HB 1151 – AS INTRODUCED
2006 SESSION
08/09
HOUSE BILL 1151
AN ACT relative to the prohibition of illegal aliens.
SPONSORS: Rep. Ulery, Hills 27; Rep. Renzullo, Hills 27; Rep. Buhlman, Hills 27; Rep. Mirski, Graf 10
COMMITTEE: Criminal Justice and Public Safety
This bill establishes new penalties for employers of illegal aliens.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2102
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to the prohibition of illegal aliens.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Employment of Aliens. Amend RSA 275-A by inserting after section 5 the following new subdivision:
275-A:6 Employment of Illegal Aliens Prohibited. No employer may employ an alien who is not a citizen of the United States and not in possession of a valid passport and work visa or equivalent documents issued by the United States Department of State, Department of Homeland Security, or the designated agency of those departments dealing with work visas, immigration and customs enforcement, or citizenship, which authorizes him or her to work.
275-A:7 Definitions. In this subdivision:
I. “Illegal alien” means an alien who has entered the United States illegally and is deportable if apprehended, or an alien who entered the United States legally but who has fallen "out of status" and is deportable.
II. “Homeowner” means as any owner of a private, non-commercial residence or vacation property who uses such property as a primary or secondary residence.
275-A:8 Verification.
I. All employers are responsible for documenting each employee’s ability to be legally employed by:
(a) Proving the employee is a citizen or legal resident alien by reviewing and verifying the validity of:
(1) The employee’s social security card; or
(2) The employee’s ICE work authorization form; or
(3) Another form of work authorization issued by the United States government; and
(b) Proving the employee is a citizen or legal resident alien by reviewing and verifying the employee’s valid driver’s license or other government issued identification card.
II. A photocopy of valid work authorization and valid identification documentation shall serve as prima facie evidence of review by the employer.
275-A:9 Affidavits Required.
I. All employers shall secure an affidavit from each employee affirming that the work authorization and identification documentation provided is valid and current, and that the employee is legally authorized to work in the United States. Such affidavits shall be signed under the penalty of perjury.
II. All employers shall swear out an affidavit affirming that they have verified the work authorization and identification documentation provided to them by the employee. Such affidavits shall be signed by the employer under the penalty of perjury.
275-A:10 Employer’s Responsibilities. Any employer who employs an illegal alien shall be liable for any and all medical costs resulting from any injury sustained by the illegal alien while in the course of business. These costs include, but are not limited to, hospital costs, professional medical costs, specialist care costs, nursing care, rehabilitation costs, and transportation back to the employee’s country of origin.
275-A:11 Homeowners. For purposes of this subdivision, any homeowner who employs an illegal alien shall be considered an employer and shall be subject to the same penalties as an employer. Any person aggrieved by the commissioner’s assessment of such penalty may appeal in accordance with RSA 273: 11-b.
275-A:12 Penalty; First Offense. Any person, partnership, agency, firm, or corporation violating any provision of this subdivision shall be subject to a civil penalty of no less than $500 per day and no more than $5,000 for each day of noncompliance, to be imposed by the labor commissioner in accordance with the procedures established in RSA 273:11-a. Any person aggrieved by the commissioner’s assessment of such penalty may appeal in accordance with RSA 273: 11-b.
275-A:13 Penalty; Subsequent Events. Any employer who, after having been warned or having paid a fine for the employment of an illegal alien violates any provision of this subdivision shall be fined no less than $2,000 and no greater than $5,000 for the first subsequent incident and fined no less than $5,000 for each offense following the second offense, to be imposed by the labor commissioner in accordance with the procedures established in RSA 273:11-a. Any person aggrieved by the commissioner’s assessment of such penalty may appeal in accordance with RSA 273:11-b.
2 Reference Change. Amend RSA 275-A:5 to read as follows:
275-A:5 Penalties. Any person, partnership, agency, firm, or corporation violating any provision of RSA [275-A] 275-A:1-4 shall be subject to a civil penalty of up to $1,000 for each day of noncompliance, to be imposed by the labor commissioner in accordance with the procedures established in RSA 273:11-a. Any person aggrieved by the commissioner’s assessment of such penalty may appeal in accordance with RSA 273:11-b.
3 Repeal. RSA 275-A:4-a, relative to the prohibition on the employment of illegal aliens, is repealed.
4 Effective Date. This act shall take effect January 1, 2007.