BILL REQ. #:  S-0175.1 

Read first time 01/20/11.   Referred to Committee on Government Operations, Tribal Relations & Elections.

     AN ACT Relating to lawful legal presence in the United States; amending RCW 46.20.031, 74.08.025, and 74.08A.110; reenacting and amending RCW 70.47.020; 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; adding a new section to chapter 74.08 RCW; repealing RCW 74.08A.100 and 74.08A.120; 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 knowingly or in reckless disregard of the fact that the alien has come to, entered, or remained in the United States in violation of the 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, knowingly or in reckless disregard of the fact that the alien has come to, entered, or remained in the United States in violation of the 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 subsection (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 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. A 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's 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 this subsection if, at the time the application is made, the driver's license has not expired, or been canceled, suspended, or revoked. The requirements of this subsection 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 the 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 agency in the state shall register with and utilize the e-verify program to verify the work eligibility status of all new employees.
     (2)(a) After August 1, 2011, an agency may not enter into a contract for the performance of services within this state unless the contractor registers and participates in the e-verify program to verify the work eligibility status of all new employees.
     (b) 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 performance of services within this state after August 1, 2011.
     (3) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Agency" means any agency, department, board, or commission of this state or a county, city, or town that issues a license for purposes of operating a business in this state.
     (b) "E-verify program" means the employment verification pilot program as jointly administered by the United States department of homeland security and the social security administration or any of its successor programs.
     (c) "Unauthorized alien" means an alien who does not have the legal right or authorization under federal law to work in the United States as described in 8 U.S.C. Sec. 1324a(h)(3).

NEW SECTION.  Sec. 5   A new section is added to chapter 74.08 RCW to read as follows:
     (1) Except as provided in subsection (2) of this section or where exempted by federal law, every agency or political subdivision of this state shall verify the lawful presence in the United States of any natural person fourteen years of age or older who has applied for state or local public benefits, as defined in 8 U.S.C. Sec. 1621, or for federal public benefits, as defined in 8 U.S.C. Sec. 1611, that is administered by an agency or political subdivision of this state.
     (2) Verification of lawful presence shall not be required:
     (a) For any purpose for which lawful presence in the United States is not required by law, ordinance, or regulation;
     (b) 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. Sec. 1396b(v)(3), of the alien involved and are not related to an organ transplant procedure;
     (c) For short-term, noncash, in-kind emergency disaster relief; or
     (d) For public health assistance for immunizations with respect to diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease.
     (3) Verification of lawful presence in the United States by the agency or political subdivision required to make such verification shall require that the applicant execute an affidavit under penalty of perjury that: (a) He or she is a United States citizen; or (b) he or she is a qualified alien under the federal immigration and nationality act and is lawfully present in the United States.
     (4) For any applicant who has executed the affidavit, eligibility for benefits shall be verified through the systematic alien verification for entitlements program operated by the United States department of homeland security or an equivalent program. Until such eligibility verification is made, the affidavit may be presumed to be proof of lawful presence for the purposes of this section.
     (5) Any person who knowingly and willfully makes a false statement in an affidavit executed pursuant to subsection (3) of this section shall be subject to criminal penalties for fraudulently obtaining public assistance program benefits.
     (6) Agencies or political subdivisions may adopt variations to the requirements of the provisions of this section which demonstrably improve the efficiency or reduce delay in the verification process, or to provide for adjudication of unique individual circumstances where the verification procedures in this section would impose unusual hardship on a legal resident of Washington.
     (7) It shall be unlawful for any agency or political subdivision of this state to provide any state, local, or federal benefit, as defined in 8 U.S.C. Sec. 1621, or 8 U.S.C. Sec. 1611, in violation of the provisions of this section.

Sec. 6   RCW 74.08.025 and 2005 c 174 s 2 are each amended to read as follows:
     (1) Public assistance may be awarded to any applicant:
     (a) Who is in need and otherwise meets the eligibility requirements of department assistance programs; and
     (b) Who is a United States citizen or is a qualified alien under the federal immigration and nationality act and is lawfully present in the United States; and
     (c) Who has not made a voluntary assignment of property or cash for the purpose of qualifying for an assistance grant; and
     (((c))) (d) Who is not an inmate of a public institution except as a patient in a medical institution or except as an inmate in a public institution who could qualify for federal aid assistance: PROVIDED, That the assistance paid by the department to recipients in nursing homes, or receiving nursing home care, may cover the cost of clothing and incidentals and general maintenance exclusive of medical care and health services. The department may pay a grant to cover the cost of clothing and personal incidentals in public or private medical institutions and institutions for tuberculosis. The department shall allow recipients in nursing homes to retain, in addition to the grant to cover the cost of clothing and incidentals, wages received for work as a part of a training or rehabilitative program designed to prepare the recipient for less restrictive placement to the extent permitted under Title XIX of the federal social security act.
     (2) Any person otherwise qualified for temporary assistance for needy families under this title who has resided in the state of Washington for fewer than twelve consecutive months immediately preceding application for assistance is limited to the benefit level in the state in which the person resided immediately before Washington, using the eligibility rules and other definitions established under this chapter, that was obtainable on the date of application in Washington state, if the benefit level of the prior state is lower than the level provided to similarly situated applicants in Washington state. The benefit level under this subsection shall be in effect for the first twelve months a recipient is on temporary assistance for needy families in Washington state.
     (3) Any person otherwise qualified for temporary assistance for needy families who is assessed through the state alcohol and substance abuse program as drug or alcohol-dependent and requiring treatment to become employable shall be required by the department to participate in a drug or alcohol treatment program as a condition of benefit receipt.
     (4) Pursuant to 21 U.S.C. 862a(d)(1), the department shall exempt individuals from the eligibility restrictions of 21 U.S.C. 862a(a)(1) and (2) to ensure eligibility for temporary assistance for needy families benefits and federal food assistance.

Sec. 7   RCW 74.08A.110 and 1997 c 57 s 2 are each amended to read as follows:
     (1) Except as provided in subsection (4) of this section, qualified aliens ((and aliens permanently residing under color of law)) shall have their eligibility for assistance redetermined.
     (2) In determining the eligibility and the amount of benefits of a qualified alien ((or an alien permanently residing under color of law)) for public assistance under this title, the income and resources of the alien shall be deemed to include the income and resources of any person and his or her spouse who executed an affidavit of support pursuant to section 213A of the federal immigration and naturalization act on behalf of the alien for a period of five years following the execution of that affidavit of support. The deeming provisions of this subsection shall be waived if the sponsor dies or is permanently incapacitated during the period the affidavit of support is valid.
     (3) As used in this section, "qualified alien" has the meaning provided it in P.L. 104-183.
     (4)(a) Qualified aliens specified under sections 403, 412, and 552 (e) and (f), subtitle B, Title IV, of P.L. 104-193 and in P.L. 104-208, are exempt from this section.
     (b) Qualified aliens who served in the armed forces of an allied country, or were employed by an agency of the federal government, during a military conflict between the United States of America and a military adversary are exempt from the provisions of this section.
     (c) Qualified aliens who are victims of domestic violence and petition for legal status under the federal violence against women act are exempt from the provisions of this section.

Sec. 8   RCW 70.47.020 and 2009 c 568 s 2 are each reenacted and amended to read as follows:
     As used in this chapter:
     (1) "Administrator" means the Washington basic health plan administrator, who also holds the position of administrator of the Washington state health care authority.
     (2) "Health coverage tax credit eligible enrollee" means individual workers and their qualified family members who lose their jobs due to the effects of international trade and are eligible for certain trade adjustment assistance benefits; or are eligible for benefits under the alternative trade adjustment assistance program; or are people who receive benefits from the pension benefit guaranty corporation and are at least fifty-five years old.
     (3) "Health coverage tax credit program" means the program created by the Trade Act of 2002 (P.L. 107-210) that provides a federal tax credit that subsidizes private health insurance coverage for displaced workers certified to receive certain trade adjustment assistance benefits and for individuals receiving benefits from the pension benefit guaranty corporation.
     (4) "Managed health care system" means: (a) Any health care organization, including health care providers, insurers, health care service contractors, health maintenance organizations, or any combination thereof, that provides directly or by contract basic health care services, as defined by the administrator and rendered by duly licensed providers, to a defined patient population enrolled in the plan and in the managed health care system; or (b) a self-funded or self-insured method of providing insurance coverage to subsidized enrollees provided under RCW 41.05.140 and subject to the limitations under RCW 70.47.100(7).
     (5) "Nonsubsidized enrollee" means an individual, or an individual plus the individual's spouse or dependent children: (a) Who is not eligible for medicare; (b) who is not confined or residing in a government-operated institution, unless he or she meets eligibility criteria adopted by the administrator; (c) who is accepted for enrollment by the administrator as provided in RCW 48.43.018, either because the potential enrollee cannot be required to complete the standard health questionnaire under RCW 48.43.018, or, based upon the results of the standard health questionnaire, the potential enrollee would not qualify for coverage under the Washington state health insurance pool; (d) who resides in an area of the state served by a managed health care system participating in the plan; (e) who chooses to obtain basic health care coverage from a particular managed health care system; and (f) who pays or on whose behalf is paid the full costs for participation in the plan, without any subsidy from the plan.
     (6) "Premium" means a periodic payment, which an individual, their employer or another financial sponsor makes to the plan as consideration for enrollment in the plan as a subsidized enrollee, a nonsubsidized enrollee, or a health coverage tax credit eligible enrollee.
     (7) "Rate" means the amount, negotiated by the administrator with and paid to a participating managed health care system, that is based upon the enrollment of subsidized, nonsubsidized, and health coverage tax credit eligible enrollees in the plan and in that system.
     (8) "Subsidy" means the difference between the amount of periodic payment the administrator makes to a managed health care system on behalf of a subsidized enrollee plus the administrative cost to the plan of providing the plan to that subsidized enrollee, and the amount determined to be the subsidized enrollee's responsibility under RCW 70.47.060(2).
     (9) "Subsidized enrollee" means:
     (a) An individual, or an individual plus the individual's spouse or dependent children:
     (i) Who is not eligible for medicare;
     (ii) Who is not confined or residing in a government-operated institution, unless he or she meets eligibility criteria adopted by the administrator;
     (iii) Who is not a full-time student who has received a temporary visa to study in the United States;
     (iv) Who resides in an area of the state served by a managed health care system participating in the plan;
     (v) Whose gross family income at the time of enrollment does not exceed two hundred percent of the federal poverty level as adjusted for family size and determined annually by the federal department of health and human services;
     (vi) Who chooses to obtain basic health care coverage from a particular managed health care system in return for periodic payments to the plan; ((and))
     (vii) Who is not receiving medical assistance administered by the department of social and health services; and
     (viii) Who is a United States citizen or is a qualified alien under the federal immigration and nationality act and is lawfully present in the United States;
     (b) An individual who meets the requirements in (a)(i) through (iv), and (vi)((, and (vii))) through (viii) of this subsection and who is a foster parent licensed under chapter 74.15 RCW and whose gross family income at the time of enrollment does not exceed three hundred percent of the federal poverty level as adjusted for family size and determined annually by the federal department of health and human services; and
     (c) To the extent that state funds are specifically appropriated for this purpose, with a corresponding federal match, an individual, or an individual's spouse or dependent children, who meets the requirements in (a)(i) through (iv), and (vi)((, and (vii))) through (viii) of this subsection and whose gross family income at the time of enrollment is more than two hundred percent, but less than two hundred fifty-one percent, of the federal poverty level as adjusted for family size and determined annually by the federal department of health and human services.
     (10) "Washington basic health plan" or "plan" means the system of enrollment and payment for basic health care services, administered by the plan administrator through participating managed health care systems, created by this chapter.

NEW SECTION.  Sec. 9   The following acts or parts of acts are each repealed:
     (1) RCW 74.08A.100 (Immigrants -- Eligibility) and 2002 c 366 s 1 & 1997 c 57 s 1; and
     (2) RCW 74.08A.120 (Immigrants -- Food assistance) and 1999 c 120 s 4 & 1997 c 57 s 3.

NEW SECTION.  Sec. 10   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.