SB256 Alabama 2010 Session

This bill would relate to illegal immigration and would: Require a law officer to transport a person to the nearest magistrate if the law officer arrests the person for driving without a license and the law officer cannot verify the person has a valid driver's license; make it a crime for a person to transport, conceal, harbor, or in any way protect an illegal alien from detection from state or federal authorities; regulate the creation of identification cards and define who may issue the cards, who may be issued the cards, and any exemptions; require that a reasonable effort be made to determine the citizenship status of a person charged with a felony or driving under the influence; create a new form of identification called the Alabama verified employee identification card; require employers to verify the proof of legal status of an employee through one of three ways and provide penalties for violating this requirement; make it a discriminatory practice for an employer to discharge an employee working in this state who is a United States citizen or permanent resident alien while retaining an employee who the employer knows or reasonably should have known is an unauthorized alien and who is working in a job category requiring equal skill, effort, and responsibility, and which is performed under similar working conditions as the job category held by the discharged employee; require all agencies or political subdivisions to verify the citizenship status of all 14-year-old persons or older who apply for state or federal benefits; require all employers contracting with other employers to provide to the employer with which the contract is made proof of its employees' employment authorization; authorize the Attorney General to draft and sign a Memorandum of Understanding between the State of Alabama and the United States Department of Justice or United States Department of Homeland Security concerning the enforcement of federal immigration and customs laws, detentions, removals, and investigations that take place within the state; restrict the eligibility requirements for scholarships, financial aid, and resident tuition to lawfully present aliens and United States citizens; establish a Fraudulent Documents Identification Unit, subject to the availability of funding, to investigate and apprehend persons or entities that participate in the sale or distribution of fraudulent documents used for identification purposes; and provide for a fine on any person caught creating or possessing a falsified Alabama verified employee identification card

This bill also provides penalties for violating the provisions of this act

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. If this bill is not enacted by a 2/3 vote, it will not become effective with regard to a local entity unless approved by the local entity or until, and only as long as, the Legislature appropriates funds or provides for a local source of revenue

Relating to illegal immigration; to make it a crime for a person to transport, conceal, harbor, or in any way protect an illegal alien from detection from state or federal authorities; to regulate the creation of identification cards and define who may issue the cards, who may be issued the cards, and any exemptions; to require that a reasonable effort be made to determine the citizenship status of a person charged with a felony or driving under the influence; to create a new form of identification called the Alabama verified employee identification card; to require employers to verify the legal status of employees in one of three ways and to provide penalties for violating this requirement; to make it a discriminatory practice for an employer to discharge, in certain circumstances, an employee who is a United States citizen or permanent resident alien while retaining an employee who the employer knows or reasonably should have known is an unauthorized alien; to require all agencies or political subdivisions to verify the citizenship status of all 14-year-old persons or older who apply for state or federal benefits; to require all employers contracting with other employers to provide to the employer with which the contract is made proof of its employees' employment authorization; to authorize the Attorney General to negotiate terms of a Memorandum of Understanding with the federal government; to restrict resident tuition, financial aid, and scholarship opportunities to lawfully present aliens and United States citizens; to establish a Fraudulent Documents Identification Unit, subject to the availability of funding, to investigate and apprehend persons or entities that participate in the sale or distribution of fraudulent documents used for identification purposes; to provide for a fine on any person caught creating or possessing a falsified Alabama verified employee identification card; to amend Section 32-6-9, Code of Alabama 1975, relating to driver's licenses, to require a law officer to transport a person to the nearest magistrate if the law officer arrests the person for driving without a license and the law officer cannot verify the person has a valid driver's license; 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.