Read over these and let me know what you think. I know one of them (HB45 said something to the effect that if someone could not prove residency at the time of application they could get temorary benefits. I DO NOT AGREE! If they cannot prove they are LEGAL when they apply, chances are pretty damn good they are illegal!



HB368
By Representatives Hinshaw, Hurst, Grantland, Fite, Schmitz, Letson, Hall (A), Vance, Garner, Beason, Wood, Ward, Ball, Galliher, Hill, Morton, Hubbard, McClurkin, McClendon and Carns
RFD Constitution and Elections
Rd 1 17-JAN-06


SYNOPSIS: Under existing law, immigrants are permitted to obtain certain government services.
This bill proposes an amendment to the Constitution of Alabama of 1901, to restrict nonemergency government services to persons who are lawfully present in the United States and provide for exemptions.
This bill would also specify the name of the amendment.
A BILL
TO BE ENTITLED
AN ACT
To propose an amendment to the Constitution of Alabama of 1901, to restrict nonemergency government services to persons who are lawfully present in the United States except under certain circumstances, and to specify the name of the amendment.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended:

PROPOSED AMENDMENT

(1) Except as mandated by federal law or required for public health or public safety purposes, the provision of nonemergency services by the State of Alabama or any city, county, or other political subdivision thereof, is restricted to citizens of and aliens lawfully present in the United States of America.

(2) The Legislature shall have the authority to implement this amendment by definitions and other appropriate legislation.

(3) Any office providing services to individuals shall promulgate rules regarding the method to verify legal status or to authenticate U.S. citizenship before providing any services.

(4) This amendment shall be known and may be cited as the Illegal Immigration Responsibility and Taxpayer Accountability Amendment.

Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

"Proposing an amendment to the Constitution of Alabama of 1901, to restrict nonemergency government services to persons who are lawfully present in the United States.


SB134
79364-1:n:01/05/2006A/th LRS2006-59 << SB134>>
By Senators McClain, Lindsey, Sanders, Denton, Smitherman, Little (T), Singleton, Escott, Holley, Biddle, Butler, Ross, Penn, Roberts, and Means
RFD Judiciary
Rd 1 10-JAN-06


SYNOPSIS:Under existing state law, there is no specific criminal penalty for employing an illegal immigrant. This bill would create the crime of employing an illegal immigrant and would provide penalties for an employer who employs an illegal immigrant. Amendment 621 of the Constitution of Alabama of 1901 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 Amendment 621. 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 Amendment 621. A BILL
TO BE ENTITLED
AN ACT To establish the crime of employing an illegal immigrant; to provide for exceptions; to provide for penalties; and in connection therewith would 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. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. As used in this act, the following terms shall have the following meanings: (1) BASIC PILOT PROGRAM. The electronic verification of work authorization program of the Illegal Immigration Reform and Immigrant 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. (2) EMPLOYEE. Any person performing or applying for work or service of any kind or character for hire. (3) EMPLOYER. Any person employing or seeking to employ any person for hire. (4) EMPLOYMENT. The act of employing or state of being employed, engaged, or hired. (5) ILLEGAL IMMIGRANT. Any person who is an undocumented immigrant in this country illegally and performing or applying for employment. Section 2. (a) The Legislature of the State of Alabama finds that employers in this state who use illegal laborers have systematically distorted the labor market of this state by reducing wages, adversely affecting working conditions, and evading taxes. Employment of illegal laborers should be viewed as any other illegal business practice, that is, a means to exploit others and gain an advantage over law-abiding competitors. (b) The Legislature of the State of Alabama further finds that the United States has established and maintains a national program for the electronic verification of work authorization, the Basic Pilot Program, which enables employers to promptly and accurately verify the employment eligibility of all job applicants. Section 3. (a) This act shall not apply to any business domiciled in this state which participates in the Basic Pilot Program and is exempt from compliance with federal employment verification procedures under federal law. (b) An employer shall have on file for each employee a copy of the birth certificate or other documentation attesting that the employee is a citizen of the United States of America. The documentation shall be available for review during employment of the employee and for two years after employment has been terminated by the employer or the employee. Section 4. (a) An employer commits the crime of employing an illegal immigrant when the employer hires for compensation an illegal immigrant regardless of whether the employee misrepresented his or her citizenship status to gain employment. (b) Employing an illegal immigrant is a Class C felony. Section 5. This act shall be construed so as to be fully consistent with federal immigration law. Section 6. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621 because the bill defines a new crime or amends the definition of an existing crime. Section 7. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law. Crimes and OffensesCriminal Law and ProcedureIllegal AliensEmploymentImmigrantsEmploying an Illegal Immigrant


HB44
76514-1:n:05/18/2005SM/agb LRS2005-2751 << HB44>>
By Representative Fite
RFD Commerce
Rd 1 10-JAN-06


SYNOPSIS:This bill would create the Alabama Fair Employment Act. This bill would provide that an employer who does not verify work authorization of employees through the Basic Pilot Program, a national program administered by the Department of Homeland Security, would be guilty of an unfair trade practice if it discharged a citizen or legal alien while employing an illegal laborer. The bill would also prohibit deduction of the costs of an illegal laborer as a business expense for income tax purposes. This bill would also require participation in the federal Basic Pilot Program as a condition of a state contract. A BILL
TO BE ENTITLED
AN ACT An act relating to labor; creating the Alabama Fair Employment Act; providing certain exceptions to the act; making certain discharges of employees an unfair trade practice; authorizing a certain cause of action; prohibiting certain compensation as certain tax deductions; requiring suspension of certain certificates of incorporation under certain circumstances; and requiring participation in certain programs as condition for certain contracts or grants. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. This act shall be known and may be cited as the "Alabama Fair Employment Act." Section 2. As used in this act, the following terms shall have the following meanings: (1) BASIC PILOT PROGRAM. The electronic verification of work authorization program of the Illegal Immigration Reform and Immigrant 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. (2) EMPLOYEE. Any person performing or applying for work or service of any kind or character for hire. (3) EMPLOYER. Any person employing or seeking to employ any person for hire. (4) EMPLOYMENT. The act of employing or state of being employed, engaged, or hired. (5) ILLEGAL LABORER. Any person who is an undocumented immigrant in this country illegally and performing or applying for work or service of any kind or character for hire. Section 3. (a) The Legislature of the State of Alabama finds that employers in this state who use illegal laborers have systematically distorted the labor market of this state by reducing wages, adversely affecting working conditions, and evading taxes. Employment of illegal laborers should be viewed as any other illegal business practice, that is, a means to exploit others and to gain an advantage over law-abiding competitors. (b) The Legislature of the State of Alabama further finds that the United States has established and maintains a national program for the electronic verification of work authorization, the Basic Pilot Program, which enables employers to promptly and accurately verify the employment eligibility of all job applicants. Section 4. (a) This act shall not apply to any business domiciled in this state which either has enrolled and participates in the Basic Pilot Program or is exempt from compliance with federal employment verification procedures under federal law which makes the employment of unauthorized aliens unlawful. (b) The discharge of any United States citizen or permanent resident alien employee by an employer in this state is an unfair trade practice as defined in Chapter 20 of Title 8 of the Code of Alabama 1975, if, on the date of the discharge, the employer employed an illegal laborer. The discharged employee shall have a private cause of action for the unfair trade practice. Section 5. (a) Compensation, whether in money or in kind or in services, provided to any illegal laborer shall not be allowed as a business expense deduction from any income or business taxes of this state. (b) Any corporation operating in this state in violation of this act shall have its certificates of incorporation suspended. Section 6. The State of Alabama shall require, as a condition of the award of a contract or a grant to any business or enterprise, that the business or enterprise shall enroll and participate in the Basic Pilot Program. Section 7. This act shall be construed so as to be fully consistent with federal immigration law. Section 8. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law. EmploymentBasic Pilot ProgramHomeland Security DepartmentImmigrantsIllegal LaborersUnfair Trade PracticesContractsPublic ContractsBusiness and Labor


Here are a couple more that I found

HB458
79373-2:n:01/13/2006:JRC/mfp LRS2006-56R1 HB458
By Representatives Hammon, Garner, Gaston, Williams (N), Hubbard, Allen, Glover, Albritton, Grimes, Brewbaker, Thomas (J), McMillan, Faust, Beck, Clouse, Johnson, Bentley, Collier, McClurkin, McClendon, Galliher, Sanderford, Ball, Wood, Humphryes, Beason, DeMarco, Payne, Ward, Letson, Dukes, Williams (J), Grantland, Greer, Fite, Robinson (J), Bridges, Hinshaw, Sherer, Laird, Hall (A), Schmitz, Carns, Gipson, Thigpen and Martin
RFD Judiciary
Rd 1 19-JAN-06


SYNOPSIS:Under existing law, an individual is not required to show proof of citizenship or lawful presence in the United States in order to receive certain public benefits. This bill would require an individual to show proof of citizenship or lawful presence in the United States in order to receive certain public benefits. The bill would also allow temporary benefits to be paid in cases where the applicant cannot provide proof of citizenship. A BILL
TO BE ENTITLED
AN ACT To provide for the Alabama Taxpayer and Citizen Protection Act by requiring either proof of citizenship or lawful presence in the United States under federal law to receive certain public assistance benefits; to provide for temporary benefits to be paid in cases where the applicant cannot provide proof at the time of application; to require certain state agencies to cooperate with local governments and the United States Department of Homeland Security to develop a system for verifying lawful presence; to authorize any individual to file a complaint with the affected state agency for its failure to comply with this act; and specify certain penalties. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. This act may be cited as the "Alabama Taxpayer and Citizen Protection Act." Section 2. The Legislature 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 Legislature further finds that illegal immigrants have been harbored and sheltered in this state and encouraged and induced 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 federal << immigration>> law, undermine the security of our borders, and impermissibly restrict the privileges and immunities of the citizens of Alabama. Therefore, the people of this state declare that it is a compelling public interest of this state to discourage illegal << immigration>> by requiring all public agencies within this state to cooperate with federal << immigration>> authorities. Section 3. (a)(1) At the time of application for public assistance program benefits or for an identification document issued by the state or a political subdivision of the state, an applicant must provide affirmative proof that the applicant is a citizen of the United States or is lawfully present in the United States under federal << immigration>> law. The affirmative proof shall consist of any valid document or combination of valid documents recognized by the Department of Public Safety when processing an application for a driver's license. The state or local government agency responsible for administering a program of public assistance shall not provide public assistance program benefits to an applicant unless or until the applicant has met the requirements of this section. A state or local government agency administering public assistance benefits shall not accept an identification card issued by a state or local government agency, including a driver's license, to establish identity or determine eligibility of public assistance benefits unless the state or local government agency that issued the card has verified the << immigration>> status of the applicant. (2) An applicant who cannot provide the proof required under this section at the time of application may alternatively sign an affidavit under oath, attesting to either United States citizenship or to classification by the United States as an alien lawfully admitted for permanent residence, in order to receive temporary benefits or a temporary identification document as provided in this section. The affidavit shall be on or consistent with forms prepared by the state or local government agency administering the public assistance benefits program, and shall include the applicant's Social Security number and an explanation of the penalties under state law for fraudulently obtaining public assistance benefits. An applicant that knowingly provides false information on the affidavit or application for public assistance benefits is subject to criminal penalties applicable in this state for fraudulently obtaining public assistance program benefits. An applicant who has provided the sworn affidavit required by this subdivision is eligible to receive temporary public assistance program benefits as follows: a. For 90 days or until such time that it is determined that the applicant is not lawfully present in the United States, whichever is earlier. b. Indefinitely if the applicant provides a copy of a completed application for an Alabama birth certificate that is pending in Alabama or some other state. An extension granted under this paragraph shall terminate upon the applicant's receipt of a birth certificate or a determination that a birth certificate does not exist because the applicant is not a United States citizen. c. An applicant who has provided the sworn affidavit in accordance with this section is eligible to receive a temporary identification document for either 30 days or until such time that it is determined that the applicant is not lawfully present in the United States, whichever is earlier. d. A state or local government agency shall report in writing to the Attorney General of this state, and to a federal << immigration>> law enforcement office designated by the Attorney General of this state, an applicant or beneficiary described in this section that fails to verify the applicant's or beneficiary's own legal presence in the United States. An employee of a state or local government agency who knowingly and willfully fails to report violations of federal << immigration>> law is guilty of a Class B misdemeanor. A supervisor of an employee who knows of the employee's failure to report and fails to direct the employee to make the report is guilty of a Class B misdemeanor. (b) This section does not apply to state or local public assistance program benefits that are excepted from verification of eligibility under federal law. (c) The definition of "state or local public benefit" under 8 U.S.C. § 1621(c) shall apply to programs of public assistance provided under the laws of this state. The definition shall exclude any state and local public benefit excepted from verification of eligibility under 8 U.S.C.A. § 1621(b), including services necessary for the treatment of an emergency medical condition. (d) This section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (e) Any person who believes that a state or local government agency has failed to comply with this section in the administration of public assistance program benefits may file a complaint in writing with the state or local government agency charged with administering the program. (1) The state or local government agency shall provide a written response within 60 days of receipt of the complaint, or within 30 days if the complaint alleges erroneous determination that the person is not lawfully present in the United States. (2) A person with reasonable cause to believe that a state or local government agency has failed to cease an act or practice in violation of this section, within 75 days after receipt of the agency's written response to the person's complaint made pursuant to subdivision (1) of this subsection, may institute a proceeding for injunction or mandamus to remedy the violation giving rise to the complaint. Section 4. All state agencies administering programs of public assistance in this state shall cooperate with local governments and the United States Department of Homeland Security to develop a system to facilitate verification of an individual's lawful presence in the United States in furtherance of this act. The system developed may include all or part of the Systematic Alien Verification Entitlements Program operated by the United States Department of Homeland Security. Section 5. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law. CitizenshipImmigrantsIllegal AliensState AgenciesHomeland Security DepartmentPublic Safety DepartmentAttorney GeneralPopular NamesPublic Assistance


HB457

79492-1:n:01/09/2006:JMH/th LRS2006-57 HB457
By Representatives Hammon, McMillan, Allen, Gipson, Ball, Gaston, Glover, Williams (N), Sanderford, Hubbard, Albritton, Grimes, Thomas (E), Faust, Beck, Clouse, Johnson, Bentley, Collier, McClurkin, McClendon, Galliher, Wood, Humphryes, Beason, DeMarco, Payne, Ward, Letson, Dukes, Williams (J), Morrison, Grantland, Greer, Fite, Robinson (J), Bridges, Hinshaw, McLaughlin, Sherer, Laird, Hall (A), Schmitz, Garner, Carns, Thigpen and Martin
RFD Government Finance and Appropriations
Rd 1 19-JAN-06


SYNOPSIS:Under existing law, there is no specific fund in the State Treasury for the purpose of defraying the costs of incarcerating undocumented criminal aliens who are sentenced to imprisonment in Alabama. Existing law also does not require the Governor to seek available compensation from the federal government for cost to the state of incarcerating undocumented criminal aliens. This bill would create the Alabama Criminal Alien Assistance Program Fund in the State Treasury. This bill would provide that certain moneys available to the state from the federal government under the << Immigration>> and Nationality Act would be deposited into the fund. This bill would allow the moneys in the fund to be disbursed to the Department of Corrections to be used to help defray the costs of incarcerating undocumented illegal aliens. This bill would also require the Governor to submit annually to the United States Attorney General a request for compensation as well as the information required for the state to receive the maximum compensation to which it is entitled. A BILL
TO BE ENTITLED
AN ACT To create the Alabama Criminal Alien Assistance Program Fund in the State Treasury; to provide for the disbursement of moneys in the fund; to require the Governor to submit annually to the United States Attorney General a request for compensation and any information necessary for the state to receive from the federal government the maximum compensation to which it is entitled for incarcerating undocumented aliens. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. (a) There is created in the State Treasury the Alabama Criminal Alien Assistance Program Fund. The fund shall consist of moneys received by the state from the federal government under the State Criminal Alien Assistance Program created pursuant to 8 U.S.C. § 1231(i). The moneys shall be transferred to the State Treasurer, who shall credit them to the fund. The fund is continuously appropriated to the Department of Corrections for the purpose of defraying the costs of incarcerating undocumented criminal aliens sentenced to a term of imprisonment with the department. All interest and investment earnings derived from the moneys in the fund shall remain in the fund. Any unexpended moneys remaining in the fund at the end of the fiscal year shall remain in the fund and shall not revert to the General Fund. (b) For the purpose of maximizing revenues in the fund, the Governor shall, in connection with an annual request for compensation to the state, submit to the United States Attorney General, pursuant to 8 U.S.C § 1231, the average pre-inmate cost and the total cost to the state of incarcerating undocumented criminal aliens in the fiscal year for which the request is made, as well as any additional information required to receive compensation. Section 2. All laws or parts of laws which conflict with this act are repealed. Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law. Corrections DepartmentIllegal AliensPrisons and PrisonersCrimes and OffensesCriminal Law and ProcedureCriminal Alien Assistance Program FundState Treasurer