HB 1614-FN – AS INTRODUCED

2008 SESSION

08-2179

08/09

HOUSE BILL 1614-FN

AN ACT relative to illegal immigration.

SPONSORS: Rep. Ulery, Hills 27; Rep. Lund, Rock 5; Rep. L. Ober, Hills 27; Rep. Villeneuve, Hills 18; Rep. Gionet, Graf 3

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill:

I. Prohibits the offering of aid to illegal aliens.

II. Allows the issuance of identification cards.

III. Requires law enforcement to investigate the immigration status of certain offenders.

IV. Requires employers to verify the immigration status of employers.

V. Prohibits the dispensation of certain state benefits to illegal aliens.

VI. Allows the attorney general to enter into a memorandum of understanding with the federal government.

VII. Prohibits illegal aliens from receiving a tuition discount from state universities.

VIII. Establishes a fraudulent document investigation unit in the department of safety.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

08-2179

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to illegal immigration.

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

1 New Chapter; Aliens. Amend RSA by inserting after chapter 283 the following new chapter:

CHAPTER 283-A

ALIENS

283-A:1 Citation. This chapter shall be known and may be cited as the “New Hampshire Taxpayer and Citizen Protection Act of 2008.”

283-A:2 Findings and Purpose.

I. The general court of the state of New Hampshire finds that illegal immigration is causing economic hardship and lawlessness in this state and that illegal immigration is encouraged when public agencies within this state provide public benefits without verifying immigration status. The general court further finds that when illegal immigrants have been harbored and sheltered in this state and encouraged to reside in this state through the issuance of identification cards that are issued without verifying immigration status, these practices impede and obstruct the enforcement of federal immigration law, undermine the security of our borders, and impermissibly restrict the privileges and immunities of the residents of New Hampshire. Therefore, the general court of the state of New Hampshire declares that it is in the public interest of this state to discourage illegal immigration by requiring all agencies within this state to fully cooperate with federal immigration authorities in the enforcement of federal immigration laws.

II. The general court of the state of New Hampshire also finds that other measures are necessary to ensure the integrity of various governmental programs and services.

283-A:3 Aid to Illegal Aliens Prohibited.

I. It shall be unlawful for any person to transport, move, or attempt to transport in the state of New Hampshire any alien knowing or in reckless disregard of the fact that the alien has come to, entered, or remained in the United States in violation of law, in furtherance of the illegal presence of the alien in the United States.

II. It shall be unlawful for any person to conceal, harbor, or shelter from detection any alien in any place within the state of New Hampshire, including any building or means of transportation, knowing or in reckless disregard of the fact that the alien has come to, entered, or remained in the United States in violation of law.

III. Nothing in this section shall be construed so as to prohibit or deny assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. section 1396b(v)(3), of the alien involved and are not related to an organ transplant procedure.

IV. Any person violating the provisions of paragraph I or II of this section shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the department of corrections for not less than one year, or by a fine of not less than $1,000, or by both such fine and imprisonment.

283-A:4 Identification Cards.

I. The following entities may create, publish, or otherwise manufacture an identification document, identification card, or identification certificate and may possess an engraved plate or other such device for the printing of such identification; provided, the name of the issuing entity shall be clearly printed upon the face of the identification:

(a) Businesses, companies, corporations, service organizations and federal, state, and local governmental agencies for employee identification which is designed to identify the bearer as an employee;

(b) Businesses, companies, corporations, and service organizations for customer identification which is designed to identify the bearer as a customer or member;

(c) Federal, state, and local government agencies for purposes authorized or required by law or any legitimate purpose consistent with the duties of such an agency, including, but not limited to, voter identification cards, driver licenses, nondriver identification cards, passports, birth certificates, and social security cards;

(d) Any public school or state or private educational institution, to identify the bearer as an administrator, faculty member, student, or employee;

(e) Any professional organization or labor union to identify the bearer as a member of the professional organization or labor union; and

(f) Businesses, companies, or corporations which manufacture medical-alert identification for the wearer thereof.

II. All identification documents provided for in subparagraph I(c) or (d) shall be issued only to United States citizens, nationals, and legal permanent resident aliens.

III. The provisions of paragraph II of this section shall not apply when an applicant presents, in person, valid documentary evidence of:

(a) A valid, unexpired immigrant or non-immigrant visa status for admission into the United States;

(b) A pending or approved application for asylum in the United States;

(c) Admission into the United States in refugee status;

(d) A pending or approved application for temporary protected status in the United States;

(e) Approved deferred action status; or

(f) A pending application for adjustment of status to legal permanent residence status or conditional resident status.

IV. Upon approval, the applicant may be issued an identification document provided for in subparagraph I(c) or (d). Such identification document shall be valid only during the period of time of the authorized stay of the applicant in the United States or, if there is no definite end to the period of authorized stay, a period of one year. Any identification document issued pursuant to the provisions of this section shall clearly indicate that it is temporary and shall state the date that the identification document expires. Such identification document may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the identification document has been extended by the United States Citizenship and Immigration Services or other authorized agency of the United States Department of Homeland Security.

V. The provisions of paragraph II shall not apply to an identification document described in subparagraph I(d), which is only valid for use on the campus or facility of that educational institution and includes a statement of such restricted validity clearly and conspicuously printed upon the face of the identification document.

VI. Any driver’s license issued to a person who is not a United States citizen, national, or legal permanent resident alien for which an application has been made for renewal, duplication, or reissuance shall be presumed to have been issued in accordance with the provisions of paragraph III; provided that, at the time the application is made, the driver’s license has not expired, or been cancelled, suspended, or revoked. The requirements of paragraph III shall apply, however, to a renewal, duplication, or reissuance if the department of safety is notified by a local, state, or federal government agency of information in the possession of the agency indicating a reasonable suspicion that the individual seeking such renewal, duplication, or reissuance is present in the United States in violation of law. The provisions of this paragraph shall not apply to United States citizens, nationals, or legal permanent resident aliens.

283-A:5 Law Enforcement; Immigration Status.

I. When a person charged with a felony or with driving under the influence pursuant to RSA 265:82 or RSA 265:82-a, is confined, for any period, in the jail of the county or municipality or a jail operated by a regional jail authority, a reasonable effort shall be made to determine the citizenship status of the person so confined.

II. If the prisoner is a foreign national, the keeper of the jail or other officer shall make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States and, if lawfully admitted, that such lawful status has not expired. If verification of lawful status cannot be made from documents in the possession of the prisoner, verification shall be made within 48 hours through a query to the law enforcement support center of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the lawful immigration status of the prisoner cannot be verified, the keeper of the jail or other officer shall notify the United States Department of Homeland Security.

III. For the purpose of determining the grant of or issuance of bond, it shall be a rebuttable presumption that a person whose citizenship status has been verified pursuant to paragraph II to be a foreign national who has not been lawfully admitted to the United States is at risk of flight.

283-A:6 Definitions.

I. “Status verification system” means an electronic system operated by the federal government, through which an authorized official of an agency of the state of New Hampshire or of a political subdivision therein may make an inquiry, by exercise of authority delegated pursuant to 8 U.S.C. section 1373, to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by RSA 283-A:7. 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;

(c) The social security number verification service, or such similar online verification process implemented by the United States Social Security Administration; or

(d) Any other independent, third-party system with an equal or higher degree of reliability as the programs, systems, or processes described in this paragraph.

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

III. “Subcontractor” means a subcontractor, contract employee, staffing agency, or any contractor regardless of its tier.

IV. “Unauthorized alien” means an alien as defined in 8 U.S.C. section 1324a(h)(3).

283-A:7 Illegal Aliens; Employers.

I. Every public employer shall register and participate in a status verification system to verify the work eligibility status of all new employees.

II.(a) After July 1, 2008, no public employer shall enter into a contract for the physical performance of services within this state unless the contractor registers and participates in the status verification system to verify the work eligibility status of all new employees.

(b) After July 1, 2008, no contractor or subcontractor who enters into a contract with a public employer shall enter into such a contract or subcontract in connection with the physical performance of services within this state unless the contractor or subcontractor registers and participates in the status verification system to verify information of all new employees.

(c) The provisions of this paragraph shall not apply to any contracts entered into prior to July 1, 2008 even though such contracts may involve the physical performance of services within this state after July 1, 2008.

III.(a) It shall be a discriminatory practice for an employing entity to discharge an employee working in New Hampshire who is a United States citizen or permanent resident alien while retaining an employee who the employing entity knows, or reasonably should have known, is an unauthorized alien hired after July 1, 2008, and who is working in New Hampshire in a job category that requires equal skill, effort, and responsibility, and which is performed under similar working conditions, as defined by section 29 U.S.C. section 206(d)(1), as the job category held by the discharged employee.

(b) An employing entity which, on the date of the discharge in question, was currently enrolled in and used a status verification system to verify the employment eligibility of its employees in New Hampshire hired after July 1, 2008 shall be exempt from liability, investigation, or suit arising from any action under this section.

(c) No cause of action for a violation of this paragraph shall arise anywhere in New Hampshire law but from the provisions of this paragraph.

283-A:8 Illegal Aliens; Reception of State Benefits Prohibited.

I. Except as provided in paragraph III or where exempted by federal law, every agency or a political subdivision of this state shall verify the lawful presence in the United States of any natural person 14 years of age or older who has applied for state or local public benefits, as defined in 8 U.S.C. section 1621, or for federal public benefits, as defined in 8 U.S.C. section 1611, that are administered by an agency or a political subdivision of this state.

II. The provisions of this section shall be enforced without regard to race, religion, gender, ethnicity, or national origin.

III. Verification of lawful presence under the provisions of this section shall not be required:

(a) For any purpose for which lawful presence in the United States is not restricted by law, ordinance, or regulation;

(b) For assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. section 1396b(v)(3), of the alien involved and are not related to an organ transplant procedure;

(c) For short-term, noncash, in-kind emergency disaster relief;

(d) For public health assistance for immunizations with respect to diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; or

(e) For programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the sole and not subject to review by other parties discretion of the United States Attorney General, after consultation with appropriate federal agencies and departments which:

(1) Deliver in-kind services at the community level, including through public or private nonprofit agencies;

(2) Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the income or resources of the individual recipient; and

(3) Are necessary for the protection of life or safety.

IV. Verification of lawful presence in the United States by the agency or political subdivision required to make such verification shall require that the applicant execute an affidavit under penalty of perjury that:

(a) He or she is a United States citizen; or

(b) He or she is a qualified alien under the federal Immigration and Nationality Act and is lawfully present in the United States.

V. The agency or political subdivision providing the state or local public benefits shall provide notary public services at no cost to the applicant.

VI. For any applicant who has executed the affidavit described in subparagraph IV(b), eligibility for benefits shall be made through the Systematic Alien Verification for Entitlements Program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security. Until such eligibility verification is made, the affidavit may be presumed to be proof of lawful presence for the purposes of this section.

VII. Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit executed pursuant to paragraph IV shall be subject to criminal penalties applicable in this state for fraudulently obtaining public assistance program benefits. If the affidavit constitutes a false claim of United States citizenship under 18 U.S.C. section 911, a complaint shall be filed by the agency requiring the affidavit with the United States Attorney for the applicable district based upon the venue in which the affidavit was executed.

VIII. Agencies or political subdivisions of this state may adopt variations to the requirements of the provisions of this section which demonstrably improve the efficiency or reduce delay in the verification process, or to provide for adjudication of unique individual circumstances where the verification procedures in this section would impose unusual hardship on a legal resident of New Hampshire.

IX. It shall be unlawful for any agency or a political subdivision of this state to provide any state, local, or federal benefit, as defined in 8 U.S.C. section 1621 or 8 U.S.C. section 1611, in violation of the provisions of this section.

X. Each state agency or department which administers any program of state or local public benefits shall provide an annual report to the governor, the president of the senate, and the speaker of the house of representatives with respect to its compliance with the provisions of this section. Each agency or department shall monitor the Systematic Alien Verification for Entitlements Program for application verification errors and significant delays and shall provide an annual public report on such errors and significant delays and recommendations to ensure that the application of the Systematic Alien Verification for Entitlements Program is not erroneously denying benefits to legal residents of New Hampshire. Errors shall also be reported to the United States Department of Homeland Security by each agency or department.

283-A:9 Memorandum of Understanding.

I. The attorney general is authorized and directed to negotiate the terms of a memorandum of understanding between the state of New Hampshire and the United States Department of Justice or the United States Department of Homeland Security, as provided by 8 U.S.C. section 1357(g), concerning the enforcement of federal immigration and custom laws, detention and removals, and investigations in the state of New Hampshire.

II. The memorandum of understanding negotiated pursuant to paragraph I shall be signed on behalf of this state by the attorney general and the governor or as otherwise required by the appropriate federal agency.

III. No local government, whether acting through its governing body or by an initiative, referendum, or any other process, shall enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from communicating or cooperating with federal officials with regard to the immigration status of any person within this state.

IV. Notwithstanding any other provision of law, no government entity or official within the state of New Hampshire may prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the United States Department of Homeland Security, information regarding the citizenship or immigration status, lawful or unlawful, of any individual.

V. Notwithstanding any other provision of law, no person or agency may prohibit, or in any way restrict, a public employee from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual:

(a) Sending such information to, or requesting or receiving such information from, the United States Department of Homeland Security;

(b) Maintaining such information; or

(c) Exchanging such information with any other federal, state, or local government entity.

VI. The provisions of this section shall allow for a private right of action by any natural or legal person lawfully domiciled in this state to file for a writ of mandamus to compel any non-cooperating local or state governmental agency to comply with such reporting laws.

283-A:10 Illegal Aliens; Tuition Benefit Prohibited.

I. Except as otherwise provided by state law, an individual who is not lawfully present in the United States shall not be eligible on the basis of residence within the state for:

(a) Any post-secondary education benefit, including, but not limited to, scholarships or financial aid; or

(b) Resident tuition.

II. The provisions of paragraph I shall not apply to a student enrolled in a degree program at a post-secondary educational institution in New Hampshire during the 2007-2008 school year or any prior year.

283-A:11 Fraudulent Documents Identification Unit. Subject to the availability of funding, the department of safety shall establish a fraudulent documents identification (FDI) unit for the primary purpose of investigating and apprehending persons or entities that participate in the sale or distribution of fraudulent documents used for identification purposes. The unit shall additionally specialize in fraudulent identification documents created and prepared for persons who are unlawfully residing within the state of New Hampshire. The department shall employ sufficient employees to investigate and implement an FDI Unit. Pending development of said unit the state forensic unit shall conduct document inquiries when requested by state or other law enforcement agencies or other governmental entities. Nothing in this section shall prohibit the establishment of similar units in county sheriff departments or the utilization of professional private verification services.

283-A:12 Illegal Immigrants; University System.

I. The university system of New Hampshire shall adopt a policy which allows a student to enroll in an institution within the university system and that allows a student to be eligible for resident tuition if the student:

(a) Graduated from a public or private high school in this state; and

(b) Was enrolled at such high school by a parent or legal guardian and attended classes for at least 2 years prior to graduation from that high school, or successful completion of the general educational development test.

II. To be eligible for the provisions of paragraph I of this section, a student shall:

(a) Satisfy admission standards as determined by the university system of New Hampshire or the appropriate type of institution and have secured admission to, and enrolled in, an institution within the university system of New Hampshire; and

(b) If the student is enrolling in an institution within the university system of New Hampshire after July 1, 2008 and cannot present to the institution valid documentation of United States nationality or an immigration status permitting study at a post-secondary institution, the student shall:

(1) Provide to the institution a copy of a true and correct application or petition filed with the United States Citizenship and Immigration Services to legalize the student’s immigration status; or

(2) File an affidavit with the institution stating that the student will file an application to legalize his or her immigration status at the earliest opportunity the student is eligible to do so, but in no case later than one year after the United States Citizenship and Immigration Services provide a formal process to permit children of parents without lawful immigration status to apply for lawful status without risk of deportation; and

(3) If the student files an affidavit pursuant to subparagraph II(b)(2), no later than one year after the United States Citizenship and Immigration Services provides such a formal process, present to the institution a copy of a true and correct application or petition filed with the United States Citizenship and Immigration Services, which copy shall be maintained in the institution’s records for that student.

III. Any student who completes the required criteria prescribed in paragraph I, subparagraph II(a), and subparagraph II(b)(1) shall not be disqualified on the basis of the student’s immigration status from any scholarships or financial aid provided by this state. Any student who enrolled in an institution within the university system of New Hampshire prior to July 1, 2008 shall not be required to meet any additional conditions required by this chapter to maintain enrollment at that institution.

2 Effective Date. This act shall take effect July 1, 2008.

LBAO

08-2179

Revised 01/07/08

HB 1614 FISCAL NOTE

AN ACT relative to illegal immigration.

FISCAL IMPACT:

METHODOLOGY:

 

FY 2009

FY 2010

FY 2011

FY 2012

Trooper Salaries (5 positions @ LG 19)

$213,304

$222,217

$231,650

$241,062

Benefits @ 48.3%

103,026

107,331

111,887

116,433

Current Expenses

26,500

12,500

12,500

12,500

Equipment and Vehicles

230,860

0

0

0

Instate Travel ($5,000 per trooper)

25,000

25,000

25,000

25,000

Total

$598,690

$367,048

$381,037

$394,995

         

Highway Fund portion

$419,083

$256,934

$266,726

$276,496

General Fund portion

$179,607

$110,114

$114,311

$118,499