authorization from the federal government to be present in the United States.

"(e) Any record that relates to the immigration status of a person is admissible in any court of this state without further foundation or testimony from a custodian of records if the record is certified as authentic by the federal government agency that is responsible for maintaining the record. A verification of an alien's immigration status received from the federal government pursuant to 8 U.S.C. 1373(c) shall constitute proof of that alien's status. A court of this state shall consider only the federal government's verification in determining whether an alien is lawfully present in the United States. A verification of an alien's immigration status received from the federal government pursuant to 8 U.S.C. 1373(c) shall constitute evidence of that alien's status and is the only evidence of an alien's status upon which the state may rely.

"(f) An alien unlawfully present in the United States who is in violation of this section shall be guilty of a Class C misdemeanor and subject to a fine of not more than one hundred dollars ($100) and not more than 30 days in jail.

"(g) A court shall collect the assessments prescribed in subsection (f) and remit 50 percent of the assessments to the general fund of the local government where the person was apprehended to be earmarked for law enforcement purposes, 25 percent of the assessments to the Alabama Department of Homeland Security, and 25 percent of the assessments to the Department of Public Safety.

31-13-11.

"(a) It is unlawful for a person who is an unauthorized alien to knowingly apply for work, solicit work in a public or private place, or perform work as an employee or independent contractor in this state.

"(b) In the enforcement of this section, an alien's immigration status shall be determined by verification of the alien's immigration status with the federal government pursuant to 8 U.S.C. 1373(c). A law enforcement officer shall not attempt to independently make a final determination on whether an alien is authorized to work in the United States.

"(c) A law enforcement official or agency of this state or a county, city, or other political subdivision of this state may not consider race, color, or national origin in the enforcement of this section except to the extent permitted by the United States Constitution and the Constitution of Alabama of 1901.

"(d) This section does not apply to a person who maintains authorization from the federal government to be employed in the United States.

"(e) Any record that relates to the employment authorization of a person is admissible in any court of this state without further foundation or testimony from a custodian of records if the record is certified as authentic by the federal government agency that is responsible for maintaining the record. A verification of an alien's immigration status received from the federal government pursuant to 8 U.S.C. 1373(c) shall constitute proof of that alien's status. A court of this state shall consider only the federal government's verification in determining whether a person is an unauthorized alien. A verification of an alien's immigration status received from the federal government pursuant to 8 U.S.C. 1373(c) shall constitute evidence of that alien's status and is the only evidence of an alien's status upon which the state may rely.

"(f) It is unlawful for an occupant of a motor vehicle that is stopped on a street, roadway, or highway to attempt to hire or hire and pick up passengers for work at a different location if the motor vehicle blocks or impedes the normal movement of traffic.

"(g) It is unlawful for a person to enter a motor vehicle that is stopped on a street, roadway or highway in order to be hired by an occupant of the motor vehicle and to be transported to work at a different location if the motor vehicle blocks or impedes the normal movement of traffic.

"(h) A person who is in violation of this section shall be guilty of a Class C misdemeanor and subject to a fine of not more than five hundred dollars ($500).

"(i) A court shall collect the assessments prescribed in subsection (h) and remit 50 percent of the assessments to the general fund of the local government where the person was apprehended to be earmarked for law enforcement purposes, 25 percent of the assessments to the Alabama Department of Homeland Security, and 25 percent of the assessments to the Department of Public Safety.

"(j) The terms of this section shall be interpreted consistently with 8 U.S.C. 1324a and any applicable federal rules and regulations.

31-13-13.

"(a) It shall be unlawful for a person to do any of the following:

"(1) Conceal, harbor, or shield or attempt to conceal, harbor, or shield or conspire to conceal, harbor, or shield an alien from detection in any place in this state, including any building or any means of transportation, if the person knows or recklessly disregards the fact that the alien has come to, has entered, or remains in the United States in violation of federal law.

"(2) Encourage or induce an alien to come to or reside in this state if the person knows or recklessly disregards the fact that such coming to, entering, or residing in the United States is or will be in violation of federal law.

"(3)(2) Transport, or attempt to transport, or conspire to transport in this state an alien in furtherance of the unlawful presence of the alien in the United States, knowingly, or in reckless disregard of the fact, that the alien has come to, entered, or remained in the United States in violation of federal law. Conspiracy to be so transported shall be a violation of this subdivision.

"(4) Harbor an alien unlawfully present in the United States by entering into a rental agreement, as defined by Section 35-9A-141, with an alien to provide accommodations, if the person knows or recklessly disregards the fact that the alien is unlawfully present in the United States.

"(b) Any person violating this section is guilty of a Class A misdemeanor for each unlawfully present alien, the illegal presence of which in the United States and the State of Alabama, he or she is facilitating or is attempting to facilitate.

"(c) A person violating this section is guilty of a Class C felony when the violation involves 10 or more aliens, the illegal presence of which in the United States and the State of Alabama, he or she is facilitating or is attempting to facilitate.

"(d) Notwithstanding any other law, a law enforcement agency may securely transport an alien whom the agency has received verification from the federal government pursuant to 8 U.S.C. 1373(c) is unlawfully present in the United States and who is in the agency's custody to a state approved facility, to a federal facility in this state, or to any other point of transfer into federal custody that is outside the jurisdiction of the law enforcement agency. A law enforcement agency shall obtain judicial or executive authorization from the Governor before securely transporting an alien who is unlawfully present in the United States to a point of transfer that is outside this state.

"(e) Notwithstanding any other law, any person acting in his or her official capacity as a first responder or protective services provider may harbor, shelter, move, or transport an alien unlawfully present in the United States pursuant to state law.

"(f) Any conveyance, including any vessel, vehicle, or aircraft, that has been or is being used in the commission of a violation of this section, and the gross proceeds of such a violation, shall be subject to civil forfeiture under the procedures of Section 20-2-93.

"(g) In the enforcement of this section, an alien's immigration status shall be determined by verification of the alien's immigration status with the federal government pursuant to 8 U.S.C. 1373(c). A law enforcement officer shall not attempt to independently make a final determination of whether an alien is lawfully present in the United States.

"(h) Any record that relates to the immigration status of a person is admissible in any court of this state without further foundation or testimony from a custodian of records if the record is certified as authentic by the federal government agency that is responsible for maintaining the record. A verification of an alien's immigration status received from the federal government pursuant to 8 U.S.C. 1373(c) shall constitute proof of that alien's status. A court of this state shall consider only the federal government's verification in determining whether an alien is lawfully present in the United States. A verification of an alien's immigration status received from the federal government pursuant to 8 U.S.C. 1373(c) shall constitute evidence of that alien's status and is the only evidence of an alien's status upon which the state may rely.

"(i) It is not a violation of this section for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officers of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least one year.

"(j) This section shall be interpreted in a manner consistent with federal courts' interpretation of 8 U.S.C. 1324."

Section 2. Section 18 of Act 2011-535 of the 2011 Regular Session, amending Section 32-6-9, Code of Alabama 1975, is amended to read as follows:

32-6-9.

"(a) Every licensee shall have his or her license in his or her immediate possession at all times when driving a motor vehicle and shall display the same, upon demand of a judge of any court, a peace officer or a state trooper. However, no person charged with violating this section shall be convicted if he or she produces in court or the office of the arresting officer a driver's license theretofore issued to him or her and valid at the time of his or her arrest.

"(b) Notwithstanding Section 32-1-4, if a law officer arrests a person for a violation of this section and the officer is unable to determine by any other means that the person has a valid driver's license, the officer shall transport the person to the nearest or most accessible magistrate.

"(c) A reasonable effort shall be made to determine the citizenship of the person and if an alien, whether the alien is lawfully present in the United States by verification with the federal government pursuant to 8 U.S.C. 1373(c). An officer shall not attempt to independently make a final determination of whether an alien is lawfully present in the United States.

"(d) A verification inquiry, pursuant to 8 U.S.C. 1373(c), shall be made within 48 hours to the Law Enforcement Support Center of the United States Department of Homeland Security or other office or agency designated for that purpose by the federal government. If the person is determined to be an alien unlawfully present in the United States, the person shall be considered a flight risk and shall be detained until prosecution or until handed over to federal immigration authorities."

Section 3. Sections 19, 20, 27, 29, and 30 of Act 2011-535, 2011 Regular Session, now appearing as Sections 31-13-18, 31-13-19, 31-13-26, 31-13-28, and 31-13-29, Code of Alabama 1975, are amended to read as follows:

31-13-18.

"(a) When a person is charged with a crime for which bail is required, or is confined for any period in a state, county, or municipal jail, a reasonable effort shall be made to determine if the person is an alien unlawfully present in the United States by verification with the federal government pursuant to 8 U.S.C. 1373(c).

"(b) A verification inquiry, pursuant to 8 U.S.C. 1373(c), shall be made within 48 hours to the Law Enforcement Support Center of the United States Department of Homeland Security or other office or agency designated for that purpose by the federal government. If the person is determined to be an alien unlawfully present in the United States, the person shall be considered a flight risk and shall be detained until prosecution or until handed over to federal immigration authorities.

31-13-19.

"If an alien who is unlawfully present in the United States is convicted of a violation of state or local law and is within 30 days of release or has paid any fine as required by operation of law, the agency responsible for his or her incarceration shall notify the United States Bureau of Immigration and Customs Enforcement and the Alabama Department of Homeland Security, pursuant to 8 U.S.C. 1373. The Alabama Department of Homeland Security shall assist in the coordination of the transfer of the prisoner to the appropriate federal immigration authorities; however, the Alabama Department of Corrections agency responsible for his or her incarceration shall maintain custody during any transfer of the individual.

31-13-26.

"(a) No court of this state shall enforce the terms of, or otherwise regard as valid, any contract between a party and an alien unlawfully present in the United States, if the party had direct or constructive knowledge that the alien was unlawfully present in the United States at the time the contract was entered into, and the performance of the contract required the alien to remain unlawfully present in the United States for more than 24 hours after the time the contract was entered into or performance could not reasonably be expected to occur without such remaining.

"(b) This section shall not apply to a contract for lodging for one night, a contract for the purchase of food to be consumed by the alien, a contract for medical services, or a contract for transportation of the alien that is intended to facilitate the alien's return to his or her country of origin.

"(c) This section shall not apply to a contract authorized by federal law.

"(d) In proceedings of the court, the determination of whether an alien is unlawfully present in the United States shall be made by the federal government, pursuant to 8 U.S.C. 1373(c). The court shall consider only the federal government's determination when deciding whether an alien is unlawfully present in the United States. The court may take judicial notice of any verification of an individual's immigration status previously provided by the federal government and may request the federal government to provide further automated or testimonial verification.

"(e) This section only applies to contracts entered into after September 1, 2011.

31-13-28.

"(a) Applications for voter registration shall contain voter eligibility requirements and such information as is necessary to prevent duplicative voter registrations and enable the relevant election officer to assess the eligibility of the applicant and to administer voter registration, identify the applicant and to determine the qualifications of the applicant as an elector and the facts authorizing such person to be registered. Applications shall contain a statement that the applicant shall be required to provide qualifying identification when voting.

"(b) The Secretary of State shall create a process for the county election officer to check to indicate whether an applicant has provided with the application the information necessary to assess the eligibility of the applicant, including the applicant's United States citizenship. This section shall be interpreted and applied in accordance with federal law. No eligible applicant whose qualifications have been assessed shall be denied registration.

"(c) The county election officer or Secretary of State's office shall accept any completed application for registration, but an applicant shall not be registered until the applicant has provided satisfactory evidence of United States citizenship. Satisfactory evidence of United States citizenship shall be provided in person at the time of filing the application for registration or by including, with a mailed registration application, a photocopy of one of the documents listed as evidence of United States citizenship in subsection (k). After a person has submitted satisfactory evidence of citizenship, the county election officer shall indicate this information in the person's permanent voter file.

"(d) Any person who is registered in this state on September 1, 2011, is deemed to have provided satisfactory evidence of United States citizenship and shall not be required to submit evidence of citizenship.

"(e) For purposes of this section, proof of voter registration from another state is not satisfactory evidence of United States citizenship.

"(f) A registered voter who moves from one residence to another within the state or who modifies his or her voter registration records for any other reason shall not be required to submit evidence of United States citizenship.

"(g) If evidence of United States citizenship is deemed to be unsatisfactory due to an inconsistency between the document submitted as evidence and the name or sex provided on the application for registration, such applicant may sign an affidavit containing both of the following:

"(1) Stating the inconsistency or inconsistencies related to the name or sex, and the reason therefor.

"(2) Swearing under oath that, despite the inconsistency, the applicant is the individual reflected in the document provided as evidence of citizenship.

"(h) There shall be no inconsistency between the date of birth on the document provided as evidence of citizenship and the date of birth provided on the application for registration. If such an affidavit is submitted by the applicant, the county election officer or Secretary of State shall assess the eligibility of the applicant without regard to any inconsistency stated in the affidavit.

"(i) All documents submitted as evidence of United States citizenship shall be kept confidential by the county election officer or the Secretary of State and maintained as provided by record retention laws.

"(j) Nothing in this section shall prohibit an applicant from providing, or the Secretary of State or county election officer from obtaining, satisfactory evidence of United States citizenship, as described in this section, at a different time or in a different manner than an application for registration is provided, as long as the applicant's eligibility can be adequately assessed by the Secretary of State or county election officer as required by this section.

"(k) Evidence of United States citizenship shall be demonstrated by one of the following documents, or a legible photocopy of one of the following documents:

"(1) The applicant's driver's license or nondriver's identification card issued by the division of motor vehicles or the equivalent governmental agency of another state within the United States if the agency indicates on the applicant's driver's license or nondriver's identification card that the person has provided satisfactory proof of United States citizenship.

"(2) The applicant's birth certificate that verifies United States citizenship to the satisfaction of the county election officer or Secretary of State.

"(3) Pertinent pages of the applicant's United States valid or expired passport identifying the applicant and the applicant's passport number, or presentation to the county election officer of the applicant's United States passport.

"(4) The applicant's United States naturalization documents or the number of the certificate of naturalization. If only the number of the certificate of naturalization is provided, the applicant shall not be included in the registration rolls until the number of the certificate of naturalization is verified with the United States Bureau of Citizenship and Immigration Services by the county election officer or the Secretary of State, pursuant to 8 U.S.C. 1373(c).

"(5) Other documents or methods of proof of United States citizenship issued by the federal government pursuant to the Immigration and Nationality Act of 1952, and amendments thereto.

"(6) The applicant's Bureau of Indian Affairs card number, tribal treaty card number, or tribal enrollment number.

"(7) The applicant's consular report of birth abroad of a citizen of the United States of America.

"(8) The applicant's certificate of citizenship issued by the United States Citizenship and Immigration Services.

"(9) The applicant's certification of report of birth issued by the United States Department of State.

"(10) The applicant's American Indian card, with KIC classification, issued by the United States Department of Homeland Security.

"(11) The applicant's final adoption decree showing the applicant's name and United States birthplace.

"(12) The applicant's official United States military record of service showing the applicant's place of birth in the United States.

"(13) An extract from a United States hospital record of birth created at the time of the applicant's birth indicating the applicant's place of birth in the United States.

"(l) There is hereby established the State Election Board, consisting of the Secretary of State, the Attorney General, and the Lieutenant Governor. The State Election Board shall meet on the call of the Secretary of State. The State Election Board shall do both of the following:

"(1) Assess information provided by any applicant for voter registration as evidence of citizenship pursuant to subsection (m).

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

"(m)(1) If an applicant is a United States citizen but does not have any of the documentation listed in this section as satisfactory evidence of United States citizenship, the applicant may submit any evidence that the applicant believes demonstrates the applicant's United States citizenship.

"(2) Any applicant seeking an assessment of evidence under this section may directly contact the office of the Secretary of State by submitting a voter registration application or the national voter registration form and any supporting evidence of United States citizenship. Upon receipt of this information, the Secretary of State shall notify the State Election Board that such application is pending.

"(3) The State Election Board shall give the applicant an opportunity for a hearing, upon the applicant's request in writing, and an opportunity to present any additional evidence to the State Election Board. Notice of such hearing shall be given to the applicant at least five days prior to the hearing date. An applicant shall have the opportunity to be represented by counsel at such hearing.

"(4) The State Election Board shall assess the evidence provided by the applicant to determine whether the applicant has provided satisfactory evidence of United States citizenship. A decision of the State Election Board shall be determined by a majority vote of the board.

"(5) If an applicant submits an application and any supporting evidence prior to the close of registration for an election cycle, a determination by the State Election Board shall be issued at least five days before such election date.

"(6) If the State Election Board finds that the evidence presented by the applicant constitutes satisfactory evidence of United States citizenship, the applicant shall meet the requirements under this section to provide satisfactory evidence of United States citizenship.

"(7) If the State Election Board finds that the evidence presented by an applicant does not constitute satisfactory evidence of United States citizenship, the applicant shall have the right to appeal such determination by the State Election Board by instituting an action under 8 U.S.C. 1503. Any negative assessment of an applicant's eligibility by the State Election Board shall be reversed if the applicant obtains a declaratory judgment pursuant to 8 U.S.C. 1503, demonstrating that the applicant is a national of the United States.

"(n)(1) The Department of Public Health shall not charge or accept any fee for a certified copy of a birth certificate if the certificate is requested by any person who is 17 years of age or older for purposes of meeting the voter registration requirements of this chapter. The person requesting a certified copy of a birth certificate shall swear under oath to both of the following:

"a. That the person plans to register to vote in this state.

"b. That the person does not possess any of the documents that constitute evidence of United States citizenship as defined in this chapter.

"(2) The affidavit shall specifically list the documents that constitute evidence of United States citizenship as defined in this chapter.

"(a) The Secretary of State's office shall educate and provide information to the district attorneys regarding state and federal laws and requirements, including criminal penalties, associated with noncitizens attempting to register to vote in this state.

"(b)(1) The district attorneys shall notify the Secretary of State of any prosecutions for perjury brought against noncitizens who attempt to register to vote in violation of state law.

"(2) The Secretary of State shall compile an annual report regarding issues related to noncitizens attempting to register to vote, including the information provided by the district attorneys under subdivision (1), to the Legislature by October 1 of each year.

31-13-29.

"(a) For the purposes of this section, a business transaction includes any is a transaction between a person and the state or a political subdivision of the state, including, but not limited to, applying for or renewing a motor vehicle license plate, applying for or renewing a driver's license or nondriver identification card, or applying for or renewing a business license. Business transaction does not include applying for a marriage license. concerning the issuance of any of the following:

"(1) Driver's license or nondriver identification card.

"(2) Motor vehicle license plate.

"(3) Business license.

"(b) An alien not lawfully present in the United States shall not enter into or attempt to enter into a business transaction with the state or a political subdivision of the state and no person shall enter into a business transaction or attempt to enter into a business transaction on behalf of an alien not lawfully present in the United States.

"(c) Any person entering into a business transaction or attempting to enter into a business transaction with this state or a political subdivision of this state shall be required to demonstrate his or her United States citizenship, or if he or she is an alien, his or her lawful presence in the United States to the person conducting the business transaction on behalf of this state or a political subdivision of this state. United States citizenship shall be demonstrated by presentation of one of the documents listed in subsection (k) of Section 31-13-28. An alien's lawful presence in the United States shall be demonstrated by this state's or a political subdivision of this state's verification of the alien's lawful presence through the Systematic Alien Verification for Entitlements program operated by the Department of Homeland Security, or by other verification with the Department of Homeland Security pursuant to 8 U.S.C. 1373(c). United States citizenship shall be demonstrated by presentation of one of the following documents:

"(1) The applicant's driver's license or nondriver's identification card issued by the division of motor vehicles or the equivalent governmental agency of another state within the United States if the agency indicates on the applicant's driver's license or nondriver's identification card that the person has provided satisfactory proof of United States citizenship.

"(2) The applicant's birth certificate that verifies United States citizenship.

"(3) Pertinent pages of the applicant's United States valid or expired passport identifying the applicant and the applicant's passport number, or presentation to the person conducting the business transaction on behalf of this state or a political subdivision of this state of the applicant's United States passport.

"(4) The applicant's United States naturalization documents or the number of the certificate of naturalization. If only the number of the certificate of naturalization is provided, the applicant shall not be included in the registration rolls until the number of the certificate of naturalization is verified with the United States Bureau of Citizenship and Immigration Services by the federal government, pursuant to 8 U.S.C. 1373(c), by the person conducting the business transaction on behalf of this state or a political subdivision of this state.

"(5) Other documents or methods of proof of United States citizenship issued by the federal government pursuant to the Immigration and Nationality Act of 1952, and amendments thereto.

"(6) The applicant's Bureau of Indian Affairs card number, tribal treaty card number, or tribal enrollment number.

"(7) The applicant's consular report of birth abroad of a citizen of the United States of America.

"(8) The applicant's certificate of citizenship issued by the United States Citizenship and Immigration Services.

"(9) The applicant's certification of report of birth issued by the United States Department of State.

"(10) The applicant's American Indian card, with KIC classification, issued by the United States Department of Homeland Security.

"(11) The applicant's final adoption decree showing the applicant's name and United States birthplace.

"(12) The applicant's official United States military record of service showing the applicant's place of birth in the United States.

"(13) An extract from a United States hospital record of birth created at the time of the applicant's birth indicating the applicant's place of birth in the United States.

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

"(e) An agency official of this state or a county, city, town, or other political subdivision of this state may not consider race, color, or national origin in the enforcement of this section except to the extent permitted by the United States Constitution or the Constitution of Alabama of 1901.

"(f) In the enforcement of this section, an alien's immigration status shall be determined by verification of the alien's immigration status with the federal government pursuant to 8 U.S.C. 1373(c). An official of this state or political subdivision of this state shall not attempt to independently make a final determination of whether an alien is lawfully present in the United States."

Section 4. Sections 5 and 6 of Act 2011-535, 2011 Regular Session, now appearing as Sections 31-13-5 and 31-13-6, Code of Alabama 1975, relating to the authorization of private lawsuits against public officials to compel enforcement of immigration laws, are repealed. Section 28, relating to public education enrollment data, of Act 2011-535, 2011 Regular Session, now appearing as Section 31-13-27, Code of Alabama 1975, is repealed.

Section 5. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 6. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.


Immigration Law
Illegal Aliens
Crimes and Offenses
Criminal Law and Procedure
Licenses and Licensing
Business and Commerce
Education
Voter Registration
Secretary of State
District Attorneys
Code Amended
Acts Amended
Code Repealed