A number of states have introduced legislation that would revoke or suspend the business license of an employer that employs illegal immigrants or illegal aliens. The states vary on how they define "business license". Some provide no definition while others define it as any authority by a government agency to allow a business to do business. Many of these bills provide the employer protection for using the e-verify program, which is not currently available.
Below is a list of the states and the bills that have been introduced along with a brief description.
ALABAMA (2/3/09-5/14/09– in session)
SB 244: Relates to Alien Hiring Sanctions – Relates to corporations; requires the Secretary of State to administratively dissolve a corporation when the corporation has been convicted of violating certain federal laws relating to the employment of unauthorized aliens.
ARIZONA (1/12/09-5/9/09– in session)
SB 1335: Relates to Alien Hiring Sanctions – Concerns unauthorized aliens; relates to licensing; adds the requirement for the individual to execute a statement of citizenship or alien status along with providing the documentation noted above; adds language to the statute to expressly apply the requirement to verify an individual’s citizenship or alien status to the ACC; The individual must register with the e-verify program within 30 days and provide notice and proof of registration to the agency/political subdivision or else have his/her license suspended; Sec. 5 adds definitions of “agency” and “license” that are the same as the definitions of these terms set forth under current law in ARS 41-1080.
COLORADO (1/7/09-5/6/09– in session)
SB 23: Relates to Alien Hiring Sanctions – Concerns the verification of the work eligibility status of new employees through the federal electronic verification program; provides for business license suspension and defines it to be authority to do business granted by agency.
HAWAII (1/21/09-5/7/09 – in session)
HB 643: Relates to Alien Hiring Sanctions – Prohibits contractors from employing persons not eligible to work in the United States; imposes fines for violations; authorizes the contractors license board to suspend or revoke a license if a civil judgment is entered against the contractor on a complaint alleging that the contractor hired ineligible workers; establishes a special fund; license is not directly defined but partnerships and corporations are referenced.
HB 1215: Relates to Alien Hiring Sanctions – Prohibits employers from knowingly hiring unauthorized aliens, as defined in federal law, and establishes a mechanism for handling complaints and conducting investigations, and penalties for violation of the prohibition; license is not directly defined but allows state agency to revoke or suspend license or refuse to reinstate.
SB 527: Relates to Alien Hiring Sanctions – Prohibits contractors from employing persons not eligible to work in the United States; imposes fines for violations; authorizes the contractors license board to suspend or revoke a license if a civil judgment is entered against the contractor on a complaint alleging that the contractor hired ineligible workers; establishes a special fund; establishes a special fund; license is not directly defined but partnerships and corporations are referenced.
SB 1067: Relates to Alien Hiring Sanctions – Prohibits employers from hiring unauthorized aliens, as defined in federal law, and establishes a mechanism for handling complaints and conducting investigations, and penalties for violation of the prohibition; license is not directly defined but allows state agency to revoke or suspend license or refuse to reinstate.
INDIANA (11/18/08-4/29/09– in session)
HB 1098: Relates to Alien Hiring Sanctions – Requires the superintendent of the state police department to negotiate terms of a memorandum of understanding concerning a pilot project for the enforcement of federal immigration and customs laws; prohibits an employer from knowingly employing, after June 30, 2010, an unauthorized alien; suspension or revocation of license issued by agency to operate business.
HB 1272: Relates to Alien Hiring Sanctions – Requires the department of workforce development to determine and file an annual report on the number, industries of employment, and wage rates of unauthorized aliens, public employers and public contractors to use E-Verify to verify the work eligibility status of all newly hired employees; requires the Department of Correction to evaluate the citizenship and immigration status of a committed offender; suspension or revocation of license issued by agency to operate business.
SB 580: Relates to Alien Hiring Sanctions – Increases the penalties imposed on an employer whose violation of the state common construction wage law or minimum wage law involves an employee who is an illegal alien; provides that a determination by a federal immigration agency that an alien has come to, entered, or remained in the United States in violation of law creates a rebuttable presumption that the alien is in the United States in violation of law; suspension or revocation of license issued by agency to operate business.
MINNESOTA (1/6/09-5/18/09 – in session)
HB 431: Relates to Alien Hiring Sanctions – Relates to public safety; provides penalties for employers hiring illegal immigrants; bill allows for state licensing agencies to be involved in sanctions against companies for violations in hiring illegal immigrants, but does not provide explicitly for revocation/suspension of license; watch for amendments.
MISSISSIPPI (1/6/09-4/5/09 – in session)
HB 448: Relates to Alien Hiring Sanctions – Relates to illegal aliens; provides a felony offense for hiring or continuing to employ; possible suspension or revocation of license issued by agency to operate business if violate section.
MISSOURI (1/7/09-5/30/09 – in session)
HB 104: Relates to Alien Hiring Sanctions – Modifies the sanctions for hiring an unauthorized alien; relates to investigation of businesses suspected of hiring unauthorized aliens and subpoena powers, suspension of business permits, required submittal of reports concerning new employees for companies placed on probation for violations, and revocation of a company's right to do business.
NEW JERSEY (1/13/09-1/11/10 – in session)
AB 3289: Relates to Alien Hiring Sanctions - Prohibits employment of unauthorized aliens; imposes various penalties on employers who knowingly or intentionally employ unauthorized aliens for first and subsequent violations; requires certain reporting by employers found guilty of violations and provides for suspension of an employers business license in certain cases.
NEW YORK (1/7/09-1/6/10 – in session)
AB 4123: Relates to Alien Hiring Sanctions - Provides that a state agency may deny, suspend or revoke a license, for a period of not greater than five years, on the basis of two violations, occurring in a five year period, of certain provisions of the federal immigration reform and control act of 1986 relating to the hiring of aliens not authorized to work in the United States; adds a section 402 to the State Administrative Procedure Act; license for this act is loosely defined to include the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of permission required by law.
OREGON (1/12/09-6/30/09 – not in session)
HB 2089: Relates to Corporations and LLCs – Requires corporation and limited liability company to appoint records custodian to keep certain records; requires corporation or limited liability company that is not publicly traded to keep certain information concerning officers and directors of corporation and members and managers of limited liability company; requires corporation and limited liability company to verify identities and other information concerning shareholders, beneficial owners, members and managers that are not United States citizens; requires commercial registered agent registration if rep more than 10 companies; listed as immigration related bill.
HB 2364: Relates to Corporations and LLCs – Requires corporation and limited liability company to appoint records custodian to keep certain records; requires corporation or limited liability company that is not publicly traded to keep certain information concerning officers and directors of corporation and members and managers of limited liability company; requires corporation and limited liability company to verify identities and other information concerning shareholders, beneficial owners, members and managers that are not United States citizens; requires commercial registered agent registration if rep more than 10 companies; listed as immigration related bill.
TEXAS (1/13/09-6/1/09 – in session)
HB 48: Relates to Alien Hiring – Relates to the suspension of certain licenses held by employers for the knowing employment of persons not lawfully present in the United States; includes license to do business.
HB 622: Relates to Alien Hiring – Relates to the suspension of certain licenses held by employers for the knowing employment of persons not lawfully present in the United States; includes license to do business.
SB 357: Relates to Alien Hiring – Prohibits knowing employment of persons not lawfully present in the United States; requires employers to obtain lawful resident verification information from potential employees; concerns suspension of business and occupational licenses and permits held by employers for knowing employment of unlawfully present individuals; includes license to do business.
VIRGINIA (1/14/09-3/1/09 – in session)
HB 2126: Relates to LLCs, LPs, BTs – Relocates provisions that require the cancellation of limited liability companies, limited partnerships, and business trusts, whether domestic or foreign, upon conviction for violating federal law for actions of its members or managers constituting a pattern or practice of employing unauthorized aliens in the Commonwealth; revocation and no reinstatement for one year.
by Robert 2009-03-04 11:59:25











