BILL REQ. #:  S-3692.1 

Read first time 01/18/10.   Referred to Committee on Judiciary.

     AN ACT Relating to unlawful aliens; amending RCW 46.20.031; adding a new section to chapter 9A.76 RCW; adding a new section to chapter 70.48 RCW; adding a new section to chapter 41.04 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 9A.76 RCW to read as follows:
     (1) It is unlawful for any person to transport, move, or attempt to transport in the state of Washington 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.
     (2) It is unlawful for any person to conceal, harbor, or shelter from detection any alien in any place within the state of Washington, 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.
     (3) Nothing in this section may be construed so as to prohibit or restrict the provision of any state or local public benefit described in 8 U.S.C. Sec. 1621(b), or regulated public health services provided by a private charity using private funds.
     (4) Any person violating the provisions of subsections (1) or (2) of this section is, upon conviction, guilty of a felony punishable by imprisonment in the custody of the department of corrections for not less than one year, or by a fine of not less than one thousand dollars, or by both the fine and imprisonment.

Sec. 2   RCW 46.20.031 and 2002 c 279 s 3 are each amended to read as follows:
     The department shall not issue a driver's license to a person:
     (1) Who is under the age of sixteen years;
     (2) Whose driving privilege has been withheld unless and until the department may authorize the driving privilege under RCW 46.20.311;
     (3) Who has been classified as an alcoholic, drug addict, alcohol abuser, or drug abuser by a program approved by the department of social and health services. The department may, however, issue a license if the person:
     (a) Has been granted a deferred prosecution under chapter 10.05 RCW; or
     (b) Is satisfactorily participating in or has successfully completed an alcohol or drug abuse treatment program approved by the department of social and health services and has established control of his or her alcohol or drug abuse problem;
     (4) Who has previously been adjudged to be ((mentally ill)) an individual with a mental illness or insane, or to be incompetent due to a mental disability or disease. The department shall, however, issue a license to the person if he or she otherwise qualifies and:
     (a) Has been restored to competency by the methods provided by law; or
     (b) The superior court finds the person able to operate a motor vehicle with safety upon the highways during such incompetency;
     (5) Who has not passed the driver's licensing examination required by RCW 46.20.120 and 46.20.305, if applicable;
     (6) Who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited such proof;
     (7) Who is unable to safely operate a motor vehicle upon the highways due to a physical or mental disability. The department's conclusion that a person is barred from licensing under this subsection must be reasonable and be based upon good and substantial evidence. This determination is subject to review by a court of competent jurisdiction;
     (8)(a) Who cannot provide proof of United States citizenship, or status as a legal permanent resident alien. The provisions of this subsection (8) do not apply when an applicant presents, in person, valid documentary evidence of:
     (i) A valid, unexpired immigrant or nonimmigrant visa status for admission into the United States;
     (ii) A pending or approved application for asylum in the United States;
     (iii) Admission into the United States in refugee status;
     (iv) A pending or approved application for temporary protected status in the United States;
     (v) Approved deferred action status; or
     (vi) A pending application for adjustment of status to legal permanent residence status or conditional resident status.
     (b) Upon approval, the applicant may be issued an identification document provided for in (a)(iii) or (iv) of this subsection. The driver's license is 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, a period of one year. Any driver's license issued pursuant to the provisions of this subsection must clearly indicate that it is temporary and must state the date that the identification document expires. 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 citizenship and immigration services or other authorized agency of the United States department of homeland security.
     Any driver license issued to a person who is not a United States citizen, national or legal permanent resident alien for which an application has been made for renewal, duplication, or reissuance is presumed to have been issued in accordance with the provisions of subsection (8) of this section if, at the time the application is made, the driver's license has not expired, or been canceled, suspended, or revoked. The requirements of subsection (8) of this section apply, however, to a renewal, duplication, or reissuance if the department is notified by a local, state, or federal government agency of information in the possession of the agency indicating a reasonable suspicion that the individual seeking the renewal, duplication, or reissuance is present in the United States in violation of law. The provisions of this subsection do not apply to United States citizens, nationals, or legal permanent resident aliens.

NEW SECTION.  Sec. 3   A new section is added to chapter 70.48 RCW to read as follows:
     (1) When a person charged with a felony or with driving under the influence pursuant to RCW 46.61.502 is confined, for any period, in the jail of the county, any municipality or a jail operated by a regional jail authority, a reasonable effort must be made to determine the citizenship status of the person so confined.
     (2) 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 his or her lawful status has not expired. If verification of lawful status cannot be made from documents in the possession of the prisoner, verification must be made within forty-eight 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 lawful immigration status of the prisoner cannot be verified, the keeper of the jail or other officer shall notify the United States department of homeland security.
     (3) For the purpose of determining the grant of or issuance of bond, it is a rebuttable presumption that a person whose citizenship status has been verified pursuant to subsection (2) of this section to be a foreign national who has not been lawfully admitted to the United States is at risk of flight.

NEW SECTION.  Sec. 4   A new section is added to chapter 41.04 RCW to read as follows:
     (1) Every public employer shall register with and utilize a status verification system to verify the federal employment authorization status of all new employees.
     (2)(a) After July 1, 2010, a public employer may not enter into a contract for the physical performance of services within this state unless the contractor registers and participates in the status verification system to verify the work eligibility status of all new employees.
     (b) After July 1, 2010, a contractor or subcontractor who enters into a contract with a public employer may not enter into such a contract or subcontract in connection with the physical performance of services within this state unless the contractor or subcontractor registers and participates in the status verification system to verify information of all new employees.
     (c) The provisions of this subsection do not apply to any contracts entered into prior to the effective date of this section even though the contracts may involve the physical performance of services within this state after July 1, 2010.
     (3)(a) It is a discriminatory practice for an employing entity to discharge an employee working in the state who is a United States citizen or permanent resident alien while retaining an employee who the employing entity knows, or reasonably should have known, is an unauthorized alien hired after July 1, 2010, and who is working in Washington state in a job category that requires equal skill, effort, and responsibility, and which is performed under similar working conditions, as defined by 29 U.S.C. Sec. 206(d)(1), as the job category held by the discharged employee.
     (b) An employing entity which, on the date of the discharge in question, was currently enrolled in and used a status verification system to verify the employment eligibility of its employees in Washington hired after July 1, 2008, is exempt from liability, investigation, or suit arising from any action under this section.
     (c) No cause of action for a violation of this subsection may arise anywhere in Washington law but from the provisions of this subsection.
     (4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (i) The electronic verification of work authorization program of 8 U.S.C. Sec. 1324a, and operated by the United States department of homeland security, known as the basic pilot program;
     (ii) Any equivalent federal program designated by the United States department of homeland security or any other federal agency authorized to verify the work eligibility status of newly hired employees, pursuant to the immigration reform and control act of 1986 (IRCA), P.L. 99-603;
     (iii) Any other independent, third-party system with an equal or higher degree of reliability as the programs, systems, or processes described in this subsection (b); or
     (iv) The social security number verification service, or such similar online verification process implemented by the United States social security administration.
     (a) "Public employer" means every department, agency, or instrumentality of the state or a political subdivision of the state.
     (b) "Status verification system" means an electronic system operated by the federal government, through which an authorized official of an agency of the state of Washington or of a political subdivision therein may make an inquiry, by exercise of authority delegated pursuant to 8 U.S.C. Sec. 1373, to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by this section. The status verification system includes:
     (c) "Subcontractor" means a subcontractor, contract employee, staffing agency, or any contractor regardless of its tier.
     (d) "Unauthorized alien" means an alien as defined in 8 U.S.C. Sec. 1324a(h)(3).

NEW SECTION.  Sec. 5   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.