Madison County (Alabama) Attorney - Memo to Tax Collector re HB56 (10/26/11)

8/3/2019 Madison County (Alabama) Attorney - Memo to Tax Collector re HB56 (10/26/11)

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TO:

DATE:RE:

MEMORANDU

Honorable LyndaTax CollectorMadison COlmty, abama100 Northside Sq are1st FloorHuntsville, AL 35801

October 26, 2011Alabama Act 2011-535; The "Immigration Act"

As you may have heard, portions of Alabama Act 2011-535, commonly known as the"Immigration Act," are now in effect. We believe this law affects ad valorem tax sales. Beforeselling property to an individual at a tax sale, certain measures must be taken to ensure thatindividual is a United States citizen or is otherwise lawfully present in the United States. Thesame measures also apply to general partnerships. They do not apply to corporations, limitedliability companies, or limited liability partnerships.If an individual claims to be a United States citizen, require them to do two things:

1. He/she must provide one of the documents listed on Exhibit A to this memo; and2. He/she must initial the applicable line and sign the declaration attached as ExhibitB to this memo.

If an individual claims he/she is not a United States citizen but is, instead, an alien present in theUnited States lawfully, require them to do two things:

I. He/she must provide one of the documents listed on Exhibit C to this memo; and2. He/she must initial the applicable line and sign the declaration attached to thismemo as Exhibit B.

If a general partnership is attempting to purchase property at a tax sale, each partner mustcomply with these requirements. I f an individual or general partnership will not comply withthese requirements, do not allow them to purchase the property.

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October 26, 2011Page 2

Madison County, Alabama is in the process of registering for the Systematic Alien Verificationfor Entitlements Program ("SAYEn) which is operated by the United States Depmtment ofHomeland Security. Once Madison County is fully registered, each individual who claimshe/she is an alien lawfully present in the United States must be vetified through SAVE. Moreinformation regarding SAVE will follow once registration is completed.A non-marked copy of Exhibit B is also attached hereto for use by your department. If you haveany questions about how the Immigration Act affects your department, please do not hesitate tocontact my office.

JDB/mnEnclosuresc: Honorable Mike Gillespie, Madison County Conunission ChairmanHonorable Roger Jones, District One CommissionerHonorable Faye Dyer, District Two CommissionerHonorable Jerry Craig, District Three CommissionerHonorable Dale W. Strong, District Four CommissionerHonorable Phil Riddick, District Five CommissionerHonorable Robert C. Hartison, District Six CommissionerMr. Howard Baites, County Administrator

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EXHIBIT A

CITIZENSHIP DOCUMENTSOne of the following documents, or a legible photocopy, must be presented in order to showUnited States citizenship prior to entering into any transaction with Madison County, exceptwhen applying for a marriage license (See Ala. Laws, Act. No. 2011-535, Section 7; Section 30):

I. Driver's License or Non-Driver ID Card. This card may be issued by Alabama or anotherstate. To be acceptable proof of citi zenship, the card must indicate the person providedproof of United States citizenship.2. United States Birth Certificate.3. United States passport indentifying the person and the persons' passport number.

a. If someone presents only the pertinent pages of the passport, that is acceptable.4. United States naturalization documents or the number of the certificate of naturalization.

a. If only the number is provided, the number must be verified with federalgovernment. Please contact the County Attorney's office for as sistance if only anaturalization certificate number is provided by the person.5. Bureau of Indian Affairs card number, tribal treaty card number, or tribal emollmentnumber.6. Consular report of birth abroad of a United States citizen.7. Certificate of citizenship issued by the United States Citizenship and ImmigrationServices.8. Certification of report of birth issued by the United States Department of State.9. American Indian Card, with KIC classification, issued by the United States Department

of Homeland Security.10. Final adoption decree showing the persons' name and United States birthplace.II. Persons' official United States military record of service showing the persons' place ofbirth in the United States.12. An extract from a United States hospital record of birth created at the time of the persons'birth indicating the persons' place of birth in the United States.13. Other documents or methods of proof of United States citizenship issued by the federalgovernment pursuant to the Immigration and Nationality Act of 1952, and amendmentsthereto.

a. If someone presents a document not listed above, please contact the CountyAttorney's office for assistance.

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EXHIBIT B

DECLARAnON OF CITIZENSHIP OR LAWFUL PRESENCE

State ofAlabama ))County of Madison )

I, the undersigned, by signing my name below, declare under penalty of perjury that I am(initial one) :

1. ___ _ _ An alien lawfully present in the United States ofAmerica; or2. _ ____ A citizen of the United States of America.

This declaration is provided to comply with Alabama Act No. 2011-535, known as the "Beason-Hammon Alabama Taxpayer and Citizen Protection Act."

Printed Name:.____ ______ __Date:._ _ _ _ _ _


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EXHIBIT C

An alien must present one of the fo llowing documents to be presumed to be lawfully present inthe United States:I. A valid, unexpired Alabama driver's license.2. A valid, unexpired Alabama non-driver ID card.3. A valid tribal emollment card or other form of tribal identification bearing aphotograph or other biometric identifier.4. Any valid United States federal or state government issued identificationdocument bearing a photograph or other biometric identifier, if issued by an entitythat requires proof of lawful presence in the United States before issuance.5. A foreign passport with an unexpired United States Visa and a correspondingstamp or notation by the United States Depatiment of Homeland Securityindicating the bearer's admission to the United States.6. A foreign passport issued by a visa waiver country with the corresponding entrystamp and unexpired duration of stay annotation or an 1-94W form issued by theUnited States Department ofHomeland Security indicating the bearer's admission

to the United States.

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DECLARATION OF CITIZENSHIP OR LAWFUL PRESENCE

State of Alabama ))County of Madison )

I, the undersigned, by signing my name below, declare under penalty ofperjmy that I am(initial one):

1. _ ___ An alien lawfully present in the United States ofAmerica; or2. ____ A citizen of the United States ofAmerica.

This declaration is provided to comply with Alabama Act No. 2011-535, known as the "Beason-Hammon Alabama Taxpayer and Citizen Protection Act."

Printed Name:,____ ________Date:,_ ____

Madison County (Alabama) Attorney - Memo to Tax Collector re HB56 (10/26/11)

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