SB 407-FN-A – AS AMENDED BY THE SENATE
03/22/06 1474s
2006 SESSION
08/09
SENATE BILL 407-FN-A
AN ACT relative to enforcement of labor statutes under current federal immigration laws.
SPONSORS: Sen. Green, Dist 6; Sen. Barnes, Dist 17; Sen. Bragdon, Dist 11; Sen. Clegg, Dist 14; Sen. Flanders, Dist 7; Sen. Gallus, Dist 1; Sen. Gatsas, Dist 16; Sen. Johnson, Dist 2; Sen. Letourneau, Dist 19; Sen. Martel, Dist 18; Sen. Roberge, Dist 9
This bill authorizes state law enforcement agencies to enter into agreements with the United States Attorney General regarding state and local law enforcement activities permitted under federal immigration laws.
This bill also establishes registration requirements for employers of aliens and 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/22/06 1474s
06-3033
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to enforcement of labor statutes under current federal immigration laws.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings and Declaration of Purposes. The general court finds that:
I. The safety and economic well-being of the state depends on adequate protection of New Hampshire’s borders under federal immigration law.
II. Under current federal immigration law, those who enter the borders of New Hampshire and the United States illegally and commit crimes therein are not held accountable for those crimes before they are deported.
III. Others who enter the state seeking employment but are undocumented are exploited by unscrupulous employers. These undocumented workers are paid lower wages, are denied benefits, such as health care, that are provided to citizen workers, and do not come forward to report the abuses because of their undocumented status.
IV. The increased costs to state and local government from the exploitation of employees, and increased noncompliance with laws and rules administered by the commissioner of labor harms both documented and undocumented employees.
V. The employer cost savings gained by noncompliance act as an economic incentive to even more noncompliance, particularly at worksites where aliens are employed.
VI. State-enacted laws addressing this issue, including those requiring employee verification, prohibiting the employment of illegal aliens, and other federal immigration law enforcement activity, such as the existing provisions of RSA 275-A:4-a, are consistently nullified and thus rendered unenforceable by courts because of constitutional and federal preemption considerations.
VII. The legislature is concerned about the low level of federal enforcement of federal immigration laws and its effect upon compliance with state laws and related adverse economic impact on our state, and wishes to encourage state law enforcement of such laws to whatever extent is permitted under federal law, including the broadened authority provided to state and local law enforcement officials pursuant to agreements with the United States Attorney General.
VIII. Present levels of enforcement of federal immigration law are an economic incentive for increased violations of state labor law, as well as exploitive working conditions for undocumented aliens.
IX. Enforcement of state labor protection and safety laws at worksites where aliens are employed will discourage such illegal activities, enable the department of labor to enforce laws designed to prevent the exploitation of workers, and mitigate other adverse impacts related to inadequate enforcement of federal immigration laws.
2 Inspections. Amend RSA 273:9 to read as follows:
273:9 Inspections. The commissioner shall, at such times as he or she shall deem it necessary, and without notice, visit worksites including but not limited to the manufacturing, mechanical, and mercantile establishments in the state, so far as practicable, for the purpose of ascertaining whether the laws with reference to employment are complied with, and for the further purpose of ascertaining if reasonable sanitary and hygienic conditions are maintained, calculated to promote the health and welfare of the working people. If in the course of such inspections, undocumented aliens as defined in RSA 275-A:4-a are apprehended, the presence of such persons shall be reported to the United States Citizenship and Immigration Services or the Office of the Attorney General, United States Department of Justice, or any successor agencies thereof, established to receive such information.
3 Employment of Illegal Aliens Prohibited. RSA 275-A:4-a is repealed and reenacted to read as follows:
275-A:4-a Filing of Employer Statement; Alien Employers.
I. All employers shall file a statement with the department of labor declaring whether they employ aliens on premises they own, manage, or otherwise control.
II. Persons required to file under paragraph I shall retain, at the premises where such employment occurs, documentation or other evidence necessary to demonstrate on-premises compliance with the state employee protection laws, including, but not limited to, RSA 275, RSA 275-A, RSA 277, RSA 279, and RSA 281-A.
III. Persons required to file under paragraph I shall be responsible for compliance with this section by all contractors and subcontractors with respect to persons employed directly or indirectly on premises that they own, manage, or control.
IV. For purposes of this section, “person” includes any person, partnership, association, agency, firm, limited liability company, corporation, general contractor, subcontractor, or other entity who employs one or more persons whether in one or more trades, businesses, professions, or occupations and whether in one or more locations.
4 New Section; Severability. Amend RSA 275-A by inserting after section 4-a the following new section:
275-A:4-b Severability. If any provision of this chapter or the application of any provision to any person or circumstance is held invalid, the remainder of this chapter and the application of such provision to any other person or circumstance shall not be affected by that invalidation.
5 Penalties. RSA 275-A:5 is repealed and reenacted to read as follows:
275-A:5 Penalties.
I. Any person, partnership, association, agency, firm, limited liability company, corporation, general contractor, subcontractor, or other entity who employs one or more persons who violates any provision of RSA 275-A shall be subject to a civil penalty of up to $2,500 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-c.
II. Any employer who has filed a statement with the department of labor as required by RSA 275-A:4-a, I and who, in the judgment of the commissioner of the department of labor, has made a good faith effort to comply with the provisions of this chapter, shall not be liable for the penalties under paragraph I.
6 New Section; Rules. Amend RSA 275-A by inserting after section 5 the following new section:
275-A:6 Rules. The commissioner shall adopt rules, pursuant to RSA 541-A, to facilitate the administration and enforcement of this chapter.
7 New Section; Agreements Authorized. Amend RSA 7 by inserting after section 6-d the following new section:
7:6-e Agreements Authorized. Under the direction of the attorney general, and after proper training, state law enforcement agencies are authorized to enter into agreements with the United States Attorney General as provided by section 133 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and such other law enforcement activities as are permitted to state and local officials by constitutional and federal immigration law.
8 Effective Date. This act shall take effect upon its passage.
LBAO
06-3033
2/22/06
SB 407-FN-A - FISCAL NOTE
AN ACT relative to enforcement of labor statutes under current federal immigration laws.
FISCAL IMPACT:
The Department of Labor determined this bill may increase state restricted revenue and expenditures and county and local expenditures in FY 2006 and each year thereafter. There will be no fiscal impact on county and local revenue.
METHODOLOGY:
The Department stated the intent of this bill is to establish registration requirements for employers of aliens and new penalties for employers of illegal aliens. This bill establishes a new special fund known as the Employer Registration Enforcement Fund. Civil penalties of up to $2,500 for each day of noncompliance with RSA 275-A are to be deposited into the fund. The Department is authorized to use the fund to hire two new full-time temporary Inspectors. The salary for a Department of Labor Inspector position is $15.56/hr. The Department stated they are unable to determine how many public employers may employ aliens; therefore, they are unable to estimate the level of restricted revenue that would be generated by this bill. Additionally, depending on the level of activity, the Department cannot determine whether the two new Inspector positions will be filled. If the level of activity is low, the Department stated they would be able to assume the requirements contained in this bill within their existing budget. To the extent that county and local governments do not comply with RSA 275-A, they would be assessed civil penalties thereby increasing county and local expenditures.