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SB 858 - This act modifies the law relating to illegal immigrants. Under current law, employers who negligently hire unauthorized aliens are ineligible to receive state-administered or subsidized tax credits, tax abatements or loans from the state. Those in violation who knowingly accept such credits, abatements or loans shall, upon conviction, be guilty of a Class A misdemeanor. This act holds employers accountable for their contractors and subcontractors who hire unauthorized aliens. Under this act, employers who know or should know that they employ unauthorized aliens on projects involving state-administered or subsidized tax credits, tax abatements or loans from the state shall be fined up to $25,000 per unauthorized alien for a first offense and up to $50,000 per unauthorized alien for a subsequent offense. Those who intentionally engage in such activity shall be banned from further projects administered by the agency administering the program. This act exempts employers from such adverse treatment when the employer's contractors and subcontractors hire unauthorized aliens when the employer requires its general and subcontractors, by contract, to actively participate in a Status Verification System administered by the federal government designed to verify the work authorization of any individual. Employers shall withhold state income tax at the rate of 6% of the wages paid to the employee subject to withholding or the amount of compensation paid to an individual required to be reported on federal Form 1099 if the individual fails to provide a valid Social Security number. Employers shall be liable for amounts they fail to withhold. The act creates a private cause of action for those discharged by employers who employ unauthorized aliens at the time of their discharge. Employers enrolled in a status verification system are exempt from liability. Illegal aliens are barred from attending all public universities in the state. Under federal law, unlawfully present aliens are not eligible for state or local public benefits with certain exceptions. This act reiterates federal law stating that such aliens are ineligible and the exceptions. Applicants for benefits shall provide proof of citizenship, residency, or lawful presence in order to receive benefits. If applicants cannot provide such proof they can sign an affidavit attesting to their status and shall be eligible to receive temporary benefits until their status can be determined. If an applicant is an alien, the applicant shall not receive benefits until lawful presence is verified by the federal government. This act is similar to SB 1250 (2006), SB 348 (2007), and SB 626 (2007). CHRIS HOGERTY
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