| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY READSHAW, CLYMER, KORTZ, GEIST, BARRAR, DAY, GABLER, GIBBONS, GROVE, HARHAI, HUTCHINSON, KAUFFMAN, KULA, MAHONEY, METCALFE, MILLARD, MOUL, PETRARCA, SWANGER, TALLMAN AND VULAKOVICH, FEBRUARY 1, 2011 |
| |
| |
| REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 1, 2011 |
| |
| |
| |
| AN ACT |
| |
1 | Amending the act of April 9, 1929 (P.L.177, No.175), entitled |
2 | "An act providing for and reorganizing the conduct of the |
3 | executive and administrative work of the Commonwealth by the |
4 | Executive Department thereof and the administrative |
5 | departments, boards, commissions, and officers thereof, |
6 | including the boards of trustees of State Normal Schools, or |
7 | Teachers Colleges; abolishing, creating, reorganizing or |
8 | authorizing the reorganization of certain administrative |
9 | departments, boards, and commissions; defining the powers and |
10 | duties of the Governor and other executive and administrative |
11 | officers, and of the several administrative departments, |
12 | boards, commissions, and officers; fixing the salaries of the |
13 | Governor, Lieutenant Governor, and certain other executive |
14 | and administrative officers; providing for the appointment of |
15 | certain administrative officers, and of all deputies and |
16 | other assistants and employes in certain departments, boards, |
17 | and commissions; and prescribing the manner in which the |
18 | number and compensation of the deputies and all other |
19 | assistants and employes of certain departments, boards and |
20 | commissions shall be determined," providing for immigration |
21 | matters; and imposing penalties and duties on the Department |
22 | of Labor and Industry, Pennsylvania State Police, Secretary |
23 | of State and Attorney General. |
24 | The General Assembly of the Commonwealth of Pennsylvania |
25 | hereby enacts as follows: |
26 | Section 1. The act of April 9, 1929 (P.L.177, No.175), known |
27 | as The Administrative Code of 1929, is amended by adding an |
|
1 | article to read: |
2 | ARTICLE XXVIII-D |
3 | IMMIGRATION MATTERS |
4 | Section 2801-D. Short title. |
5 | This article shall be known and may be cited as the Taxpayer |
6 | and Citizen Protection Act of 2009. |
7 | Section 2802-D. Legislative findings and declarations. |
8 | The General Assembly finds and declares as follows: |
9 | (1) Illegal immigration is causing economic hardship and |
10 | lawlessness in this Commonwealth and illegal immigration is |
11 | encouraged by public agencies within this Commonwealth that |
12 | provide public benefits without verifying immigration status. |
13 | (2) Illegal immigrants have been harbored, sheltered and |
14 | encouraged to reside in this Commonwealth through the |
15 | issuance of identification cards that are issued without |
16 | verifying immigration status. |
17 | (3) These practices impede and obstruct the enforcement |
18 | of Federal immigration law, undermine the security of our |
19 | borders and impermissibly restrict the privileges and |
20 | immunities of the citizens of this Commonwealth. |
21 | (4) It is, therefore, a compelling public interest of |
22 | the Commonwealth to discourage illegal immigration by |
23 | requiring all agencies within this Commonwealth to fully |
24 | cooperate with Federal immigration authorities in the |
25 | enforcement of Federal immigration laws. |
26 | (5) The Commonwealth also finds that other measures are |
27 | necessary to ensure the integrity of various governmental |
28 | programs and services. |
29 | Section 2803-D. Prohibitions. |
30 | (a) Transportation.--It shall be unlawful for any person to |
|
1 | transport, move or attempt to transport within the United States |
2 | any alien knowing or in reckless disregard of the fact that the |
3 | alien has come to, entered or remained in the United States in |
4 | violation of law, in furtherance of the illegal presence of the |
5 | alien in the United States. |
6 | (b) Concealment.--It shall be unlawful for any person to |
7 | conceal, harbor or shelter from detection an alien in any place, |
8 | including any building or means of transportation, knowing or in |
9 | reckless disregard of the fact that the alien has come to, |
10 | entered or remained in the United States in violation of law. |
11 | (c) Penalty.--Any person violating the provisions of |
12 | subsection (a) or (b) commits a misdemeanor of the third degree. |
13 | Section 2804-D. Identification papers. |
14 | (a) Creation.--The following entities may create, publish or |
15 | otherwise manufacture an identification document, identification |
16 | card or identification certificate and may possess an engraved |
17 | plate or other device for the printing of identification, |
18 | provided that the name of the issuing entity shall be clearly |
19 | printed upon the face of the identification: |
20 | (1) Federal, State and local government agencies for |
21 | purposes authorized or required by law or any legitimate |
22 | purpose consistent with the duties of an agency, including, |
23 | but not limited to, voter identification cards, driver's |
24 | licenses, nondriver identification cards, passports, birth |
25 | certificates and Social Security cards. |
26 | (2) Any public school, State or private educational |
27 | institution to identify the bearer as an administrator, |
28 | faculty member, student or employee. |
29 | (b) Issuance.--All identification papers provided for in |
30 | subsection (a)(1) or (2) shall be issued only to United States |
|
1 | citizens, legal permanent resident aliens or holders of valid |
2 | unexpired nonimmigrant visas. |
3 | (c) Exceptions.--The provisions of subsection (b) shall not |
4 | apply when an applicant presents, in person, valid documentary |
5 | evidence of one of the following: |
6 | (1) A valid, unexpired immigrant or nonimmigrant visa |
7 | status for admission into the United States. |
8 | (2) A pending or approved application for asylum in the |
9 | United States. |
10 | (3) An admission into the United States in refugee |
11 | status. |
12 | (4) A pending or approved application for temporary |
13 | protected status in the United States. |
14 | (5) An approved deferred action status. |
15 | (6) A pending application for adjustment of status to |
16 | legal permanent resident status or conditional resident |
17 | status. |
18 | Upon approval, the applicant may be issued an identification |
19 | document provided for in subsection (a)(1) or (2). |
20 | (d) Duration of validity.--The identification papers shall |
21 | be valid only during the period of time of the authorized stay |
22 | of the applicant in the United States or, if there is no |
23 | definite end to the period of authorized stay, for a period of |
24 | one year. |
25 | (e) Marking and expiration.--Any identification document |
26 | issued pursuant to this section shall clearly indicate that it |
27 | is temporary and shall state the date that the identification |
28 | document expires. |
29 | (f) Renewal.--The identification document may be renewed |
30 | only upon presentation of valid documentary evidence that the |
|
1 | status by which the applicant qualified for the identification |
2 | document has been extended by the United States Immigration and |
3 | Naturalization Service or the Bureau of Citizenship and |
4 | Immigration Services of the United States Department of Homeland |
5 | Security. |
6 | (g) Presumption.--A driver's license for which an |
7 | application has been made for renewal, duplication or reissuance |
8 | shall be presumed to have been issued in accordance with the |
9 | provisions of subsection (c), provided that, at the time the |
10 | application is made, the driver's license has not expired or |
11 | been canceled, suspended or revoked. The requirements of |
12 | subsection (c) shall apply, however, to a renewal, duplication |
13 | or reissuance if the Pennsylvania State Police are notified by a |
14 | Federal, State or local agency that the individual seeking the |
15 | renewal, duplication or reissuance is neither a citizen of the |
16 | United States nor legally in the United States. |
17 | Section 2805-D. Determination of citizenship status. |
18 | (a) Arrest.--When a person charged with a felony or with |
19 | driving under the influence under 75 Pa.C.S. § 3802 (relating to |
20 | driving under influence of alcohol or controlled substance) is |
21 | confined for any period, a reasonable effort shall be made to |
22 | determine the citizenship status of the person confined. |
23 | (b) Verification.--If the prisoner is a foreign national, |
24 | the keeper of the jail or other officer shall make a reasonable |
25 | effort to verify that the prisoner has been lawfully admitted to |
26 | the United States and, if lawfully admitted, that the lawful |
27 | status has not expired. If verification of lawful status cannot |
28 | be made from documents in the possession of the prisoner, |
29 | verification shall be made within 48 hours through a query to |
30 | the Law Enforcement Support Center of the United States |
|
1 | Department of Homeland Security or other office or agency |
2 | designated for that purpose by the United States Department of |
3 | Homeland Security. If the prisoner is determined not to be |
4 | lawfully admitted to the United States, the keeper of the jail |
5 | or other officer shall notify the United States Department of |
6 | Homeland Security. |
7 | (c) Flight risk.--For the purpose of determining the grant |
8 | of or issuance of bond, a person whose citizenship status has |
9 | been verified pursuant to subsection (b) to be a foreign |
10 | national who has not been lawfully admitted to the United States |
11 | shall be deemed to be a risk of flight. |
12 | Section 2806-D. Basic pilot program. |
13 | (a) Registration of public employers.--Every public employer |
14 | shall register and participate in the basic pilot program to |
15 | verify the work authorization status of all new employees. |
16 | (b) Contracting for services.-- |
17 | (1) No public employer shall enter into a contract for |
18 | the physical performance of services within this Commonwealth |
19 | unless the contractor registers and participates in the basic |
20 | pilot program to verify the work authorization status of all |
21 | new employees. |
22 | (2) No contractor or subcontractor who enters a contract |
23 | with a public employer shall enter into a contract or |
24 | subcontract in connection with the physical performance of |
25 | services within this Commonwealth unless the contractor or |
26 | subcontractor registers and participates in the basic pilot |
27 | program to verify information of all new employees. |
28 | (3) The discharge of any United States citizen or |
29 | permanent resident alien employee by an employer of this |
30 | Commonwealth, who, on the date of the discharge employed an |
|
1 | unauthorized alien, shall be an unfair method of competition |
2 | and an unfair or deceptive act or practice in or affecting |
3 | trade and commerce in this Commonwealth within the meaning of |
4 | section 3 of the act of December 17, 1968 (P.L.1224, No.387), |
5 | known as the Unfair Trade Practices and Consumer Protection |
6 | Law. The discharged employee shall have a private cause of |
7 | action for the unfair method of competition and an unfair or |
8 | deceptive act or practice in or affecting trade and commerce. |
9 | (c) Enforcement.--The provisions of this section shall be |
10 | enforced without regard to race or national origin. |
11 | (d) Department of Labor and Industry.--The Department of |
12 | Labor and Industry shall prescribe forms and promulgate rules |
13 | and regulations deemed necessary in order to administer and |
14 | effectuate the provisions of this section and publish the rules |
15 | and regulations on the Department of Labor and Industry's public |
16 | website. |
17 | (e) Definitions.--The following words and phrases when used |
18 | in this section shall have the meanings given to them in this |
19 | subsection unless the context clearly indicates otherwise: |
20 | "Basic pilot program." The electronic verification of work |
21 | authorization program of the Illegal Immigration Reform and |
22 | Immigrant Responsibility Act of 1996 (Public Law 104-208, 110 |
23 | Stat. 3009-655) and operated by the United States Department of |
24 | Homeland Security or any equivalent Federal work authorization |
25 | program operated by the United States Department of Homeland |
26 | Security or any other designated Federal agency authorized to |
27 | verify the work authorization status of newly hired employees |
28 | under the Immigration Reform and Control Act of 1986 (Public Law |
29 | 99-603, 100 Stat. 3359). |
30 | "Public employer." Every department, agency or |
|
1 | instrumentality of the Commonwealth or a political subdivision |
2 | of the Commonwealth. |
3 | "Subcontractor." A subcontractor, contract employee or |
4 | staffing agency. |
5 | Section 2807-D. Verification of lawful presence. |
6 | (a) General rule.--Except as provided in subsection (c) or |
7 | where exempted by Federal law, every Commonwealth agency or |
8 | political subdivision of the Commonwealth shall verify the |
9 | lawful presence in the United States of any natural person 14 |
10 | years of age or older who has applied for State or local public |
11 | benefits as defined in 8 U.S.C. § 1621 (relating to aliens who |
12 | are not qualified aliens or nonimmigrants ineligible for State |
13 | and local public benefits) or for Federal public benefits, as |
14 | defined in 8 U.S.C. § 1611 (relating to aliens who are not |
15 | qualified aliens ineligible for Federal public benefits) |
16 | administered by a Commonwealth agency or a political subdivision |
17 | of this Commonwealth. |
18 | (b) Discrimination prohibited.--The provisions of this |
19 | section shall be enforced without regard to race, religion, |
20 | gender, ethnicity or national origin. |
21 | (c) Exceptions.--Verification of lawful presence under the |
22 | provisions of this section shall not be required: |
23 | (1) for any purpose for which lawful presence in the |
24 | United States is not restricted by law, ordinance or |
25 | regulation; |
26 | (2) for assistance for health care items and services |
27 | that are necessary for the treatment of an emergency medical |
28 | condition, as defined in 42 U.S.C. § 1396b(v)(3) (relating to |
29 | payment to states), of the alien involved and are not related |
30 | to an organ transplant procedure; |
|
1 | (3) for short-term, noncash, in-kind emergency disaster |
2 | relief; |
3 | (4) for programs, services or assistance for soup |
4 | kitchens, crisis counseling and intervention and short-term |
5 | shelter specified by the United States Attorney General, in |
6 | the sole and unreviewable discretion of the United States |
7 | Attorney General after consultation with appropriate Federal |
8 | agencies and departments, which: |
9 | (i) deliver in-kind services at the community level, |
10 | including through public or private nonprofit agencies; |
11 | (ii) do not condition the provision of assistance, |
12 | the amount of assistance provided or the cost of |
13 | assistance provided on the income or resources of the |
14 | individual recipient; and |
15 | (iii) are necessary for the protection of life or |
16 | safety; |
17 | (5) for public health assistance for immunizations with |
18 | respect to diseases and for testing and treatment of symptoms |
19 | of communicable diseases whether or not the symptoms are |
20 | caused by a communicable disease; or |
21 | (6) for prenatal care. |
22 | (d) Affidavit.--Verification of lawful presence in the |
23 | United States by the agency or political subdivision required to |
24 | make the verification shall require that the applicant execute |
25 | an affidavit under penalty of perjury that applicant is: |
26 | (1) a United States citizen; or |
27 | (2) a qualified alien under the Immigration and |
28 | Nationality Act (66 Stat. 163, 8 U.S.C. § 1101 et seq.) and |
29 | is lawfully present in the United States. |
30 | (e) Eligibility verification.--For any applicant who has |
|
1 | executed the affidavit described in subsection (d)(2), |
2 | eligibility for benefits shall be made through the Systematic |
3 | Alien Verification of Entitlement Program operated by the United |
4 | States Department of Homeland Security or a successor program |
5 | designated by the United States Department of Homeland Security. |
6 | Until the eligibility verification is made, the affidavit may be |
7 | presumed to be proof of lawful presence for the purposes of this |
8 | section. |
9 | (f) False statements.--Any person who knowingly and |
10 | willfully makes a false, fictitious or fraudulent statement of |
11 | representation in an affidavit executed under subsection (d) |
12 | shall be subject to criminal penalties applicable in this |
13 | Commonwealth for fraudulently obtaining public assistance |
14 | program benefits. If the affidavit constitutes a false claim of |
15 | United States citizenship under 18 U.S.C. § 911 (relating to |
16 | citizen of the United States), a complaint shall be filed by the |
17 | agency requiring the affidavit with the United States Attorney |
18 | for the Middle District of Pennsylvania. |
19 | (g) Adoption of variations.--Commonwealth agencies or |
20 | political subdivisions of this Commonwealth may adopt variations |
21 | to the requirements of this section which demonstrably improve |
22 | the efficiency or reduce delay in the verification process or |
23 | which provide for adjudication of unique individual |
24 | circumstances where the verification procedures in this section |
25 | would impose undue hardship on a legal resident of this |
26 | Commonwealth. |
27 | (h) Prohibition.--It shall be unlawful for a Commonwealth |
28 | agency or a political subdivision of the Commonwealth to provide |
29 | any Federal, State or local benefit, as defined in 8 U.S.C. § |
30 | 1611 or § 1621, in violation of the provisions of this section. |
|
1 | (i) Annual report.--Each Commonwealth agency or department |
2 | which administers a program of State or local public benefits |
3 | shall provide an annual report to the Secretary of State with |
4 | respect to its compliance with this section. Errors shall be |
5 | reported to the United States Department of Homeland Security by |
6 | the Secretary of State. The Secretary of State shall monitor the |
7 | Systematic Alien Verification of Entitlement Program and its |
8 | verification application errors and significant delays and shall |
9 | provide an annual public report on the errors and significant |
10 | delays and make recommendations to ensure that the application |
11 | of the Systematic Alien Verification of Entitlement Program is |
12 | not erroneously denying benefits to legal residents of this |
13 | Commonwealth. |
14 | Section 2808-D. Employers. |
15 | (a) Withholding requirement.--The employer shall be required |
16 | to withhold 6% of the amount of compensation paid to an |
17 | individual, which compensation is required to be reported on |
18 | Form 1099 and with respect to which the individual has failed to |
19 | provide a valid Social Security number issued by the United |
20 | States Social Security Administration. |
21 | (b) Tax liability.--Any employer who fails to comply with |
22 | the withholding requirements of this section shall be liable for |
23 | the taxes required to have been withheld unless the employer is |
24 | exempt from the Federal withholding requirement with respect to |
25 | the individual pursuant to a properly filed Internal Revenue |
26 | Service Form 8233 or its equivalent and has provided a copy of |
27 | the form to the Department of Revenue. |
28 | Section 2809-D. Memorandum of Understanding. |
29 | (a) Attorney General.--The Attorney General is authorized |
30 | and directed to negotiate the terms of a Memorandum of |
|
1 | Understanding between the Commonwealth and the United States |
2 | Department of Justice or the United States Department of |
3 | Homeland Security concerning the enforcement of Federal |
4 | immigration and custom laws, detention and removals, and |
5 | investigations in this Commonwealth. |
6 | (b) Signatories.--The Memorandum of Understanding negotiated |
7 | pursuant to subsection (a) shall be signed on behalf of the |
8 | Commonwealth by the Governor and the Attorney General or as |
9 | otherwise required by the appropriate Federal agency. |
10 | (c) Local governments.--No local government, whether acting |
11 | through its governing body or by an initiative, referendum or |
12 | any other process, shall enact any ordinance or policy that |
13 | limits or prohibits a law enforcement officer, local official or |
14 | local government employee from communicating or cooperating with |
15 | Federal officials with regard to the immigration status of any |
16 | person within this Commonwealth. |
17 | (d) Commonwealth entities.--Notwithstanding any other |
18 | provision of law, no government entity or official within this |
19 | Commonwealth may prohibit or in any way restrict a government |
20 | entity or official from sending to or receiving from the United |
21 | States Department of Homeland Security information regarding the |
22 | citizenship or immigration status, lawful or unlawful, of an |
23 | individual. |
24 | (e) Persons or agencies.--Notwithstanding any other |
25 | provision of law, no person or agency may prohibit or in any way |
26 | restrict a public employee from doing any of the following with |
27 | respect to information regarding the immigration status, lawful |
28 | or unlawful, of any individual: |
29 | (1) sending the information to or requesting or |
30 | receiving the information from the United States Department |
|
1 | of Homeland Security; |
2 | (2) maintaining the information; or |
3 | (3) exchanging the information with any other Federal, |
4 | State or local government entity. |
5 | (f) Writ of mandamus.--The provisions of this section shall |
6 | allow any natural or legal person lawfully domiciled in this |
7 | Commonwealth to file for a writ of mandamus to compel any |
8 | noncooperating State or local governmental agency to comply with |
9 | the reporting laws. |
10 | Section 2. This act shall take effect in 60 days. |
|
