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  1. #1
    Senior Member Dixie's Avatar
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    Kentucky (2009)

    Kentucky 2009

    Mission: Encourage House to pass HB 440 that is a bill which will increase enforcement in several ways and HB 441 is currently in the House Judiciary Committee and it is "modeled after a bill that passed in Arizona and penalizes businesses that employ illegal immigrants" and requires the use of E-Verify.

    Task: Call and E-mail all members of the House

    Message Example (craft your own)

    Subject line: HB 440 Illegal Immigration Enforcement Legislation

    To the Honorable Representative____________,

    I'm writing / calling to ask Representative ____ to please support HB440. We need the State of Kentucky to enforce immigration laws they refuse to enforce in DC. Please approve the bill, which will hinder identity theft, require the use of E-verify for employment, increase Homeland Security abilities, prevent sanctuary cities and allow local law enforcement agencies to uphold federal immigration laws, with will protect the citizens from the negative impacts of illegal immigration and all of the associated criminal activity.

    Subject line: HB 441 Enployment of illegal immigrants

    To the Honorable Representative____________,

    I'm writing / calling to ask Representative ____ to please support HB441. We need the State of Kentucky to enforce immigration laws they refuse to enforce in DC. Please approve the bill, which is similar to the Arizona Law that will "penalizes businesses that employ illegal immigrants", and requires the use of the federal e-Verify program Kentucky must take action with companies that unscrupulously hire illegal aliens, if we are to keep jobs for Americans and protect them from the negative impacts of illegal immigration and all of the associated criminal activity.


    State Website:
    http://www.kentucky.gov/

    Governor - Steve Beshear
    700 Capitol Avenue, Suite 100
    Frankfort, Kentucky 40601
    Phone/Fax
    Main Line: (502) 564-2611
    Fax: (502) 564-2517

    Contact Webmail Form: http://www.governor.ky.gov/contact/contact.htm

    Leave message for legislator 1-800-372-7181 (7:00 A.M.- 11:00P.M.)
    Speak directly to a legislator (LRC Switchboard) 1-502-564-8100

    State Senate:
    http://www.lrc.ky.gov/senate/senmembers.htm

    House of Representatives:
    http://www.lrc.ky.gov/house/hsemembers.htm

    List of Bills in Process:
    http://migration.kentucky.gov/services/billwatch/

    Legislative Session
    Jan 8 - Apr 15, 2008
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  2. #2
    Senior Member Dixie's Avatar
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    List of bills

    HB 440/LM/CI (BR 961) - R. Nelson, R. Damron
    AN ACT relating to homeland security.

    Repeal, reenact, and amend KRS 514.160 relating to identity theft to increase the number of pieces of identifying information and add to elements of offense; create a new section of KRS Chapter 441 to require pretrial release officers to obtain citizenship information and report information to the Office of Homeland Security and the Justice and Public Safety Cabinet; create a new section of KRS 39G to expand duties of Kentucky Office of Homeland Security with regard to immigration, customs, and other homeland security matters; create a new section of KRS 15.380 to 15.404 to permit local law enforcement agencies to enter into agreements with the federal government for enforcement of immigration and customs laws; create new sections of KRS Chapter 337 to require employers who do business with the state to utilize federal employment verification programs and prohibit hiring of unauthorized aliens starting on January 1, 2010; require Department of Revenue to give notification to employers on or before October 1, 2009; create a new section of KRS Chapter 39 to promulgate administrative regulations to permit early parole of nonviolent alien prisoners convicted of Class D and Class C felonies who are accepted into the federal alien rapid repatriation program; create a new section of KRS Chapter 65 to require all local governments and local agencies to comply with federal immigration law and to share citizenship and immigration information as required by law and prohibit local ordinances and other actions that violate the law; amend KRS 514.070 to conform; prohibit a court from granting pretrial release to a prisoner with a detainer lodged against the prisoner, whose name has been reported to the U.S. Department of Homeland Security for verification of status, or who has failed to give residence and citizenship information to jail officials.


    Feb 12-introduced in House
    Feb 23-to Judiciary (H)

    HB 441

    HB 441/LM (BR 1616) - R. Nelson, R. Damron, D. Horlander
    AN ACT relating to hiring unauthorized aliens.
    Create a new section of KRS Chapter 337 to create definitions relating to bill; create a new section of KRS Chapter 337 relating public agencies to require use of federal employment verification programs and prohibit hiring unauthorized aliens; create a new section of KRS Chapter 337 to require all contractors and subcontractors with public agencies to use federal employment verification programs and not hire unauthorized aliens and provide sworn affidavits of compliance; create a new section of KRS Chapter 337 to provide for civil enforcement and canceling of contracts by county attorneys and Attorney General, permit courts to enjoin violations, require suspension from further public agency contracts for 5 years if employer is found to have hired unauthorized aliens.

    HB 441 - AMENDMENTS
    HCA (1, R. Nelson) - Make technical corrections.

    Feb 12-introduced in House
    Feb 23-to Labor & Industry (H)
    Feb 24-posted in committee
    Feb 26-reported favorably, 1st reading, to Calendar with committee amendment (1)
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  3. #3
    blueinky's Avatar
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    Would you also include HB 440

  4. #4
    Senior Member Dixie's Avatar
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    Done.

    Dixie
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    Senior Member Dixie's Avatar
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    Text of Bills

    HB 441
    AN ACT relating to hiring unauthorized aliens.
    Be it enacted by the General Assembly of the Commonwealth of Kentucky:

    SECTION 1. A NEW SECTION OF KRS CHAPTER 337 IS CREATED TO READ AS FOLLOWS:
    For the purposes of Sections 1 to 4 of this Act, unless the context otherwise requires:
    (1) "Bidder" means a person who submits a bid or any response to a public agency with the intent of obtaining a contract with that public agency;
    (2) "Contract" means an agreement for building, construction, reconstruction, renovation, demolition, operation, or maintenance for any activity relating to building, construction, reconstruction, renovation, demolition, operation, or maintenance;
    (3) "Contractor" means any person having or seeking a contract with a public agency;
    (4) "Employee" means any person who performs employment services for an employer pursuant to an employment relationship between the employee and the employer and includes an individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee;
    (5) "Employer" means any individual or type of organization that contracts with the Commonwealth or a public agency and employs one (1) or more individuals who perform employment services under a contract with a public agency and includes all subcontractors to a contractor. "Employer" includes the Commonwealth, any political subdivision of the Commonwealth, and self-employed persons contracting with a public agency;
    (6) "Federal work authorization program" means any electronic work authorization operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the Department of Homeland Security or other federal agency to verify the identity and employment eligibility of employees , pursuant to the Immigration Reform and Control Act of 1986, 8 U.S.C. sec. 1101 et seq.;
    (7) "Intentionally" has the same meaning as in KRS 501.020;
    ( "Knowingly" has the same meaning as in KRS 501.020;
    (9) "Knowingly employ an unauthorized alien" means the actions described in 8 U.S.C sec. 1324a and shall be interpreted consistently with that section and any applicable federal rules and regulations;
    (10) "Public agency" means:
    (a) Every state or local government board, commission, or authority;
    (b) Every state or local legislative board, commission, or committee;
    (c) Every county, urban county, charter county, consolidated local government, unified local government, city, special district board, or municipal corporation or an agency or instrumentality thereof;
    (d) Every school district or independent school district;
    (e) Every public agency of postsecondary education;
    (f) Every state government agency in the legislative, executive and judicial branches of government, including the policy-making board of an institution of education, created by or pursuant to state statute, executive order, resolution, or other legislative act;
    (g) Every local government agency whether in the legislative or executive branch of government, created by or pursuant to statute, executive order, ordinance, resolution, or other legislative act;
    (h) Any entity when the majority of its governing body is appointed by a "public agency" as defined in this subsection, a member or employee of a "public agency," a state or local officer, or any combination thereof;
    (i) Any board, commission, committee, subcommittee, ad hoc committee, advisory committee, council, or agency established, created, and controlled by a "public agency" as defined in this subsection; or
    (j) Any other publicly created entity of government;
    (11) "Subcontractor" means a person furnishing goods or services to a contractor or bidder, regardless of tier; and
    (12) "Unauthorized alien" means an alien who does not have the legal right or authorization under federal law to work in the United States as described in 8 U.S.C. sec. 1324a(h)(3).
    SECTION 2. A NEW SECTION OF KRS CHAPTER 337 IS CREATED TO READ AS FOLLOWS:
    (1) No public agency shall employ an employee unless the public agency has first verified through a federal work authorization program that the employee is not an unauthorized alien.
    (2) No public agency shall intentionally or knowingly employ an unauthorized alien.
    (3) It shall be a defense to any action pursuant to Sections 1 to 4 of this Act that the public agency submitted the employee's name and other required information to a federal work authorization program and was authorized to hire the employee.
    SECTION 3. A NEW SECTION OF KRS CHAPTER 337 IS CREATED TO READ AS FOLLOWS:
    (1) No contract shall be awarded to any public agency until:
    (a) The bidder seeking the contract submits a list of all subcontractors, of whatever tier, who will be working under the contract or independently;
    (b) The bidder submits a sworn affidavit that the bidder has no unauthorized alien employees or independent contractors, and that the bidder is registered and participating in a federal work authorization program to verify the identify and employment eligibility of employees as required by the Immigration Reform and Control Act of 1986, 8. U.S.C. sec. 1101 et seq.; and
    (c) The bidder submits sworn affidavits from each of the bidder's subcontractors, of whatever tier, employed or that will be employed under the provisions of the contract, that the subcontractor has no unauthorized alien employees, and that the subcontractor is registered and participating in a federal work authorization program to verify the identity and employment eligibility of employees as required by the Immigration Reform and Control Act of 1986, 8 U.S.C. sec. 1101 et seq.
    (2) A public agency shall cancel a contract, and pay only the documented actual costs and expenses incurred by the contractor for work performed under the contract up to the date of cancellation, if:
    (a) The contractor fails to maintain the contractor's registration, participation, and compliance with a federal work authorization program throughout the term of the contract; or
    (b) Any subcontractor, of whatever tier, fails to maintain their registration, participation, and compliance with a federal work authorization program throughout the term of the contract.
    (3) Prior to receiving a final payment under the contract, the contractor shall submit to the public agency:
    (a) A sworn affidavit that the contractor has not knowingly hired any unauthorized alien worker during the contract term; and
    (b) Sworn affidavits from each of the subcontractors of whatever tier used in the performance of the contract, that each subcontractor has not knowingly hired unauthorized alien workers during the contract term.
    SECTION 4. A NEW SECTION OF KRS CHAPTER 337 IS CREATED TO READ AS FOLLOWS:
    (1) On receipt of a complaint that an employer, contractor, or subcontractor, allegedly intentionally or wantonly, is employing or has employed during the term of the contract an unauthorized alien worker, the Attorney General or county attorney shall send a copy of the complaint to the United States Department of Homeland Security, Immigration and Customs Enforcement for verification of the complaint and for further action.
    (2) An employer, contractor, or subcontractor who pleads guilty to, is found guilty of, or enters an Alford plea to an offense of intentionally or knowingly hiring an unauthorized alien in Kentucky, in a Kentucky court, in federal court, or in a federal administrative proceeding is guilty of violating Section 2 or Section 3 of this Act and shall be banned from contracting with a public agency as defined in Section 1 of this Act for a period of five (5) years.
    (3) The Attorney General, a county attorney, a Commonwealth's attorney or a private citizen may apply to a Circuit Court of competent jurisdiction for an injunction or appropriate relief to enforce the provisions of Sections 1 to 4 of this Act, and upon a proper showing of evidence of a violation of Sections 1 to 4 of this Act the circuit courts shall enforce any ban provided for in this section for the period specified in this section.
    (4) The Attorney General shall maintain copies of the federal and state court orders relating to violations that are received pursuant to this section and shall make a data base of the employers, contractors, and subcontractors subject to banning from public contracts and the period of the bans available to the public on the Attorney General's Web site.
    (5) It shall be a defense to any action pursuant to Sections 1 to 4 of this Act that the employer, contractor, or subcontractor in good faith provided information on an employee or prospective employee to a federal work authorization program and received authorization to hire the employee.
    (6) Any public agency seeking an employee shall provide a notice to any prospective employee of the provisions of Sections 1 to 4 of this Act.
    (7) Any public agency soliciting or advertising bids for services or products covered by Sections 1 to 4 of this Act shall make the provisions of Sections 1 to 4 of this Act a part of the solicitation or advertising for the bids.
    ( The Department of Labor shall have concurrent jurisdiction to investigate and report to the proper authorities allegations of violations of Sections 1 to 4 of this Act.

    HB 440
    AN ACT relating to homeland security.
    Be it enacted by the General Assembly of the Commonwealth of Kentucky:

    Section 1. KRS 514.160 is repealed, reenacted, and amended to read as follows:
    (1) "Identifying information," as used in this section, includes but is not limited to a person's current or former:
    (a) Name;
    (b) Address;
    (c) Date of birth;
    (d) Social Security number;
    (e) Personal identification number or code;
    (f) Driver's license number or coded information thereon;
    (g) State-issued identification card number or coded information thereon;
    (h) State or federally issued license number or coded information thereon;
    (i) Telephone number;
    (j) Electronic mail address;
    (k) Fingerprint;
    (l) Unique biometric data;
    (m) Photograph;
    (n) Spouse or family;
    (o) Parent or other ancestor;
    (p) Child, stepchild, or ward; or
    (q) Any other information which could be used to identify the person.
    (2) A person is guilty of theft of the identity of another when, without that person's permission, he or she knowingly takes, purchases, manufactures, records, possesses, or uses any current or former identifying information of another person or entity, real or fictitious , with the intent to represent that he or she is the other person for the purpose of:
    (a) Depriving the other person of property;
    (b) Depriving the other person of money;
    (c) Obtaining benefits or property to which he or she would otherwise not be entitled;
    (d) Obtaining employment;
    (e) Making financial or other credit transactions using the other person's identity;
    (f) Hiding one's true identity or avoiding detection;
    (g) Realizing a commercial or political benefit;
    (h) Causing another person or entity to suffer economic loss whether or not the person or entity actually suffers any economic loss;
    (i) Defrauding another person or entity;
    (j) Engaging in a violation of the law; or
    (k) Attempting to engage in, soliciting the violation of, or conspiring to engage in any act specified in this subsection.
    (3) This section shall not apply:
    (a) When a person obtains the identity of another to misrepresent his or her age for the purpose of obtaining alcoholic beverages, tobacco, or other privilege denied to a minor; or
    (b) To credit or debit card fraud under KRS 434.550 to 434.730.
    (4) Theft of identity of another is a Class D felony.
    (5) If the person violating this section is a business that has violated this section on more than one (1) prior occasion, then that person also violates the Consumer Protection Act, KRS 367.110 to 367.300.
    (6) If the person violating this section did so with a forged document, that person may be charged with and convicted of the applicable forgery offense as well as a violation of this section.
    (7) A person found guilty of, pleading guilty to, or entering an Alford plea to violating this section shall forfeit any lawful claim to the identifying information, property, employment, contract, or other realized benefit obtained as a result of the violation.
    ( Venue for prosecution of an offense under this section may be either in the county where the offense was committed or in the county in which the person or entity whose identity was stolen resides[A person is guilty of the theft of the identity of another when he or she knowingly possesses or uses any current or former identifying information of the other person or family member or ancestor of the other person, such as that person's or family member's or ancestor's name, address, telephone number, electronic mail address, Social Security number, driver's license number, birth date, personal identification number or code, and any other information which could be used to identify the person, including unique biometric data, with the intent to represent that he or she is the other person for the purpose of:
    (a) Depriving the other person of property;
    (b) Obtaining benefits or property to which he or she would otherwise not be entitled;
    (c) Making financial or credit transactions using the other person's identity;
    (d) Avoiding detection; or
    (e) Commercial or political benefit.
    (2) Theft of identity is a Class D felony. If the person violating this section is a business that has violated this section on more than one (1) occasion, then that person also violates the Consumer Protection Act, KRS 367.110 to 367.300.
    (3) This section shall not apply when a person obtains the identity of another to misrepresent his or her age for the purpose of obtaining alcoholic beverages, tobacco, or another privilege denied to minors.
    (4) This section does not apply to credit or debit card fraud under KRS 434.550 to 434.730.
    (5) Where the offense consists of theft by obtaining or trafficking in the personal identity of another person, the venue of the prosecution may be in either the county where the offense was committed or the county where the other person resides.
    (6) A person found guilty of violating any provisions of this section shall forfeit any lawful claim to the identifying information, property, or other realized benefit of the other person as a result of such violation].
    SECTION 2. A NEW SECTION OF KRS CHAPTER 441 IS CREATED TO READ AS FOLLOWS:
    (1) During the jail admission process, the jail's admissions officer, when interviewing a prisoner for the purposes of pretrial release, shall ascertain where the prisoner was born and the other information required by this section.
    (2) If the prisoner indicates a place of birth other than the United States or does not indicate a place of birth, there is conflicting information as to the place of birth, the prisoner cannot show documentation of United States citizenship, or the jail's admissions officer is uncertain as to the prisoner's place of birth or citizenship, the jail's admissions officer shall attempt to determine:
    (a) The prisoner's true name and any aliases used by the prisoner;
    (b) The citizenship claimed by the prisoner;
    (c) If the prisoner cannot prove United States citizenship, the prisoner's immigration status;
    (d) All information available about the prisoner which may help in identifying the prisoner and the prisoner's place of birth and citizenship status; and
    (e) Such other information as required by the Justice and Public Safety Cabinet by administrative regulation.
    (3) The jail's admissions officer shall transmit the information obtained to the:
    (a) Kentucky Office of Homeland Security for transmission to the United States Department of Homeland Security and to the Justice and Public Safety Cabinet; and
    (b) Pretrial release officer for transmission to the judge who may grant pretrial release to the prisoner.
    SECTION 3. A NEW SECTION OF KRS CHAPTER 39G IS CREATED TO READ AS FOLLOWS:
    In addition to other duties specified by law, the Kentucky Office of Homeland Security shall:
    (1) Serve as the primary liaison between state government, local governments, special districts, educational institutions, and other public agencies and the United States Department of Homeland Security, the Social Security Administration, the United States Department of Justice, and other federal agencies on matters relating to:
    (a) Homeland security;
    (b) Immigration;
    (c) Social Security as related to employment of aliens;
    (d) Planning and preparation for homeland security events;
    (e) Response to homeland security events;
    (f) Recovery from homeland security events;
    (g) Prevention of homeland security events;
    (h) Mitigation of the effects of homeland security events; and
    (i) Any situation contemplated by KRS Chapter 39A or this chapter, including but not limited to the impending or threatened happening of a situation covered by those chapters;
    (2) Provide information to and coordinate requests for federal funding for state government, local government, special districts, educational institutions, and other public agencies desiring to obtain federal funds or other funds, public or private, for homeland security, immigration, identity theft, and related law enforcement and correctional institution training, equipment, and operations;
    (3) Serve as the sole agency for evaluation and approval of any request of a state agency, state-funded educational institution, or state-created governmental corporation to enter into a memorandum of understanding or other agreement with the United States Department of Homeland Security, the United States Department of Justice, or any other agency of the federal government to enforce federal immigration, customs, or homeland security laws as a peace officer or otherwise; and
    (4) Coordinate implementation and enforcement of this section and Sections 1, 2, and 4 of this Act and encourage government and public compliance with this section and Sections 1, 2, and 4 of this Act.
    SECTION 4. A NEW SECTION OF KRS CHAPTER 15.380 TO 15.404 IS CREATED TO READ AS FOLLOWS:
    (1) A unit of local government or other local agency required or permitted by KRS 15.380 to 15.404 to have certified peace officers may negotiate the terms of a memorandum of understanding or other agreement between that unit or agency and the United States Department of Justice or the United States Department of Homeland Security, or their successor agencies, concerning the enforcement of federal immigration and customs laws, detention and removal laws, and investigations in the Commonwealth of Kentucky.
    (2) A unit or department of state government, airport, public institution of postsecondary education, or other state agency required or permitted by KRS 15.380 to 15.404 to have certified peace officers may, with the written approval of the Kentucky Office of Homeland Security, negotiate the terms of a memorandum of understanding or other agreement between that unit, department, airport, public institution of postsecondary education, or other state agency and the United States Department of Justice or the United States Department of Homeland Security, or their successor agencies, concerning the enforcement of federal immigration and customs laws, detention and removal laws, and investigations in the Commonwealth of Kentucky.
    (3) The unit of government or other entity specified in subsection (1) or (2) of this section may designate appropriate certified peace officers to be trained pursuant to the memorandum of understanding or other agreement provided for in subsection (1) or (2) of this section. This training may be funded pursuant to the federal Homeland Security Appropriation Act of 2006, Pub. L. No. 109-90, or any other source of federal, state, local, or private funding.
    (4) The Kentucky Office of Homeland Security shall assist any unit of government or other entity specified in subsection (1) or (2) of this section desiring funding for training or operational costs of peace officers pursuant to this section.
    (5) A certified peace officer who is certified as trained in accordance with the memorandum of understanding or other agreement as provided in this section shall be authorized to enforce federal immigration and customs laws within the scope of the officer's authorized duties.
    (6) The requirements and obligations of this section shall be implemented in a manner fully consistent with federal law regulating immigration and protecting the civil rights of citizens, including compliance with the case of United States v. Di Re, 33 U.S. 581 (194, unless that case is reversed or modified, other applicable federal case law decisions, and 8 U.S.C. sec. 1644.
    SECTION 5. A NEW SECTION OF KRS CHAPTER 337 IS CREATED TO READ AS FOLLOWS:
    As used in Sections 5 to 7 of this Act, unless the context otherwise requires:
    (1) "Agency" means any agency specified in paragraphs (a) to (h) of this subsection:
    (a) The Commonwealth or an agency or instrumentality of the Commonwealth;
    (b) A local school district or independent school district;
    (c) A public agency of postsecondary education;
    (d) A public corporation created by the General Assembly;
    (e) A city, county, charter county, urban-county government, consolidated local government, unified local government, or an agency or instrumentality thereof;
    (f) A public corporation created by an entity specified in this subsection;
    (g) A special district; or
    (h) Any other publicly created entity of government;
    (2) "Employee" means any person who performs employment services for an employer pursuant to an employment relationship between the employee and the employer and includes an individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee;
    (3) "Employer" means any individual or type of organization that transacts business in this Commonwealth and employs one (1) or more individuals who perform employment services in this state. "Employer" includes this Commonwealth, any political subdivision of this Commonwealth, and self-employed persons;
    (4) "Intentionally" has the same meaning as in KRS 501.020;
    (5) "Knowingly employ an unauthorized alien" means the actions described in 8 U.S.C. sec. 1324a and shall be interpreted consistently with that section and any applicable federal rules and regulations; and
    (6) "Unauthorized alien" means an alien who does not have the legal right or authorization under federal law to work in the United States as described in 8 U.S.C. sec. 1324a(h)(3).
    SECTION 6. A NEW SECTION OF KRS CHAPTER 337 IS CREATED TO READ AS FOLLOWS:
    (1) On or after January 1, 2010, an employer shall not intentionally employ an unauthorized alien in Kentucky or knowingly employ an unauthorized alien in Kentucky.
    (2) On receipt of a complaint that an employer allegedly intentionally employs an unauthorized alien in Kentucky or knowingly employs an unauthorized alien in Kentucky, the Attorney General or county attorney shall send a copy of the complaint to the United States Department of Homeland Security, Immigration and Customs Enforcement, for further action.
    (3) An employer who pleads guilty to, is found guilty of, or enters an Alford plea to an offense relating to intentionally hiring an unauthorized alien in Kentucky or knowingly hiring an unauthorized alien in Kentucky, in Federal court or in a Federal administrative proceeding, is guilty of violating this section and shall:
    (a) For a first offense, be banned from contracting with an agency, as defined in Section 5 of this Act, in the Commonwealth of Kentucky for a period of one (1) year;
    (b) For a second offense, be banned from contracting with an agency, as defined in Section 5 of this Act, in the Commonwealth of Kentucky for a period of two (2) years; and
    (c) For a third or subsequent offense, be banned from contracting with an agency as defined in Section 5 of this Act, in the Commonwealth of Kentucky for a period of five (5) years.
    (4) The Attorney General, a county attorney, a Commonwealth's attorney or a citizen may apply to a Circuit Court of competent jurisdiction for appropriate relief to enforce this section and, upon a proper showing of evidence of a violation of this section, the Circuit Court shall enforce the ban provided for in this section for the period specified in this section.
    (5) The Attorney General shall maintain copies of the Federal and State court orders relating to violations that are received pursuant to subsection (3) of this section and shall make a database of the employers subject to banning from public contracts and the period of the bans available on the Attorney General's Web site.
    (6) A person who knowingly files a false and frivolous complaint as described in subsection (2) of this section is guilty of a Class B misdemeanor.
    (7) Any officer or employee of an agency, as defined in Section 5 of this Act, who violates, directs the violation of, or approves of the violation of Sections 5 to 7 of this Act shall be guilty of official misconduct.
    ( It shall be a defense to any action pursuant to Sections 5 to 7 of this Act that the employer, contractor, or subcontractor in good faith provided information on an employee or prospective employee to a federal work authorization program and received authorization to hire the employee.
    SECTION 7. A NEW SECTION OF KRS CHAPTER 337 IS CREATED TO READ AS FOLLOWS:
    On or before October 1, 2009, the Department of Revenue shall provide the notice required by this section to every employer that is then withholding and remitting tax on employee wages pursuant to KRS 141.310. The notice shall explain the requirements of Sections 5 to 7 of this Act and shall specifically include the following information:
    (1) Section 6 of this Act prohibits employers from intentionally employing an unauthorized alien or knowingly employing an unauthorized alien;
    (2) The penalties for violation of Section 6 of this Act; and
    (3) The address of the Attorney General's Web site, which contains a list of employers banned from doing business with public agencies.
    SECTION 8. A NEW SECTION OF KRS CHAPTER 439 IS CREATED TO READ AS FOLLOWS:
    (1) The board shall, pursuant to this section and KRS 439.340, promulgate administrative regulations for the early parole of aliens who:
    (a) Have been convicted of nonviolent Class C or D felonies;
    (b) Agree to participate in the United States Department of Homeland Security's rapid repatriation program; and
    (c) Have been accepted by the United States Department of Homeland Security for the rapid repatriation program.
    (2) The board shall promulgate administrative regulations in accordance with KRS Chapter 13A to specify:
    (a) The Class C or D felonies that are nonviolent;
    (b) Eligibility of an alien for early parole under the program;
    (c) Requirements for an alien to request parole and be granted parole under the program; and
    (d) Other matters deemed necessary for the operation of the program that are consistent with federal law, and regulations and United States Department of Homeland Security policy.
    (3) The board may grant an early parole or regular parole to any eligible alien who is accepted by the United State Department of Homeland Security's rapid repatriation program or similar successor program.
    (4) No alien who has a detainer for another criminal offense in Kentucky shall be eligible for parole pursuant to this section.
    SECTION 9. A NEW SECTION OF KRS CHAPTER 65 IS CREATED TO READ AS FOLLOWS:
    (1) All officials, agencies, and personnel of cities, counties, charter counties, urban-county governments, consolidated local governments, unified local governments, special districts, agencies and instrumentalities of a local government or special district, state agency departments, boards, commissions, institutions of postsecondary education, and agencies and instrumentalities of state government shall support, to the extent permitted by law, the enforcement of federal immigration and customs laws of the United States.
    (2) Except as provided in federal law, no person, agency, or organization specified in subsection (1) of this section shall be prohibited or in any way restricted from sending, receiving, or maintaining information relating to the immigration status, lawful or unlawful, of any individual or exchanging that information with any other federal, state, or local governmental agency for the following official purposes:
    (a) Determination of a person's eligibility for any federal, state, or local public benefit, public service, or license that is restricted, in whole or in part, on the basis of immigration status;
    (b) Verification of any claim of legal domicile, if legal domicile is required to be verified by law, administrative regulation, or contract; and
    (c) Confirmation of the identity, citizenship, and immigration status of any person who is held in legal custody at a detention facility or who has been arrested or indicted.
    (3) A unit of government or person specified in subsection (1) of this section shall not direct its employees or agents to disregard or not comply with this section and shall not enact any ordinance, regulation, rule, or policy in violation of this section or the spirit thereof. Any ordinance, regulation, rule, or policy in violation of this section or the spirit thereof shall be null, void, and unenforceable.
    (4) The Justice and Public Safety Cabinet shall share information on alien or suspected alien prisoners detained in jails, state-operated or contracted prisons or correctional facilities in Kentucky, or who are on probation, parole, home incarceration, or conditional release with the United States Department of Homeland Security.
    Section 10. KRS 514.170 is amended to read as follows:
    (1) A person is guilty of trafficking in stolen identities when he or she manufactures, sells, transfers, or purchases, or possesses with the intent to manufacture, sell, transfer, or purchase the personal identity of another person or persons for any purpose listed in KRS 514.160(2)[(1)]. The personal identity of an individual includes any of the identifying information described in KRS 514.160(1).
    (2) Possession of five (5) or more separate identities shall be prima facie evidence that the identities are possessed for the purpose of trafficking.
    (3) Trafficking in stolen identities is a Class C felony. If the person violating this section is a business that has violated this section on more than one (1) occasion, then that person also violates the Consumer Protection Act, KRS 367.110 to 367.300.
    SECTION 11. A NEW SECTION OF KRS CHAPTER 431.510 TO 431.550 IS CREATED TO READ AS FOLLOWS:
    A judge shall not grant pretrial release to a prisoner:
    (1) Who has a detainer lodged against the prisoner by a federal agency, federal court, state court in Kentucky, or state court in another state;
    (2) Whose name has been reported to the United States Department of Homeland Security for verification of status until the verification has been received by the court; or
    (3) Who has failed or refused to give required information regarding residence or citizenship to jail officials, a pretrial release officer, or to the court, until the residence, citizenship, and citizenship status has been verified.
    Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)

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