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    198 employment-related immigration bills introduced by state

    LABOR & EMPLOYMENT LAW — 7/29/08
    198 employment-related immigration bills introduced by state legislators in the first half of 2008, according to report

    State legislators have introduced 198 employment-related immigration bills during the first half of the year, according to a July 24, 2008, report released by the National Conference of State Legislatures (NCSL). 18 of those bills have been enacted into law

    "We're witnessing a trend of states willing to take the lead in responding to immigration challenges when Congress will not," said William T. Pound, executive director of the National Conference of State Legislatures (NCSL). "States are looking at creative solutions to law enforcement and worksite enforcement as well as considering the needs and contributions of legal immigrants to the United States."

    Background. As of June 30, at least 1,267 bills have been considered in 45 states and at least 175 laws and resolutions have been enacted in 39 states, according to the report. The level of activity is comparable to the same time last year when 1404 bills and resolutions were considered in all fifty states. At this time last year, 43 states had enacted 182 laws related to immigrants and immigration. Employment continues to be in the top three areas of immigration reform, with law enforcement (214 bills introduced, 10 laws enacted) and identification documents/driver's licenses (203 bills introduced, 30 laws enacted) being the other two.

    The 12 state legislatures that enacted 18 employment-related immigration bills during the first half of 2008 are: Alaska, Arizona, Colorado, Florida, Idaho, Maryland, Missouri, Mississippi, Tennessee, Utah, Virginia, Washington and West Virginia. Many of these laws provide for employer sanctions related to the hiring of undocumented workers and violating certain employment eligibility verification requirements. In particular, those bills address the use of the federal government's employment eligibility verification systems (i.e., E-Verify). E-Verify is a voluntary, Web-based system operated by US Citizenship and Immigration Services in partnership with the Social Security Administration that allows participating employers to electronically verify the employment eligibility of their newly hired employees. More information on E-Verify can be found at: http://www.dhs.gov/ximgtn/programs/gc_1 ... 78150.shtm.

    Other bills are related to immigrants' unemployment compensation, identity theft legislation specific to employment and wage withholding for non-resident aliens. One state (Colorado) passed a bill that would set up guestworker pilot program to expedite the approval of foreign workers under the federal H-2A visa program. Another state (Arizona) revisited its controversial employment-related legislation passed last year.

    States enacting legislation. Enacted employment-related immigration legislation during the first quarter of 2008 include the following:

    Alaska: As part of a bill (S.B. 120) signed into law on May 28 by Alaska Governor Sarah Palin (R) that raised the state's maximum weekly unemployment compensation amount from $248 to $370, confidential information obtained in the course of administering the provisions of the state's Employment Security Act may be made available to the Department of Homeland Security and its Citizenship and Immigration Services Bureau for the purpose of verifying a claimant's immigration status. The disclosure of a claimant's immigration status is subject to restrictions that the Department of Labor and Workplace Development will prescribe by regulation. The confidentiality requirements in the course of administering the benefit rights of individuals apply to officers and employees of a state or federal agency to whom the Department of Labor and Workplace Development provides information. The bill was effective immediately on signing.

    Arizona: Arizona Governor Janet Napolitano (D) approved a bill (H.B. 2745) making revisions to the Legal Arizona Workers Act, which prohibits employers from intentionally or knowingly hiring undocumented workers. Effective May 1, the revisions bill clarifies that employers would be sanctioned only for the undocumented workers on their payrolls as of January 1 and thereafter. The bill also provides additional safeguards for employers who make good-faith efforts to comply with the law. Additional revisions include a requirement that the Arizona Attorney General create a complaint form for alleging violations. The complaint form cannot require the complainant's Social Security number or be notarized. In addition, the Attorney General and county attorneys may investigate complaints not on the prescribed form, which means that anonymous complaints are allowed under the Act. Action required of the Attorney General must occur after the Attorney General and county attorneys determine that the complaint is not frivolous and false. Business groups have objected to this revision of the law, claiming that employers would be subjected to anonymous complaints from former, discontent employees or competitors. Among other things, the bill also stipulates that penalties apply solely to the business location where the undocumented worker performed work, so if a business has multiple locations, the other sites would be unaffected. There is also a requirement that employers with two or more employees that are paid in cash to comply with: (1) income tax withholding; (2) new hire directory filing; (3) unemployment; and (4) workers' compensation. The Attorney General can bring actions in court against employers who pay their employees in cash who violate the Act. The monetary penalty, which would be equal to the greater of triple the amount the employer failed to remit under specified employment laws or $5,000 for each employee related to the violation, would be in addition to any other penalties imposed by the Act.

    The governor also signed into law a bill (S.B. 1125) that provides for additional employer penalties and the payment of compensation benefits to an employee or to the employee's estate if an employee injury results in permanent disability or death. An employee is defined as every person in the service of any employer subject to the chapter, including aliens and minors legally or illegally permitted to work for hire.

    Colorado: As a way to provide relief to Colorado farmers facing labor shortages, Governor Bill Ritter (D) signed into law a bill (H.B. 1325) that would create a five-year nonimmigrant agricultural seasonal worker pilot program in the state's Department of Labor and Employment for the purpose of expediting recruitment, application and approval of workers through the federal H-2A certification process. The Rocky Mountain Farmers Union, which represents family farmers and ranchers in Wyoming, Colorado, and New Mexico has actively supported the bill. Limited to 1,000 workers in its first year, and having a repeal date of January 1, 2014, the bill establishes an agricultural seasonal worker program in the state's Department of Labor and Employment, in conjunction with the commissioner of the department of agriculture. There would be annual increases of 1,000 workers for the next four years. Employers participating in this program will reimburse employees for the costs of transportation and provide free housing, fair wages, workers' compensation insurance and meals. Employers must also provide a copy of the work contract to the employee. The bill is effective August 6.

    The governor also signed into law signed into law an E-Verify notification bill, which requires the Colorado Department of Labor and Employment to notify employers of the participation requirements for the federal government's E-Verify program. The bill, which the governor signed into law May 20, 2008, reminds employers of the prohibition against hiring or continuing to employ undocumented workers. Provisions of the bill include requiring the department to send electronic notifications about E-Verify that must go out to employers quarterly; and requiring the department and Colorado Secretary of State to post on their respective websites, information about the prohibition against hiring undocumented workers, the E-Verify program and a link to E-Verify's website. The bill, which passed in state legislature after three attempts, will take effect August 6.

    The governor also signed into law a bill (S.B. 193) amending the state's employment verification law (C.R.S. 8-17.5.-101 et seq) for contractors who provide services to state agencies and political subdivisions. The law creates a program to allow a contractor to verify employment eligibility of all employees under a public contract and requires future participation in E-Verify or the department program to verify the employment eligibility of certain employees. The bill takes effect August 6.

    Florida: H.B. 601, signed into law on June 30, will revise duties of farm labor contractors and eliminates the requirement of a farm labor contractor to submit a set of fingerprints. S.B. 1702, effective October 1, raises the annual license taxes for wholesale and retail saltwater products dealers and differentiates between resident, non-resident and alien dealers.

    Idaho: H.B. 445 requires that a provision in the Idaho Code that prohibits employment of persons who are not US citizens or eligible to become citizens on public works projects does not apply to Capitol building projects. It has an emergency clause and would be effective retroactively beginning July 1, 2007, and would sunset June 30, 2010. It also precludes prosecution or punishment for any act or omission taking place between January 1, 2007 through June 30, 2007, that could otherwise be subject to punishment.

    Maryland: S.B. 650, which takes effect October 1, authorizes the commissioner of labor to investigate complaints relating to alleged violations of penal bonding requirements by employment agencies, including an agency or a person who obtains an immigrant visa for an individual.

    Missouri: H.B. 2058, signed into law on June 11, requires that any applicant of a tax credit program who purposely and directly employs unauthorized aliens has to forfeit any tax credits and must repay the amount of any tax credits redeemed during the period when an unauthorized alien was employed by the applicant.

    Mississippi: Among other things, the Mississippi Employment Protection Act (S.B. 298 requires contractors and subcontractors, including those who contract with the state, to register and participate in E-Verify to verify the work eligibility of all newly hired employees. In addition, after July 1, the Act will make it a discriminatory practice for a Mississippi employer to discharge a US citizen or legal permanent resident employee while retaining an illegal alien hired in a comparable position if the employer knows or reasonably knows that the retained employee was undocumented. A "safe harbor" exemption from liability, investigation or suit applies for employers who use were enrolled in and used E-Verify. State of Mississippi agencies and political subdivisions, public contractors and public subcontractors and private employers with 250 or more employees must meet the Act's verification requirements no later than July 1. Employers with 100-249 employees must meet the Act's verification requirements no later than July 1, 2009. Employers with 30-99 employees must meet the Act's verification requirements no later than July 1, 2010. All other employers must meet the verification requirements proposed in the Act by July 1, 2011. Any employer violating the provisions of the Mississippi Act would be subject to the cancellation of any state or public contract, which results in the ineligibility for contract for up to three years and any licenses or permits granted by any state agency for the right to do business in Mississippi for up to one year, or both. In addition, an employer's contractors will be liable under the Act for any additional costs incurred by the state agencies because of contract cancellation or the loss of any license or permit to do business in the state. Further, in cases where illegal aliens are knowingly hired, both the alien worker and the employer could be imprisoned for one-five years, fined $1000-$10,000, or both.

    Tennessee: In an amendment (S.B. 4069) to the state's Illegal Alien Employment Act (codified in the Tennessee Code Section 50-1-103), Tennessee Governor Phil Bredesen (D) signed into law a bill that would release the identities of state or local governmental agencies, officers, employees or entities filing complaints against businesses regarding their employment or recruitment of undocumented workers. Under the Illegal Alien Employment Act, which went into effect January 1. employers who knowingly hire, employ, recruit or refer for a fee for employment an illegal alien could face suspension of their local or state issued license related to their business for up to one year. The Tennessee Department of Labor and Workforce Development, which enforces the law, investigates complaints from state or local governmental agencies and their employees who believe that employers are violate the Act.

    Virginia: H.B. 926/S.B. 782, signed on March 12, provides for various disciplinary actions including revocation or cancellation of a certificate of authority, certificate of organization, or certificate of trust of any domestic or foreign corporation, limited liability company, limited partnership, or business trust conducting business in this state, for a violation of state or federal law prohibiting the employment of illegal aliens. H.B. 1298/S.B. 517, also signed into law on March 12, provides that all public bodies must provide in every written contract that contractors do not, during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. H.B. 1386, signed on March 10, provides for a program with federal eligibility requirements set by the U.S. Department of Veterans Affairs for service-disabled veteran-owned small businesses and defines small businesses as those owned by US citizens or non-citizens who are in full compliance with immigration law.

    Washington: H.B. 2779, signed into law on March 27, requires obtaining a specialized forest products permit in order to harvest huckleberries and adds huckleberry harvesting to the specialized forest products industries in which minority groups (including refugees) have long been participants. The legislation encourages agencies serving minority communities, refugee centers and other social service agencies to work cooperatively in the translation of educational materials.

    West Virginia: H.B. 4255, signed into law on March 27, authorizes the Division of Labor to promulgate a legislative rule relating to verifying the legal employment status of workers.

    Don't forget Utah and South Carolina. Not included in NCSL's list was Utah's comprehensive immigration bill (S.B. 81), which takes effect July 1, 2009. Utah's law, which has been compared to Oklahoma's comprehensive Taxpayer and Citizen Protection Act of 2007 (H.B. 1804), would require public entities to enroll in E-Verify or another employment verification system to verify the eligibility of their new employees. In addition, public employers may not enter into contracts with the state unless they register with and use a verification system to verify the work eligibility of a contractor's new eligibility. Further, it would also be a discriminatory practice under the law for any employer to discharge a US citizen or legal permanent resident employee while retaining an illegal alien hired in a comparable position if the employer reasonably knows that the retained employee was undocumented.

    In addition, South Carolina Governor Mark Sanford (R) signed into law the South Carolina Illegal Immigration Reform Act (H. 4400) on June 4, 2008. Among the law's employment-related provisions, all public employers (every department, agency, or instrumentality of the state or a political subdivision of the state) are required to register and participate in E-Verify or by employing only workers who possess a valid South Carolina driver s license or identification card issued by the South Carolina Department of Motor Vehicles (or a license from a state with requirements at least as strict as South Carolina). Contractors and subcontractors doing business (entering into a services contract) in South Carolina also must verify their new employees' legal status by using either E-Verify program or by employing only workers who possess a valid South Carolina driver's license or identification card issued by the South Carolina Department of Motor Vehicles (or a license from a state with requirements at least as strict as South Carolina).

    All private employers (who are required by federal law to complete and maintain federal employment eligibility verification forms) with more than 100 employees (and their contractors and subcontractors) also must, by July 1, 2009, either use E-Verify to verify their new employees' legal status or employ only workers who possess a valid South Carolina driver's license or identification card issued by the South Carolina Department of Motor Vehicles (or a license from a state with requirements at least as strict as South Carolina). Private employers with less than 100 employees must begin verifying their employees starting July 1, 2010.

    Founded in 1975, the NCSL is a bipartisan organization serving legislators and staffs of the nation's 50 states, its commonwealths and territories that provides research and technical assistance on pressing state issues. The report was prepared by NCSL's immigration policy project and covers provides legislation in the areas of education, health, IDs/drivers licenses, public benefits and voting in addition to employment. The report can be found in its entirety at: http://www.ncsl.org/print/press/immigra ... report.pdf.

    http://hr.cch.com/news/employment/072908a.asp
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    WHERE IS NORTH CAROLINA COME ON NC, YOU CAN DO IT THE BEST, I JUST KNOW IT

    The 12 state legislatures that enacted 18 employment-related immigration bills during the first half of 2008 are: Alaska, Arizona, Colorado, Florida, Idaho, Maryland, Missouri, Mississippi, Tennessee, Utah, Virginia, Washington and West Virginia. Many of these laws provide for employer sanctions related to the hiring of undocumented workers and violating certain employment eligibility verification requirements. In particular, those bills address the use of the federal government's employment eligibility verification systems (i.e., E-Verify). E-Verify is a voluntary, Web-based system operated by US Citizenship and Immigration Services in partnership with the Social Security Administration that allows participating employers to electronically verify the employment eligibility of their newly hired employees. More information on E-Verify can be found at: http://www.dhs.gov/ximgtn/programs/gc_1 ... 78150.shtm.
    ICE, POLICE, LAWS AND ENACTMENT OF E-VERIFY, AND TOTAL ENFORCEMENT - WILL WORK - TO IMPROVE NORTH CAROLINA OVERALL
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