State & Local Legislation from FAIRSee the update below for the latest legislative news from the states.

California

Assembly Bill 4, the so-called “TRUST Act,” was amended, read a third time and passed the Senate with a vote of 25-11 on September 9. The bill was returned to the Assembly for concurrence with the amendments the same day. The bill may be considered on or after September 11, 2013 pursuant to Assembly Rule 77, which states:

Concurrence in any Senate Amendment to an Assembly bill requires the same affirmative recorded vote as the vote required by the California Constitution for the passage of the bill. A vote on concurrence may not be taken until the bill has been on the unfinished business file for one calendar day, except that when the bill is placed upon the unfinished business file during the last two legislative days preceding (1) the January 31 bill passage deadline specified by Section 10 of Article IV of the California Constitution, (2) the scheduled commencement of the interim study recess, or (3) the scheduled commencement of the final recess as specified by the Joint Rules of the Senate and Assembly, it may be acted upon immediately. The vote on concurrence shall be deemed the vote upon final passage of the bill. Senate amendments to Assembly bills may not be concurred in unless and until an analysis of the measure has been distributed by the Assembly Floor Analysis Unit and a copy placed upon the desks of the Members, unless otherwise ordered by the Speaker. As used in this rule, “bill” does not include a joint or concurrent resolution, but does include a constitutional amendment.

Assembly Bill 60, which would grant driver’s licenses to illegal aliens, was passed out of the Senate’s Appropriations Committee by a vote of 5 to 2 on September 3 and read a second time and amended. It was ordered to third reading on September 6. The bill has been amended to include a two-tier driver’s license system to comply with the REAL ID Act of 2005. The license would contain the phrase:

This card is not acceptable for federal purposes; it is acceptable for driving privileges only. It does not establish eligibility for employment, voter registration, or public benefits.
The law would be on operative January 1, 2015.
Senate Bill 141, which grants in-state tuition and financial aid eligibility to any U.S. citizen child whose parent(s) were deported or voluntarily departed the U.S. and 1) moved abroad; 2) lived in California immediately before moving abroad; 3) attended an elementary or secondary school in California for 3 or more years; 4) is enrolled for their 1st year at a California college or university; and 5) demonstrates a financial need for the exemption, was read a third time and amended in the Assembly and again was ordered to third reading on September 6.
Senate Bill 666, which prohibits any member of the California State Bar from reporting, or threatening to report, the immigration status of a witness or party to a civil or administrative action, or his or her family member, to a federal, state, or local agency because the witness or party exercises a right related to his or her employment, passed the Assembly 52-17 on September 9 and has been transmitted back to the Senate for concurrence with amendments.

Kansas

House Bill 2001 and Senate Bill 1, which loosened the requirements to prove citizenship to register to vote, specifically, added a signed affidavit swearing U.S. citizenship to the list of acceptable items of proof, died in their respective committees: the House Committee on Elections on September 5 and Senate Committee on Ethics, Elections and Local Government on September 4.

Massachusetts

House Bill 3285, which prohibits the DMV registrar from denying a driver’s license or learner’s permit to any person who fails to provide evidence of immigration status or a Social Security Number had a hearing on Sept. 10 before the Joint Committee on Transportation.

The new driver’s license would be valid for a period of up to four years per Section 8B1/2(a). The driver’s license is invalid if the holder is unable to provide proof of insurance upon request of a law enforcement officer per Section 8B1/2(c). The license may not be used as proof of eligibility for any public benefit and shall be visually distinct from a driver’s license issued to a person who is eligible for a Social Security Number.

North Carolina

Despite the veto override, of HB 786 on September 3-4, Governor McCrory has not given up the fight on behalf of those he represents. He said in a statement last Wednesday that he plans to direct the executive branch “to explore all legal and executive authority to ensure the letter and spirit of our nation’s immigration law is followed in this state.”
For additional information on HB 786, see the update from earlier today.