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Regular Session, 2011
HOUSE BILL NO. 59
BY REPRESENTATIVE HARRISON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
EMPLOYMENT: Creates the Louisiana Taxpayer and Citizen Protection Act of 2011
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 1322, relative to immigration; to provide with respect to3
eligibility for public benefits, postsecondary education benefits, and employment;4
to provide for verification of citizenship status; to provide with respect to law5
enforcement; to create certain crimes; to provide for penalties; to provide for6
definitions; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Chapter 21 of Title 49 of the Louisiana Revised Statutes of 1950,9
comprised of R.S. 49:1311 through 1322, is hereby enacted to read as follows:10
CHAPTER 21. THE LOUISIANA TAXPAYER AND CITIZEN 11
PROTECTION ACT OF 201112
PART I. GENERAL PROVISIONS13
§1311. Title14
This Chapter may be cited as the "Louisiana Taxpayer and Citizen Protection15
Act".16
§1312. Legislative intent17
The Louisiana Legislature finds that illegal immigration has resulted in18
economic hardship and lawlessness within the state and that illegal immigration is19
encouraged when public agencies provide public benefits without verifying20 HLS 11RS-302 ORIGINAL
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immigration status. The Louisiana Legislature declares that there is a compelling1
state interest in the cooperative enforcement of federal immigration laws throughout2
the state of Louisiana. The legislature further declares that the intent of this Chapter3
is to make attrition through enforcement the public policy of all agencies and4
political subdivisions of Louisiana. The provisions of this Chapter are intended to5
discourage and deter the unlawful entry and presence by persons unlawfully present6
in the United States.7
§1313. Definitions; construction8
A. For purposes of this Chapter, the following definitions shall apply:9
(1) "Contractor" or "subcontractor" as used in this Section, includes any10
contract employee, staffing agency, or any contractor or subcontractor.11
(2) "Illegal alien" shall mean any person not lawfully present in the United12
States. Except as otherwise provided or clearly indicated from the context in which13
it is used, "illegal alien" shall also include persons defined by any term used in14
federal law relative to immigration, including but not limited to "unauthorized alien",15
"unqualified alien", and "alien not lawfully present in the United States".16
(3) "Public employer" means any department, agency, or instrumentality of17
the state or a political subdivision thereof, or the recipient of a grant of more than18
fifty thousand dollars.19
(4) "Status verification system" means an electronic system operated by the20
federal government, through which a public or private employer located in this state21
or a political subdivision of this state may make an inquiry, by exercise of authority22
delegated pursuant to federal law, to verify or ascertain the employment23
authorization status of any individual to whom an offer of employment has been24
made in this state. The status verification system shall be deemed to include either25
of the following:26
(a) The electronic verification of work authorization program of the Illegal27
Immigration Reform and Immigration Responsibility Act of 1996, P.L. 104-208,28 HLS 11RS-302 ORIGINAL
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Division C, Section 403(a); 8 U.S.C. 1324a, and operated by the United States1
Department of Homeland Security, known as the E-Verify Program.2
(b) Any equivalent federal program designated by the United States3
Department of Homeland Security or any other federal agency authorized to verify4
the work eligibility status of newly hired employees, pursuant to the Immigration5
Reform and Control Act of 1986 (IRCA), P.L. 99-603.6
B. The provisions of this Chapter shall be implemented in a manner7
consistent with federal laws regulating immigration, protecting the civil rights of all8
persons, and respecting the privileges and immunities of United States citizens.9
PART II. PUBLIC BENEFITS10
§1314. Public benefits 11
A. Except as provided in Subsection C of this Section or where exempted by12
federal law, each agency and political subdivision of this state, as defined in Article13
VI, Section 44(2) of the Constitution of Louisiana, shall verify the lawful presence14
in the United States of any natural person fourteen years of age or older who has15
applied for state or local public benefits, as defined in 8 U.S.C. 1621, or for federal16
public benefits, as defined in 8 U.S.C. 1611, which are administered by any agency17
or a political subdivision of this state.18
B. The provisions of this Section shall be enforced without regard to race,19
religion, gender, ethnicity, or national origin.20
C. Verification of lawful presence pursuant to the provisions of this Section21
shall not be required for any of the following:22
(1) For health care services or goods that are necessary for the treatment of23
an emergency medical condition, as defined in 42 U.S.C. 1396b(v)(3), for the illegal24
alien involved if the services or goods are not related to an organ transplant25
procedure.26
(2) For short-term, noncash, in-kind emergency disaster relief.27 HLS 11RS-302 ORIGINAL
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(3) For immunizations and public health assistance with respect to diseases1
and for testing and treatment of symptoms of communicable diseases whether or not2
such symptoms are caused by a communicable disease.3
(4) For assistance, programs, and services such as food banks, crisis4
counseling and intervention services, and short-term shelter services specified by the5
United States Secretary of Homeland Security, with the sole discretion of the6
secretary after consultation with appropriate federal agencies and departments which:7
(a) Deliver in-kind services at the community level through public or private8
nonprofit agencies.9
(b) Do not condition the provision of assistance, the amount of assistance10
provided, or the cost of assistance provided on the income, resources, or residency11
of the individual recipient.12
(c) Are necessary for the protection of life or safety.13
D.(1) Verification of lawful presence in the United States by the agency or14
political subdivision required to make such verification shall require that the15
applicant execute an affidavit under penalty of perjury stating that he is either a16
United States citizen or a qualified alien as defined by 8 U.S.C. 1641.17
(2) The applicant shall be responsible for the payment of notary public18
services for the execution of the affidavit required by Paragraph (1) of this19
Subsection.20
E. For any applicant who has executed the affidavit described in Paragraph21
(D)(1) of this Section, eligibility for benefits shall be verified through the Systematic22
Alien Verification for Entitlements (SAVE) Program operated by the United States23
Department of Homeland Security or an equivalent program designated by the24
United States Department of Homeland Security. Until such eligibility verification25
is made, the affidavit may be presumed to be proof of lawful presence for the26
purposes of this Section.27
F. Any person who knowingly and willfully makes a false, fictitious, or28
fraudulent statement of representation in an affidavit executed pursuant to29 HLS 11RS-302 ORIGINAL
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Subsection D of this Section may be charged with the crime of false swearing as1
provided by R.S. 14:125. If the affidavit constitutes a false claim of citizenship2
under 18 U.S.C. 911, a complaint shall be filed by the agency requiring the affidavit3
with the United States Attorney's Office for the applicable district as determined by4
the location in which the affidavit was executed.5
G. Agencies and political subdivisions of this state may adopt by regulation6
variations to the requirements of this Section if the variations demonstrably improve7
the efficiency or reduce delay in the verification process or provide for adjudication8
of unique individual circumstances where the verification procedures would impose9
unusual hardship on an individual who is a legal resident of Louisiana.10
H. It shall be unlawful for any agency or a political subdivision of this state11
to provide any state, local, or federal benefit, as defined in 8 U.S.C. 1621 or 8 U.S.C.12
1611 in violation of the provisions of this Section.13
I. Each state or local agency or department which administers any program14
of federal, state, or local public benefits shall provide an annual report to the office15
of inspector general which details compliance by each agency or department. The16
report shall include information regarding applications for benefits made by illegal17
aliens, and any incidence of fraud, abuse, or application verification errors or18
significant delays. The inspector general shall publish an annual report, which shall19
be made available for public inspection, disclosing public benefits provided to legal20
aliens. The report may also include recommendations to reduce fraud and abuse by21
illegal aliens and to ensure that the application of the SAVE program does not22
erroneously deny benefits to eligible legal residents of Louisiana.23
PART III. HIGHER EDUCATION24
§1315. Postsecondary education benefits; eligibility25
A. An illegal alien shall not be eligible on the basis of residence within the26
state for any postsecondary education public benefit including but not limited to27
resident tuition, restricted admissions programs for disadvantaged or minority28
applicants, scholarships, work-study programs, or financial aid.29 HLS 11RS-302 ORIGINAL
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B. The provisions of Subsection A of this Section shall not apply to any1
student who has received a resident tuition benefit and is currently enrolled in any2
degree program at a postsecondary educational institution within this state if he3
initially enrolled prior to or during the 2011-2012 school year.4
PART IV. COOPERATIVE IMMIGRATION LAW ENFORCEMENT5
§1316. Verification of status upon booking; bond determination; transfer of6
detainees to federal custody7
A. At the time of booking, any peace officer causing an arrest to be made8
shall attempt to verify the citizenship status of the person arrested, and such status9
shall be included in the entry of arrest and summary bookings maintained by the law10
enforcement agency.11
B.(1) If the person arrested is not a citizen or national of the United States,12
the peace officer having custody of the person arrested shall attempt to verify13
whether the person arrested is lawfully or unlawfully present in the United States14
pursuant to federal immigration law.15
(2) If verification of lawful status cannot be confirmed by documents in the16
possession of the arrested person, verification shall be made through a query to the17
Law Enforcement Support Center of the United States Department of Homeland18
Security, or other office or agency designated for that purpose by the United States19
Department of Homeland Security. The peace officer shall attempt to complete the20
verification prior to releasing the arrested person from custody. If the arrested21
person is verified to be an illegal alien, his immigration status and the basis for22
verification shall be included in the record of arrest maintained by the law23
enforcement agency or by the state. If the lawful immigration status of the person24
arrested cannot be verified prior to his release, the arresting law enforcement agency25
shall notify the United States Department of Homeland Security.26
C. For the purpose of determining the granting or issuance of bail for an27
arrested person whose immigration status has been verified pursuant to Subsection28 HLS 11RS-302 ORIGINAL
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B of this Section as being unlawful, there shall be a rebuttable presumption that the1
arrested person is a flight risk.2
D.(1) Notwithstanding any other provision of law to the contrary, a law3
enforcement agency may securely transport an arrested person in its custody who has4
been verified as being an illegal alien to a federal facility in this state or to any other5
point of transfer into federal custody that is outside the jurisdiction of the law6
enforcement agency.7
(2) If the point of transfer is located outside of this state, the illegal alien8
shall be served with a copy of a detainer request issued by a federal immigration9
officer or with a record of judicial authorization for such transfer before the transfer10
may occur.11
§1317. Criminal offenses12
A. It shall be unlawful for any person to move, transport, or attempt to13
transport any illegal alien within this state in furtherance of the illegal presence of14
the alien in the United States, when the offender knows or should have known that15
the alien has entered or remained in the United States illegally.16
B. It shall be unlawful for any person to harbor, conceal, or shelter from17
detection any illegal alien in any place within this state, including both movable and18
immovable property, when the offender knows or should have known that the alien19
has entered or remained in the United States illegally and when either of the20
following occur:21
(1) The offender obtained or intended to obtain a profit, valuable22
consideration, or commercial advantage from any criminal offense described in this23
Section.24
(2) The offender commits another criminal offense within this state while25
engaged in the perpetration of any of the criminal offenses contained in this Section.26
C. It shall be unlawful for any illegal alien lacking employment authorization27
to knowingly apply for work, solicit work in a public place, or perform work for28
compensation in this state, as an employee or as independent contractor.29 HLS 11RS-302 ORIGINAL
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D. Nothing in this Section shall be construed to impose criminal penalties1
on the basis of immigration status and for recipients or beneficiaries of emergency,2
first responder, or child protective services, or for regulated public health services.3
E.(1)(a) Except as provided in Subparagraph (b) of this Paragraph, for a first4
conviction, whoever commits any offense involving the moving, transporting,5
attempting to transport, harboring, concealing, or sheltering of any illegal alien shall6
be fined not less than five hundred dollars, imprisoned not more than six months, or7
both.8
(b) Whoever commits an offense involving the moving, transporting,9
attempting to transport, harboring, concealing, or sheltering of six or more illegal10
aliens shall be fined not less than one thousand dollars for each illegal alien assisted11
and imprisoned for not less than one year.12
(2) Upon a subsequent conviction, whoever commits an offense involving13
the moving, transporting, attempting to transport, harboring, concealing, or14
sheltering of any illegal alien shall be fined not less than one thousand dollars for15
each illegal alien assisted and imprisoned for not less than one year.16
§1318. Memorandum of understanding17
A. The attorney general of this state is authorized and directed to negotiate18
the terms of a memorandum of understanding between the state of Louisiana and the19
United States Department of Justice or the United States Department of Homeland20
Security, as provided by 8 U.S.C. 1357(g), relative to the enforcement of federal21
immigration and customs laws, detention, removals, and investigations in the state22
of Louisiana.23
B. The memorandum of understanding shall be signed on behalf of the state24
of Louisiana by the attorney general of this state and by the governor or other public25
official as provided by the appropriate federal agency.26
C. Nothing in this Section shall be construed to require an agreement with27
a federal agency in order for any officer or employee of a state or political28
subdivision to communicate with the appropriate federal agency regarding the29 HLS 11RS-302 ORIGINAL
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immigration status of any individual, including reporting knowledge of the presence1
of any illegal alien, or to otherwise cooperate with the appropriate federal agency in2
the identification, apprehension, detention, or removal of illegal aliens.3
§1319. Restriction on local ordinances; right of action4
A. No local government, whether acting through its governing body or by5
an initiative, referendum, or any other process, shall enact or implement any6
ordinance or policy that limits or prohibits a law enforcement officer, local official,7
or local governmental employee from communicating or cooperating with federal8
officials or agencies with regard to the immigration status of any person within this9
state.10
B. Notwithstanding any other provision of law to the contrary, no11
government entity or official within this state may prohibit or in any way restrict any12
government entity or official from exchanging information with the United States13
Department of Homeland Security regarding the citizenship or immigration status14
of any individual.15
C. Notwithstanding any other provision of law to the contrary, no person or16
agency may prohibit or in any way restrict any public employee from requesting,17
receiving, or sending information regarding the immigration status of any individual18
to or from the United States Department of Homeland Security, maintaining such19
information, or exchanging such information with any other federal, state, or local20
government entity.21
D. The provisions of R.S. 49:1314, 1315, and this Section shall authorize any22
natural or juridical person lawfully domiciled in this state to file for a writ of23
mandamus to compel any noncooperating local or state governmental agency to24
comply with requirements of this Section.25
PART V. IMMIGRATION AND WORK AUTHORIZATION STATUS26
§1320. Work authorization status verification system27
A.(1) No later than March 15, 2012, every public employer shall register28
with and utilize a status verification system to verify the federal employment29 HLS 11RS-302 ORIGINAL
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authorization status of all new employees. No public employer shall enter into a1
contract for services to be performed or provided within this state, unless the2
contractor has registered and participates in the status verification system to verify3
the work eligibility status of all new employees.4
(2) The provisions of this Subsection shall not apply to contracts entered into5
prior to August 15, 2011, even if such contracts may involve the performance of6
services within the state of Louisiana after such date.7
B. No employee shall be discharged or retaliated against in any other8
manner, by his employer, for making a complaint to the employing entity, the United9
States Department of Homeland Security, any law enforcement agency, or the10
Louisiana Workforce Commission alleging that employment in Louisiana is11
unauthorized.12
C. Any employment entity who was enrolled in and used a status verification13
system to verify the employment eligibility of employees hired after August 15,14
2011, shall be exempt from liability under the provisions of this Section for a15
discharge of any illegal alien that occurs on or after that date.16
D. Any natural or juridical person lawfully domiciled in this state may file17
for a writ of mandamus to compel any noncooperating public employer or contractor18
to comply with requirements of this Section.19
§1321. Identification documents20
A. Notwithstanding any other provision of law to the contrary, the following21
entities may create, publish, or otherwise manufacture an identification document,22
identification card, or identification certificate and may possess an engraved plate23
or other such device for the printing of such identification provided that the name of24
the issuing entity is clearly printed upon the face of the identification:25
(1) Businesses, companies, corporations, service organizations, and federal,26
state, and local governmental agencies for use as employee identification which is27
designed to identify the bearer as an employee.28 HLS 11RS-302 ORIGINAL
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(2) Businesses, companies, corporations, and organizations for use as1
identification which is designed to identify the bearer as a customer or member.2
(3) Federal, state, and local government agencies for purposes authorized or3
required by law or any legitimate purpose consistent with the duties of such an4
agency, including but not limited to voter identification cards, drivers' licenses,5
special identification cards, passports, birth certificates, and social security cards.6
(4) Any public, private, or parochial school to identify the bearer as an7
administrator, faculty member, student, or employee.8
(5) Any professional organization or labor union to identify the bearer as a9
member.10
(6) Businesses, companies, or corporations which manufacture medical-alert11
identification for the wearer thereof.12
B.(1) Identification documents as provided in Paragraph (A)(3) of this13
Section shall be issued only to United States citizens, nationals, and legal permanent14
resident aliens.15
(2) Identification documents as provided in Paragraph (A)(4) of this Section16
shall be issued only to United States citizens, nationals, and legal permanent resident17
aliens unless the identification document is only valid for use on the campus or18
facility of the educational institution and includes a statement of such restricted19
validity clearly and conspicuously printed upon the face of the identification20
document.21
C. The provisions of Subsection B of this Section shall not apply when an22
applicant presents, in person, valid documentary evidence of any of the following:23
(1) A valid, unexpired immigrant or nonimmigrant visa status for admission24
into the United States.25
(2) A pending or approved application for asylum in the United States.26
(3) Admission into the United States with refugee status.27
(4) A pending or approved application for temporary protected status in the28
United States.29 HLS 11RS-302 ORIGINAL
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(5) Approved deferred action status.1
(6)(a) A pending application for adjustment of status to legal permanent2
residence status or conditional resident status.3
(b) Upon approval, the applicant for adjustment of status may be issued an4
identification document provided for in Paragraphs (A)(3) and (A)(4) of this Section.5
Such identification document shall be valid only during the authorized stay of the6
applicant in the United States or, if there is no definite end to the period of7
authorized stay, it shall be valid for a period of one year. Any identification8
document issued pursuant to the provisions of this Section shall clearly indicate that9
the identification is temporary and shall state the date that the identification10
document expires. Such identification document may be renewed only upon11
presentation of valid documentary evidence that the status by which the applicant12
qualified for the identification document has been extended by the United States13
Citizenship and Immigration Services or other authorized agency of the United14
States Department of Homeland Security.15
D. The requirements of Subsection C of this Section shall apply to the first16
renewal, the duplication and the reissuance of a driver's license or special17
identification card issued prior to August 15, 2011. The provisions of this18
Subsection shall not apply to United States citizens, nationals, or legal permanent19
resident aliens.20
§1322. Fraudulent documents identification unit21
Subject to the availability of funding, the attorney general of this state shall22
establish a Fraudulent Documents Identification (FDI) Unit for the primary purpose23
of investigating and apprehending persons or entities that participate in the sale or24
distribution of fraudulent documents used for identification purposes. The unit shall25
provide specialized training to state and local government agencies in the detection26
of fraudulent identification documents created or prepared for illegal aliens residing27
in the state of Louisiana. The attorney general of this state shall employ sufficient28
employees to investigate and implement an FDI Unit.29 HLS 11RS-302 ORIGINAL
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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. 59
Abstract: Creates the La. Taxpayer and Citizen Protection Act of 2011 to provide with
respect to verification of citizenship status of residents of Louisiana as it relates to
employment, educational benefits, public benefits, identification, arrest, criminal
offenses, and law enforcement.
Proposed law creates the La. Taxpayer and Citizen Protection Act of 2011.
Proposed law requires that agencies use the Systematic Alien Verification for Entitlements
(SAVE) program to verify the citizenship status for persons ages 14 and older who apply for
public benefits, except for certain emergency services in certain situations and for the
prevention and treatment of communicable diseases.
Proposed law further provides that as a temporary verification of citizenship status while
awaiting confirmation by the SAVE program, an applicant for public services shall execute
a notarized affidavit stating that he is a U.S. citizen or a qualified alien.
Proposed law provides that any illegal alien who enrolls in a postsecondary institution within
the state of La. after the 2011-2012 school year shall not be eligible for any resident tuition
benefit, restricted admission program for disadvantaged or minority applicants, work-study
program, or financial aid.
Proposed law provides that upon booking, an arresting law enforcement officer shall verify
the citizenship status of the arrested person.
Proposed law requires law enforcement agencies to attempt to verify the citizenship status
of an arrested person before release from custody. If his status cannot be verified before his
release, the agency shall notify the U.S. Dept. of Homeland Security.
Proposed law specifies that if the arrested person is an illegal alien, the law enforcement
agency may transfer him into federal custody.
Proposed law creates the crimes of unlawfully moving, transporting, attempting to transport,
harboring, concealing, or sheltering an illegal alien if the offender knew or should have
known the person is unlawfully present in the U.S., and specifies penalties for conviction of
those crimes.
Proposed law provides that it is unlawful for any illegal alien who lacks employment
authorization to seek employment.
Proposed law authorizes the attorney general to negotiate a memorandum of understanding
between the state of La. and the federal government relative to the enforcement of
immigration laws.
Proposed law prohibits local governing bodies from enacting any ordinance which would
limit cooperation in the enforcement of immigration laws.
Proposed law requires every public employer to utilize a status verification system to verify
employment authorization status for all new employees. HLS 11RS-302 ORIGINAL
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Proposed law allows certain entities to manufacture identification documents, cards, or
certificates only to U.S. citizens, nationals, or legal permanent resident aliens unless the
identification clearly indicates a specific and limited use or if the applicant presents evidence
that he is lawfully present in the U.S.
Proposed law requires that, subject to availability of funding, the attorney general shall
establish a fraudulent document identification unit to investigate and apprehend persons in
violation of proposed law.
(Adds R.S. 49:1311-1322)