HB605 (2007) Detail

Relative to employment eligibility verification by employers.


HB 605 – AS INTRODUCED

2007 SESSION

07-0233

06/03

HOUSE BILL 605

AN ACT relative to employment eligibility verification by employers.

SPONSORS: Rep. Ulery, Hills 27; Rep. Crane, Hills 21; Rep. Renzullo, Hills 27

COMMITTEE: Labor, Industrial and Rehabilitative Services

ANALYSIS

This bill requires employers to participate in the basic verification pilot program operated by the United States Department of Homeland Security.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0233

06/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to employment eligibility verification by employers.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subdivision; Participation in Basic Verification Pilot Program. Amend RSA 275-A by inserting after section 5 the following new subdivision:

Participation in Basic Verification Pilot Program

275-A:6 Definitions. As used in this subdivision:

I. “Basic verification pilot program” means the electronic verification of work authorization program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. section 1324a, expanded in Public Law 108-156, the Basic Pilot Program Extension and Expansion Act of 2003, and operated by the United States Department of Homeland Security.

II. “Discharge” means the unconditional termination of employment of an employee.

III. “Employee” means an individual performing or applying for work or service of any kind or character for hire.

IV. “Employer” means a person employing or seeking to employ any individual for hire.

V. “Employment” means:

(a) The act of employing; or

(b) The state of being employed, engaged, or hired.

VI. “State” means any of the following of the state:

(a) Department.

(b) Division.

(c) Commission.

(d) Council.

(e) Board.

(f) Bureau.

(g) Committee.

(h) Institution.

(i) Government corporation.

(j) Other establishment, official, or employee.

275-A:7 Interpretation of Subdivision. This subdivision shall be interpreted as fully consistent with federal immigration and labor laws and the labor laws of the state of New Hampshire.

275-A:8 Participation in Basic Verification Pilot Program Required for Employer. An employer employing an employee in this state shall participate in the basic verification pilot program to verify the employment eligibility of any employee that the employer hires on or after the effective date of this section.

    275-A:9 Liability for Discharge of Certain Employees.

I. An employer in this state may not discharge an employee if:

(a) The employee is:

(1) A citizen of the United States;

(2) A permanent resident alien employee; or

(3) Otherwise eligible under federal law to be employed in the United States; and

(b) On the day on which the employee is discharged the employer is in violation of RSA 275-A:8.

II.(a) An employee discharged in violation of paragraph I may bring a civil action against the employer in any court of competent jurisdiction.

(b) If the employer is found in violation of paragraph I, the employer shall be liable to the employee discharged in violation of paragraph I for:

(1) Three times the actual damages sustained by the employee including lost wages and costs associated with locating and procuring new employment;

(2) Costs of litigation; and

(3) Reasonable attorney’s fees.

2 Prospective Repeal. RSA 275-A:6 through RSA 275-A:9, relative to participation in basic verification pilot program, is repealed.

3 Effective Date.

I. Section 2 of this act shall take effect November 30, 2008.

II. The remainder of this act shall take effect January 1, 2008.