Thread: Ohio Sponsor of House Bill 308

Subject:
To State Rep. Courtney Combs

The Question:
What are You doing to stop criminal Immigration in Ohio.





Dear Mr. xxxxxxx

Thank you for your email regarding immigration in Ohio. I am I big supporter of immigration reform in this state.

Currently, I am the primary sponsor of House Bill 308. This bill would require specified businesses to verify the immigration status of persons who are not United States citizens. It would require business to restrict the employment, transport, post-secondary education benefits, driver's licenses, identification cards, and receipt of public benefits of persons who are not legal residents of the United States.

As of now the bill has not been assigned to any committee and if you would like to show your support you can contact the Speakers office. Meanwhile, I will continue to work on new legislation addressing immigration.

Again, thank you for taking the time contact my office and please do not hesitate to contact with future questions or concerns.


State Rep. Courtney Combs

54th Ohio House District

• 127th General Assembly
  Regular Session
  2007-2008
  H. B. No. 308
  
  
  
  
  
  Representatives Domenick, Combs
  
  
  
  Cosponsors: Representatives Seitz, Mallory, Webster

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A BILL

To amend sections 3333.31, 4507.01, 4507.06, 4507.09, 4507.50, 4507.51, and 4507.52 and to enact sections 8.01 to 8.10, 4507.092, and 5747.027 of the Revised Code to require in specified situations the verification of immigration status of persons who are not United States citizens, to impose state income taxes at a rate of six per cent per annum on the compensation of specified independent contractors who fail to document such verification, and to restrict the employment, transport, post-secondary education benefits, driver's licenses and identification cards, and receipt of public benefits of persons who are not legal residents of the United States.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3333.31, 4507.01, 4507.06, 4507.09, 4507.50, 4507.51, and 4507.52 be amended and sections 8.01, 8.02, 8.03, 8.04, 8.05, 8.06, 8.07, 8.08, 8.09, 8.10, 4507.092, and 5747.027 of the Revised Code be enacted to read as follows:
Sec. 8.01. As used in any section of the Revised Code:
(A) "Alien" means a person who is not a United States citizen or a United States national.
(B) "Illegal alien" means an alien who is deportable if apprehended because of one of the following:
(1) The alien entered the United States illegally without the proper authorization and documents.
(2) The alien once entered the United States legally and has since violated the terms of the status under which the alien entered the United States, making that alien an "out of status" alien.
(3) The alien once entered the United States legally but has overstayed the time limits of the original legal status.
(C) "Immigrant" and "legal permanent resident alien" mean an alien who has been granted the right by the United States bureau of citizenship and immigration services to reside permanently in the United States and to work without restrictions in the United States.
(D) "Nonimmigrant" and "legal resident alien" mean an alien who has been granted the right by the United States bureau of citizenship and immigration services to reside temporarily in the United States and the period of that temporary residence has not expired.
(E) "Public employer" means any department, agency, or instrumentality of the state or a political subdivision of the state.
(F) "Status verification system" means any electronic system the federal government operates to enable a person to verify or ascertain the citizenship or immigration status of any individual. "Status verification system" includes all of the following:
(1) The electronic verification of work authorization program known as the "basic pilot program," 8 U.S.C. 1324a, operated by the United States department of homeland security, and any equivalent federal program that the United States department of homeland security or other federal agency designates to verify the work eligibility status of newly hired employees, pursuant to the "Immigration Reform and Control Act of 1986," P. Law 99-603, 100 Stat. 3360.
(2) Any independent, third-party system with an equal or higher degree of reliability as the programs, systems, or processes described division (A)(1) of this section.
(3) The social security number verification service, or any similar online verification process the United States social security administration operates.
(G) "Subcontractor" means a subcontractor, contract employee, staffing agency, or any contractor regardless of its tier.
(H) "Unauthorized alien" means an alien who is not authorized to be employed as determined in accordance with section 101(a) of the "Immigration Reform and Control Act of 1986," 100 Stat. 3360, 8 U.S.C. 1324a.
Sec. 8.02. (A) No person shall transport, move, or attempt to transport in this state any illegal alien, knowing or acting in reckless disregard of the fact that the alien has come to, entered, or remained in the United States in violation of law, or in furtherance of the illegal presence of the alien in the United States.
(B) No person knowingly shall conceal or shelter from detection any illegal alien in any place within this state, 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) Nothing in this section shall be construed in a manner to prohibit or restrict any state or local public benefit described in 8 U.S.C. 1621(b), or any public health service that a private charity provides with private funds.
(D) A violation of division (A) or (B) of this section is punishable by imprisonment for not less than one year or by a fine of not less than one thousand dollars, or both.
Sec. 8.03. (A) Every entity that operates a jail in this state shall designate an official, who may be a jail keeper, sheriff, or other person the entity designates, to act on its behalf in carrying out this section.
(B) When a person charged with a felony or with driving under the influence is confined in a jail for any period of time, the official designated pursuant to division (A) of this section shall make a reasonable effort to determine the citizenship status of the confined person.
(C) If the designated official determines that the confined person is an alien, the official shall make a reasonable effort to verify that the person has been lawfully admitted to the United States and that any lawful status has not expired. If the official cannot verify the person's lawful status based on documents in the person's possession, the official shall within forty-eight hours make a query to the law enforcement support center of the United States department of homeland security or other office or agency that the United States department of homeland security designates for that purpose. If the official cannot verify the lawful immigration status of the confined person based on that query, the official shall notify the United States department of homeland security.
(D) "Jail" has the same meaning as in section 2929.01 of the Revised Code.
Sec. 8.04. When any judge or court determines the matter of a grant or issuance of bond, it is a rebuttable presumption that a person who is an illegal alien is at risk of flight.
Sec. 8.05. (A) Every public employer shall register with a status verification system and use that system to verify the employment authorization status of all new employees.
(B)(1) After July 1, 2008, no public employer shall enter into a contract for the physical performance of services within this state unless the contractor registers and participates in a status verification system.
(2) After July 1, 2008, no contractor or subcontractor shall enter into any contract to provide a public employer with the physical performance of services in this state unless the contractor or subcontractor registers and participates in a status verification system to verify information of all new employees.
(3) This division does not apply to any contract entered into prior to the effective date of this section even if the service or labor is performed after July 1, 2008.
(C) The director of commerce shall adopt rules pursuant to Chapter 119. of the Revised Code under which the director administers sections 8.05 to 8.07 of the Revised Code.
Sec. 8.06. (A) Any individual who acts as an independent contractor and contracts to provide the physical performance of services in this state shall document the employment authorization of persons who perform labor for that independent contractor.
(B) If a contractor fails to provide the contracting entity with documentation of employment authorization as division (A) of this section requires, the contracting entity shall withhold from that contractor's compensation an amount for state income taxes at the rate of six per cent of the total amount of compensation paid to the contractor. The Ohio income taxes imposed on any such compensation shall be computed pursuant to section 5747.027 of the Revised Code.
(C) Any contracting entity that fails to comply with the withholding division (B) of this section requires is liable for the income taxes imposed pursuant to that section unless the contracting entity is exempt from federal withholding with respect to the contractor pursuant to a properly filed internal revenue service form 8233 or its equivalent.
(D) Nothing in this section shall be construed as creating an employer-employee relationship between a contracting entity and an individual independent contractor.
Sec. 8.07. (A) No employer shall discharge an employee who is a United States citizen or legal permanent resident alien while that employer retains an employee whom the employer knows, or reasonably should have known, is an unauthorized alien hired after July 1, 2008 and who works for the employer in a job category that, as defined by 29 U.S.C. 206(d)(1), requires equal skill, effort, and responsibility and is performed under similar working conditions as the job category of the discharged employee.
(B) An employer is exempt from liability, investigation, or suit arising from any action under this division if on the date of a discharge that is alleged to violate division (A) of this section, the employer was enrolled in and used a status verification system to verify the employment eligibility of its employees.
(C) A violation of this section does not give rise to any cause of action except as provided in this section.
Sec. 8.08. (A) No individual fourteen years of age or older shall qualify for a public assistance program a state agency or political subdivision administers unless the individual or another individual on that person's behalf verifies that the individual is a United States citizen or meets the program's requirements concerning alien status.
(B)(1) Any agency or political subdivision that provides local or state public benefits shall require that any applicant for those benefits execute, under penalty of perjury, an affidavit the agency or political subdivision provides. In the affidavit, the applicant shall affirm that the applicant is a United States citizen or an alien qualified to receive the public benefit under the federal immigration and nationality act, and that the person is lawfully present in the United States.
(2) The agency or political subdivision providing the public benefits shall provide notary public services at no cost to the applicant.
(C) Any agency or political subdivision that provides state or local public benefits shall use the "Systematic Alien Verification for Entitlements" (SAVE) program operated by the United States department of homeland security, or an equivalent program the department designates, to verify the eligibility of any applicant who executes the affidavit division (B) of this section describes. Until the agency receives verification of eligibility, the affidavit is presumed to be proof of lawful presence for the purpose of receiving the public benefit.
(D) Agencies and political subdivisions of this state may adopt any variation to the requirements of this section if the variation demonstrably improves the efficiency or reduces delay in the verification process, or enables the adjudication of unique individual circumstances where the verification procedures in this section would impose unusual hardship on a legal resident.
(E) Divisions (A) to (C) of this section do not apply to any of the following:
(1) Any purpose for which lawful presence in the United States is not restricted by law, ordinance, or regulation;
(2) Assistance for health care items and services that are necessary for treating an emergency medical condition as defined in 42 U.S.C. 1396b(v)(3) and that are not related to an organ transplant procedure;
(3) Short-term, non-cash, in-kind emergency disaster relief;
(4) 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;
(5) Programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and short-term shelter, provided through public and private nonprofit agencies that do not condition the provision of assistance, the amount of assistance, or the cost of assistance on the income or resources of the individual recipient, and the program, service, or assistance is necessary for the protection of life or safety, including programs the United States attorney general specifies.
(F) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to division (B) of this section is subject to criminal penalties for fraudulently obtaining public assistance program benefits. If the affidavit constitutes a false claim of U.S. citizenship under 18 U.S.C. 911, the agency shall file a complaint with the United States attorney general.
(G) No agency or political subdivision shall provide any state, local, or federal benefit, as defined in 8 U.S.C. 1621 and 8 U.S.C. 1611, in violation of this section.
Sec. 8.09. (A) Any agency that administers a program of state or local public benefits annually shall report its compliance with this section to the governor, the president of the senate, and the speaker of the house of representatives.
(B) Each agency shall monitor the systematic alien verification for entitlements program for application verification errors and significant delays. The agency annually shall report to the United States department of homeland security any errors or significant delays it encounters and make any recommendation it deems appropriate to ensure that the program does not erroneously deny benefits to legal residents of this state.
Sec. 8.10. (A) No institution of higher education shall provide any postsecondary education benefit, including, but not limited to, scholarships and financial aid, grants, loans, resident in-state tuition, or any other type of monetary assistance to any person who is an illegal alien.
(B) This section does not apply to a student enrolled in a degree program at a postsecondary educational institution during the 2007-2008 school year or any prior year who received a tuition benefit on the basis of residency status determined pursuant to section 3333.31 of the Revised Code.
(C) Any benefit a public institution grants shall be made pursuant to the procedures set forth in section 3333.31 of the Revised Code and rules the board of regents adopts pursuant to that section.
(D) As used in this section, "institution of higher education" means any of the following:
(1) A state university or college as defined in division (A)(1) of section 3345.12 of the Revised Code, community college, state community college, university branch, or technical college;
(2) A private, nonprofit college, university or other post-secondary institution located in this state that possesses a certificate of authorization issued by the Ohio board of regents pursuant to Chapter 1713. of the Revised Code;
(3) A post-secondary institution with a certificate of registration issued by the state board of career colleges and schools under Chapter 3332. of the Revised Code.
Sec. 3333.31. (A) For state subsidy and tuition surcharge purposes, status as a resident of Ohio shall be defined by the chancellor of the Ohio board of regents by rule promulgated pursuant to Chapter 119. of the Revised Code. No adjudication as to the status of any person under such rule, however, shall be required to be made pursuant to Chapter 119. of the Revised Code. The term "resident" for these purposes shall not be equated with the definition of that term as it is employed elsewhere under the laws of this state and other states, and shall not carry with it any of the legal connotations appurtenant thereto. Rather, for such purposes, the rule promulgated under this section shall have the objective of excluding from treatment as residents those who are present in the state primarily for the purpose of attending a state-supported or state-assisted institution of higher education, and may prescribe presumptive rules, rebuttable or conclusive, as to such purpose based upon the source or sources of support of the student, residence prior to first enrollment, evidence of intention to remain in the state after completion of studies, or such other factors as the chancellor deems relevant.
(B) The rules of the chancellor for determining student residency shall not deny residency status to a student who is either a dependent child of a parent, or the spouse of a person who, as of the first day of a term of enrollment in an institution of higher education, has accepted full-time employment and established domicile in this state for reasons other than gaining the benefit of favorable tuition rates.
Documentation of full-time employment and domicile shall include both of the following documents:
(1) A sworn statement from the employer or the employer's representative on the letterhead of the employer or the employer's representative certifying that the parent or spouse of the student is employed full-time in Ohio;
(2) A copy of the lease under which the parent or spouse is the lessee and occupant of rented residential property in the state, a copy of the closing statement on residential real property of which the parent or spouse is the owner and occupant in this state or, if the parent or spouse is not the lessee or owner of the residence in which the parent or spouse has established domicile, a letter from the owner of the residence certifying that the parent or spouse resides at that residence.
Residency officers may also evaluate, in accordance with the chancellor's rule, requests for immediate residency status from dependent students whose parents are not living and whose domicile follows that of a legal guardian who has accepted full-time employment and established domicile in the state for reasons other than gaining the benefit of favorable tuition rates.
(C)(1) The rules of the board of regents shall require a student who desires any benefit available only to residents of Ohio to provide to the state institution of higher education documentation that is evidence of citizenship or lawful immigration status. If the student cannot provide such documentation, the student may provide a copy of a true and correct application or petition filed with the United States citizenship and immigration services to legalize the student's immigration status, or an affidavit stating that the student will file an application to receive legal immigration status at the earliest opportunity the student is eligible to do so but in no case later than one year after the date on which the student enrolls for study at the institution.
(2) Any student who files an affidavit pursuant to this division shall present to the institution a copy of a true and correct copy of that application or petition, which copy shall be maintained in the institution's records for that student.
(3) Any student who complies with this division may not be disqualified on the basis of immigration status from any scholarships or financial aid this state provides.
(4) This division shall not be construed to impose any additional conditions to maintain resident tuition status at a postsecondary educational institution within this state on a student who was enrolled in a degree program and first received tuition status as a resident of Ohio at that institution during the 2007-2008 school year or any prior year.
(D) "Dependent," "domicile," "institution of higher education," and "residency officer" have the meanings ascribed in the chancellor's rules adopted under this section.
Sec. 4507.01. (A) As used in this chapter, "motor vehicle," "motorized bicycle," "state," "owner," "operator," "chauffeur," and "highways" have the same meanings as in section 4501.01 of the Revised Code.
"Driver's license" means a class D license issued to any person to operate a motor vehicle or motor-driven cycle, other than a commercial motor vehicle, and includes "probationary license," "restricted license," and any operator's or chauffeur's license issued before January 1, 1990.
"Probationary license" means the license issued to any person between sixteen and eighteen years of age to operate a motor vehicle.
"Restricted license" means the license issued to any person to operate a motor vehicle subject to conditions or restrictions imposed by the registrar of motor vehicles.
"Commercial driver's license" means the license issued to a person under Chapter 4506. of the Revised Code to operate a commercial motor vehicle.
"Commercial motor vehicle" has the same meaning as in section 4506.01 of the Revised Code.
"Motorized bicycle license" means the license issued under section 4511.521 of the Revised Code to any person to operate a motorized bicycle including a "probationary motorized bicycle license."
"Probationary motorized bicycle license" means the license issued under section 4511.521 of the Revised Code to any person between fourteen and sixteen years of age to operate a motorized bicycle.
"Identification card" means a card issued under sections 4507.50 and 4507.51 of the Revised Code.
"Resident" means a person who, in accordance with standards prescribed in rules adopted by the registrar, resides in this state on a permanent basis.
"Temporary resident" means a person who, in accordance with standards prescribed in rules adopted by the registrar, resides in this state on a temporary basis. "Temporary resident" includes any person who is not a United States citizen, national, or legal permanent resident alien.
(B) In the administration of this chapter and Chapter 4506. of the Revised Code, the registrar has the same authority as is conferred on the registrar by section 4501.02 of the Revised Code. Any act of an authorized deputy registrar of motor vehicles under direction of the registrar is deemed the act of the registrar.
To carry out this chapter, the registrar shall appoint such deputy registrars in each county as are necessary.
The registrar also shall provide at each place where an application for a driver's or commercial driver's license or identification card may be made the necessary equipment to take a color photograph of the applicant for such license or card as required under section 4506.11 or 4507.06 of the Revised Code, and to conduct the vision screenings required by section 4507.12 of the Revised Code, and equipment to laminate licenses, motorized bicycle licenses, and identification cards as required by sections 4507.13, 4507.52, and 4511.521 of the Revised Code.
The registrar shall assign one or more deputy registrars to any driver's license examining station operated under the supervision of the state highway patrol, whenever the registrar considers such assignment possible. Space shall be provided in the driver's license examining station for any such deputy registrar so assigned. The deputy registrars shall not exercise the powers conferred by such sections upon the registrar, unless they are specifically authorized to exercise such powers by such sections.
(C) No agent for any insurance company, writing automobile insurance, shall be appointed deputy registrar, and any such appointment is void. No deputy registrar shall in any manner solicit any form of automobile insurance, nor in any manner advise, suggest, or influence any licensee or applicant for license for or against any kind or type of automobile insurance, insurance company, or agent, nor have the deputy registrar's office directly connected with the office of any automobile insurance agent, nor impart any information furnished by any applicant for a license or identification card to any person, except the registrar. This division shall not apply to any nonprofit corporation appointed deputy registrar.
(D) The registrar shall immediately remove a deputy registrar who violates the requirements of this chapter.
(E) The registrar shall periodically solicit bids and enter into a contract for the provision of laminating equipment and laminating materials to the registrar and all deputy registrars. The registrar shall not consider any bid that does not provide for the supplying of both laminating equipment and laminating materials. The laminating materials selected shall contain a security feature so that any tampering with the laminating material covering a license or identification card is readily apparent. In soliciting bids and entering into a contract for the provision of laminating equipment and laminating materials, the registrar shall observe all procedures required by law.
Sec. 4507.06. (A)(1) Every application for a driver's license or motorcycle operator's license or endorsement, or duplicate of any such license or endorsement, shall be made upon the approved form furnished by the registrar of motor vehicles and shall be signed by the applicant.
Every application shall state the following:
(a) The applicant's name, date of birth, social security number if such has been assigned, sex, general description, including height, weight, color of hair, and eyes, residence address, including county of residence, duration of residence in this state, and country of citizenship;
(b) Whether the applicant previously has been licensed as an operator, chauffeur, driver, commercial driver, or motorcycle operator and, if so, when, by what state, and whether such license is suspended or canceled at the present time and, if so, the date of and reason for the suspension or cancellation;
(c) Whether the applicant is now or ever has been afflicted with epilepsy, or whether the applicant now is suffering from any physical or mental disability or disease and, if so, the nature and extent of the disability or disease, giving the names and addresses of physicians then or previously in attendance upon the applicant;
(d) Whether an applicant for a duplicate driver's license, or duplicate license containing a motorcycle operator endorsement has pending a citation for violation of any motor vehicle law or ordinance, a description of any such citation pending, and the date of the citation;
(e) Whether the applicant wishes to certify willingness to make an anatomical gift under section 2108.04 of the Revised Code, which shall be given no consideration in the issuance of a license or endorsement;
(f) Whether the applicant has executed a valid durable power of attorney for health care pursuant to sections 1337.11 to 1337.17 of the Revised Code or has executed a declaration governing the use or continuation, or the withholding or withdrawal, of life-sustaining treatment pursuant to sections 2133.01 to 2133.15 of the Revised Code and, if the applicant has executed either type of instrument, whether the applicant wishes the applicant's license to indicate that the applicant has executed the instrument.
(2) Every applicant for a driver's license shall be photographed in color at the time the application for the license is made. The application shall state any additional information that the registrar requires.
(3) If the applicant is not a United States citizen, national, or legal permanent resident alien, the applicant shall provide valid documentary evidence that the applicant's status has been continued or extended by the United States citizenship and immigration services or other authorized agency of the United States department of homeland security.
(B) The registrar or a deputy registrar, in accordance with section 3503.11 of the Revised Code, shall register as an elector any person who applies for a driver's license or motorcycle operator's license or endorsement under division (A) of this section, or for a renewal or duplicate of the license or endorsement, if the applicant is eligible and wishes to be registered as an elector. The decision of an applicant whether to register as an elector shall be given no consideration in the decision of whether to issue the applicant a license or endorsement, or a renewal or duplicate.
(C) The registrar or a deputy registrar, in accordance with section 3503.11 of the Revised Code, shall offer the opportunity of completing a notice of change of residence or change of name to any applicant for a driver's license or endorsement under division (A) of this section, or for a renewal or duplicate of the license or endorsement, if the applicant is a registered elector who has changed the applicant's residence or name and has not filed such a notice.
Sec. 4507.09. (A) Except as provided in division (B) of this section, every driver's license issued to a resident of this state expires on the birthday of the applicant in the fourth year after the date it is issued and every driver's license issued to a temporary resident expires in accordance with rules adopted by the registrar of motor vehicles. In no event shall any license be issued for a period longer than four years and ninety days. Any
Subject renewal is subject to the requirements of section 4507.12 of the Revised Code, every.
A driver's license issued to a resident is renewable at any time prior to its expiration and any license of a temporary resident is nonrenewable. A nonrenewable license may be replaced with a new license within ninety days prior to its expiration in accordance with division (E) of this section. No refund shall be made or credit given for the unexpired portion of the any driver's license that is renewed. The registrar of motor vehicles shall notify each person whose driver's license has expired within forty-five days after the date of expiration. Notification shall be made by regular mail sent to the person's last known address as shown in the records of the bureau of motor vehicles. Failure to provide such notification shall not be construed as a renewal or extension of any license. For the purposes of this section, the date of birth of any applicant born on the twenty-ninth day of February shall be deemed to be the first day of March in any year in which there is no twenty-ninth day of February.
(B) Every driver's license or renewal of a driver's license issued to an applicant who is sixteen years of age or older, but less than twenty-one years of age, expires on the twenty-first birthday of the applicant, except that an applicant who applies no more than thirty days before the applicant's twenty-first birthday shall be issued a license in accordance with division (A) of this section.
(C) Each person licensed as a driver under this chapter shall notify the registrar of any change in the person's address within ten days following that change. The notification shall be in writing on a form provided by the registrar and shall include the full name, date of birth, license number, county of residence, social security number, and new address of the person.
(D) No driver's license shall be renewed when renewal is prohibited by division (A) of section 4507.091 of the Revised Code.
(E) A nonrenewable license may be replaced with a new license within ninety days prior to its expiration upon the applicant's presentation of documentation verifying the applicant's legal presence in the United States. A nonrenewable license expires on the same date listed on the legal presence documentation, or on the same date in the fourth year after the date the nonrenewable license is issued, whichever comes first unless there is no definite end to the applicant's authorized stay, in which case the expiration date is one year from the issuance of the license. A nonrenewable license is not transferable, and the applicant may not rely on it to obtain a driver's license in another state.
In accordance with Chapter 119. of the Revised Code, the registrar of motor vehicles shall adopt rules governing nonrenewable licenses for temporary residents. At a minimum, the rules shall include provisions specifying all of the following:
(1) That no nonrenewable license may extend beyond the duration of the applicant's temporary residence in this state;
(2) That no nonrenewable license may be replaced by a new license unless the applicant provides acceptable documentation of the person's identity and of the applicant's continued temporary residence in this state;. If the applicant for a new license to replace a nonrenewable license is not a United States citizen, national, or legal permanent resident alien, the applicant shall provide valid documentary evidence that the applicant's status has been continued or extended by the United States citizenship and immigration services or other authorized agency of the United States department of homeland security.
(3) That no nonrenewable license is valid to apply for a driver's license in any other state;
(4) That every nonrenewable license may contain any security features that the registrar prescribes;
(5) That a nonrenewable license is the only type of license that may be issued to a person who is not a United States citizen, national, or legal permanent resident alien.
Sec. 4507.092. (A) The registrar of motor vehicles shall adopt rules governing the issuance of a driver's license or identification card to an individual who is not a United States citizen, national, or legal permanent resident alien. The rules shall include all of the following:
(1) No individual other than a United States citizen or national shall receive any type of driver's license, probationary license, or identification card unless that individual presents, in person, valid documentary evidence of any of the following:
(a) A valid, unexpired immigrant or nonimmigrant visa status for admission into the United States;
(b) A pending or approved application for asylum in the United States;
(c) Admission into the United States in refugee status;
(d) A pending or approved application for temporary protected status in the United States;
(e) Approved deferred action status;
(f) A pending application for adjustment of status to legal permanent residence status or conditional resident status.
(2) Any person who is not a United States citizen, national, or legal permanent resident alien is deemed to be a temporary resident and only a nonrenewable license or identification card may be issued to that person.
(B) Any license or identification card issued to a person who is not a United States citizen, national, or legal permanent resident alien is valid only during the period of time of the applicant's authorized stay in the United States or, if there is no definite end to the period of authorized stay, a period of one year. The document shall indicate clearly that the document is temporary and state the date that it expires. Except as otherwise provided in this section, the document may be renewed only upon presentation of valid documentary evidence that the applicant's status has been extended by the United States citizenship and immigration services or other authorized agency of the United States department of homeland security.
(C) Any driver's license that is not expired, cancelled, suspended, or revoked is presumed to have been issued in accordance with division (B) of this section when an application is made for its renewal. If the registrar receives notice that a local, state, or federal government agency provided the department of public safety with information that indicates a reasonable suspicion that the individual seeking the renewal or reissuance is present in the United States in violation of law, the rules shall require the applicant to follow the procedures in division (B) of this section for the renewal or reissuance of the license.
Sec. 4507.50. (A) The registrar of motor vehicles or a deputy registrar, upon receipt of an application filed in compliance with section 4507.51 of the Revised Code by any person who is a resident or a temporary resident of this state and, except as otherwise provided in this section, is not licensed as an operator of a motor vehicle in this state or another licensing jurisdiction, and, except as provided in division (B) of this section, upon receipt of a fee of three dollars and fifty cents, shall issue an identification card to that person.
Any person who is a resident or temporary resident of this state whose Ohio driver's or commercial driver's license has been suspended or canceled, upon application in compliance with section 4507.51 of the Revised Code and, except as provided in division (B) of this section, payment of a fee of three dollars and fifty cents, may be issued a temporary identification card. The temporary identification card shall be identical to an identification card, except that it shall be printed on its face with a statement that the card is valid during the effective dates of the suspension or cancellation of the cardholder's license, or until the birthday of the cardholder in the fourth year after the date on which it is issued, whichever is shorter. A temporary identification card issued to a person who is a temporary resident shall indicate clearly that the document is temporary and state its expiration date. The expiration date for a temporary resident is the earlier of four years or the last day of the applicant's authorized stay in the United States unless there is no definite end to the applicant's authorized stay, in which case the expiration date is one year from the card's issuance. The cardholder shall surrender the identification card to the registrar or any deputy registrar before the cardholder's driver's or commercial driver's license is restored or reissued.
Except as provided in division (B) of this section, the deputy registrar shall be allowed a fee of two dollars and seventy-five cents commencing on July 1, 2001, three dollars and twenty-five cents commencing on January 1, 2003, and three dollars and fifty cents commencing on January 1, 2004, for each identification card issued under this section. The fee allowed to the deputy registrar shall be in addition to the fee for issuing an identification card.
Neither the registrar nor any deputy registrar shall charge a fee in excess of one dollar and fifty cents for laminating an identification card or temporary identification card. A deputy registrar laminating such a card shall retain the entire amount of the fee charged for lamination, less the actual cost to the registrar of the laminating materials used for that lamination, as specified in the contract executed by the bureau for the laminating materials and laminating equipment. The deputy registrar shall forward the amount of the cost of the laminating materials to the registrar for deposit as provided in this section.
The fee collected for issuing an identification card under this section, except the fee allowed to the deputy registrar, shall be paid into the state treasury to the credit of the state bureau of motor vehicles fund created in section 4501.25 of the Revised Code.
(B) A disabled veteran who has a service-connected disability rated at one hundred per cent by the veterans' administration may apply to the registrar or a deputy registrar for the issuance to that veteran of an identification card or a temporary identification card under this section without payment of any fee prescribed in division (A) of this section, including any lamination fee.
An application made under division (B) of this section shall be accompanied by such documentary evidence of disability as the registrar may require by rule.
Sec. 4507.51. (A)(1) Every application for an identification card or duplicate shall be made on a form furnished by the registrar of motor vehicles, shall be signed by the applicant, and by the applicant's parent or guardian if the applicant is under eighteen years of age, and shall contain the following information pertaining to the applicant: name, date of birth, sex, general description including the applicant's height, weight, hair color, and eye color, address, county of residence, duration of residence in this state, country of citizenship, and social security number. The application also shall state whether an applicant wishes to certify willingness to make an anatomical gift under section 2108.04 of the Revised Code and shall include information about the requirements of that section that apply to persons who are less than eighteen years of age. The statement regarding willingness to make such a donation shall be given no consideration in the decision of whether to issue an identification card. Each applicant shall be photographed in color at the time of making application.
(2) The application also shall state whether the applicant has executed a valid durable power of attorney for health care pursuant to sections 1337.11 to 1337.17 of the Revised Code or has executed a declaration governing the use or continuation, or the withholding or withdrawal, of life-sustaining treatment pursuant to sections 2133.01 to 2133.15 of the Revised Code and, if the applicant has executed either type of instrument, whether the applicant wishes the identification card issued to indicate that the applicant has executed the instrument.
(3) The registrar or deputy registrar, in accordance with section 3503.11 of the Revised Code, shall register as an elector any person who applies for an identification card or duplicate if the applicant is eligible and wishes to be registered as an elector. The decision of an applicant whether to register as an elector shall be given no consideration in the decision of whether to issue the applicant an identification card or duplicate.
(B) The application for an identification card or duplicate shall be filed in the office of the registrar or deputy registrar. Each applicant shall present documentary evidence as required by the registrar of the applicant's age and identity, and the applicant shall swear that all information given is true.
All applications for an identification card or duplicate shall be filed in duplicate, and if submitted to a deputy registrar, a copy shall be forwarded to the registrar. The registrar shall prescribe rules for the manner in which a deputy registrar is to file and maintain applications and other records. The registrar shall maintain a suitable, indexed record of all applications denied and cards issued or canceled.
Sec. 4507.52. (A) Each identification card issued by the registrar of motor vehicles or a deputy registrar shall display a distinguishing number assigned to the cardholder, and shall display the following inscription:
"STATE OF OHIO IDENTIFICATION CARD
This card is not valid for the purpose of operating a motor vehicle. It is provided solely for the purpose of establishing the identity of the bearer described on the card, who currently is not licensed to operate a motor vehicle in the state of Ohio."
The identification card shall display substantially the same information as contained in the application and as described in division (A)(1) of section 4507.51 of the Revised Code, but shall not display the cardholder's social security number unless the cardholder specifically requests that the cardholder's social security number be displayed on the card. If federal law requires the cardholder's social security number to be displayed on the identification card, the social security number shall be displayed on the card notwithstanding this section. The identification card also shall display the color photograph of the cardholder. If the cardholder has executed a durable power of attorney for health care or a declaration governing the use or continuation, or the withholding or withdrawal, of life-sustaining treatment and has specified that the cardholder wishes the identification card to indicate that the cardholder has executed either type of instrument, the card also shall display any symbol chosen by the registrar to indicate that the cardholder has executed either type of instrument. The card shall be sealed in transparent plastic or similar material and shall be so designed as to prevent its reproduction or alteration without ready detection.
The identification card for persons under twenty-one years of age shall have characteristics prescribed by the registrar distinguishing it from that issued to a person who is twenty-one years of age or older, except that an identification card issued to a person who applies no more than thirty days before the applicant's twenty-first birthday shall have the characteristics of an identification card issued to a person who is twenty-one years of age or older.
Any identification card issued to a person who is a temporary resident shall indicate clearly that the document is temporary and state the date that it expires. The expiration date for a temporary resident is the earlier of four years or the last day of the applicant's authorized stay in the United States unless there is no definite end to the applicant's authorized stay, in which case the expiration date is one year from the card's issuance.
Every identification card issued to a resident of this state shall expire, unless canceled or surrendered earlier, on the birthday of the cardholder in the fourth year after the date on which it is issued. Every identification card issued to a temporary resident shall expire in accordance with rules adopted by the registrar and is nonrenewable, but may be replaced with a new identification card upon the applicant's compliance with all applicable requirements. A cardholder may renew the cardholder's identification card within ninety days prior to the day on which it expires by filing an application and paying the prescribed fee in accordance with section 4507.50 of the Revised Code.
If a cardholder applies for a driver's or commercial driver's license in this state or another licensing jurisdiction, the cardholder shall surrender the cardholder's identification card to the registrar or any deputy registrar before the license is issued.
(B) If a card is lost, destroyed, or mutilated, the person to whom the card was issued may obtain a duplicate by doing both of the following:
(1) Furnishing suitable proof of the loss, destruction, or mutilation to the registrar or a deputy registrar;
(2) Filing an application and presenting documentary evidence under section 4507.51 of the Revised Code.
Any person who loses a card and, after obtaining a duplicate, finds the original, immediately shall surrender the original to the registrar or a deputy registrar.
A cardholder may obtain a replacement identification card that reflects any change of the cardholder's name by furnishing suitable proof of the change to the registrar or a deputy registrar and surrendering the cardholder's existing card.
When a cardholder applies for a duplicate or obtains a replacement identification card, the cardholder shall pay a fee of two dollars and fifty cents. A deputy registrar shall be allowed an additional fee of two dollars and seventy-five cents commencing on July 1, 2001, three dollars and twenty-five cents commencing on January 1, 2003, and three dollars and fifty cents commencing on January 1, 2004, for issuing a duplicate or replacement identification card. A disabled veteran who is a cardholder and has a service-connected disability rated at one hundred per cent by the veterans' administration may apply to the registrar or a deputy registrar for the issuance of a duplicate or replacement identification card without payment of any fee prescribed in this section, and without payment of any lamination fee if the disabled veteran would not be required to pay a lamination fee in connection with the issuance of an identification card or temporary identification card as provided in division (B) of section 4507.50 of the Revised Code.
A duplicate or replacement identification card shall expire on the same date as the card it replaces.
(C) The registrar shall cancel any card upon determining that the card was obtained unlawfully, issued in error, or was altered. The registrar also shall cancel any card that is surrendered to the registrar or to a deputy registrar after the holder has obtained a duplicate, replacement, or driver's or commercial driver's license.
(D)(1) No agent of the state or its political subdivisions shall condition the granting of any benefit, service, right, or privilege upon the possession by any person of an identification card. Nothing in this section shall preclude any publicly operated or franchised transit system from using an identification card for the purpose of granting benefits or services of the system.
(2) No person shall be required to apply for, carry, or possess an identification card.
(E) Except in regard to an identification card issued to a person who applies no more than thirty days before the applicant's twenty-first birthday, neither the registrar nor any deputy registrar shall issue an identification card to a person under twenty-one years of age that does not have the characteristics prescribed by the registrar distinguishing it from the identification card issued to persons who are twenty-one years of age or older.
(F) Whoever violates division (E) of this section is guilty of a minor misdemeanor.
Sec. 5747.027. In the case of an independent contractor who fails to provide documentation of employment authorization to a contracting entity as section 8.06 of the Revised Code requires, the tax imposed on the total compensation the independent contractor receives from the contracting entity shall be at the rate of six per cent.
Section 2. That existing sections 3333.31, 4507.01, 4507.06, 4507.09, 4507.50, 4507.51, and 4507.52 of the Revised Code are hereby repealed.



http://www.legislature.state.oh.us/bill ... 127_HB_308

Dear Mr. Xxxxxxx,

Thank you for contacting our office regarding legislative action against
criminal immigration. I wanted to let you know that there are currently
several bills circulating that aim to address different aspects of this
issue. For example, Representatives Combs and Domenick have introduced
legislation that will require employers to verify immigration status of
employees, and also restricts access to state benefits to persons who
are not legal residents.

Representative Mecklenborg understands your concerns, and would like you to know that you are welcome to contact our office again if you would
like further information on this topic, or if you have additional
questions.

Sincerely,

Lori Plato
Legislative Aide to Representative Robert Mecklenborg

Re: What are You doing to stop criminal Immigration in Ohio?



Mr Xxxxxxx

We've passed legislation that bans illegals from receiving any kind of state aid or benefits. We have also stepped up enforcement on employers.

Kevin Coughlin

Re: What are You doing to stop criminal Immigration in Ohio?


Dear Mr Xxxxxxx

I have introduced two measures , SCR 16 and SB 260 to adress illegal
immigration.
You can go to www.ohio.gov and review these bills under the site designated for the legislature. They both are in committee for a hearing this week.

Gary Cates

RE: What are You doing to stop criminal Immigration in Ohio.
Dear Mr. Xxxxxxx,

Thank you for your e-mail. I have been a strong supporter of
legislation that cracks down on illegal immigrants in Ohio.

Last General Assembly I introduced House Bill 654 which, among other
things, established the Office of Immigration Compliance in the Ohio
Attorney General's office, prohibited the issuance of a concealed carry
permit to an illegal alien, prohibited the provision of a bail bond to
an illegal alien, and restricted the provision of public benefits to
illegal aliens. The legislation also contained numerous provisions
related to the employment of unauthorized aliens and the education and
transportation of illegal aliens.

I also co-sponsored House Bill 553, sponsored by Representative Combs
last General Assembly. This bill required the use of the English
language by state and local government entities in official actions and
proceedings.

This General Assembly I co-sponsored House Bill 308 sponsored by
Representative Combs and Senate Bill 260 sponsored by Senator Cates. HB
308 places penalties on independent contractors who fail to document the
immigration status of employees who are not Unites States citizens. The
bill also restricts the employment, transport, post-secondary education
benefits, driver's licenses and identification cards and receipt of
public health benefits of persons who are not legal residents of the
United States.

SB 260 allows County Commissioners to direct a sheriff to take custody
of persons who are being detained for deportation or who are charged
with civil violations of immigration law. The bill also authorizes
state and local employees and county sheriffs to render assistance to
federal immigration officials in the investigation and enforcement of
federal immigration law.

Thanks again for writing.

Sincerely,

Bill Seitz

Dear Mr. Xxxxxxx,



Thank you for contacting our office regarding criminal immigration in Ohio. Currently, there are several bills circulating that aim to address this issue. Representatives Combs and Domenick are working on a bipartisan bill that will require in specified situations the verification of immigration status of persons who are not United States citizens, to impose state income taxes at a rate of six per cent per annum on the compensation of specified independent contractors who fail to document such verification, and to restrict the employment, transport, post-secondary education benefits, driver's licenses and identification cards, and receipt of public benefits of persons who are not legal residents of the United States. The bill was introduced in September and so far, has not been introduced to a committee.



The Reference Committee is responsible for assigning a bill to a committee. The House Reference Committee is made up of Representatives Husted (Chair), DeWine (Vice Chair), Flowers (Member), Setzer (Member), Beatty (Ranking Minority Member), Koziura (Member) and Redfern (Member). If you are curious as to why the bill has not been assigned to a committee I would suggest contacting them.



I hope that this information helps. Please do not hesitate if we may be of more assistance. Senator Roberts enjoys hearing from his constituents and tries helping in any way possible.



Thank you,



Erica Castle

Office of State Senator Tom Roberts

5th District

Ohio Statehouse, Suite 128

Columbus, Ohio 43215

Phone (614) 466-6247

Fax (614) 644-6164

ecastle@maild.sen.state.oh.us