2008 -- H 7107

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LC00178

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2008

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A N A C T

RELATING TO LABOR AND LABOR RELATIONS

     Introduced By: Representatives Brien, Gemma, Mattiello, Gablinske, and Singleton

     Date Introduced: January 10, 2008

     Referred To: House Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 28-5 of the General Laws entitled "Fair Employment Practices" is

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hereby amended by adding thereto the following section:

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     28-5-43. Legislative declaration -- Definitions -- Employee's work eligibility status --

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Federal basic employment verification pilot program -- Department of labor and

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employment -- Duties. -- (1)(a) The general assembly hereby finds and determines that:

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     (I) Ensuring that Rhode Island employers employ persons eligible to work within Rhode

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Island is an issue of statewide concern.

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     (II) It is in the best interest of the employers in Rhode Island for all employers to follow

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federal law as it applies to the hiring of persons who are authorized to work in the United States.

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     (III) Employers who violate the federal employment laws with respect to the hiring of

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persons who are unauthorized to work in the United States places an undue economic burden on

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employers who attempt to hire only persons who are authorized to work in the United States.

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     (IV) Employers in Rhode Island who hire unauthorized persons create an attractive

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environment for illegal immigrants to locate within Rhode Island, which costs taxpayers millions

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of dollars to provide public education, health care, and other services and, in addition, negatively

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affects our judicial system.

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     (b) The general assembly further finds and determines that it is in the best interest of the

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state for all employers to verify the social security numbers and work eligibility status of newly

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hired employers and that it is important that every employer in the state of Rhode Island apply for

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participation in the extended federal basic employment verification pilot program for the purpose

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of verifying the work eligibility status of newly hired employees.

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     (2) As used in this section:

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     (a) "'Employer" means a person transacting business in Rhode Island who, at any time,

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employs another person to perform services of any nature and who has control of the payment of

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wages for such services or is the officer, agent, or employee of the person having control of the

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payment of wages; except that "Employer" does not include the federal government, the state of

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Rhode Island, another state, or a political subdivision of Rhode Island or another state.

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     (b) "Program" means the basic employment verification pilot program created pursuant to

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8 U.S.C. sec. 1324a, as expanded to include all fifty states in the "Basic Pilot Program Extension

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and Expansion Act of 2003", Pub. L. No. 108-156.

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     (3) (a) Each employer in Rhode Island shall apply to participate in the program for the

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purpose of verifying the work eligibility status of each of the employer's newly hired employees

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by the following dates:

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     (I) An employer with two hundred or more employees shall apply to participate in the

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program no later than January 1, 2009;

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     (II) An employer with at least fifty (50) employees but fewer than two (200) hundred

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employees shall apply to participate in the program no later than July 1, 2009; and

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     (III) An employer with fewer than fifty (50) employees shall apply to participate in the

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program no later than July 1, 2010.

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     (b) An employer shall submit an application to participate in the program no less

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frequently than every sixty (60) days until the employer is accepted into the program. An

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employer that is accepted into the program shall agree to participate in the program. An employer

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shall retain records for audit purposes that show that the employer has applied to the program

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and, following acceptance, show that the employer is an active participant in the program.

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     (c) For each thirty (30) day period for which an application for participation in the

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program has not been submitted to the federal department of homeland security, an employer that

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fails to apply for participation in the program pursuant to paragraph (a) of this subsection (3) shall

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be subject to a fine of:

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     (I) At least three thousand dollars ($3,000) but not more than five thousand dollars

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($5,000) if the employer has two hundred (200) or more employees;

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     (II) At least one thousand dollars ($1,000) but not more than two thousand dollars

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($2,000) if the employer has at least fifty (50) employees but fewer than two hundred (200)

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employees;

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     (III) At least five hundred dollars ($500) but not more than one thousand dollars ($1,000)

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if the employer has fewer than fifty (50) employees.

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     (d) The department of labor and training shall verify that each employer has complied

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with paragraph (a) of this subsection (3) within ninety (90) days after the first finding of

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noncompliance. If the employer is not in compliance, the department of labor and training shall

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fine the employer the maximum fine amount pursuant to paragraph (c) of this subsection (3).

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     (e) Upon request of the director of the department, an employer shall submit evidence

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that the employer has submitted an application to participate in the program to the federal

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department of homeland security. Upon receipt of two complaints that an employer has not

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complied with this section, the director shall request the submission of such evidence within

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thirty (30) days after the second complaint. The director shall levy a fine against an employer

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pursuant to paragraph (c) of this subsection (3) for each calendar month the employer fails to

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submit such evidence.

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     (4) The department of labor and training, with the cooperation of the secretary of state,

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shall put a mechanism in place to notify each employer of the requirements of this section and

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how to comply and shall make the information available on the department's website.

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     (5)(a) An employer shall immediately terminate the employment of an employee upon

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receipt of a final notice from the department of homeland security of nonconfirmation of work

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eligibility concerning such employee.

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     (b) Upon receipt of a credible complaint as determined by the director of the department

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of labor that an employer is violating the provisions of this subsection (5), the director, or his or

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her designee, shall investigate the complaint to determine if the employer is in violation of

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paragraph (a) of subsection (3) of this section. The director shall fine a participating employer up

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to fifty dollars ($50.00) per day for each employee not terminated in accordance with the basic

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pilot program agreement.

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     SECTION 2. This act shall take effect upon passage.

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LC00178

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS

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     This act would require all nongovernmental employers within the state to apply to

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participate in the extended federal basic employment verification pilot program and to participate

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if accepted. The act would also impose a fine against an employer that does not apply to

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participate in the program.

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     This act would take effect upon passage.

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LC00178

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