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House Bill 1274


House Bill 1274

ARCHIVE (2008)

Latest Information

 

DIGEST OF INTRODUCED BILL


Illegal alien matters. Prohibits a state agency or political subdivision from providing federal, state, or local public benefits to a person who is not a: (1) United States citizen; or (2) qualified alien under the federal Immigration and Nationality Act and lawfully present in the United States. Requires a state agency or a political subdivision to verify the lawful presence in the United States of each individual who: (1) is at least 18 years of age; and (2) applies for federal, state, or local public benefits administered by the agency or political subdivision. Requires a state agency or a political subdivision to: (1) verify the lawful presence of the person by requiring the person to execute a verified affidavit stating that the person is a United States citizen or a qualified alien; (2) verify the lawful presence of certain individuals through the Systematic Alien Verification of Entitlements (SAVE) program; and (3) report errors and significant delays in the SAVE program. Provides that: (1) a state agency or political subdivision may provide variations of the verification of lawful presence requirements; and (2) a person who makes a false, fictitious, or fraudulent statement of representation in an affidavit verifying lawful presence commits a Class D felony. Requires: (1) a state agency to provide an annual report with respect to the agency's compliance with the verification requirements; and (2) the secretary of state to file an annual report concerning the reported errors and significant delays in the SAVE program. Requires a state agency or political subdivision (public employer) to use a status verification system to verify the work eligibility status of all employees hired after June 30, 2008. Prohibits: (1) a public employer from entering into a public contract for services with a contractor unless the contractor uses a status verification system; and (2) an employer from discharging from employment a person who is a United States citizen or has lawful employment status and hire or continue to employ an unauthorized alien in a similar job category as that of the discharged person. Allows a: (1) person discharged from employment in violation of these prohibitions to bring a civil action against the employer; and (2) court to award attorney's fees and court costs to the person. Provides that an employer that is using a status verification system to verify the employment eligibility of employees is immune from liability under these provisions. Prohibits an individual who is not lawfully present in the United States from being eligible for any postsecondary education benefit or to pay the resident tuition rate. Requires a sheriff to make a reasonable effort to determine the citizenship or immigration status of a person who is: (1) charged with a felony or with operating a vehicle while intoxicated; and (2) confined, for any period, in a county jail. Requires a payor to: (1) deduct and retain from a payment for services an amount equal to the amount of the payment multiplied by the tax rate applicable to the payee if the payee is unable to provide certain identification numbers; and (2) meet other requirements concerning the deduction and retention from the payment of services. Requires a taxpayer to add to the taxpayer's adjusted gross income any amount in excess of $600 that is paid in the taxpayer's taxable year to an unauthorized alien and deducted by the taxpayer to determine the taxpayer's adjusted gross income, taxable income, or life insurance taxable income. Makes it a: (1) Class A misdemeanor to transport or move (and a Class D felony for a subsequent offense); and (2) Class A misdemeanor to conceal, harbor, or shield from detection (and a Class D felony for a subsequent offense); an alien, knowing or in reckless disregard of the fact that the alien has come to, entered, or remained in the United States in violation of law.
Current Status:
 In Committee - first House
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