State & Local Legislation to Watch: April 23, 2013
California AB 4Assembly Bill 4, which prohibits following ICE detainer laws unless the individual: 1) has been convicted of a serious or violent felony; AND 2) continued detention of the individual on the basis of the immigration hold would not violate any federal, state, or local law, or any local policy, was read the second time and ordered to third reading on April 11. The Public Safety Committee voted do pass (Ayes 5-Noes 2.) on April 9.
AB 35Assembly Bill 35, which grants ID cards and unemployment benefits to DACA recipients, passed the Judiciary Committee (9-0) and has been referred to the Transportation Committee and scheduled for hearing on 4.29.2013 at 1:30 p.m. in the State Capitol, Room 4202.
SB 141Senate Bill 141, which grants in-state tuition and financial aid eligibility to any U.S. citizen child whose parent(s) were deported or voluntarily departed the U.S. and 1) moved abroad; 2) lived in California immediately before moving abroad; and 3) attended an elementary or secondary school in California for three or more years, is set for a hearing on April 24 before the Higher Education Committee.
AB 263Assembly Bill 263, which prohibits an employer from discharging an employee or any manner discriminating, retaliating, or taking an adverse action against an employee because the employee updates or attempts to update his or her personal information, unless the changes are directly related to the skill set, qualifications, or knowledge required for the job, was read a second time and amended and re-referred to the Judiciary Committee on April 15.
SB 150Senate Bill 150, which grants in-state tuition rates to illegal alien high school students who attend community college before high school graduation and 1) attended school in California for one year or more; 2) is enrolled in a California high school; 3) is enrolled in a California community college, and signs an affidavit stating he or she has filed an application to legalize their status or will do so when eligible, is set for a hearing on April 24 before the Higher Education Committee.
ColoradoHouse Bill 1258, which repeals the Colorado law that prohibits local sanctuary policies, passed the Senate on April 8 and is awaiting action by the Gov. John Hickenlooper.
FloridaSenate Bill 986, which grants DACA driver’s licenses, has been added to the Rules Committee agenda for April 17.
IndianaSenate Bill 207 exempts illegal aliens, currently receiving in-state tuition rates at state colleges & universities passed the state House on April 15 with amendments (70 to 23) and has been sent back to the state Senate for consideration of the amendments. SB 207 would provide an exemption from current illegal aliens who are students at state schools from SB 590, which prohibit all illegal aliens from receiving in-state tuition rates.
MassachusettsHouse Bill 3323, which would grant eligibility to vote for local offices, local ballot questions and at town meetings to immigrants with Legal Permanent Residency status in the town of Wayland. A hearing is set for May 15 at 2 p.m. before the Joint Committee On Election Laws.MissouriHouse Bill 275, which requires all employers and public contractors to use E-Verify, passed out of the Rules Committee on April 11.
North CarolinaHouse Bill 786, an immigration-related omnibus bill called the Reasonable Enactment of Comprehensive Legislation Addressing Immigration Matters in North Carolina (“Reclaim NC”), was introduced on April 10. The bill includes provisions that both strengthen and weaken existing laws:
1) Strengthens laws regarding fraudulent documents and outlaws the use of certain types of foreign documents to establish identity or residency;2) Creates a rebuttable presumption that unlawfully present aliens are a flight risk for bail purposes;3) Requires unlawfully present aliens to reimburse jails for the costs associated with their detention;4) Authorizes immigration status checks of stopped, detained or arrested persons;5) Establishes permissible methods of verifying immigration status;6) Authorizes the introduction of a record relating to immigration status in court without further foundation if it presented by the custodian of such record and certified by the federal government;7) prohibits cities, counties and boards from entering into a contract unless the contractor or subcontractor uses E-Verify;8) Authorizes the impoundment and sale of any vehicle if the driver either (a) drove without being licensed, or (b) drove without insurance;9) Creates a so-called restricted driver’s permit and identification card, which is available to any illegal alien who has resided in North Carolina for one year prior to April 1, 2013 and passes a criminal history check; and10) Weakens North Carolina’s E-verify law by (a) prohibiting the state from pursuing an employee or employer for violation of work authorization statutes if employee possesses a restricted driver’s permit and identification card, and (b) redefining the term “employee” to not include anyone who does not work year round.
OhioHB 114Testimony for House Bill 114, which would amend Ohio’s driver’s license and ID statues to exclude all deferred action recipients, was heard before the Committee on Transportation, Public Safety & Homeland Security Sponsorship on April 16.
OregonSenate Bill 833, which grants driver’s licenses to illegal aliens, passed out of the Senate’s Business and Transportation Committee and has been referred to the Joint Ways and Means Committee. Hearings are scheduled for April 18 at 1 p.m. in Room H-170 and on April 19 at 9 a.m. in Room HR F. To be eligible, the illegal aliens must present proof of: 1) at minimum 1 year residency in Oregon, and 2) identity and date of birth by submitting a foreign passport or consular ID card or other “valid documentation” to receive a license. The so-called “short term driver’s license” would be valid for 4 years.
VermontSenate Bill 38, which grants driver’s licenses and ID cards to illegal aliens, passed the state Senate on April 9 and has been referred to the House Committee on Transportation for April 11.