THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY READSHAW, SIPTROTH, SOLOBAY, BARRAR, CASORIO, CUTLER, EVERETT, FAIRCHILD, GOODMAN, GRUCELA, HALUSKA, KAUFFMAN, KORTZ, KOTIK, MOUL, MUSTIO, RAPP, SEIP, STEVENSON, SWANGER, HORNAMAN AND VULAKOVICH, APRIL 3, 2009

REFERRED TO COMMITTEE ON INTERGOVERNMENTAL AFFAIRS, APRIL 3, 2009  

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled

"An act providing for and reorganizing the conduct of the

executive and administrative work of the Commonwealth by the

Executive Department thereof and the administrative

departments, boards, commissions, and officers thereof,

including the boards of trustees of State Normal Schools, or

Teachers Colleges; abolishing, creating, reorganizing or

authorizing the reorganization of certain administrative

departments, boards, and commissions; defining the powers and

duties of the Governor and other executive and administrative

officers, and of the several administrative departments,

boards, commissions, and officers; fixing the salaries of the

Governor, Lieutenant Governor, and certain other executive

and administrative officers; providing for the appointment of

certain administrative officers, and of all deputies and

other assistants and employes in certain departments, boards,

and commissions; and prescribing the manner in which the

number and compensation of the deputies and all other

assistants and employes of certain departments, boards and

commissions shall be determined," providing for immigration

matters; and imposing penalties and duties on the Department

of Labor and Industry, Pennsylvania State Police, Secretary

of State and Attorney General.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of April 9, 1929 (P.L.177, No.175), known

as The Administrative Code of 1929, is amended by adding an

article to read:

ARTICLE XXVIII-D

IMMIGRATION MATTERS

Section 2801-D.  Short title.

This article shall be known and may be cited as the Taxpayer

and Citizen Protection Act of 2009.

Section 2802-D.  Legislative findings and declarations.

The General Assembly finds and declares as follows:

(1)  Illegal immigration is causing economic hardship and

lawlessness in this Commonwealth and illegal immigration is

encouraged by public agencies within this Commonwealth that

provide public benefits without verifying immigration status.

(2)  Illegal immigrants have been harbored, sheltered and

encouraged to reside in this Commonwealth through the

issuance of identification cards that are issued without

verifying immigration status.

(3)  These practices impede and obstruct the enforcement

of Federal immigration law, undermine the security of our

borders and impermissibly restrict the privileges and

immunities of the citizens of this Commonwealth.

(4)  It is, therefore, a compelling public interest of

the Commonwealth to discourage illegal immigration by

requiring all agencies within this Commonwealth to fully

cooperate with Federal immigration authorities in the

enforcement of Federal immigration laws.

(5)  The Commonwealth also finds that other measures are

necessary to ensure the integrity of various governmental

programs and services.

Section 2803-D.  Prohibitions.

(a)  Transportation.--It shall be unlawful for any person to

transport, move or attempt to transport within the United States

any alien knowing or in reckless disregard of the fact that the

alien has come to, entered or remained in the United States in

violation of law, in furtherance of the illegal presence of the

alien in the United States.

(b)  Concealment.--It shall be unlawful for any person to

conceal, harbor or shelter from detection an alien in any place,

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)  Penalty.--Any person violating the provisions of

subsection (a) or (b) commits a misdemeanor of the third degree.

Section 2804-D.  Identification papers.

(a)  Creation.--The following entities may create, publish or

otherwise manufacture an identification document, identification

card or identification certificate and may possess an engraved

plate or other device for the printing of identification,

provided that the name of the issuing entity shall be clearly

printed upon the face of the identification:

(1)  Federal, State and local government agencies for

purposes authorized or required by law or any legitimate

purpose consistent with the duties of an agency, including,

but not limited to, voter identification cards, driver's

licenses, nondriver identification cards, passports, birth

certificates and Social Security cards.

(2)  Any public school, State or private educational

institution to identify the bearer as an administrator,

faculty member, student or employee.

(b)  Issuance.--All identification papers provided for in

subsection (a)(1) or (2) shall be issued only to United States

citizens, legal permanent resident aliens or holders of valid

unexpired nonimmigrant visas.

(c)  Exceptions.--The provisions of subsection (b) shall not

apply when an applicant presents, in person, valid documentary

evidence of one of the following:

(1)  A valid, unexpired immigrant or nonimmigrant visa

status for admission into the United States.

(2)  A pending or approved application for asylum in the

United States.

(3)  An admission into the United States in refugee

status.

(4)  A pending or approved application for temporary

protected status in the United States.

(5)  An approved deferred action status.

(6)  A pending application for adjustment of status to

legal permanent resident status or conditional resident

status.

Upon approval, the applicant may be issued an identification

document provided for in subsection (a)(1) or (2).

(d)  Duration of validity.--The identification papers shall

be valid only during the period of time of the authorized stay

of the applicant in the United States or, if there is no

definite end to the period of authorized stay, for a period of

one year.

(e)  Marking and expiration.--Any identification document

issued pursuant to this section shall clearly indicate that it

is temporary and shall state the date that the identification

document expires.

(f)  Renewal.--The identification document may be renewed

only upon presentation of valid documentary evidence that the

status by which the applicant qualified for the identification

document has been extended by the United States Immigration and

Naturalization Service or the Bureau of Citizenship and

Immigration Services of the United States Department of Homeland

Security.

(g)  Presumption.--A driver's license for which an

application has been made for renewal, duplication or reissuance

shall be presumed to have been issued in accordance with the

provisions of subsection (c), provided that, at the time the

application is made, the driver's license has not expired or

been canceled, suspended or revoked. The requirements of

subsection (c) shall apply, however, to a renewal, duplication

or reissuance if the Pennsylvania State Police are notified by a

Federal, State or local agency that the individual seeking the

renewal, duplication or reissuance is neither a citizen of the

United States nor legally in the United States.

Section 2805-D.  Determination of citizenship status.

(a)  Arrest.--When a person charged with a felony or with

driving under the influence under 75 Pa.C.S. § 3802 (relating to

driving under influence of alcohol or controlled substance) is

confined for any period, a reasonable effort shall be made to

determine the citizenship status of the person confined.

(b)  Verification.--If the prisoner is a foreign national,

the keeper of the jail or other officer shall make a reasonable

effort to verify that the prisoner has been lawfully admitted to

the United States and, if lawfully admitted, that the lawful

status has not expired. If verification of lawful status cannot

be made from documents in the possession of the prisoner,

verification shall be made within 48 hours through a query to

the Law Enforcement Support Center of the United States

Department of Homeland Security or other office or agency

designated for that purpose by the United States Department of

Homeland Security. If the prisoner is determined not to be

lawfully admitted to the United States, the keeper of the jail

or other officer shall notify the United States Department of

Homeland Security.

(c)  Flight risk.--For the purpose of determining the grant

of or issuance of bond, a person whose citizenship status has

been verified pursuant to subsection (b) to be a foreign

national who has not been lawfully admitted to the United States

shall be deemed to be a risk of flight.

Section 2806-D.  Basic pilot program.

(a)  Registration of public employers.--Every public employer

shall register and participate in the basic pilot program to

verify the work authorization status of all new employees.

(b)  Contracting for services.--

(1)  No public employer shall enter into a contract for

the physical performance of services within this Commonwealth

unless the contractor registers and participates in the basic

pilot program to verify the work authorization status of all

new employees.

(2)  No contractor or subcontractor who enters a contract

with a public employer shall enter into a contract or

subcontract in connection with the physical performance of

services within this Commonwealth unless the contractor or

subcontractor registers and participates in the basic pilot

program to verify information of all new employees.

(3)  The discharge of any United States citizen or

permanent resident alien employee by an employer of this

Commonwealth, who, on the date of the discharge employed an

unauthorized alien, shall be an unfair method of competition

and an unfair or deceptive act or practice in or affecting

trade and commerce in this Commonwealth within the meaning of

section 3 of the act of December 17, 1968 (P.L.1224, No.387),

known as the Unfair Trade Practices and Consumer Protection

Law. The discharged employee shall have a private cause of

action for the unfair method of competition and an unfair or

deceptive act or practice in or affecting trade and commerce.

(c)  Enforcement.--The provisions of this section shall be

enforced without regard to race or national origin.

(d)  Department of Labor and Industry.--The Department of

Labor and Industry shall prescribe forms and promulgate rules

and regulations deemed necessary in order to administer and

effectuate the provisions of this section and publish the rules

and regulations on the Department of Labor and Industry's public

website.

(e)  Definitions.--The following words and phrases when used

in this section shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Basic pilot program."  The electronic verification of work

authorization program of the Illegal Immigration Reform and

Immigrant Responsibility Act of 1996 (Public Law 104-208, 110

Stat. 3009-655) and operated by the United States Department of

Homeland Security or any equivalent Federal work authorization

program operated by the United States Department of Homeland

Security or any other designated Federal agency authorized to

verify the work authorization status of newly hired employees

under the Immigration Reform and Control Act of 1986 (Public Law

99-603, 100 Stat. 3359).

"Public employer."  Every department, agency or

instrumentality of the Commonwealth or a political subdivision

of the Commonwealth.

"Subcontractor."  A subcontractor, contract employee or

staffing agency.

Section 2807-D.  Verification of lawful presence.

(a)  General rule.--Except as provided in subsection (c) or

where exempted by Federal law, every Commonwealth agency or

political subdivision of the Commonwealth shall verify the

lawful presence in the United States of any natural person 14

years of age or older who has applied for State or local public

benefits as defined in 8 U.S.C. § 1621 (relating to aliens who

are not qualified aliens or nonimmigrants ineligible for State

and local public benefits) or for Federal public benefits, as

defined in 8 U.S.C. § 1611 (relating to aliens who are not

qualified aliens ineligible for Federal public benefits)

administered by a Commonwealth agency or a political subdivision

of this Commonwealth.

(b)  Discrimination prohibited.--The provisions of this

section shall be enforced without regard to race, religion,

gender, ethnicity or national origin.

(c)  Exceptions.--Verification of lawful presence under the

provisions of this section shall not be required:

(1)  for any purpose for which lawful presence in the

United States is not restricted by law, ordinance or

regulation;

(2)  for assistance for health care items and services

that are necessary for the treatment of an emergency medical

condition, as defined in 42 U.S.C. § 1396b(v)(3) (relating to

payment to states), of the alien involved and are not related

to an organ transplant procedure;

(3)  for short-term, noncash, in-kind emergency disaster

relief;

(4)  for programs, services or assistance for soup

kitchens, crisis counseling and intervention and short-term

shelter specified by the United States Attorney General, in

the sole and unreviewable discretion of the United States

Attorney General after consultation with appropriate Federal

agencies and departments, which:

(i)  deliver in-kind services at the community level,

including through public or private nonprofit agencies;

(ii)  do not condition the provision of assistance,

the amount of assistance provided or the cost of

assistance provided on the income or resources of the

individual recipient; and

(iii)  are necessary for the protection of life or

safety;

(5)  for public health assistance for immunizations with

respect to diseases and for testing and treatment of symptoms

of communicable diseases whether or not the symptoms are

caused by a communicable disease; or

(6)  for prenatal care.

(d)  Affidavit.--Verification of lawful presence in the

United States by the agency or political subdivision required to

make the verification shall require that the applicant execute

an affidavit under penalty of perjury that applicant is:

(1)  a United States citizen; or

(2)  a qualified alien under the Immigration and

Nationality Act (66 Stat. 163, 8 U.S.C. § 1101 et seq.) and

is lawfully present in the United States.

(e)  Eligibility verification.--For any applicant who has

executed the affidavit described in subsection (d)(2),

eligibility for benefits shall be made through the Systematic

Alien Verification of Entitlement Program operated by the United

States Department of Homeland Security or a successor program

designated by the United States Department of Homeland Security.

Until the eligibility verification is made, the affidavit may be

presumed to be proof of lawful presence for the purposes of this

section.

(f)  False statements.--Any person who knowingly and

willfully makes a false, fictitious or fraudulent statement of

representation in an affidavit executed under subsection (d)

shall be subject to criminal penalties applicable in this

Commonwealth for fraudulently obtaining public assistance

program benefits. If the affidavit constitutes a false claim of

United States citizenship under 18 U.S.C. § 911 (relating to

citizen of the United States), a complaint shall be filed by the

agency requiring the affidavit with the United States Attorney

for the Middle District of Pennsylvania.

(g)  Adoption of variations.--Commonwealth agencies or

political subdivisions of this Commonwealth may adopt variations

to the requirements of this section which demonstrably improve

the efficiency or reduce delay in the verification process or

which provide for adjudication of unique individual

circumstances where the verification procedures in this section

would impose undue hardship on a legal resident of this

Commonwealth.

(h)  Prohibition.--It shall be unlawful for a Commonwealth

agency or a political subdivision of the Commonwealth to provide

any Federal, State or local benefit, as defined in 8 U.S.C. §

1611 or § 1621, in violation of the provisions of this section.

(i)  Annual report.--Each Commonwealth agency or department

which administers a program of State or local public benefits

shall provide an annual report to the Secretary of State with

respect to its compliance with this section. Errors shall be

reported to the United States Department of Homeland Security by

the Secretary of State. The Secretary of State shall monitor the

Systematic Alien Verification of Entitlement Program and its

verification application errors and significant delays and shall

provide an annual public report on the errors and significant

delays and make recommendations to ensure that the application

of the Systematic Alien Verification of Entitlement Program is

not erroneously denying benefits to legal residents of this

Commonwealth.

Section 2808-D.  Employers.

(a)  Withholding requirement.--The employer shall be required

to withhold 6% of the amount of compensation paid to an

individual, which compensation is required to be reported on

Form 1099 and with respect to which the individual has failed to

provide a valid Social Security number issued by the United

States Social Security Administration.

(b)  Tax liability.--Any employer who fails to comply with

the withholding requirements of this section shall be liable for

the taxes required to have been withheld unless the employer is

exempt from the Federal withholding requirement with respect to

the individual pursuant to a properly filed Internal Revenue

Service Form 8233 or its equivalent and has provided a copy of

the form to the Department of Revenue.

Section 2809-D.  Memorandum of Understanding.

(a)  Attorney General.--The Attorney General is authorized

and directed to negotiate the terms of a Memorandum of

Understanding between the Commonwealth and the United States

Department of Justice or the United States Department of

Homeland Security concerning the enforcement of Federal

immigration and custom laws, detention and removals, and

investigations in this Commonwealth.

(b)  Signatories.--The Memorandum of Understanding negotiated

pursuant to subsection (a) shall be signed on behalf of the

Commonwealth by the Governor and the Attorney General or as

otherwise required by the appropriate Federal agency.

(c)  Local governments.--No local government, whether acting

through its governing body or by an initiative, referendum or

any other process, shall enact any ordinance or policy that

limits or prohibits a law enforcement officer, local official or

local government employee from communicating or cooperating with

Federal officials with regard to the immigration status of any

person within this Commonwealth.

(d)  Commonwealth entities.--Notwithstanding any other

provision of law, no government entity or official within this

Commonwealth may prohibit or in any way restrict a government

entity or official from sending to or receiving from the United

States Department of Homeland Security information regarding the

citizenship or immigration status, lawful or unlawful, of an

individual.

(e)  Persons or agencies.--Notwithstanding any other

provision of law, no person or agency may prohibit or in any way

restrict a public employee from doing any of the following with

respect to information regarding the immigration status, lawful

or unlawful, of any individual:

(1)  sending the information to or requesting or

receiving the information from the United States Department

of Homeland Security;

(2)  maintaining the information; or

(3)  exchanging the information with any other Federal,

State or local government entity.

(f)  Writ of mandamus.--The provisions of this section shall

allow any natural or legal person lawfully domiciled in this

Commonwealth to file for a writ of mandamus to compel any

noncooperating State or local governmental agency to comply with

the reporting laws.

Section 2.  This act shall take effect in 60 days.