Main provisions of SB81

SB81 at a glance — As Amended Thursday

• Requires jail officials make a "reasonable effort" to determine the citizenship and legal status of suspects charged with felonies or drunk driving and notify the Department of Homeland Security if status can't be determined.

• Creates a "rebuttable presumption" that illegal presence is a flight risk.

• Prevents undocumented immigrants from obtaining restaurant or private club liquor licenses.

• Makes citizenship, permanent residency or other legal status, with a few exceptions, a requirement for identification documents by government agencies. Educational institutions are exempt.

• Requires public employers to use federal E-Verify program to check the legal status of new hires.

• Starting July 1, 2009, contractors would have to use E-Verify to contract with the public employers.

• Starting July 1, 2009, makes it unlawful for an employer to discharge a U.S. citizen or legal permanent resident employee when an undocumented immigrant is performing a similar job.

• Requires verification of legal status of applicants age 18 or older who apply for public benefits that aren't required federally to be provided. Exemptions include health care — except organ transplants, short-term, noncash, in-kind emergency disaster relief, public health assistance for immunizations, testing and treating of communicable diseases, and programs such as soup kitchens that deliver community level services needed for the protection of life or safety.

• Applicants for public benefits must certify their eligibility with documentations such as a birth certificate or tribal document. A false application would be cause for criminal charges and a false claim of U.S. citizenship would be reported to the Attorney General's Office.

• State agencies or departments that provide public benefits would need to provide annual report to the governor, Senate president and House speaker, on its compliance and ensure it is not denying benefits to legal residents.

• Subject to availability of funding, the attorney general establishes a Fraudulent Documents Identification Unit to target the sale and distribution of fraudulent documents.

• Requires the attorney general to enter into a agreement with Department of Homeland Security for "enforcement of federal immigration and customs laws" by some state and local law enforcement personnel. It prevents local governments from prohibiting such an agreement

• Prevents local governments from passing ordinances or policies that limit or prevent law officers or public employees from cooperating with federal officials regarding an individual's immigration status.

• Creates a class A misdemeanor for transporting, concealing or harboring an undocumented immigrant "knowing or in reckless disregard" of their status for private commercial advantage or private financial gain.

• Exempts charitable or humanitarian assistance, if that assistance is provided, by a charitable, educational, or religious organization or its employees, agents, or volunteers using private funds. Also Exempts religious organizations or members to allow aliens acts as ministers or missionaries as volunteers, if they've been a member of that religious organization for at least a year.