HB 1549 – AS INTRODUCED

2012 SESSION

12-2447

03/09

HOUSE BILL 1549

AN ACT prohibiting the adoption of a requirement that employers participate in the E-Verify system and the use of motor vehicle records for the E-Verify system.

SPONSORS: Rep. Cohn, Merr 6; Rep. Maltz, Hills 27; Rep. S. Tremblay, Rock 3; Rep. Kingsbury, Belk 4; Rep. Mauro, Rock 4

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill prohibits the adoption of a requirement that employers participate in the E-Verify system to verify employee eligibility and the use of motor vehicle records for the E-Verify 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2447 03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT prohibiting the adoption of a requirement that employers participate in the E-Verify system and the use of motor vehicle records for the E-Verify system.

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

1 Purpose. The general court finds that the E-Verify System of the United States Citizenship and Immigration Services raises the same concerns as the Real ID Act of 2005, which prompted the state of New Hampshire to reject participation in a national identification system. The general court finds that the E-Verity System is contrary and repugnant to Articles 1 through 10 of the New Hampshire Constitution as well as Amendments 4 through 10 of the Constitution for the United States of America. Therefore, the state of New Hampshire shall not require any employer to participate in the E-Verity System.

2 Motor Vehicle Records. Amend RSA 260:14, III to read as follows:

III. Motor vehicle records may be made available pursuant to a court order or in response to a request from a state, a political subdivision of a state, the federal government, or a law enforcement agency for use in official business. The request shall be on a case-by-case basis. Any records received pursuant to this paragraph shall not be further transferred or otherwise made available to any other person or listed entity not authorized under this paragraph. No records made available under this section shall be used, directly or indirectly, for the E-Verify system of the United States Citizenship and Immigration Services.

3 Employment of Illegal Aliens Prohibited; E-Verify. Amend RSA 275-A:4-a to read as follows:

275-A:4-a Employment of Illegal Aliens Prohibited. No employer may employ an alien whom the employer knows is not a citizen of the United States and not in possession of Form [I-151] I-551, Alien Registration Receipt Card or any other document issued by the United States Citizenship and Immigration [and Naturalization Service] Services or the Attorney General of the United States which authorizes him or her to work. No state agency may adopt or enforce a requirement that employers participate in the E-Verify system of the United States Citizenship and Immigration Services to verify employee eligibility.

4 Effective Date. This act shall take effect 60 days after its passage.