HB 644-FN – AS INTRODUCED

2011 SESSION

11-0689

08/03

HOUSE BILL 644-FN

AN ACT relative to various state laws pertaining to unlawfully present aliens.

SPONSORS: Rep. Huxley, Hills 3; Rep. M. Reed, Hills 26

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill:

I. Allows the state police to enter into a memorandum of understanding with the federal Departments of Justice and Homeland Security regarding the training of state police to enforce immigration laws.

II. Prohibits unlawfully present aliens from being eligible for public benefits or drivers’ licenses.

III. Mandates reporting by employers on the immigration status of their employees and penalizes employers for false reporting.

IV. Disallows bail for persons in custody until their lawful presence can be verified.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0689

08/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to various state laws pertaining to unlawfully present aliens.

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

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

CHAPTER 283-A

ILLEGAL ALIENS

283-A:1 Law Enforcement.

I. The department of safety shall enter into a memorandum of understanding with the United States Department of Justice and the Department of Homeland Security to have members of the division of state police trained to enforce federal immigration laws.

II. The division of state police may collect and share the identity of known unlawfully present aliens with the law enforcement of municipalities.

283-A:2 Immigration Status of Individuals in Police Custody. If the lawful immigration status of a person in custody of the police cannot be made after a reasonable effort, verification shall be made within 48 hours through the Department of Homeland Security.

283-A:3 Sanctuary. Municipalities shall not adopt policies designed to give aliens sanctuary when they are present in violation of federal immigration laws. Any municipality that adopts such sanctuary policies shall be ineligible for any grants provided by the state. “Sanctuary” means the lack of enforcement of state or federal immigration laws.

283-A:4 Public Benefits.

I. Unlawfully present aliens shall not be eligible for state or local public benefits.

II. An applicant for benefits shall provide proof of citizenship, residency, or lawful presence in order to receive benefits. If an applicant cannot provide such proof he or she shall sign an affidavit attesting to his or her status and shall be eligible to receive temporary benefits until his or her status can be determined.

III. Employees processing public benefits shall not inquire about the legal status of a custodial parent of an applicant.

IV. Agencies administering public benefits shall provide assistance to applicants in obtaining the appropriate documentation to obtain benefits.

283-A:5 Employers; Misclassification.

I. Employers with 5 or more employees shall not knowingly misclassify employees as being lawful aliens. The attorney general shall have the power to investigate alleged misclassifications and enforce this section.

II. The state shall have the burden of proving that the employer knowingly misclassified the worker. An employer shall be subject to a civil penalty of $50 per day per knowingly misclassified worker up to a maximum or $50,000 for violations.

III.(a) Forty percent of fines collected shall be distributed to the police standards and training council training fund established in RSA 188-F:30 for the purposes of offsetting any cost of training to enforce this chapter.

(b) Forty percent of fines collected shall be distributed to the general fund for purposes of funding the public defenders program.

(c) Twenty percent of fines collected shall be distributed to the general fund.

283-A:6 Employment of Unlawfully Present Aliens.

I. Employers shall not knowingly employ unlawfully present aliens. Contractors shall ensure that all subcontractors employed by the contractor shall not knowingly employ unlawfully present aliens. Violators shall be subject to the suspension of all state and municipality issued business permits, licenses, and tax exemptions. In order to correct the violation and have permits, licenses, and exemptions reinstated, the employer shall:

(a) Terminate the employment of the alien;

(b) Request a second verification from the federal government;

(c) Sign a sworn affidavit stating that the violation has ended; and

(d) Submit documentation confirming the entity is enrolled in a federal work authorization program.

II. Violators under contract with the state may have their contracts voided and shall be barred from contracting with the state for one year. A second violation shall result in the voiding of the contract with the state and the contractor shall be barred from contracting with the state for 5 years. Subsequent violations shall result in a void contract and a permanent bar from contracting with the state.

III. All employers shall participate in a federal work authorization program in order to be eligible for state contracts. All employers shall have an affirmative defense that they are not in violation of paragraph I if they participate in the program.

IV. Contractors shall not be liable for unlawfully present aliens hired by their subcontractors if the contract binding the 2 parties affirmatively states that the subcontractor does not knowingly hire unlawfully present aliens and that the subcontractor is enrolled in a federal work authorization program or the contractor receives an affidavit attesting to the fact that the subcontractor's employees are lawfully present in the United States.

2 New Paragraph; Drivers’ Licenses; Unlawfully Present Aliens. Amend RSA 263:39-a by inserting after paragraph IV the following new paragraph:

V. The director shall not issue any driver’s license to an unlawfully present alien or to a person who is unable to prove his or her lawful presence.

VI. All written tests for drivers’ licenses shall be administered in English.

3 New Section; Unlawfully Present Aliens; Bail. Amend RSA 597 by inserting after section 1-d the following new section:

597:1-e Unlawfully Present Aliens; Bail. If the judge reasonably believes the person to be an unlawfully present alien, the person shall be jailed until he or she provides verification of his or her lawful presence in the United States. If the person adequately proves his or her lawful presence, the judge shall review the issue of release again. If the person cannot prove his or her lawful presence, the person shall continue to be jailed until discharged in accordance with the law. If the person has been jailed for 30 days and the person still cannot prove his or her lawful presence, he or she shall be handed over to the United States Immigration and Customs Enforcement.

4 Effective Date. This act shall take effect January 1, 2012.

LBAO

11-0689

01/19/11

HB 644-FN - FISCAL NOTE

AN ACT relative to various state laws pertaining to unlawfully present aliens.

FISCAL IMPACT: