11RS SB6
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SB6

11RS

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SB 6/FN/LM/CI (BR 45) - J. Schickel, B. Smith

     AN ACT relating to unauthorized aliens.
     Create new sections of KRS Chapter 432 to define terms; set out the intent of the chapter and prevent the adoption of policies, administrative regulations, or laws that restrict the enforcement of federal immigration laws; allow for determining the immigration status of a person on reasonable suspicion, the arrest of an unlawful alien upon probable cause, and the transference of a convicted unlawful alien to the United States Immigration and Customs Enforcement or the United States Customs and Border Protection; specify that officials or agencies may not be prohibited from sharing the immigration status of a person under specific instances; indemnify a governmental law enforcement officer where the officer has been brought into a legal action; make it a Class D felony to intentionally smuggle persons for profit or commercial purposes, a Class B felony if the smuggled person is under 18 or the offense involved a deadly weapon, or a Class C felony if serious physical injury is used or threatened; define trespassing by an unauthorized alien in the first degree and set out the penalties for conviction; make it a Class A misdemeanor for a person to transport or conceal unauthorized aliens, or encourage an unauthorized alien to come to this state; amend KRS 186A.320 to include motor vehicles used in violation of Section 8 of this Act in the impoundment procedures.

SB 6 - AMENDMENTS


     SCS/LM/CI - Clarify definition of unauthorized alien as an alien who does not have legal authorization to enter, be in, or remain in the United States; delete reference to other government agencies in law enforcement questioning of suspected unauthorized aliens; require an unauthorized alien to have been arrested prior to being turned over to federal authorities; clarify that a convicted unauthorized alien not be released to federal government until after serving any sentence whether or not a fine has been imposed; clarify definition of "terrorism" to include domestic and international terrorism; change crime of assisting an illegal alien to assisting an unauthorized alien; clarify procedure for seizing means of transportation and forfeiture procedures for offenses relating to assisting an unauthorized alien; provide defense for employer of unauthorized alien who has relied on identification documents or Federal E-Verify results; remove provision relating to amendment of KRS 186A.320; make various technical and reference changes.
     SFA (1, R. Palmer II) - Replace provisions of the bill with new provisions that would create a new section of KRS Chapter 45A to define terms relating to bill; create a new section of KRS Chapter 45A relating to public agencies to require use of federal employment verification programs and prohibit hiring unauthorized aliens; create a new section of KRS Chapter 45A to require all contractors and subcontractors with public agencies to use federal employment verification programs, not hire unauthorized aliens, and provide sworn affidavits of compliance; create a new section of KRS Chapter 45A to provide for civil enforcement and canceling of contracts; permit courts to enjoin violations; require suspension from further public agency contracts for 5 years if employer is found to have hired unauthorized aliens.
     SFA (2, R. Palmer II) - Replace provisions of the bill with new provisions that would create a new section of KRS Chapter 45A to define terms relating to bill; create a new section of KRS Chapter 45A relating to public agencies to require use of federal employment verification programs and prohibit hiring unauthorized aliens; create a new section of KRS Chapter 45A to require all contractors and subcontractors with public agencies to use federal employment verification programs, not hire unauthorized aliens, and provide sworn affidavits of compliance; create a new section of KRS Chapter 45A to provide for civil enforcement and canceling of contracts; permit courts to enjoin violations; require suspension from further public agency contracts for 5 years if employer is found to have hired unauthorized aliens.

     Jan 4-introduced in Senate; to Judiciary (S); taken from Judiciary (S); 1st reading; returned to Judiciary (S)
     Jan 5-taken from Judiciary (S); 2nd reading; returned to Judiciary (S)
     Jan 6-reported favorably, to Rules with Committee Substitute ; floor amendment (2) filed to Committee Substitute, floor amendment (1) filed
     Jan 7-posted for passage in the Regular Orders of the Day for Friday, January 7, 2011; floor amendment (1) withdrawn ; 3rd reading; floor amendment (2) defeated ; passed 24-14 with Committee Substitute
     Feb 2-received in House
     Feb 4-to Local Government (H)

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