HB121 Alabama 2011 Session

Sponsors

Session

Regular Session 2011

Title

Public benefits and employment eligibility, use of false, fictitious, or fraudulent document to obtain benefits or to possess for use in obtaining public benefits, crime established, penalties, Human Resources Department to report violations to local district attorney, proof of lawful presence in United States required, Industrial Relations Department, Human Resources Department, and state and local agencies required to use E-Verify for eligibility for welfare benefits and employment, E-verify training

Description

Under existing law, a person who applies for public benefits using a false, fictitious, or fraudulent document may be guilty of a crime under certain theft or fraud statutes.

This bill would make it a specific crime for a person who applies for certain public benefits to use a false, fictitious, or fraudulent document and would provide penalties.

This bill would make it a specific crime for a person to possess, manufacture, distribute, or sell a false, fictitious, or fraudulent document for use in applying for certain public benefits and would provide penalties.

This bill would require the Department of Human Resources to report to the local office of the district attorney any violations of this act.

This bill would require a person applying for certain public benefits to provide proof of his or her lawful presence in the United States under certain conditions.

This bill would require the Department of Industrial Relations and each state or local agency to use E-Verify to determine the employment eligibility of every person seeking employment and would require the Department of Human Resources to use E-Verify to determine the eligibility of every person seeking welfare benefits in this state. This bill would require those departments and agencies to provide adequate training for its employees on the use of E-Verify.

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.

To make it a specific crime for a person who applies for certain public benefits to use a false, fictitious, or fraudulent document; to make it a specific crime for a person to possess, manufacture, distribute, or sell a false, fictitious, or fraudulent document for use in applying for certain public benefits; to provide penalties; to require the Department of Human Resources to report violations to the district attorney; to require a person applying for certain public benefits to provide proof of his or her lawful presence in the United States under certain conditions; to require the Department of Industrial Relations and each state or local agency to use E-Verify to determine the employment eligibility of every person seeking employment; to require the Department of Human Resources to use E-Verify to determine the eligibility of every person seeking welfare benefits; to require each of those departments and agencies to provide training for its employees on the use of E-Verify; and in connection therewith to 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 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Subjects

Immigration Law