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Regular Session, 2010
HOUSE BILL NO. 1205
BY REPRESENTATIVE HARRISON
EMPLOYMENT: Creates the Louisiana Taxpayer and Citizen Protection Act of 2010
AN ACT1
To enact Chapter 21 of Title 49 of the Louisiana Revised Statutes of 1950, to be comprised2
of R.S. 49:1311 through 1323, relative to immigration; to provide for the3
determination of citizenship status for persons charged with certain crimes; to4
provide for verification of persons determined to be a foreign national; to provide for5
time limitation for verification; to provide for notification to certain entities; to6
provide for rebuttable presumption that certain persons are a flight risk; to provide7
for participation in certain verification system; to provide for establishing certain8
discriminatory practice; to provide for requiring agencies and political subdivisions9
to verify lawful presence of persons applying for certain benefits; to provide for10
nondiscriminatory treatment; to require certain applicants to be verified through the11
Systematic Alien Verification for Entitlement Program; to require certain entities to12
monitor certain program; to require publication of annual report and certain13
recommendations; to require certain entities to submit a report of errors to certain14
agency; to require certain withholding of state income tax under certain15
circumstances; to provide relative to postsecondary education; to direct the Attorney16
General to negotiate terms of certain memorandum; to prohibit certain actions by17
government entities; to provide for establishing a Fraudulent Documents18
Identification Unit within the Department of Public Safety subject to availability of19
funding; to provide for a purpose; to provide for employment of sufficient20
employees; and to provide for related matters.21 HLS 10RS-1368 ORIGINAL
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Be it enacted by the Legislature of Louisiana:1
Section 1. Chapter 21 of Title 49 of the Louisiana Revised Statutes of 1950,2
comprised of R.S. 49: 1311 through 1323, is hereby enacted to read as follows:3
CHAPTER 21. THE LOUISIANA TAXPAYER AND CITIZEN PROTECTION ACT4
OF 20105
PART I. GENERAL PROVISIONS6
§1311. Title7
This Chapter may be cited as the "Louisiana Taxpayer and Citizen Protection8
Act".9
§1312. Legislative intent10
The state of Louisiana finds that illegal immigration is causing economic11
hardship and lawlessness in this state and that illegal immigration is encouraged12
when public agencies within this state provide public benefits without verifying13
immigration status. The state of Louisiana further finds that when illegal immigrants14
have been harbored and sheltered in this state and encouraged to reside in this state15
through the issuance of identification cards that are issued without verifying16
immigration status, these practices impede and obstruct the enforcement of federal17
immigration law, undermine the security of our borders, and impermissibly restrict18
the privileges and immunities of the citizens of Louisiana. Therefore, the people of19
the state of Louisiana declare that it is a compelling public interest of this state to20
discourage illegal immigration by requiring all agencies within the state to fully21
cooperate with federal immigration authorities in the enforcement of federal22
immigration laws. The state of Louisiana also finds that other measures are23
necessary to ensure the integrity of various governmental programs and services.24
§1313. Definitions25
As used in this Chapter the following terms shall have the definitions26
ascribed in this Chapter unless context clearly requires otherwise:27
(1) "Public employer" means every department, agency, or instrumentality28
of the state or a political subdivision of the state.29 HLS 10RS-1368 ORIGINAL
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(2) "Subcontractor" means a subcontractor, contract employee, staffing1
agency, or any contractor regardless of its tier.2
(3) "Unauthorized alien" means an alien as defined in Section 1324a(h)(3)3
of Title 8 of the United States Code.4
PART II. PUBLIC BENEFITS5
§1314. Public benefits6
A. Except as provided in Subsection C of this Section or where exempted by7
federal law, each agency and each political subdivision of this state shall verify the8
lawful presence in the United States of any natural person fourteen years of age or9
older who has applied for state or local public benefits, as defined in 8 U.S.C. 1621,10
or for federal public benefits, as defined in 8 U.S.C. 1611, that is administered by an11
agency or a political subdivision of this state.12
B. The provisions of this Section shall be enforced without regard to race,13
religion, gender, ethnicity, or national origin.14
C. Verification of lawful presence under the provisions of this Section shall15
not be required:16
(1) For any purpose for which lawful presence in the United States is not17
restricted by law, ordinance, or regulation.18
(2) For assistance for health care items and services that are necessary for the19
treatment of an emergency medical condition, as defined in 42 U.S.C. 1396b(v)(3),20
of the alien involved and are not related to an organ transplant procedure.21
(3) For short-term, noncash, in-kind emergency disaster relief.22
(4) For public health assistance for immunizations with respect to diseases23
and for testing and treatment of symptoms of communicable diseases whether or not24
such symptoms are caused by a communicable disease.25
(5) For programs, services, or assistance such as soup kitchens, crisis26
counseling and intervention, and short-term shelter specified by the United States27
attorney general, in the sole and unreviewable discretion of the United States28 HLS 10RS-1368 ORIGINAL
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attorney general after consultation with appropriate federal agencies and departments1
which:2
(a) Deliver in-kind services at the community level, including through public3
or private nonprofit agencies.4
(b) Do not condition the provision of assistance, the amount of assistance5
provided, or the cost of assistance provided on the income or resources of the6
individual recipient.7
(c) Are necessary for the protection of life or safety.8
D.(1) Verification of lawful presence in the United States by the agency or9
political subdivision required to make such verification shall require that the10
applicant execute an affidavit under penalty of perjury that:11
(a) He is a United States citizen.12
(b) He is a qualified alien under the federal Immigration and Nationality Act13
and is lawfully present in the United States.14
(2) The agency or political subdivision providing the state or local public15
benefits shall provide notary public services at no cost to the applicant.16
E. For any applicant who has executed the affidavit described in17
Subparagraph (1)(b) of Subsection D of this Section, eligibility for benefits shall be18
verified through the Systematic Alien Verification for Entitlements (SAVE) Program19
operated by the United States Department of Homeland Security or an equivalent20
program designated by the United States Department of Homeland Security. Until21
such eligibility verification is made, the affidavit may be presumed to be proof of22
lawful presence for the purposes of this Section.23
F. Any person who knowingly and willfully makes a false, fictitious, or24
fraudulent statement of representation in an affidavit executed pursuant to25
Subsection D of this Section shall be subject to criminal penalties applicable in this26
state for fraudulently obtaining public assistance program benefits. If the affidavit27
constitutes a false claim of U.S. citizenship under 18 U.S.C. 911, a complaint shall28 HLS 10RS-1368 ORIGINAL
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be filed by the agency requiring the affidavit with the United States attorney general1
for the applicable district based upon the venue in which the affidavit was executed.2
G. Agencies or political subdivisions of this state may adopt variations to the3
requirements of the provisions of this Section which demonstrably improve the4
efficiency or reduce delay in the verification process, or to provide for adjudication5
of unique individual circumstances where the verification procedures in this Section6
would impose unusual hardship on a legal resident of Louisiana.7
H. It shall be unlawful for any agency or a political subdivision of this state8
to provide any state, local, or federal benefit, as defined in 8 U.S.C. 1621, or 89
U.S.C. 1611, in violation of the provisions of this Section.10
I. Each state agency or department which administers any program of state11
or local public benefits shall provide an annual report to the governor, the president12
pro tempore of the Senate and the speaker of the House of Representatives with13
respect to its compliance with the provisions of this Section. Each agency or14
department shall monitor the Systematic Alien Verification for Entitlements Program15
for application verification errors and significant delays and shall provide an annual16
public report on such errors and significant delays and recommendations to ensure17
that the application of the Systematic Alien Verification of Entitlements Program is18
not erroneously denying benefits to legal residents of Louisiana. Errors shall also be19
reported to the United States Department of Homeland Security by each agency or20
department.21
PART III. CRIMINAL22
§1315. Criminal: booking of arrested person, submission of booking information23
summary; citizenship, immigration status24
A. It is the duty of every peace officer making an arrest, or having an25
arrested person in his custody, promptly to conduct the person arrested to the nearest26
jail or police station and cause him to be booked.27
B. A person is booked by an entry, in a book kept for that purpose, showing28
his name and address, a list of any property taken from him, the date and time of29 HLS 10RS-1368 ORIGINAL
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booking, and the submission of a booking information summary as provided for in1
Paragraph (C) of this Section to the person making the entry in the police or jail2
book. Every jail and police station shall keep a book for the listing of the above3
information as to each prisoner received. The book and booking information4
summaries shall always be open for public inspection. The person booked shall be5
imprisoned unless he is released on bail.6
C.(1) At the time of booking, the peace officer causing the arrested person7
to be booked shall deliver to the person at the jail or police station who accepts8
custody of the arrestee a booking information summary which shall include at least9
the following information:10
(a) The proper legal name of the arrestee, if known.11
(b) The charge or charges upon which the person was arrested and the name12
of the person making the arrest.13
(c) A short recitation of the facts or events which caused the defendant to be14
arrested.15
(d) The names of all other persons arrested as a result of the same events or16
facts.17
(2) If the peace officer presenting an arrestee for booking is unable to submit18
a complete booking information summary, he shall provide the person receiving19
custody of the arrestee a written statement or form, explaining why a complete20
booking information summary cannot be presented.21
D.(1) At the time of booking, the peace officer causing the arrested person22
to be booked shall attempt to determine the citizenship or immigration status of the23
person being booked.24
(2) If the arrested person is a foreign national, the peace officer shall make25
a reasonable effort to verify that the person has been lawfully admitted into the26
United States. If the verification of lawful status cannot be determined from27
documents in the possession of the arrested person, the peace officer shall attempt28 HLS 10RS-1368 ORIGINAL
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to notify the United States Department of Homeland Security as soon as is1
practicable.2
E. The office of state police shall be responsible for investigating and3
apprehending persons or entities that participate in the manufacture, sale, or4
distribution of fraudulent documents used for identification purposes, including but5
not limited to fraudulent identification documents prepared for persons who are6
unlawfully residing within the state of Louisiana. The office of state police is hereby7
authorized to create a unit devoted to such investigations by rule promulgated in8
accordance with the Administrative Procedure Act.9
§1316. Unlawful harboring, concealing, or sheltering of an alien10
A. It shall be unlawful for any person to harbor, conceal, or shelter from11
detection any alien in any place within the state of Louisiana, including any building,12
when the offender has knowledge of the fact that the alien has entered or remained13
in the United States in violation of law and if either of the following occur:14
(1) The offender has the intent of assisting the alien in eluding a federal,15
state, or local law enforcement agency, or the United States Citizenship and16
Immigration Services Bureau.17
(2) The offender has the intent of assisting the alien in avoiding or escaping18
arrest, trial, conviction, or punishment.19
B. For the purposes of this Section, "alien" has the same meaning as defined20
in the Immigration and Nationality Act, 8 U.S.C. 1101(a)(3).21
C. Nothing in this Section shall be construed so as to prohibit or restrict the22
provision of any state or local public benefit described in 8 U.S.C. 1621(b), or23
regulated public health services provided by a private charity using private funds.24
D.(1) Whoever commits the crime of unlawfully harboring, concealing, or25
sheltering an alien on a first conviction shall be fined not more than one thousand26
dollars, or imprisoned for not more than six months, or both.27 HLS 10RS-1368 ORIGINAL
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(2) Whoever commits the crime of unlawfully harboring, concealing, or1
sheltering an alien on a second or subsequent conviction shall be fined not more than2
two thousand dollars, or imprisoned for not more than one year, or both.3
E. The following shall be affirmative defenses to prosecution under this4
Section:5
(1) The person was providing humanitarian aid as a designated6
representative of a nonprofit organization which is tax exempt pursuant to Section7
501(c)(3) of the Internal Revenue Code.8
(2) The person was the attorney or his designee, or such other persons9
authorized to represent clients in immigration matters pursuant to 8 C.F.R. 1292.1,10
or their designee, and who was assisting the alien and providing representation to the11
alien in the course and scope of the attorney's or other authorized representative's12
employment.13
§1317. Unlawful transportation of an alien14
A. It shall be unlawful for any person to transport, move, or attempt to15
transport in the state of Louisiana any alien, knowing or in reckless disregard of the16
fact that the alien has entered or remained in the United States in violation of law,17
in furtherance of the illegal presence of the alien in the United States.18
B. For the purposes of this Section, "alien" has the same meaning as defined19
in the Immigration and Nationality Act, 8 U.S.C. 1101(a)(3).20
C. Nothing in this Section shall be construed so as to prohibit or restrict the21
provision of any state or local public benefit described in 8 U.S.C. 1621(b), or22
regulated public health services provided by a private charity using private funds.23
D.(1) Whoever commits the crime of unlawfully transporting an alien on a24
first conviction shall be fined not more than one thousand dollars, or imprisoned for25
not more than six months, or both.26
(2) Whoever commits the crime of unlawfully transporting an alien on a27
second or subsequent conviction shall be fined not more than two thousand dollars,28
or imprisoned, with or without hard labor, for not more than one year, or both.29 HLS 10RS-1368 ORIGINAL
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E. The following shall be affirmative defenses to prosecution under this1
Section:2
(1) The person was providing humanitarian aid as a designated3
representative of a nonprofit organization which is tax exempt pursuant to Section4
501(c)(3) of the Internal Revenue Code.5
(2) The person was the attorney or his designee, or such other persons6
authorized to represent clients in immigration matters pursuant to 8 C.F.R. 1292.1,7
or other designee, representing the alien and who was transporting the alien in the8
course and scope of the attorney's or other authorized representative's employment.9
PART IV. STATUS VERIFICATION10
§1318 Status Verification11
A. “Status Verification System” means an electronic system operated by the12
federal government, through which an authorized official of an agency of the state13
of Louisiana or of a political subdivision therein may make an inquiry, by exercise14
of authority delegated pursuant to Section 1373 of Title 8 of the United States Code,15
to verify or ascertain the citizenship or immigration status of any individual within16
the jurisdiction of the agency for any purpose authorized by Part V of this Chapter.17
The Status Verification System shall be deemed to include:18
(1) The electronic verification of work authorization program of the Illegal19
Immigration Reform and Immigration Responsibility Act of 1996, P.L. 104-208,20
Division C, Section 403(a); 8 U.S.C. 1324a, and operated by the United States21
Department of Homeland Security, known as the Basic Pilot Program.22
(2) Any equivalent federal program designated by the United States23
Department of Homeland Security or any other federal agency authorized to verify24
the work eligibility status of newly hired employees, pursuant to the Immigration25
Reform and Control Act of 1986 (IRCA), D.L. 99-603.26
(3) Any other independent, third-party system with an equal or higher degree27
of reliability as the programs, systems, or processes described in this Section.28 HLS 10RS-1368 ORIGINAL
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(4) The Social Security Number Verification Service, or such similar online1
verification process implemented by the United States Social Security2
Administration.3
B. The following entities may create, publish or otherwise manufacture an4
identification document, identification card, or identification certificate and may5
possess an engraved plate or other such device for the printing of such identification;6
provided, the name of the issuing entity shall be clearly printed upon the face of the7
identification:8
(1) Businesses, companies, corporations, service organizations and federal,9
state and local governmental agencies for employee identification which is designed10
to identify the bearer as an employee.11
(2) Businesses, companies, corporations and service organizations for12
customer identification which is designed to identify the bearer as a customer or13
member.14
(3) Federal, state, and local government agencies for purposes authorized or15
required by law or any legitimate purpose consistent with the duties of such an16
agency, including, but not limited to, voter identification cards, driver licenses,17
nondriver identification cards, passports, birth certificates and social security cards.18
(4) Any public school or state or private educational institution, as defined19
by Title 17 of the Louisiana Statutes of 1950, to identify the bearer as an20
administrator, faculty member, student or employee.21
(5) Any professional organization or labor union to identify the bearer as a22
member of the professional organization or labor union.23
(6) Businesses, companies or corporations which manufacture medical-alert24
identification for the wearer thereof.25
C. All identification documents as provided for in Paragraph (3) and (4) of26
Subsection B of this Section shall be issued only to United States citizens, nationals27
and legal permanent resident aliens.28 HLS 10RS-1368 ORIGINAL
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D. The provisions of Subsection C of this Section shall not apply when an1
applicant presents, in person, valid documentary evidence of:2
(1) A valid, unexpired immigrant or nonimmigrant visa status for admission3
into the United States.4
(2) A pending or approved application for asylum in the United States.5
(3) Admission into the United States in refugee status.6
(4) A pending or approved application for temporary protected status in the7
United States.8
(5) Approved deferred action status.9
(6) A pending application for adjustment of status to legal permanent10
residence status or conditional resident status. Upon approval, the applicant may be11
issued an identification document provided for in Paragraph (3) and (4) of12
Subsection B of this Section. Such identification document shall be valid only during13
the period of time of the authorized stay of the applicant in the United States or, if14
there is no definite end to the period of authorized stay, a period of one (1) year. Any15
identification document issued pursuant to the provisions of this subsection shall16
clearly indicate that it is temporary and shall state the date that the identification17
document expires. Such identification document may be renewed only upon18
presentation of valid documentary evidence that the status by which the applicant19
qualified for the identification document has been extended by the United States20
Citizenship and Immigration Services or other authorized agency of the United21
States Department of Homeland Security.22
E. The provisions of Subsection B of this Section shall not apply to an23
identification document described in Paragraph (4) of Subsection B of this Section24
that is only valid for use on the campus or facility of that educational institution and25
includes a statement of such restricted validity clearly and conspicuously printed26
upon the face of the identification document.27
F. Any driver license issued to a person who is not a United States citizen,28
national or legal permanent resident alien for which an application has been made29 HLS 10RS-1368 ORIGINAL
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for renewal, duplication or reissuance shall be presumed to have been issued in1
accordance with the provisions of Subsection D of this Section; provided that, at the2
time the application is made, the drivers license has not expired, or been cancelled,3
suspended or revoked. The requirements of Subsection D of this Section shall apply,4
however, to a renewal, duplication or reissuance if the Department of Public Safety5
is notified by a local, state, or federal government agency of information in the6
possession of the agency indicating a reasonable suspicion that the individual7
seeking such renewal, duplication or reissuance is present in the United States in8
violation of law. The provisions of this Subsection shall not apply to United States9
citizens, nationals, or legal permanent resident aliens.10
PART V. PUBLIC EMPLOYERS11
§1319. Public employers12
A. Every public employer shall register with and utilize a Status Verification13
System as described in R.S. 49:1317 of this Chapter to verify the federal14
employment authorization status of all new employees.15
B. (1) After July 1, 2010, no public employer shall enter into a contract for16
the physical performance of services within this state unless the contractor registers17
and participates in the Status Verification System to verify the work eligibility status18
of all new employees.19
(2) After July 1, 2010, no contractor or subcontractor who enters into a20
contract with a public employer shall enter into such a contract or subcontract in21
connection with the physical performance of services within this state unless the22
contractor or subcontractor registers and participates in the Status Verification23
System to verify information of all new employees.24
(3)The provisions of this Subsection shall not apply to any contracts entered25
into prior to the effective date of this Section even though such contracts may26
involve the physical performance of services within this state after July 1, 2010.27
C.(1) It shall be a discriminatory practice for an employing entity to28
discharge an employee working in Louisiana who is a United States citizen or29 HLS 10RS-1368 ORIGINAL
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permanent resident alien while retaining an employee who the employing entity1
knows, or reasonably should have known, is an unauthorized alien hired after July2
1, 2010, and who is working in Louisiana in a job category that requires equal skill,3
effort, and responsibility, and which is performed under similar working conditions,4
as defined by 29 U.S.C. 206(d)(1), as the job category held by the discharged5
employee.6
(2) An employing entity which, on the date of the discharge in question, was7
currently enrolled in and used a Status Verification System to verify the employment8
eligibility of its employees in Louisiana hired after July 1, 2010, shall be exempt9
from liability, investigation, or suit arising from any action under this Section.10
(3) No cause of action for a violation of this Section shall arise anywhere in11
Louisiana law but from the provisions of this subsection.12
PART VI. CONTRACTORS13
§1320. Contractors; withholding of income tax on compensation paid to alien14
contractors15
A. In conformity with the Louisiana Taxpayer and Citizen Protection Act,16
a contracting entity shall be required to withhold individual income tax from the17
compensation paid to an individual independent contractor who is contracting for the18
performance of services in this state and who fails to provide to the contracting entity19
documentation verifying the independent contractor's employment authorization,20
pursuant to the prohibition against the use of unauthorized alien labor through21
contracts set forth in 8 U.S.C. 1324(a)(4). The withholding of taxes shall apply to22
all compensation which exceeds the amount of compensation the contracting entity23
is required to report as income on United States Internal Revenue Service Form24
1099. The rate of withholding shall be the maximum marginal income tax rate as25
provided in R.S. 47:32(A)(3), without any exemptions.26
B. Any contracting entity failing to comply with the withholding27
requirements of this Section shall become personally liable for such tax in addition28
to any applicable interest, penalties and attorney fees. The tax, interest, penalties,29 HLS 10RS-1368 ORIGINAL
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and attorney fees shall be payable as provided in this Chapter, the amount of which1
may be determined, computed, and collected by any method generally provided for2
in this Chapter. However, the provisions of this Subsection shall not apply to a3
contracting entity which is exempt from federal withholding provisions with respect4
to such individual independent contractor pursuant to a properly filed Internal5
Revenue Service Form 8233 or its equivalent.6
C. Nothing in this Section is intended to create, or should be construed as7
creating, an employer-employee relationship between a contracting entity and an8
individual independent contractor.9
PART VII. HIGHER EDUCATION10
§1321. Higher education11
A. In addition to any other powers and duties authorized by Title 17 of the12
Louisiana Revised Statutes of 1950, each postsecondary system management board13
may adopt a policy that allows a graduate of a public or approved nonpublic high14
school to qualify for that tuition and mandatory attendance fee amounts at an15
institution under its supervision and management shall be equal to tuition and16
mandatory attendance fee amounts applicable to students who are residents of17
Louisiana at such an institution if the student resided in the state while attending18
classes at a public or approved nonpublic high school for at least two years prior to19
graduation.20
B. If the student cannot present to the institution valid documentation of21
United States nationality or an immigration status permitting study at the institution,22
he shall nevertheless be eligible for resident tuition and mandatory fee amounts if23
does one of the following:24
(a) He provides to the institution a copy of a true and correct application or25
petition filed with the United States Citizenship and Immigration Services to legalize26
his immigration status.27 HLS 10RS-1368 ORIGINAL
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(b) Files an affidavit with the institution stating that he will file an application1
to legalize his immigration status at the earliest time he is eligible to do so, provided2
that such time is no later than the later of the following:3
(I) One year after the date on which the student enrolls for study at the4
institution.5
(ii) If there is no formal process to permit children of parents without lawful6
immigration status to apply for lawful status without risk of deportation, one year7
after the date the United States Citizenship and Immigration Services provides such8
a formal process.9
C. Any student who completes the required criteria prescribed in Subsection10
(B) of the Section shall not be disqualified on the basis his immigration status from11
any scholarship or financial aid provided by the state.12
D. The provisions of this Section shall not impose any additional conditions13
to maintain resident tuition status at a Louisiana public postsecondary education14
institution who was enrolled in a degree program and first received such resident15
tuition status at that institution prior to the 2010-2011 school year.16
PART VIII. GOVERNMENTAL ENTITIES17
§1322. Memorandum of understanding; local ordinance prohibited; right of action18
A. The attorney general is authorized and directed to negotiate the terms of19
a Memorandum of Understanding between the state of Louisiana and the United20
States Department of Justice or the United States Department of Homeland Security,21
as provided by Section 1357(g) of Title 8 of the United States Code, concerning the22
enforcement of federal immigration and customs laws, detention and removals, and23
investigations in the state of Louisiana.24
B. The Memorandum of Understanding negotiated pursuant to Subsection A25
of this Section shall be signed on behalf of this state by the attorney general and the26
governor or as otherwise required by the appropriate federal agency.27
C. No local government, whether acting through its governing body or by an28
initiative, referendum, or any other process, shall enact any ordinance or policy that29 HLS 10RS-1368 ORIGINAL
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limits or prohibits a law enforcement officer, local official, or local government1
employee from communicating or cooperating with federal officials with regard to the2
immigration status of any person within this state.3
D. Notwithstanding any other provision of law, no government entity or4
official within the State of Louisiana may prohibit, or in any way restrict, any5
government entity or official from sending to, or receiving from, the United States6
Department of Homeland Security, information regarding the citizenship or7
immigration status, lawful or unlawful, of any individual.8
E. Notwithstanding any other provision of law, no person or agency may9
prohibit, or in any way restrict, a public employee from doing any of the following10
with respect to information regarding the immigration status, lawful or unlawful, of11
any individual:12
(1) Sending such information to, or requesting or receiving such information13
from, the United States Department of Homeland Security;14
(2) Maintaining such information; or15
(3) Exchanging such information with any other federal, state, or local16
government entity.17
F. The provisions of this Section shall allow for a private right of action by18
any natural or legal person lawfully domiciled in this state to file for a writ of19
mandamus to compel any non cooperating local or state governmental agency to20
comply with such reporting laws.21
PART IX. FRAUDULENT DOCUMENTS IDENTIFICATION UNIT22
§1323. Fraudulent documents identification23
Subject to the availability of funding, the Department of Public Safety shall24
establish a Fraudulent Documents Identification (FDI) Unit for the primary purpose25
of investigating and apprehending persons or entities that participate in the sale or26
distribution of fraudulent documents used for identification purposes. The unit shall27
additionally specialize in fraudulent identification documents created and prepared28 HLS 10RS-1368 ORIGINAL
HB NO. 1205
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are additions.
for persons who are unlawfully residing within the state of Louisiana. The department1
shall employ sufficient employees to investigate and implement an FDI Unit.2
Section 2. This Act shall become effective July 1, 2010.3
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Harrison HB No. 1205
Abstract: Creates omnibus illegal alien act.
Proposed law provides each agency and each 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.
Proposed law provides status verification system means an electronic system operated by the
federal government, through which an authorized official of an agency of the state of
Louisiana or of a political subdivision therein may make an inquiry to verify or ascertain the
citizenship or immigration status of any individual within the jurisdiction of the agency for
any purpose authorized.
Proposed law provides every public employer shall register with and utilize a status
verification system as described in of this Chapter to verify the federal employment
authorization status of all new employees.
Proposed law provides that it shall be unlawful for any person to transport, move, or attempt
to transport in the state of La. any alien, knowing or in reckless disregard of the fact that the
nonresident alien has entered or remained in the U.S. in violation of law, in furtherance of the
illegal presence of the alien in the U.S.
Proposed law further provides that whoever commits the crime of unlawfully transporting an
alien on a first conviction shall be fined not more than $1,000, or imprisoned for not more
than six months, or both. On a second or subsequent conviction, the offender shall be fined
not more than $2,000, or imprisoned with or without hard labor for not more than one year,
or both.
Proposed law provides for definitions and affirmative defenses.
Proposed law provides that it shall be unlawful for any person to harbor, conceal, or shelter
from detection any alien in any place within the state of La., including any building or means
of transportation, knowing or in reckless disregard of the fact that the alien has entered or
remained in the U.S. in violation of law.
Proposed law defines "alien" as any person who is not a U.S. citizen, who is physically
present in the U.S. without the legal right to remain in the U.S.
Proposed law requires the withholding of individual income tax on the compensation paid to
an individual independent contract by a contracting entity if the independent contractor fails
to provide documentation verifying his employment authorization pursuant to the prohibition
against the use of unauthorized alien labor through contract as set forth in federal law.
Further, if a contracting entity fails to collect such tax, with certain exceptions, the HLS 10RS-1368 ORIGINAL
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are additions.
contracting entity shall become liable for payment of the tax, interest, penalties and attorneys
fees.
Proposed law establishes the rate at which such income tax shall be withheld to be the
maximum marginal rate of tax as provided in present law, which is 6%.
Proposed law provides each postsecondary system management board may adopt a policy
that allows a graduate of a public or approved nonpublic high school to qualify for that tuition
and mandatory attendance fee amounts at an institution under its supervision and management
shall be equal to tuition and mandatory attendance fee amounts applicable to students who
are residents of Louisiana at such an institution if the student resided in the state while
attending classes at a public or approved nonpublic high school for at least two years prior
to graduation.
Proposed law provides the attorney general is authorized and directed to negotiate the terms
of a Memorandum of Understanding between the state of Louisiana and the United States
Department of Justice or the United States Department of Homeland Security concerning the
enforcement of federal immigration and customs laws, detention and removals, and
investigations in the state of Louisiana.
Proposed law provides subject to the availability of funding, the Department of Public Safety
shall establish a Fraudulent Documents Identification (FDI).
Effective July 1, 2010.
(Adds R.S. 49:1311-1323)