State House Sends Immigration Reform Bill To The Governor
AP - 5/1/2007 10:36 AM - Updated 5/1/2007 2:35 PM
OKLAHOMA CITY (AP) _ The Oklahoma House Tuesday overwhelmingly passed a sweeping immigration reform bill that would bar illegal immigrants from jobs and public benefits and sent it to Gov. Brad Henry's desk.

House Speaker Lance Cargill described the legislation as the toughest state immigration guidelines in the nation and urged Henry to sign it into law.

``The people of Oklahoma are very strongly for this bill,'' Cargill said.

The bill, passed by the state Senate on April 16, was approved in the House by a bipartisan 84-14 vote in spite of complaints by some opponents that amendments inserted by the Senate had watered the bill down. The House voted to accept the Senate amendments by a vote of 85-13.

``This does nothing, absolutely nothing,'' said Rep. Terry Harrison, D-McAlester. ``I think we need to be tough. It's lukewarm at best.''

One Senate amendment restored an in-state tuition program for children of illegal immigrants attending state colleges and universities that the House had voted to repeal. The measure now allows those receiving in-state tuition to continue and requires new applicants to apply for citizenship within one year.

The bill's author, Rep. Randy Terrill, R-Moore, said he had to agree to changes in the bill in order to get it out of the Senate.

``I'm not exactly perfectly happy with everything in this bill,'' Terrill said. ``Is it too tough? Is it to weak? I think it's just right.''

Terrill said illegal immigrants costs state taxpayers up to $200 million a year in public benefits and other resources and that state government has a duty to enforce immigration laws when the federal government will not.

``We have several thousand illegal aliens coming across our border every day,'' Terrill said. ``It is a situation that is not sustainable or desirable.''

The measure contains provisions to ensure that only citizens and legal immigrants receive taxpayer-supported benefits and gives state and local law enforcement officials the power to enforce federal immigration law.

It also targets employers who knowingly hire illegal aliens in order to gain a competitive advantage. Key elements of the bill focus on determining worker eligibility, including technology called the Basic Pilot program, which screens Social Security numbers to make sure they are real and that they match up with the person's name.

Public agencies will be required to use the program beginning Nov. 1 and private companies will begin using it by July 1, 2008. Related stories:

3/5/2007 - Green Country Hispanics Fight New Immigration Bill

4/3/2007 - Controversial Immigration Bill Closer To Becoming Law

4/16/2007 - State Senate Approves Sweeping Immigration Legislation

4/19/2007 - Hispanics Speak Out Against Immigration Legislation

---

HOUSE BILL NO. 1804

By: Terrill, Sullivan, Key, Duncan, Banz, Coody, Cooksey, Dank, Derby, Faught, Hickman, Inman, Johnson (Rob), Kern Liebmann, Martin (Scott), Martin (Steve), McCullough, McDaniel (Randy), Murphey, Peterson (Ron), Proctor, Sears, Tibbs and Worthen of the House and Williamson, Sykes, Corn and Ivester of the Senate

An Act relating to illegal immigration; creating the Oklahoma Taxpayer and Citizen Protection Act of 2007; stating legislative purpose; making certain acts unlawful; providing penalties; amending 21 O.S. 2001, Section 1550.42, which relates to identification documentation; requiring issuance of identification documents to certain persons; providing exceptions; stating period of validity; providing for renewal under certain circumstances; providing presumption of validity for renewal, duplication or reissuance of driver license; requiring determination of citizenship status for persons charged with certain crime; requiring verification of persons determined to be a foreign national; providing time limitation for verification; requiring notification to certain entities; providing rebuttable presumption that certain persons are a flight risk; defining terms; requiring participation in certain verification system; prohibiting certain persons from entering into contracts; providing an exception; providing for cause of action under certain circumstances; providing liability provisions for employing entities found to have violated certain prohibited act; providing exemption from liability; requiring certain agency to promulgate certain rules and regulations; requiring agencies and political subdivisions to verify lawful presence of persons applying for certain benefits; providing for nondiscriminatory treatment; excluding verification under certain circumstances; requiring execution of affidavit; requiring certain applicant to receive benefits through the Systematic Alien Verification of Entitlement Program; making certain actions subject to certain criminal penalties; authorizing adoption of variations to stated requirements; requiring certain entities to submit an annual compliance report; requiring certain entities to monitor certain program; requiring publication of annual report and certain recommendations; requiring certain entities to submit a report of errors to certain agency; requiring the withholding of percentage of state income tax under certain circumstances; providing for tax liability for noncompliance; providing an exception; directing Attorney General to negotiate terms of certain memorandum; requiring certain signatures; prohibiting certain actions by government entities; authorizing private right of action under certain circumstances; providing that certain persons shall not be eligible for postsecondary education benefits or resident tuition; establishing the Fraudulent Documents Identification Unit within the Oklahoma State Bureau of Investigation subject to availability of funding; stating purpose; stating duties; providing for employment of sufficient employees; repealing Section 1, Chapter 210, O.S.L. 2003 (70 O.S. Supp. 2006, Section 3242), which relates to eligibility for enrollment and resident tuition; providing for codification; providing for noncodification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows: This act shall be known and may be cited as the “Oklahoma Taxpayer and Citizen Protection Act of 2007”.

SECTION 2. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows: The State of Oklahoma finds that illegal immigration is causing economic hardship and lawlessness in this state and that illegal immigration is encouraged by public agencies within this state that provide public benefits without verifying immigration status. The State of Oklahoma further finds that illegal immigrants have been harbored and sheltered in this state and encouraged to reside in this state through the issuance of identification cards that are issued without verifying immigration status, and that these practices impede and obstruct the enforcement of federal immigration law, undermine the security of our borders, and impermissibly restrict the privileges and immunities of the citizens of Oklahoma. Therefore, the people of the State of Oklahoma declare that it is a compelling public interest of this state to discourage illegal immigration by requiring all agencies within this state to fully cooperate with federal immigration authorities in the enforcement of federal immigration laws. The State of Oklahoma also finds that other measures are necessary to ensure the integrity of various governmental programs and services.

SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 446 of Title 21, unless there is created a duplication in numbering, reads as follows: A. It shall be unlawful for any person to transport, move, or attempt to transport in the State of Oklahoma any alien knowing or in reckless disregard of the fact that the alien has come to, entered, or remained in the United States in violation of law, in furtherance of the illegal presence of the alien in the United States. B. It shall be unlawful for any person to conceal, harbor, or shelter from detection any alien in any place within the State of Oklahoma, including any building or means of transportation, knowing or in reckless disregard of the fact that the alien has come to, entered, or remained in the United States in violation of law. C. Any person violating the provisions of subsections A or B of this section shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not less than one (1) year, or by a fine of not less than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.

SECTION 4. AMENDATORY 21 O.S. 2001, Section 1550.42, is amended to read as follows: Section 1550.42 A. The following entities may create, publish or otherwise manufacture an identification document, identification card, or identification certificate and may possess an engraved plate or other such devise for the printing of such identification; provided, the name of the issuing entity shall be clearly printed upon the face of the identification: 1. Businesses, companies, corporations, service organizations and federal, state and local governmental agencies for employee identification which is designed to identify the bearer as an employee; 2. Businesses, companies, corporations and service organizations for customer identification which is designed to identify the bearer as a customer or member; 3. Federal, state and local government agencies for purposes authorized or required by law or any legitimate purpose consistent with the duties of such an agency, including but not limited to, voter identification cards, driver's driver licenses, nondriver's nondriver identification cards, passports, birth certificates and social security cards; 4. Any public school or state or private educational institution, as defined by Sections 1 106, 21 101 or 3102 of Title 70 of the Oklahoma Statutes, to identify the bearer as an administrator, faculty member, student or employee; 5. Any professional organization or labor union to identify the bearer as a member of the professional organization or labor union; and 6. Businesses, companies or corporations which manufacture medical alert identification for the wearer thereof. B. All identification documents as provided for in paragraph 3 or 4 of subsection A of this section shall be issued only to United States citizens, nationals and legal permanent resident aliens. C. The provisions of subsection B of this section shall not apply when an applicant presents, in person, valid documentary evidence of: 1. A valid, unexpired immigrant or nonimmigrant visa status for admission into the United States; 2. A pending or approved application for asylum in the United States; 3. Admission into the United States in refugee status; 4. A pending or approved application for temporary protected status in the United States; 5. Approved deferred action status; or 6. A pending application for adjustment of status to legal permanent residence status or conditional resident status. Upon approval, the applicant may be issued an identification document provided for in paragraph 3 or 4 of subsection A of this section. Such identification document shall be valid only during the period of time of the authorized stay of the applicant in the United States or if there is no definite end to the period of authorized stay, a period of one (1) year. Any identification document issued pursuant to the provisions of this subsection shall clearly indicate that it is temporary and shall state the date that the identification document expires. Such identification document may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the identification document has been extended by the United States Immigration and Naturalization Service or the Bureau of Citizenship and Immigration Services of the United States Department of Homeland Security. D. Any driver license for which an application has been made for renewal, duplication or reissuance shall be presumed to have been issued in accordance with the provisions of subsection C of this section, provided that, at the time the application is made, the driver license has not expired, or been cancelled, suspended or revoked. The requirements of subsection C of this section shall apply, however, to a renewal, duplication or reissuance if the Department of Public Safety is notified by a local, state or federal government agency of information in the possession of the agency indicating a reasonable suspicion that the individual seeking such renewal, duplication or reissuance is present in the United States in violation of law.

SECTION 5. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 171.2 of Title 22, unless there is created a duplication in numbering, reads as follows: A. When a person charged with a felony or with driving under the influence pursuant to Section 11-902 of Title 47 of the Oklahoma Statutes is confined, for any period, in the jail of the county, any municipality or a jail operated by a regional jail authority, a reasonable effort shall be made to determine the citizenship status of the person so confined. B. If the prisoner is a foreign national, the keeper of the jail or other officer shall make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States and if lawfully admitted, that such lawful status has not expired. If verification of lawful status can not be made from documents in the possession of the prisoner, verification shall be made within forty-eight (4 hours through a query 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 United States Department of Homeland Security. If the lawful immigration status of the prisoner cannot be verified, the keeper of the jail or other officer shall notify the United States Department of Homeland Security. C. For the purpose of determining the grant of or issuance of bond, it shall be a rebuttable presumption that a person whose citizenship status has been verified pursuant to subsection B of this section to be a foreign national who has not been lawfully admitted to the United States, is at risk of flight.

SECTION 6. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1312 of Title 25, unless there is created a duplication in numbering, reads as follows: As used in Sections 6 and 7 of this act, the term: 1. “Status Verification System” shall mean an electronic system operated by the federal government, through which an authorized official of an agency of the State of Oklahoma or of a political subdivision therein may make an inquiry, by exercise of authority delegated pursuant to Section 1373 of Title 8 of the United States Code, to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by Section 7 of this act. The Status Verification System shall be deemed to include the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, P.L. 104-208, Division C, Section 403(a); 8 U.S.C. 1324a, and operated by the United States Department of Homeland Security, known as the Basic Pilot Program, or any equivalent federal work authorization program designated by the United States Department of Homeland Security or any other federal agency authorized to verify the work authorization status of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603; 2. “Public employer” means every department, agency, or instrumentality of the state or a political subdivision of the state; 3. “Subcontractor” includes a subcontractor, contract employee, staffing agency, or any contractor regardless of its tier; and 4. “Unauthorized alien” means an alien as defined in Section 1324a(h)(3) of Title 8 of the United States Code.

SECTION 7. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1313 of Title 25, unless there is created a duplication in numbering, reads as follows: A. Every public employer shall register and participate in the Status Verification System to verify the work authorization status of all new employees. B. 1. No public employer shall enter into a contract for the physical performance of services within this state unless the contractor registers and participates in the Status Verification System to verify the work authorization status of all new employees. 2. No contractor or subcontractor who enters a contract with a public employer shall enter into such a contract or subcontract in connection with the physical performance of services within this state unless the contractor or subcontractor registers and participates in the Status Verification System to verify information of all new employees. 3. The discharge of any United States citizen or permanent resident alien employee by an employer of this state, who, on the date of the discharge employed an unauthorized alien in this state, shall be considered an unfair employment practice. The discharged employee shall have a private cause of action against the employing entity for the unfair employment practice. The employing entity found to have violated this paragraph shall be liable to the aggrieved employee for: a. actual loss of compensation and benefits sustained by the employee, plus liquidated damages in the amount of two percent (2%) for each day after the date of discharge or in an amount equal to the actual loss of compensation and benefits, whichever is smaller, from the date of the discharge until either the date the employee has been offered reemployment in writing at an equivalent or higher compensation level, or the date the employee has commenced any new employment at an equivalent rate of compensation, whichever occurs first, up to a maximum period of one hundred eighty (180) days from the date of discharge, plus reasonable interest from the date of discharge until the date of payment of the liability, and b. reasonable attorney fees and costs. 4. An employing entity which, on the date of the discharge in question, was currently enrolled in and used the Basic Pilot Program or other electronic status verification system, as referred to in Section 6 of this act, to verify the employment authorization of its employees in Oklahoma shall be exempt from liability for suit under this section. C. The provisions of this section shall be enforced without regard to race or national origin. D. The Department of Labor shall prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate the provisions of this section and publish such rules and regulations on the Department of Labor web site.

SECTION 8. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 71 of Title 56, unless there is created a duplication in numbering, reads as follows: A. Except as provided in subsection C of this section or where exempted by federal law, every agency or a political subdivision of this state shall verify the lawful presence in the United States of any natural person fourteen (14) years of age or older who has applied for state or local public benefits, as defined in 8 U.S.C. Section 1621, or for federal public benefits, as defined in 8 U.S.C. Section 1611, that is administered by an agency or a political subdivision of this state. B. The provisions of this section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. C. Verification of lawful presence under the provisions of this section shall not be required: 1. For any purpose for which lawful presence in the United States is not restricted by law, ordinance, or regulation; 2. For assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the alien involved and are not related to an organ transplant procedure; 3. For short-term, noncash, in-kind emergency disaster relief; 4. For public health assistance for immunizations with respect to diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; or 5. For programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the sole and unreviewable discretion of the United States Attorney General after consultation with appropriate federal agencies and departments, which: a. deliver in-kind services at the community level, including through public or private nonprofit agencies, b. do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the income or resources of the individual recipient, and c. are necessary for the protection of life or safety. D. Verification of lawful presence in the United States by the agency or political subdivision required to make such verification shall require that the applicant execute an affidavit under penalty of perjury that: 1. He or she is a United States citizen; or 2. He or she is a qualified alien under the federal Immigration and Nationality Act, and is lawfully present in the United States. The agency or political subdivision providing the state or local public benefits shall provide notary public services at no cost to the applicant. E. For any applicant who has executed the affidavit described in paragraph 2 of subsection D of this section, eligibility for benefits shall be made through the Systematic Alien Verification of Entitlement program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security. Until such eligibility verification is made, the affidavit may be presumed to be proof of lawful presence for the purposes of this section. F. Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in an affidavit executed pursuant to subsection D of this section shall be subject to criminal penalties applicable in this state for fraudulently obtaining public assistance program benefits. If the affidavit constitutes a false claim of U.S. citizenship under 18 U.S.C. Section 911 a complaint shall be filed by the agency requiring the affidavit with the United States Attorney for the applicable district based upon the venue in which the affidavit was executed. G. Agencies or political subdivisions of this state may adopt variations to the requirements of the provisions of this section which demonstrably improve the efficiency or reduce delay in the verification process, or to provide for adjudication of unique individual circumstances where the verification procedures in this section would impose unusual hardship on a legal resident of Oklahoma. H. It shall be unlawful for any agency or a political subdivision of this state to provide any state, local, or federal benefit, as defined in 8 U.S.C. Section 1621 or 8 U.S.C. Section 1611, in violation of the provisions of this section. I. Each state agency or department which administers any program of state or local public benefits shall provide an annual report to the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives with respect to its compliance with the provisions of this section. Each agency or department shall monitor the Systematic Alien Verification of Entitlement program for verification application errors and significant delays and shall provide an annual public report on such errors and significant delays, and recommendations to ensure that the application of the Systematic Alien Verification of Entitlement program is not erroneously denying benefits to legal residents of Oklahoma. Errors shall also be reported to the United States Department of Homeland Security by each agency or department.

SECTION 9. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2385.32 of Title 68, unless there is created a duplication in numbering, reads as follows: A. The employer shall be required to withhold state income tax at the rate of six percent (6%) of the amount of either wages which are subject to withholding tax pursuant to the Internal Revenue Code of 1986, as amended or the amount of compensation paid to an individual which compensation is required to be reported on Form 1099 and in both cases with respect to which the individual has failed to provide a valid Social Security Number, issued by the U.S. Social Security Administration. B. Any employer who fails to comply with the withholding requirements of this subsection shall be liable for the taxes required to have been withheld unless such employer is exempt from federal withholding with respect to such individual pursuant to a properly filed Internal Revenue Service Form 8233 or its equivalent, and has provided a copy of such form to the Oklahoma Tax Commission.

SECTION 10. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 20J of Title 74, unless there is created a duplication in numbering, reads as follows: A. The Attorney General is authorized and directed to negotiate the terms of a Memorandum of Understanding between the State of Oklahoma and the United States Department of Justice or the United States Department of Homeland Security, as provided by Section 1357(g) of Title 8 of the United States Code, concerning the enforcement of federal immigration and custom laws, detention and removals, and investigations in the State of Oklahoma. B. The Memorandum of Understanding negotiated pursuant to subsection A of this section shall be signed on behalf of this state by the Attorney General and the Governor or as otherwise required by the appropriate federal agency. C. No local government, whether acting through its governing body or by an initiative, referendum, or any other process, shall enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from communicating or cooperating with federal officials with regard to the immigration status of any person within this state. D. Notwithstanding any other provision of law, no government entity or official within the State of Oklahoma, may prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the United States Department of Homeland Security, information regarding the citizenship or immigration status, lawful or unlawful, of any individual. E. Notwithstanding any other provision of law, no person or agency may prohibit, or in any way restrict, a public employee from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual: 1. Sending such information to, or requesting or receiving such information from, the U.S. Department of Homeland Security; 2. Maintaining such information; or 3. Exchanging such information with any other federal, state, or local government entity. F. The provisions of this section shall allow for a private right of action by any natural or legal person lawfully domiciled in this state to file for a writ of mandamus to compel any noncooperating local state governmental agency to comply with such reporting laws.

SECTION 11. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 3242.2 of Title 70, unless there is created a duplication in numbering, reads as follows: An individual who is not lawfully present in the United States shall not be eligible on the basis of residence within the state for: 1. Any postsecondary education benefit including, but not limited to, scholarships or financial aid; or 2. Resident tuition.

SECTION 12. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 151.2 of Title 74, unless there is created a duplication in numbering, reads as follows: Subject to the availability of funding, the Oklahoma State Bureau of Investigation shall establish the Fraudulent Documents Identification (FDI) Unit for the primary purpose of investigating and apprehending persons or entities that participate in the sale or distribution of fraudulent documents used for identification purposes. The unit shall additionally specialize in fraudulent identification documents created and prepared for persons who are unlawfully residing within the State of Oklahoma. The Bureau shall employ sufficient employees to investigate and implement the FDI Unit.

SECTION 13. REPEALER Section 1, Chapter 210, O.S.L. 2003 (70 O.S. Supp. 2006, Section 3242), is hereby repealed.

SECTION 14. This act shall become effective November 1, 2007.

http://www.kotv.com/news/local/story/?id=126375