HB226 Alabama 2012 Session

Summary

Primary Sponsor

Joe Hubbard

Democrat

Session

Regular Session 2012

Title

Immigration law, provision barring unlawfully present aliens from attending a public postsecondary school clarified, crime of criminal harboring of unlawfully present alien modified to exclude rentals to aliens, crime of conspiracy to transport alien eliminated, bail for certain detained aliens allowed under certain circumstances, collection of information related to attempts to register to vote by noncitizens required, employment, use of valid driver's license or nondriver identification card to verify citizenship or lawful presence for employment eligibility, authorized; Act 2011-535, 2011 Reg. Sess., am'd; Secs. 31-13-8, 31-13-9, 31-13-13, 31-13-15, 31-13-18, 31-13-19, 31-13-26, 31-13-28, 31-13-29, 32-6-9 am'd; Secs. 31-13-5, 31-13-6, 31-13-10, 31-13-27 repealed

Description

This bill would make revisions to the Beason-Hammon Alabama Taxpayer and Citizen Protection Act, the comprehensive immigration law passed during the 2011 Regular Session and signed by the Governor on June 9, 2011.

This bill would clarify the provision barring aliens who are unlawfully present from attending a public postsecondary institution.

This bill would repeal the provisions 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 alien to reside in this state, repeal the provisions making it a crime to conspire to transport an unauthorized alien, and require the harboring provision to be interpreted in the same manner that federal courts interpret the parallel harboring provision.

This bill would allow an alien who is unlawfully present to make bail if detained after a stop for failure to demonstrate lawful presence or citizenship.

This bill would provide business entities and employers in this state with an option to use federal E-Verify or a valid Alabama driver's license or identification card to verify the immigration status and eligibility of an employee.

This bill would also provide subcontractors on a project paid for by state contract, grant, or incentive with an option to use federal E-Verify or a valid Alabama driver's license or identification card to verify the immigration status and eligibility of an employee.

This bill would clarify that the provision governing the transfer of aliens who are unlawfully present to federal custody only applies to unauthorized aliens already in custody.

This bill would specify that the provision barring the state from contracting with aliens who are unlawfully present applies prospectively to contracts entered into after the effective date of the provision.

This bill would repeal 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, failure to complete or carry alien registration documents, 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.

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Subjects

Immigration Law