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LABOR & EMPLOYMENT LAW — 07/29/09

Employment-related immigration measures enacted in seven states, according to NCSL

While national attention on immigration has declined, state legislatures are deliberating record levels of immigrant-related legislation, confirmed the National Conference of State Legislatures, according to a July 17, 2009, report.

In the first half of 2009, state legislation related to immigration topped last year's totals. So far this year (between January 1-June 30, 2009), more than 1400 bills have been considered in all 50 states. At least 144 laws and 115 resolutions have been enacted in 44 states, with bills sent to governors in two additional states. A total of 285 bills and resolutions has passed legislatures; 23 of these bills are pending Governor's approval and three bills were vetoed. No bills have been enacted in Alaska, Massachusetts, Michigan or Ohio.

In the first half of 2008, 1267 bills were considered in 45 state legislatures and at least 175 laws and resolutions were enacted in 39 states. A total of 190 bills and resolutions had passed legislatures, with 12 bills pending Governor's approval and three bills vetoed.

The top areas of interest are identification/driver's license with 33 laws enacted, followed by health (22) and education (14). In the first half of 2008, the top three areas were identification/driver's licenses (30), employment (18) and education (12).

In the first half of 2009, ten employment-related immigration laws were enacted in seven states: Florida, Hawaii, Maine, Montana, Nevada, Tennessee and Utah. Four bills have been sent to the Governor in Illinois and Oregon and two bills have been vetoed in Georgia and Minnesota. Many of these laws provide for employer sanctions related to the hiring of undocumented workers, employment eligibility verification requirements and penalties. These laws also include measures on unemployment benefits and workers' compensation. Among those laws are the following:

• In Hawaii, a law (H. 643) was enacted that authorizes the Contractors License Board to suspend, revoke, or refuse to renew a contractor's license for employing a worker on a public work project who is ineligible under federal law to work in the United States.
• In Maine, a law (H. 133) was enacted that adds migrant and seasonal farm workers to the law providing protections for forestry workers, requires farm labor contractors who are required to register under the federal Migrant and Seasonal Agricultural Worker Protection Act to file their federal registration with the State Department of Labor, listing a contact in the State, requires provision of first aid training, first aid kits and safe transportation for a given number of workers.
• A Tennessee law (S. 294) creates a Class A misdemeanor offense for a person to knowingly provide, transfer, or submit to any other person false identification for the purposes of obtaining or maintaining employment, provides that if it is determined that any person in connection with the violation is not lawfully present in the United States, the court would notify the US Department of Homeland Security
• A Utah law (S. 39) defines a contract in relation to verification of the federal authorization status of a new employee as an agreement for the procurement of services that is awarded through a request for proposals process with a public employer, and includes a sole source contract.

The report, which was prepared by the NCSL's Immigration Policy Project, provides brief summaries of state laws enacted in the first half of 2009 that address legal immigrants, migrant and seasonal workers, refugees or unauthorized immigrants.

For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.

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