1901 Sixth Avenue North 2400 Regions/Harbert Plaza Birmingham, Alabama 35203 Telephone 205.254.1000 Fax 205.254.
1999
Summary of Bill to Revise Beason-Hammon Alabama Taxpayer and Citizen Protection Act
On April 5, 2012, House Bill 658 was introduced to make changes to HB 56, Alabamas immigration law. A summary of the proposed changes is set forth below. If you have any questions regarding this legislation, please contact: Edward A. "Ted" Hosp Matthew I. Penfield Governmental Affairs & 205.254.1077 thosp@[Link] Compliance Employment & Immigration Law 205.254.1114 mpenfield@[Link]
Table of Contents Page of Page of Summary HB658 3 4 5 6 6 6 8 9 3 8 12 16 20 21 33 35 Section 31-13-3 31-13-5 31-13-6 31-13-7 31-13-8 31-13-9 Description of Section Definitions Officials Required to Enforce Federal Immigration Law Officials Required to Enforce State Immigration Law State or Local Public Benefits Postsecondary Education Contracts with State of Alabama
31-13-10 Complete and Carry Alien Registration 31-13-11 Prohibition of Unauthorized Alien Applying for Work
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Page of Page of Summary HB658 9 10 10 11 11 12 12 12 13 13 13 14 14 15 37 40 43 45 58 60 62 63 63 64 65 66 71 78
Section
Description of Section
31-13-12 Verify Upon Lawful Stop 31-13-13 Harboring and Transporting Aliens 31-13-14 False Documents 31-13-15 Prohibition for Employment of Unauthorized Aliens 31-13-17 Unlawful Employment Practices 32-6-9 Requirement to Carry Drivers License when Driving
31-13-18 Determination of Unlawful Presence when Person Charged with a Crime 31-13-19 Aliens Unlawfully Present Convicted of State or Local Law 31-13-20 Aliens Considered Victims of a Criminal Act or Critical Witness 31-13-23 Reports from the Alabama Department of Homeland Security 31-13-26 Enforcement of Contracts 31-13-27 Reports from the State Department of Education 31-13-28 Voting Provisions 31-13-29 Business Transactions
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31-13-3
Definitions
Certain words and phrases are defined more specifically and clarified.
Page Line Proposed Change
3 12 Clarifies BUSINESS ENTITY and adds the phrase employing one or more persons within the State of Alabama to the definition. This change ensures that a BUSINESS ENTITY only includes persons or groups of persons that employ at least one individual in the State of Alabama. Ala. Code 31-13-3(2) Changes definition of CONTRACTOR, and limits it to apply only to those CONTRACTORS who enter into an agreement that is required to be competitively bid or that, if entered into by the state or an agency thereof, is or would be required to be submitted to the Joint Legislative Contract Review Oversight Committee. Ala. Code 31-13-3(3). This eliminates smaller contracts not covered by the bid laws. Adds the following limitation of CONTRACTOR: For the purposes of this chapter, the term contractor shall not include any person, employer, or business entity that does not employ any person within the State of Alabama. The purpose of this change is to limit application of the law to those entities that employ at least one person in Alabama. Ala. Code 31-13-3(3) Changes the definition of EMPLOYEE to limit it to any person who performs labor or services in the State of Alabama. The purpose of this change is to limit application of the law to those entities that employ at least one person in Alabama. Ala. Code 31-13-3(4) Adds the limitation that EMPLOYEE does not include any inmate in the legal custody of the state, a county, or a municipality. Ala. Code 31-13-3(4). This ensures that those in work release or similar programs are not considered to be employers and therefore do not have to be E-Verified by the private employer. Changes the definition of EMPLOYER to limit it to those that employ an individual within the State of Alabama. The purpose of this change is to limit application of the law to those entities that employ at least one person in Alabama. Ala. Code 31-13-3(5) Adds an Alabama drivers license that expired within the then preceding six months as a document that may be used to demonstrate LAWFUL PRESENCE or LAWFULLY PRESENT. Ala. Code 31-13-3(10)
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Adds a valid Uniformed Services Privileges and Identification Card as a document that may be used to demonstrate LAWFUL PRESENCE or LAWFULLY PRESENT. Ala. Code 31-13-3(10) Adds a definition of PROJECT: An undertaking to provide, deliver, implement, modify, or create any tangible thing or any service within this state. The term does not include a transaction in goods, as defined in Section 7-2-105. Although the definition is broad, it specifically excludes a transaction in goods, as defined in Section 7-2-105. Ala. Code 31-13-3(12) Limits the definition of STATE-FUNDED ENTITY to include only an entity that receives or has received more than 50 percent of its total revenue in one of the preceding three fiscal years from the state, a county, a municipality, or a political subdivision thereof, combined. The purpose of this change is to ensure that a STATE-FUNDED ENTITY is an entity that is primarily funded by the state or other governmental subdivisions. Ala. Code 31-13-3(15) Changes the definition of SUBCONTRACTOR to exclude any person, employer, or business entity that does not employ any person within the State of Alabama. The purpose of this change is to limit application of the law to those entities that employ at least one person in Alabama. Ala. Code 31-13-3(16)
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31-13-5
Officials Required to Enforce Federal Immigration Law
Removes citizen suits and allows United States citizen or lawfully present resident to petition local district attorney or the Attorney General to bring an action. Adds requirements on local district attorney and Attorney General when petitioned.
Page Line Proposed Change
10 23 Changes the enforcement mechanism of this section. Instead of allowing a citizen or alien lawfully present to bring a citizens suit in circuit court, such persons must file a petition with a local district attorney or the Attorney General and request that he or she bring an action in circuit court. Ala. Code 31-13-5(d) Adds requirements that any petition filed with a local district attorney or the Attorney General to be signed under oath and under penalty of perjury, and the petition must allege with specificity any alleged violations. Also adds requirement that a district attorney or the Attorney General must give 30 days notice to the official or head of an agency of his or her intent to file an action. Further adds requirement that [i]f the district attorney or the Attorney General elects not to bring an action, he or she shall publicly state in writing the justification for such a decision. Ala. Code 31-13-5(d)
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Changes requirement of persons working for the State of Alabama or a political subdivision of the state to report violations. Adds that such a person shall have a duty to report only violations of which the person has knowledge. The purpose of this change is to clarify when a person has a duty to report a violation of the law. Ala. Code 31-13-5(f) Clarifies that a sheriff or a chief of police are persons considered in the term official and heads of agency. Ala. Code 31-13-5(g) The provision allowing a court to order payment of costs and fees is removed. The purpose of this removal is that reference to costs and fees is not necessary because citizen suits have been eliminated. Ala. Code 31-13-5(h)
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31-13-6
Officials Required to Enforce State Immigration Law
(changes in Section 6 are essentially the same as the changes to Section 5)
Removes citizen suits and allows United States citizen or lawfully present resident to petition local district attorney or the Attorney General to bring an action. Adds requirements on local district attorney and Attorney General when petitioned.
Page Line Proposed Change
14 12 Changes the enforcement mechanism of this section. Instead of allowing a citizen or alien lawfully present to bring an action in circuit court, such persons must file a petition with a local district attorney or the Attorney General and request that he or she bring an action in circuit court. Ala. Code 31-13-6(d) Adds requirements that any petition filed with a local district attorney or the Attorney General to be signed under oath and under penalty of perjury, and the petition must allege with specificity any alleged violations. Also adds requirement that a district attorney or the Attorney General must give 30 days notice to the official or head of an agency of his or her intent to file an action. Further adds requirement that [i]f the district attorney or the Attorney General elects not to bring an action, he or she shall publicly state in writing the justification for such a decision. Ala. Code 31-13-6(d) Changes requirement of persons working for the State of Alabama or a political subdivision of the state to report violations. Adds that such a person shall have a duty to report only violations of which the person has knowledge. The purpose of this change is to clarify when a person has a duty to report a violation of the law. Ala. Code 31-13-6(f) Clarifies that a sheriff or a chief of police are persons considered in the term official and heads of agency. Ala. Code 31-13-6(g)
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31-13-7
State or Local Public Benefits
Clarifies the criteria that establishes which agencies and subdivisions must verify lawful presence.
Page Line Proposed Change
17 1 Changes the criteria of agencies and political subdivisions required to verify lawful presence of aliens who apply for state or local benefits to include only those agencies or subdivisions that both fund and administer a state or local public benefit. Ala. Code 31-13-7(c) Adds an exception for the renewal of any commercial or professional license. This exception eliminates the verification requirement for subsequent issuance or renewals of such licenses. This new provision explicitly requires verification for the initial issuance of such license. Ala. Code 31-13-6(e)(8)
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31-13-8
Postsecondary Education
Changes requirement of lawful permanent residence or nonimmigrant visa, however, continues to prohibit aliens not lawfully present from attending public postsecondary education institutions.
Page Line Proposed Change
20 21 Removes the requirement that an alien attending a public postsecondary institution must possess lawful permanent residence or an appropriate nonimmigrant visa. The purpose of this change addresses some of the challenges to this section of the law. Ala. Code 31-13-8
31-13-9
Contracts with the State of Alabama, Subdivisions or StateFunded Entity
Proposes revisions to penalty scheme and limits liability to contractors to situations when the contractor had actual knowledge of violations.
Page Line Proposed Change
21 15 Limits the prohibition on hiring or employing unauthorized aliens to within the State of Alabama for business entities and employers that are awarded state contracts, grants, or incentives. Ala. Code 31-13-9(a) Eliminates the requirement that business entities and employers provide a sworn affidavit attesting to the fact that they do not hire or employ unauthorized aliens
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within the State of Alabama. The purpose of this change is to lessen the cost of doing business with the State of Alabama. Ala. Code 31-13-9(a). Note: Primary contractors are still required to provide documentation that they are enrolled in E-Verify. 22 7 Limits the prohibition on hiring or employing unauthorized aliens to within the State of Alabama for business entities and employers that receive subcontracts and are paid for by state contracts, grants, or incentives. Ala. Code 31-13-9(c) Eliminates the requirement that business entities and employers that receive subcontracts and are paid for by state contracts, grants, or incentives provide a sworn affidavit attesting to the fact that they do not hire or employ unauthorized aliens within the State of Alabama. Change also eliminates requirement that subcontractors provide documentation they are enrolled in the E-Verify program. This provision still requires subcontractors to enroll in the E-Verify program. Ala. Code 31-13-9(c) Removes requirement that a contractor receive a sworn affidavit from its direct contractors in order to shield itself from liability. Ala. Code 31-13-9(d) Modifies the safe harbor provision and grants such benefit unless it is shown by clear and convincing evidence that the contractor had actual knowledge that the direct subcontractor was in violation of the law. The purpose of this modification is to protect contractors who have no actual knowledge of violations of the law by subcontractors. Ala. Code 31-13-9(d) Modifies the penalty provision for first violations of subsection (a) or (c). Requires a finding of a violation by a court of competent jurisdiction. Adds a three-year probationary period for a first violation. Ala. Code 31-13-9(e)(1) Allows a court to decide not to suspend the business licenses, permits, or other authorizing document, if the court determines that suspension is not in the best interest of the public. Adds factors the court must consider when making the suspension determination, and requires the court to enter a written opinion setting forth the grounds for its decision if it determines a suspension is not in the best interest of the public. Ala. Code 31-13-9(e)(1)(c)(1)-(3). The factors to be considered are: (i) The number of unauthorized aliens employed by the business entity or employer. (ii) Any prior misconduct by the business entity or employer. (iii) Whether the business entity or employer made good faith efforts to comply with any applicable requirements. (iv) The duration of the violation. (v) The role of the directors, officers, or principals of the business entity or employer in the violation. 7 of 17
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(vi) The impact a suspension of business licenses, permits, or other authorizing document would have on the health or safety of the public. 26 12 Modifies the penalty provision for a second violation of subsection (a) or (c). Requires a finding of a violation by a court of competent jurisdiction. Adds a requirement that the second violation must occur within five years of a court finding a first violation by the business entity or employer. Adds a five-year probationary period for a second violation. Allows a court to decide not to suspend the business licenses, permits, or other authorizing document under the same conditions listed for a first violation. Ala. Code 31-13-9(e)(2) Modifies the penalty provision for a third or subsequent violation of subsection (a) or (c) to be consistent with changes listed above. Adds a requirement that the third or subsequent violation must occur within five years of a court finding a second or subsequent violation by the business entity or employer. Adds a sevenyear probationary period for a second violation. Ala. Code 31-13-9(e)(2) Provides compliance with Section 9 may be verified at any time by the contracting authority or the Attorney General. Ala. Code 31-13-9(h) Adds a new subsection that provides Section 9 shall not apply to debt obligations by the state, any political subdivisions of the state, or any state-funded entity. Ala. Code 31-13-9(i)
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31-13-10 Requirement to Complete and Carry Alien Registration Document
Clarifies the penalties for not carrying alien registration document and removes requirement that official record must be certified by the federal government.
Page Line Proposed Change
34 19 Eliminates requirement that official record that relates to immigration status of person be certified by the federal government agency responsible for maintaining the record. The official record is admissible in any court without further certification. Ala. Code 31-13-10(e) Removes the limitations of a fine not more than $100 and not more than 30 days in jail. This subsection now only provides that an alien unlawfully present in the United States in violation of this Section shall be guilty of a Class C misdemeanor. Ala. Code 31-13-10(f)
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31-13-11 Prohibition of Unauthorized Alien Applying for Work
Clarifies the penalties for unauthorized alien applying for work and removes requirement that official record must be certified by the federal government.
Page Line Proposed Change
36 9 Eliminates requirement that official record that relates to immigration status of person be certified by the federal government agency responsible for maintaining the record. The official record is admissible in any court without further certification. Ala. Code 31-13-11(e) Removes the limitation of a fine not more than $500. This subsection now only provides that a person in violation of this Section shall be guilty of a Class C misdemeanor. Ala. Code 31-13-11(f)
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31-13-12 Verify Upon Lawful Stop
Clarifies when law enforcement may attempt to determine citizenship and immigration status.
Page Line Proposed Change
37 15 Provides law enforcement may determine citizenship and immigration status upon issuance of any traffic citation. Removes stops and detention and restricts requirements of law enforcement to determine citizenship and immigration status to situations involving either issuance of traffic citation or lawful arrest. Ala. Code 31-13-12(a) Provides law enforcement may determine citizenship and immigration status of a person in the same automobile as the person who was lawfully arrested or issued a traffic citation. Ala. Code 31-13-12(a) Amends this Section to require verification of aliens immigration status as soon as reasonably possible, but not later than 48 hours after the time of the aliens arrest. Ala. Code 31-13-12(b) Adds an Alabama drivers license that expired within the then preceding six months as a document that may be provided to the law enforcement officer to show the person is not unlawfully present in the United States. Ala. Code 3113-12(d) Adds a valid Uniformed Services Privileges and Identification Card as a document that may be provided to the law enforcement officer to show the person is not unlawfully present in the United States. Ala. Code 31-13-12(d) 9 of 17
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31-13-13 Prohibition Against Harboring and Transporting Aliens
Adds religious exemption for bona fide nonprofit religious organizations, removes subsection on encouraging/inducing an alien to come to the state. Removes rental agreement prohibition.
Page Line Proposed Change
40 4 Adds from detection to the language prohibiting shielding an alien in any place in this state. Ala. Code 31-13-13(a)(1) Deletes the prohibition of encouraging or inducing an alien to come to or reside in this state. Adds an exemption for bona fide nonprofit religious organizations. Such organizations, and their agents or officers, may encourage, invite, call, allow, and enable an alien present in the United States to perform the vocation of a minister or missionary as a volunteer. Ala. Code 31-13-13(a)(3) Deletes the prohibition of harboring an alien unlawfully present by entering into a rental agreement. Lowers the number of aliens involved in order to increase a violation of this Section from a Class A misdemeanor to a Class C felony from ten to five. Ala. Code 31-13-13(c)
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31-13-14 False Documents
Clarifies prohibition to include only actions taken to intentionally further a scheme to avoid detection and removes prohibition regarding mere reproduction of a false document.
Page Line Proposed Change
43 12 Removes reproduces from the list of prohibited actions considered a criminal offense in this Section. Ala. Code 31-13-14(a) Adds the requirement that for a violation of this Section to occur, the prohibited actions must be taken to intentionally . . . facilitate an unauthorized aliens employment or presence. Ala. Code 31-13-14(f) The purpose of this change is to limit the circumstances when a crime is committed to furthering a scheme to violate the law.
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31-13-15 Prohibition of Employment of Unauthorized Aliens
Clarifies this section does not apply to debt obligations and makes penalties consistent with 31-13-9.
Page Line Proposed Change
46 12 Changes have been made to the penalty provisions of this Section. The changes to the penalties mirror the changes to the penalty provisions in Section 9. Ala. Code 31-13-15(c)-(e) Adds requirements that any citizen petition for an alleged violation of the law filed with the Attorney General by any resident must be signed under oath and under penalty of perjury, and the petition must allege with specificity any alleged violations. Ala. Code 31-13-15(j)(1) Changes the court where an action may be brought from the county district court to the circuit court. Ala. Code 31-13-15(m) Provides compliance with Section 15 may be verified at any time by the the Attorney General. Ala. Code 31-13-15(o)
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31-13-17 Unlawful Employment Practice
Adds defense for employers that action(s) taken were for legitimate business reasons and requires petitioners to show causation. Makes filing a frivolous claim a crime.
Page Line Proposed Change
58 14 Changes the prohibition from a discriminatory practice to an unlawful employment practice. Ala. Code 31-13-17(a) Adds a causation requirement to this Section. A person seeking to bring an unlawful employment practice under this Section action must prove that the employer intended to discriminate against the person because of the unauthorized aliens status. Ala. Code 31-13-17(a)(2) Adds a defense for business entities and employers. It shall not be unlawful employment practice if the business entity or employer had a legitimate business reason for its decision. Ala. Code 31-13-17(a)(3) Removes the provision that required the losing party to pay court costs and reasonable attorneys fees for the prevailing party. Removed the provision related to reporting the amount of attorneys fees spent by each party.
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Adds provision making it a Class C misdemeanor to knowingly file a false or frivolous complaint under this Section.
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Requirement to Carry Drivers License when Driving
Removes requirement of transporting persons to nearest magistrate and adds provision that person found in violation shall have determination of lawful presence made within 48 hours.
Page Line Proposed Change
61 9 Removes the requirement that a law officer must transport a person to nearest magistrate if the officer is unable to determine if the person has a valid drivers license. Modifies this Section to require that, for every person found in violation of this Section or 32-6-1, a reasonable effort shall be made as soon as possible, but not later than within 48 hours, to determine citizenship and lawful presence. Ala. Code 32-6-9(b) Deletes the provision relating to verification with the Law Enforcement Support Center of the United States Department of Homeland Security and detaining persons who are determined to be unlawfully present.
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31-13-18 Determination of Unlawful Presence when Person Charged with a Crime Page Line Proposed Change
62 19 Amends time to conduct verification inquiry to include as soon as reasonably possible. Ala. Code 31-13-18(b)
31-13-19 Aliens Unlawfully Present Convicted of State or Local Law Page Line Proposed Change
63 63 4 12 Deletes reference to payment of a fine. Ala. Code 31-13-19 Deletes reference to Alabama Department of Corrections and amends to state agency responsible for his or her incarceration will maintain custody of the alien unlawfully present. Ala. Code 31-13-19
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31-13-20 Aliens Considered Victims of a Criminal Act or Critical Witness
Adds category of persons who whom actions stayed.
Page Line Proposed Change
63 18 Changes provision to include a person who is a parent or guardian of a victim of a criminal act who is a minor, and a person who is the parent or guardian of a critical witness in any prosecution who is a minor. Ala. Code 31-13-20
31-13-23 Reports from the Alabama Department of Homeland Security
Changes reporting requirements of Alabama Department of Homeland Security and gives Alabama Department of Homeland Security authority to request proof of enrollment in EVerify.
Page Line Proposed Change
64 3 Changes the Alabama Department of Homeland Securitys reporting requirement from a quarterly report to an annual report to the Legislature. Ala. Code 31-1323(a) Deletes the reference to the report being filed twice a year. Ala. Code 31-1323(a) Adds a provision that gives the Alabama Department of Homeland Security the authority to request proof of enrollment in E-Verify from business entities and employers that are the subject of a complaint. The Alabama Department of Homeland Security is also given the authority to inspect all records of the business entity which relate to the requests for verification. Ala. Code 31-1323(b) Establishes that the Alabama Department of Homeland Security shall operate or maintain a toll free telephone hotline or website to receive tips regarding possible violations. Ala. Code 31-13-23(c)
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31-13-26 Enforcement of Contracts
Provides two exemptions to prohibition on enforcement of contracts.
Page Line Proposed Change
65 23 Provides exemptions to the prohibition on enforcement of contracts between a party and an alien unlawfully present. Contracts entered into prior to the effective 13 of 17
date of this act adding this language and contracts for legal services are not prohibited by this Section. Ala. Code 31-13-26(c)
31-13-27 State Department of Education Reports
Changes reporting of fiscal impact by State Department of Education.
Page Line Proposed Change
66 12 Modifies the data collection provisions for the State Department of Education. Adds an intent of the Legislature subsection. Ala. Code 31-13-27(a) Provides that the State Department of Education shall compile a report that calculates the fiscal impact of providing education to children of, or in the custody and control of, aliens believed to be unlawfully present in the United States. Ala. Code 31-13-27(b)
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31-13-28 Voting Provisions
Eliminates State Election Board and replaces it with county board of registrars.
Page Line Proposed Change
71 11 Deletes reference to relevant election officer and adds reference to county board of registrars. Ala. Code 31-13-28(a) Deletes reference to election officer and adds reference to county board of registrars. Ala. Code 31-13-28(b) Deletes reference to election officer or Secretary of States office and adds reference to county board of registrars. Ala. Code 31-13-28(c) Deletes reference to election officer and adds reference to county board of registrars. Ala. Code 31-13-28(c) Deletes reference to election officer or Secretary of State and adds reference to county board of registrars. Ala. Code 31-13-28(h) Deletes reference to election officer or the Secretary of State and adds reference to county board of registrars. Ala. Code 31-13-28(i) Deletes reference to Secretary of State or county election officer and adds reference to county board of registrars. Ala. Code 31-13-28(j)
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Deletes reference to Secretary of State or county election officer and adds reference to county board of registrars. Ala. Code 31-13-28(j) Deletes reference to election officer or Secretary of State and adds reference to county board of registrars. Ala. Code 31-13-28(k)(2) Deletes reference to election officer and adds reference to county board of registrars. Ala. Code 31-13-28(k)(3) Deletes provision establishing State Election Board and its duties. Provides the county board of registrars shall determine whether the applicant has provided satisfactory evidence of United States citizenship. Provides an applicant can appeal denial of their application. Ala. Code 31-13-28(m)
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31-13-29 Business Transactions
Clarifies business license, deletes reference to SAVE, and amends list of documents that may be used to verify citizenship and lawful presence.
Page Line Proposed Change
79 2 Modifies the definition of business transaction and limits it to only 3 transactions: applying for a motor vehicle license plate, a drivers license or nondriver identification card, or a business license. All references to requiring verification of status for renewing licenses are removed. Ala. Code 31-13-29(a) Deletes reference to verification through SAVE, and provides that the documents listed in the definition section ( 31-13-3(10)) may be used to demonstrate lawful presence. Ala. Code 31-13-29(c). Section 31-13-3(1) documents include: a. b. c. d. A valid, unexpired Alabama driver's license or an Alabama driver's license that expired within the then preceding six months. A valid, unexpired Alabama nondriver identification card. A valid tribal enrollment card or other form of tribal identification bearing a photograph or other biometric identifier. Any valid United States federal or state government issued identification document bearing a photograph or other biometric identifier, if issued by an entity that requires proof of lawful presence in the United States before issuance. A foreign passport with an unexpired United States Visa and a corresponding stamp or notation by the United States Department of Homeland Security indicating the bearer's admission to the United States.
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A foreign passport issued by a visa waiver country with the corresponding entry stamp and unexpired duration of stay annotation or an I-94W form by the United States Department of Homeland Security indicating the bearer's admission to the United States. A valid Uniformed Services Privileges and Identification Card.
Adds the qualifying phrase a person not lawfully present to this section to clarify that a felony violation of this Section applies to the person not lawfully present and not the official. Ala. Code 31-13-29(d) Provides the documents that may be used to demonstrate a persons United States citizenship. Ala. Code 31-13-29(g) (1) A driver's license or nondriver's identification card issued by the Alabama Department of Public Safety Division of Motor Vehicles or the equivalent governmental agency of another state within the United States, provided that the governmental agency of another state within the United States requires proof of lawful presence in the United States as a condition of issuance of the driver's license or nondriver's identification card. A birth certificate. Pertinent pages of a United States valid or expired passport identifying the person and the person's passport number, or the person's United States passport. United States naturalization documents or the number of the certificate of naturalization. Other documents or methods of proof of United States citizenship issued by the federal government pursuant to the Immigration and Nationality Act of 1952, as amended. Bureau of Indian Affairs card number, tribal treaty card number, or tribal enrollment number. A consular report of birth abroad of a citizen of the United States of America. A certificate of citizenship issued by the United States Citizenship and Immigration Services. A certification of report of birth issued by the United States Department of State. An American Indian card, with KIC classification, issued by the United States Department of Homeland Security. Final adoption decree showing the person's name and United States birthplace. An official United States military record of service showing the applicant's place of birth in the United States. An extract from a United States hospital record of birth created at the time of the person's birth indicating the place of birth in the United States. 16 of 17
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(2) (3)
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(6) (7) (8) (9) (10) (11) (12) (13)
(14) AL-verify. (15) A valid Uniformed Services Privileges and Identification Card. (16) Any other form of identification that the Alabama Department of Revenue authorizes, through an administrative rule promulgated pursuant to the Alabama Administrative Procedure Act, to be used to demonstrate or confirm a person's United States citizenship, provided that the identification requires proof of lawful presence in the United States as a condition of issuance.
This Client Alert is for information purposes only and should not be construed as legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. For more information or an explanation about the matters discussed in this Alert, please contact one of the attorneys listed above.
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