HB1492 (2012) Detail

Requiring employers to verify an employee's eligibility to work in the United States.


HB 1492-FN – AS INTRODUCED

2012 SESSION

12-2127

06/05

HOUSE BILL 1492-FN

AN ACT requiring employers to verify an employee’s eligibility to work in the United States.

SPONSORS: Rep. Duarte, Rock 1; Rep. Tamburello, Rock 3; Rep. Rappaport, Coos 1; Rep. Cox, Merr 6; Rep. Reagan, Rock 1

COMMITTEE: Labor, Industrial and Rehabilitative Services

ANALYSIS

This bill requires employers to verify employees’ eligibility to work in the United States by using a status verification system.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2127

06/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT requiring employers to verify an employee’s eligibility to work in the United States.

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

1 New Chapter; Verification of Eligibility to Work. Amend RSA by inserting after chapter 283 the following new chapter:

CHAPTER 283-A

VERIFICATION OF ELIGIBILITY TO WORK

283-A:1 Definitions.

I. “Status verification system” means an electronic system operated by the federal government, through which a person or entity may make an inquiry to verify or ascertain the citizenship or immigration status of any employee. The status verification system shall include:

(a) The electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, P.L. 104-208, Division C, section 403(a), 8 U.S.C. section 1324a, and operated by the United States Department of Homeland Security, known as the Basic Pilot Program;

(b) Any equivalent federal program designated by the United States Department of Homeland Security or any other federal agency authorized to verify the work eligibility status of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603;

II. “Public employer” means every department, agency, or instrumentality of the state or a political subdivision of the state.

283-A:2 Participation in Status Verification Program Required.

I. Every public employer shall register and participate in the Basic Pilot Program, or an equivalent status verification system, to verify the work eligibility status of all new employees.

II. Every contractor and subcontractor that enters into a contract with a public employer shall register and participate in the Basic Pilot Program, or an equivalent status verification system, to verify the work eligibility status of all new employees.

283-A:3 Penalty. Any contract entered into with a public employer after the effective date of this section by any contractor or subcontractor who is not in compliance with RSA 283-A:2 shall be cancelled. Such contractor or subcontractor shall be ineligible to enter into any contract with a public employer for 3 years from the date of cancellation.

2 Effective Date. This act shall take effect January 1, 2013.

LBAO

12-2127

11/03/11

HB 1491-FN - FISCAL NOTE

AN ACT requiring employers to verify an employee’s eligibility to work in the United States.

FISCAL IMPACT:

      The Department of Administrative Services, the New Hampshire Association of Counties, and the New Hampshire Municipal Association state this bill would increase county and local expenditures by an indeterminable amount in FY 2013 and each year thereafter. There will be no impact on state, county, and local revenues, or state expenditures.

METHODOLOGY:

    The Department of Administrative Services states it is currently required by federal law to verify the employment eligibility of every new hire to state positions. The Department states this bill would change the methodology, not the requirement, and would have no impact on state expenditures.

    The New Hampshire Association of Counties states this bill mandates all public employers use the electronic verification of work authorization program of the illegal immigration reform and immigration responsibility act of 1996, known as the basic pilot program, through the U.S. Department of Homeland Security. The Association states although there does not appear to be a cost to use this system, there would be an increased cost to counties in time and resources to train staff to use the system. Additionally, the Association states it is unsure as to whether public employers would determine if contractors and subcontractors are in compliance and have adequately verified all of their employees. If counties chose to do this, the Association states there will be an increase in county expenditures for the time and personnel needed to make those determinations. Furthermore, the Association states if those determinations are not made and a contract should be cancelled due to non-compliance, there will be an increase to county expenditures to initiate a new contract or to pay for damages or additional costs resulting from the termination of the original contract.

    The New Hampshire Municipal Association states this bill requires all public employers to utilize the electronic verification of work authorization basic pilot program service. The Association states although the service is free it requires an internet connection. Some municipalities, especially in the north country, have dial-up internet connections with intermittent service. The Association states in such municipalities, compliance with this bill may be impossible and is unable to determine the impact on local expenditures.

Links

HB1492 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB1492 Revision: 21487 Date: Dec. 14, 2011, midnight

Docket