STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 22	By:	Coates

AS INTRODUCED

An Act relating to immigration; creating the "Oklahoma Guest Worker Permit Program Act"; providing short title; defining terms; providing for administration of certain program; specifying requirements for Department of Labor in administering program; requiring requests for certain waivers, exemptions, or authorizations from federal government; specifying time for implementation; creating certain fund; allowing for deposits and expenditures; authorizing cooperation with other state and federal laws; providing method of tax calculation under certain circumstances; authorizing receipt of certain permit under certain circumstances; prohibiting certain uses of permits; specifying criteria for permits; authorizing adoption of rules; providing for payment of certain costs; providing criteria for immediate family permit; providing requirements for permit structure; providing for expiration; specifying application procedure; providing for appeal; providing for revocation under certain circumstances; requiring verification of permit validity for certain hiring; requiring update of certain information; providing for termination of permit under certain circumstances; requiring notice; allowing for appeal; limiting liability; prohibiting receipt of certain benefits or services; prohibiting certain conduct; providing for fines and penalties; providing certain notice upon findings of undocumented individuals; providing for codification; providing for noncodification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Oklahoma Guest Worker Permit Program Act”.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 361 of Title 40, unless there is created a duplication in numbering, reads as follows:
As used in the Oklahoma Guest Worker Permit Program Act:
1.  "Basic health insurance plan" means a health plan that is actuarially equivalent to a federally qualified high deductible health plan;
2.  "Guest worker" means an undocumented individual who holds a guest worker permit;
3.  "Guest worker permit" means a permit issued in accordance with Section 7 of this act to an undocumented individual who meets the eligibility criteria of Section 8 of this act;
4.  “Guest worker permit sponsor” means a person or entity that will submit information requested on behalf of a person applying for a guest worker permit and agrees to employ the applicant upon approval for the term of the permit and enroll the guest worker in a basic health insurance plan;
5.  "Immediate family" means for an undocumented individual:
a.	the undocumented individual's spouse, or
b.	a child of the undocumented individual if the child is:
(1)	under twenty-one (21) years of age, and
(2)	unmarried;
6.  "Immediate family permit" means a permit issued in accordance with Section 7 of this act to an undocumented individual who meets the eligibility criteria of Section 9 of this act;
7.  "Lawfully present in the United States" is as defined in 8 C.F.R. Sec. 103.12;
8.  "Permit" means a permit issued under this act and includes:
a.	a guest worker permit, and
b.	an immediate family permit;
9.  "Permit holder" means an individual who holds a permit;
10.  "Program" means the Oklahoma Guest Worker Permit Program described in Section 3 of this act;
11.  "Relevant contact information" means the following for an
undocumented individual:
a.	the undocumented individual's name,
b.	the undocumented individual's residential address,
c.	the undocumented individual's residential telephone number,
d.	the undocumented individual's personal email address,
e.	the name of the person with whom the undocumented individual has a contract for hire,
f.	the name of the contact person for the person listed in subparagraph e of this paragraph,
g.	the address of the person listed in subparagraph e of this paragraph,
h.	the telephone number for the person listed in subparagraph e of this paragraph,
i.	the names of the undocumented individual's immediate family members,
j.	the names of the family members who reside with the undocumented individual, and
k.	any other information required by the Department of Labor as may be developed by rule;
12.  "Restricted account" means the Guest Worker Permit Restricted Account created in Section 5 of this act; and
13.  "Undocumented individual" means an individual who:
a.	lives or works in the state, and
b.	is not lawfully present in the United States.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 362 of Title 40, unless there is created a duplication in numbering, reads as follows:
A.  The Department of Labor shall administer a program known as the "Oklahoma Guest Worker Permit Program".  Under the Program, the Department shall:
1.  Seek one or more waivers, exemptions, or authorizations to implement the Program as provided in Section 6 of this act;
2.  Issue a permit as provided in Section 10 of this act;
3.  Establish fees for any filing requirements or services that may be required by this act;
4.  Take action for enforcement as provided by this act; and
5.  Report annually any statical or financial information generated by the Program to the Governor and the Legislature.
B.  The Department shall promulgate and adopt rules to the extent expressly provided for in this act.
C.  In implementing this act, the Department shall cooperate with other state agencies to minimize any duplication in databases or services required under this act.
SECTION 4.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 363 of Title 40, unless there is created a duplication in numbering, reads as follows:
A.  The Department of Labor, in cooperation with the Office of the Governor, shall seek one or more federal waivers, exemptions, or authorizations to implement the Program.
B.  The Governor shall actively participate in the effort to obtain one or more federal waivers, exemptions, or authorizations under this section.  The Governor may execute any memorandum of understanding necessary for implementation and any such cooperative agreements between this state and the federal government shall be compatible with the Immigration and Nationality Act, 8 U.S.C. Section 1101 et seq.
C.  The Department shall implement the Program the sooner of:
1.  One hundred twenty (120) days after the day on which the Governor finds that this state has the one or more federal waivers, exemptions, or authorizations needed to implement the Program; or
2.  July 1, 2014.
SECTION 5.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 364 of Title 40, unless there is created a duplication in numbering, reads as follows:
A.  There is created in the State Treasury a revolving fund for the Department of Labor to be designated as the "Guest Worker Permit Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations.  Monies deposited or apportioned to the credit of the fund may be expended for the purposes authorized by law.
B.  1.  The fund shall consist of:
a.	fees collected under this act,
b.	a fine collected pursuant to Section 14 of this act,
c.	civil penalties imposed under this act,
d.	money appropriated to the restricted account by the Legislature, and
e.	interest earned on the restricted account.
2.  The restricted account shall earn interest.
C.  The Legislature may appropriate money from the restricted account for:
1.  The Department of Labor and the Office of the Governor to pay the costs associated with the implementation of Section 3 of this act;
2.  The Department to administer the Program;
3.  The Oklahoma Tax Commission for costs associated with implementing Section 6 of this act; and
4.  The Attorney General for costs associated with litigation related to this act.
Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims submitted to the Director of State Finance.
SECTION 6.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 365 of Title 40, unless there is created a duplication in numbering, reads as follows:
A.  To the extent feasible, the Department of Labor shall coordinate the implementation of the Program with other existing state and federal laws that relate to immigration and labor, including laws pertaining to obtaining the privilege to drive and to report citizenship status.
B.  1.  If a waiver, exemption, or authorization described in Section 4 of this act does not provide for the issuance of a Social Security number to a guest worker, the Oklahoma Tax Commission shall, by rule, provide a means for a person who receives services from a guest worker to withhold from compensation paid to the guest worker an amount to be determined by the Tax Commission
rule that, as closely as possible, equals the income and employment taxes that would be imposed by state and federal law if the guest worker were an employee with a Social Security number.
2.  If a waiver, exemption, or authorization described in Section 4 of this act provides for the issuance of a Social Security number to a guest worker, a person who receives services from a guest worker is required to withhold from compensation as provided by law.
C.  The Department shall facilitate the use in this state of other employer-based work programs that meet the needs of employers of this state by using workers who are not working in Oklahoma and who are not United States citizens.  Nothing in this act prevents a person from using an employer-based work program described in this subsection that exists under the auspices of a foreign government in cooperation with the United States government.
SECTION 7.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 366 of Title 40, unless there is created a duplication in numbering, reads as follows:
A.  1.  An undocumented individual who is eligible to obtain a permit under this act may obtain a permit in accordance with this act.
2.  An undocumented individual shall obtain a guest worker permit before providing services to a person in this state under a contract for hire.
3.  An undocumented individual who holds an immediate family permit under this act may not provide services in this state under a contract for hire.
B.  An individual may not use a permit:
1.  To establish entitlement to a federal, state, or local
benefit; or
2.  To obtain work or provide services in a state other than
Oklahoma.
SECTION 8.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 367 of Title 40, unless there is created a duplication in numbering, reads as follows:
A.  To be eligible to obtain or maintain a guest worker permit, an undocumented individual shall:
1.	a.	be eighteen (18) years of age or older, or
b.	if younger than eighteen (18) years of age, have the permission of a parent or guardian;
2.  Live in this state, but not be lawfully present in the United States;
3.  Have worked or lived in the United States before May 10, 2013;
4.  Obtain a guest worker permit sponsor;
5.  Provide relevant contact information and regularly update the relevant contact information in a manner as may be required by rule;
6.  Provide documentation of a contract for hire under which the undocumented individual begins to provide services within at least thirty (30) days of the day on which the undocumented individual obtains the permit;
7.	a.	agree to a criminal background check described in subsection C of this section, and
b.	not have been convicted of, pled guilty to, pled no contest to, pled guilty in a similar manner to, or resolved by diversion or its equivalent to a felony;
8.  Provide evidence satisfactory to the Department of Labor that the person would not be inadmissible for public health grounds under 8 U.S.C. Sec. 1182; and
9.  Be covered by a basic health insurance plan, and agree to have no medical debt that is past due during the term of the permit.
B.  The Department may by rule, provide for the documentation required to establish eligibility under subsection A of this section.  When making a rule under this section, the Department shall use federal standards as a guideline to avoid unnecessary duplication and additional costs.
C.  1. The Department shall require an undocumented individual applying for a guest worker permit, or renewing a guest worker permit, to submit to a criminal background check as a condition of receiving or renewing the guest worker permit.
2.  An undocumented individual required to submit to a criminal background check pursuant to this section, shall:
a.	submit a fingerprint card in a form acceptable to the Department, and
b.	consent to a fingerprint background check by the Oklahoma State Bureau of Investigation and the Federal Bureau of Investigation.
3.  For an undocumented individual who submits a fingerprint card and consents to a fingerprint background check under paragraph 2 of this subsection, the Department may request:
a.	criminal background information maintained by the Oklahoma State Bureau of Investigation, and
b.	complete Federal Bureau of Investigation criminal background checks through the national criminal history system.
4.  Information obtained by the Department from the review of criminal history records received under this subsection shall be used by the Department to determine eligibility to obtain a permit.
5.  The Department shall:
a.	pay to the Federal Bureau of Investigation the costs incurred by the Federal Bureau of Investigation in providing the Department criminal background information under this subsection, and
b.	charge the undocumented individual applying for the permit a fee equal to the aggregate of the costs incurred by the Department pursuant to this section.
SECTION 9.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 368 of Title 40, unless there is created a duplication in numbering, reads as follows:
To be eligible to obtain or maintain an immediate family permit, an undocumented individual shall:
1.  Live in this state, but not be lawfully present in the United States;
2.  Be a member of a guest worker's immediate family; and
3.  Provide relevant contact information and regularly update the relevant contact information in a manner as may be required by rule.
SECTION 10.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 369 of Title 40, unless there is created a duplication in numbering, reads as follows:
A.  The Department of Labor may not issue a permit under this act until the Program is implemented.
B.  The Department shall create a permit that:
1.  Is of impervious material that is resistant to wear or damage;
2.  Minimizes the risk that the permit may be forged, falsified, or counterfeited; and
3.  Ensures that the permit:
a.	includes a photograph of the individual to whom the permit is issued,
b.	prominently states the day on which the permit expires, and
c.	prominently states the type of permit.
C.  A permit expires two (2) years from the day on which the Department issued the permit unless otherwise revoked or terminated as provided by this act.
D.  To apply for or renew a permit, an undocumented individual shall submit to the Department, in a form acceptable under this act:
1.  An application;
2.  Documentation meeting the criteria pursuant to Section 7 of this act;
3.  A signed statement verifying the information in the application and documentation;
4.  An application fee of One Thousand Dollars ($1,000.00) and a renewal fee of One Thousand Dollars ($1,000.00) for the guest worker permit; and
5.  An application fee of Five Hundred Dollars ($500.00) for each qualifying immediate family member for an immediate family member permit.
E.  If an undocumented individual submits a complete application and the Department determines that the undocumented individual meets the criteria pursuant to Section 8 of this act, the Department shall issue or renew:
1.  A guest worker permit if the undocumented individual qualifies; and
2.  An immediate family permit if the undocumented individual qualifies.
F.  An undocumented individual may appeal a denial of a permit under this section in accordance with the Administrative Procedures Act.
SECTION 11.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 370 of Title 40, unless there is created a duplication in numbering, reads as follows:
A.  A permit holder shall continue to meet the eligibility criteria under Section 8 of this act for the type of permit held by the permit holder.
B.  A permit is automatically revoked if after issuance of the permit:
1.  The permit holder to whom it is issued is convicted of, pleads guilty to, or pleads no contest to a felony;
2.  For a guest worker permit, the permit holder to whom it is issued does not provide services under a contract for hire with the guest worker permit sponsor for more than ninety (90) days; or
3.  For an immediate family permit, the guest worker permit under which the immediate family member's permit is issued is revoked or expires under this act.
SECTION 12.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 371 of Title 40, unless there is created a duplication in numbering, reads as follows:
A.  1.  A person who hires a guest worker shall verify with the Department of Labor that the guest worker permit is valid in accordance with a procedure established by the Department by rule.
2.  A guest worker that is hired by an employer other than the guest worker permit sponsor shall update the Department with the name, phone number, and address of the employer.
3.  The verification procedure adopted under this subsection shall be substantially similar to the employer requirements to verify federal employment status under:
a.	Title 13, Chapter 47, Private Employer Verification Act, and
b.	Title 63G, Chapter 11, Identity Documents and Verification.
4.  Subject to subsection B of this section, a person shall terminate a guest worker if the guest worker is determined by the department to not hold a valid guest worker permit.
5.  A.  A guest worker permit sponsor shall notify the Department of a termination of employment of a guest worker within three (3) business days of that termination.  If there is a termination of employment by the guest worker permit sponsor of a guest worker, the guest worker shall obtain a new guest worker permit within thirty (30) days of that date of notice of termination received by the Department as required by this paragraph and meeting the eligibility criteria of Section 8 of this act.
B.  An undocumented individual may appeal a determination that a permit is invalid in accordance with the Administrative Procedures Act.
C.  The state is not liable to any person for:
1.  The design, implementation, or operation of a verification procedure under this act;
2.  The collection and disclosure of information as part of a verification procedure under this act; or
3.  The determination that a permit is invalid.
SECTION 13.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 372 of Title 40, unless there is created a duplication in numbering, reads as follows:
A.  A permit holder who holds an immediate family permit may not apply for or obtain a contract for hire for services in this state.
B.  A person may not:
1.  Furnish false or forged information or documentation in support of an application;
2.  Alter the information on a permit;
3.  Allow an individual to use a permit if the individual is not entitled to use the permit;
4.  Display or represent that a permit is issued to an individual, if the permit is not issued to the individual;
5.  Display a revoked permit as a valid permit;
6.  Knowingly or with reckless disregard acquire, use, display, or transfer an item that purports to be a valid permit, but that is not a valid permit; or
7.  Otherwise violate this act.
C.  A person that is a guest worker that has an unapproved absence from work for ten (10) consecutive days shall be in violation of this act and such permit shall be subject to revocation by the Department of Labor.
SECTION 14.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 373 of Title 40, unless there is created a duplication in numbering, reads as follows:
For violations pursuant to this act, the Department of Labor may:
1.  Suspend, limit, or revoke and repossess a permit;
2.  Impose a civil penalty not to exceed One Thousand Dollars ($1,000.00) for each violation by an applicant;
3.  Impose a civil penalty of Five Thousand Dollars ($5,000.00) for each occurrence for any employer fraudulently utilizing the provisions of this act; or
4.  Take a combination of actions under this section.
SECTION 15.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 374 of Title 40, unless there is created a duplication in numbering, reads as follows:
A person is guilty of a misdemeanor if the person:
1.  Furnishes false or forged information or documentation in support of an application; or
2.  Alters the information on a permit.
SECTION 16.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 375 of Title 40, unless there is created a duplication in numbering, reads as follows:
A.  The Department of Labor shall provide the notice described in subsection B of this section, if the Department determines that an undocumented individual who is not lawfully present in the United States:
1.  Has had the undocumented individual's permit revoked; or
2.  Has allowed the undocumented individual's permit to expire.
B.  1.  The Department shall provide the notice required by subsection A of this section to:
a.	the Attorney General,
b.	the Department of Public Safety, and
c.	United States Immigration and Customs Enforcement.
2.  The notice required by subsection A of this section shall:
a.	include:
(1)	the last known address of the undocumented individual, and
(2)	the basis of the notice described in subsection A of this section, and
b.	be sent promptly after the day on which the time to appeal, if any, the action that is the basis for the notification under subsection A of this section ends.
SECTION 17.  This act shall become effective November 1, 2013.

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