sb1611 - 501R - Senate Fact Sheet

ARIZONA STATE SENATE

Fiftieth Legislature, First Regular Session

FACT SHEET FOR S.B. 1611

immigration omnibus

Purpose

Makes omnibus changes to statutes relating to immigration. Specifies that it is unlawful for a person to operate a motor vehicle in Arizona if the person is unlawfully present in the U.S. Requires demonstration of lawful presence for obtaining public housing, a vehicle title and registration, community college or university admission or any public benefit.

Background

Public Benefits

Proposition 200 was approved by the voters in 2004. It requires state and local governments to verify the identity of all applicants for certain public benefits and government employees to report U.S. immigration law violations by applicants for public benefits. Under the proposition, failure to report is a class 2 misdemeanor, both for the employee and for the employee’s supervisor if he or she knew about the failure to report.

Sections 1-501 and 1-502, A.R.S., require a recipient of a public benefit to present one of the following documents demonstrating lawful presence to the entity that administers the benefit: 1) an Arizona driver’s license issued after 1996 or an Arizona nonoperating identification license; 2) a birth certificate, delayed birth certificate or U.S. certificate of birth abroad; 3) a U.S. passport or foreign passport with a U.S. visa; 4) an I-94 travel authorization with a photograph; 5) a U.S. Citizenship and Immigration Services employment authorization document or refugee travel document; 6) a U.S. certificate of naturalization or certificate of citizenship; or 7) a Tribal certificate of Indian blood or Bureau of Indian Affairs affidavit of birth. Currently, these documents are only required for benefits that require participants to be citizens or legal residents of the U.S., or otherwise lawfully present. 8 U.S.C. § 1611 prohibits the provision of state and local public benefits to undocumented immigrants, with several exceptions, such as emergency health care and public health assistance for immunizations. S.B. 1611 requires documentation for all public benefits.

School Requirements

Currently, a school or school district must notify a person enrolling a pupil for the first time that within 30 days, the person must provide: 1) a certified copy of the pupil’s birth certificate or 2) other reliable proof of the pupil’s identity and age, including the pupil’s baptismal certificate, application for a social security number or original school registration records, and an affidavit explaining the inability to provide a copy of the birth certificate. This documentation must also be provided to the county school superintendent if a child is instructed at home. If the person enrolling the pupil or home schooling the child does not comply with that requirement or the affidavit appears inaccurate or suspicious in form or content, the school, school district or superintendent must refer the case to the local law enforcement agency (A.R.S. § 15-828).

Consular Cards

The Vienna Convention on Consular Relations (VCCR) is an agreement that governs consular relations among approximately 165 nations. Under the VCCR, countries can conduct various consular functions, such as issuing travel documents and passports to their citizens. According to the federal Government Accounting Office, consular identification cards (CID) are issued by some governments to help identify their citizens residing in a foreign country. CID holders can be either undocumented aliens living in the U.S. or legal residents. CIDs may be accepted for identification purposes by financial institutions, law enforcement agencies, and state and local governments in the U.S.

The fiscal impact associated with this legislation is undetermined at this time.

Provisions

Public Benefits

1. Requires documentation demonstrating lawful presence in the U.S. for all federal public benefits, including those that do not require participants to be U.S. citizens, legal residents or otherwise lawfully present.

2. Eliminates the requirement that, for the purposes of administering the Arizona Health Care Cost Containment System (AHCCCS), documentation of citizenship and legal residence must conform to the requirements of Title XIX of the Social Security Act.

3. Removes the ability of state agencies and political subdivisions to allow the following persons to provide documentation as specified in P.L. 109-171; 120 Stat. 81:

a) Tribal members,

b) the elderly, and

c) persons with disabilities or incapacity of the mind or body.

4. Increases the penalty, from a class 2 to a class 1 misdemeanor, for a supervisor who knew of the failure to report and failed to direct the employee to make the report.

5. Extends the requirement to compel applicants for state or local public benefits to submit documentation of lawful presence to any person who administers or processes such benefits. Currently this requirement only applies to employees of state agencies and political subdivisions.

6. Increases, from a class 2 to a class 1 misdemeanor, the penalty for the following persons who fail to report discovered violations of federal immigration law:

a) employees of state agencies or political subdivisions that administer federal public benefits;

b) any person who administers or processes any state or local public benefit.

7. Specifies that state or local public benefit includes commercial or professional licenses, benefits provided by the public retirement systems and plans of this state, and services widely available to the general population as a whole.

Public Housing

8. Requires a public housing authority, city, town or county (PHA) to require that a person who is applying for public housing provide verification of U.S. citizenship or documented verification of qualified alien status.

9. Prohibits a PHA from offering public housing to any person who cannot provide this verification.

10. Requires a PHA to evict all residents of a dwelling unit in rental housing accommodations owned, operated, managed or contracted for by the PHA if a resident of that unit allows a person who is in the U.S. illegally to reside in that unit.

11. Classifies violating these requirements as a class 1 misdemeanor.

Unlawful Vehicle Operation by an Alien

12. Specifies that it is unlawful for a person to operate a motor vehicle in Arizona if the person is unlawfully present in the U.S.

13. Requires the court, if a person is convicted of unlawful vehicle operation, to:

a) order the motor vehicle operated by the person at the time of the offense forfeited, in addition to any other penalty imposed by law;

b) sentence the person to serve at least 30 consecutive days in jail and the person is not eligible for probation or suspension of execution of sentence unless the entire sentence is served; and

c) order the person to pay incarceration costs.

14. Requires any property subject to forfeiture and all interests in that property to be disposed of and allocated pursuant to current law, but requires all monies to be deposited in the state General Fund.

15. Permits, in the enforcement of this section, a person’s immigration status to be determined by:

a) a law enforcement officer who is authorized by the federal government to verify or ascertain a person’s immigration status; or

b) the U.S. Immigration and Customs Enforcement or Customs and Border Protection.

16. Requires ADOT to immediately revoke the license of a driver on receipt of a record of the driver’s:

a) conviction of unlawful vehicle operation by an alien, if the conviction is final; or

b) forfeiture of bail on such a charge, which is not vacated.

Vehicle Title and Registration

17. Requires, if an applicant’s presence in the U.S. is authorized under federal law, a statement by the applicant acknowledging that fact, in an application for the following:

a) a certificate of title to a motor vehicle, trailer or semitrailer; and

b) registration of a motor vehicle, trailer or semitrailer.

18. Requires a person to submit proof satisfactory to the Arizona Department of Transportation (ADOT) that the applicant’s presence in the U.S. is authorized under federal law with an application for a certificate of title to a vehicle previously registered or to a new vehicle.

Specifies that proof of authorized presence for a certificate of title to a vehicle previously registered does not apply to any of the following:

a) a motor vehicle dealer that applies for a certificate of title in the name of the motor vehicle dealer;

b) a financial institution that applies for a certificate of title in the name of the financial institution;

c) an insurer authorized to transact insurance that applies for a certificate of title in the name of the insurer; or

d) this state or a political subdivision that applies for a certificate of title in the name of the state or political subdivision.

19. Specifies that the statement by an applicant acknowledging authorized presence is not required for any of the following:

a) a motor vehicle dealer that applies for registration in the name of the motor vehicle dealer;

b) a financial institution that applies for registration in the name of the financial institution;

c) an insurer authorized to transact insurance that applies for registration in the name of the insurer; or

d) this state or a political subdivision that applies for registration in the name of the state or political subdivision.

20. Requires an applicant to include with a registration application proof satisfactory to ADOT that the applicant’s presence in the U.S. is authorized under federal law, except for registration applications as follows:

a) the situations above, in which the statement by an applicant acknowledging authorized presence is not required;

b) fleet registration;

c) international proportional registration;

d) alternative proportional registration;

e) special registrations;

f) 90 day nonresident registration permits;

g) one trip registration permits;

h) temporary general use registration; and

i) single trip permits.

21. Requires the Director of ADOT, within 90 days after the general effective date, to adopt rules necessary to carry out the requirements related to registration applications.

22. Requires the rules to include procedures for both of the following:

a) verification that the applicant’s presence in the U.S. is authorized under federal law; and

b) issuance of a temporary registration pending verification of the applicant’s status in the U.S.

23. Specifies that an application for a certificate of title due to an electronic lien, the addition of a lien or a duplicate title is not a new application for a certificate of title and the applicant in not required to prove that the applicant’s presence in the U.S. is authorized under federal law.

24. Stipulates that an application for a certificate of title due to an additional owner is a new application and the statement and proof of authorized presence is required.

25. Requires, if an application for a certificate of title or for registration is in the name of a business entity, the person authorized to sign for the business entity to prove that the person’s presence in the U.S. is authorized under federal law.

26. Requires the Director of ADOT, within 90 days after the general effective date, to adopt rules necessary to carry out the requirements related to certificates of title.

27. Requires the rules to include procedures for all of the following:

a) verification that the applicant’s presence in the U.S. is authorized under federal law;

b) issuance of a temporary registration pending verification of the applicant’s status in the U.S.; and

c) persons who are licensed or authorized by ADOT to perform title and registration functions to comply with these requirements.

28. Specifies that a driver license issued in this state on or after October 1, 1996 is evidence that the applicant’s presence in the U.S. is authorized under federal law.

29. Removes the requirement for ADOT:

a) to retrieve license plates and registration cards for a vehicle whose registration has been cancelled, suspended, revoked or denied; and

b) to cancel the registration of a vehicle if the person to whom the registration card or license plates have been issued makes unlawful use of the vehicle or permits the use of the vehicle by a person not entitled to the use.

30. Requires ADOT to note the cancellation, suspension, revocation or denial of a vehicle registration on its computerized records and make the record available electronically to law enforcement agencies.

31. Requires a law enforcement officer to access the ADOT computer system to determine if there is a notice of valid cancellation, suspension, revocation or denial of a vehicle registration applicable to the vehicle, on an investigation of:

a) a vehicle accident; or

b) an alleged violation of the vehicle laws of this state or a traffic ordinance of a local authority.

32. Permits the law enforcement officer, in addition to any other penalties provided by law, to confiscate the license plate and registration card of a vehicle if the officer has reasonable cause to believe either of the following:

a) the ADOT report indicates that there is a notice of cancellation, suspension, revocation or denial of the vehicle registration; or

b) the person to whom the registration card or license plate has been issued makes an unlawful use of the vehicle or allows the use of the vehicle by a person not entitle to the use.

Schools

33. Removes the requirement for a school or school district to notify a person enrolling a pupil that within 30 days the person must provide a certified copy of the pupil’s birth certificate or other reliable proof of the pupil’s identity and age.

34. Requires a school or school district to notify a person enrolling a pupil that within 30 days the person must provide one of the following documents:

a) a birth certificate or delayed birth certificate issued in any state, territory or possession of the U.S.;

b) a U.S. passport or certificate of birth abroad;

c) a foreign passport with a U.S. visa;

d) an I-94 form with a photograph;

e) a U.S. Citizenship and Immigration Services employment authorization document or refugee travel document;

f) a U.S. certificate of naturalization or certificate of citizenship;

g) a Tribal certificate of Indian blood;

h) a Tribal or Bureau of Indian Affairs affidavit of birth; or

i) an Arizona driver license issued after 1996 or an Arizona nonoperating identification license.

35. Requires the custodian of a home schooled child, within 30 days after the home instruction begins, to provide the one of the above documents to the county school superintendent of the county where the child resides.

36. Removes the requirement for the custodian of a child who will be home schooled, within 30 days after home instruction of the child begins, to provide the county school superintendent of the county in which a child resides:

a) a certified copy of the pupil’s birth certificate; or

b) other reliable proof of the pupil’s identity and age.

37. Requires the school, school district or superintendent to notify the Arizona Department of Education, in addition to referring the case to local law enforcement, if:

a) the person does not comply with the documentation requirements, or

b) if an affidavit is received that appears inaccurate or suspicious in form or content.

38. Prohibits a community college district governing board and the Arizona Board of Regents from admitting any student who does not demonstrate lawful presence in the U.S. through any of the above documents.

E-Verify

39. Requires the Attorney General (AG) to provide a notice of noncompliance to any employer who does not provide proof that the employer is registered with and is participating in the E-Verify Program.

40. Requires the court to suspend all licenses that are held by the employer:

a) if the employer is not in compliance six months after the AG provides notice of noncompliance; and

b) on application by the AG.

41. Requires all licenses suspended because of noncompliance to remain suspended until the employer participates in the E-Verify Program.

42. Specifies licenses subject to such a suspension include all licenses held by the employer at the employer’s primary place of business.

Miscellaneous

43. Requires the court to order that as an initial term of probation a person be imprisoned in county jail for at least 180 consecutive days if:

a) the person is convicted of aggravated identity theft with the intent to obtain employment, and

b) the court sentences the person to a term of probation.

44. Prohibits a person from being admitted to bail if the proof is evident or the presumption great that the person is guilty of a class 5 or 6 felony if there is probable cause to believe that the person has entered or remained in the U.S. illegally.

45. Expands the ban on issuing a license to an individual if the individual does not provide documentation of citizenship or alien status to all agency permits, certificates, approvals, registrations, charters or similar forms of authorization that are required by law and issued by any agency. Currently this prohibition is limited to business licenses.

46. Specifies that the Fingerprinting Division within the Department of Public Safety must issue fingerprint clearance cards only after the person or applicant has provided documentation of citizenship or alien status by presenting any of the following documents:

a) an Arizona driver license issued after 1996 or an Arizona nonoperating identification license;

b) a driver license issued by a state that verifies lawful presence in the U.S.;

c) a birth certificate or delayed birth certificate issued in any state, territory or possession of the U.S.;

d) a U.S. passport or certificate of birth abroad;

e) a foreign passport with a U.S. visa;

f) an I-94 form with a photograph;

g) a U.S. Citizenship and Immigration Services employment authorization document or refugee travel document;

h) a U.S. certificate of citizenship or naturalization;

i) a Tribal certificate of Indian blood; or

j) a Tribal or Bureau of Indian Affairs affidavit of birth.

47. Requires the Arizona Peace Officer Standard and Training Board to revoke the certification of any officer who refuses to uphold the U.S. and Arizona Constitutions and enforce the laws of this state.

48. Prohibits the state and political subdivisions from accepting a CID that is issued by a foreign government as a valid form of identification.

49. Makes technical and conforming changes.

50. Becomes effective on the general effective date.

Prepared by Senate Research

February 22, 2011

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