2007 Regular Session
To: Business and Financial Institutions
By: Senator(s) Doxey
AN ACT TO CREATE THE "ILLEGAL IMMIGRANT FEE ACT"; TO REQUIRE MONEY TRANSMISSION BUSINESSES TO COLLECT A PERCENTAGE FEE OF THE AMOUNT OF MONEY BEING TRANSMITTED; TO PROVIDE THAT THE FEE SHALL NOT APPLY TO TRANSACTIONS IF THE CUSTOMER PROVIDES ADEQUATE PROOF OF UNITED STATES CITIZENSHIP OR ADEQUATE PROOF THAT THE CUSTOMER IS LEGALLY PRESENT IN THE UNITED STATES; TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THE ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) This act shall be known and may be cited as the "Illegal Immigrant Fee Act."
(2) Any authorized agent of a licensee or any money transmission business which is subject to licensure under Section 75-15-1 et seq., and which receives money for wire transmission shall collect from the customer a fee in the amount of five percent (5%) of the amount of money being transmitted. The fee shall not apply to any such transaction if the customer provides adequate proof of United States citizenship or adequate proof that the customer is legally present in the United States. Adequate proof shall consist only of valid identification documentation included on the list of acceptable documents of Employment Eligibility Verification Form I-9 of the federal Department of Homeland Security or valid documentation that the customer is paying taxes within this state by providing a current pay stub showing customer name and taxes withheld or current state or federal tax return. Any identification document issued by a foreign government or a driver's license or identification card issued by any state which, on or after July 1, 2007, authorized such driver's license or identification card to be issued to persons not lawfully present in the United States shall not be accepted as evidence of lawful presence in the United States.
(3) The money transmission business shall give the customer a receipt setting forth:
(a) The date of receipt of the money;
(b) The amount of the fee, if applicable; and
(c) The amount of the money in dollars and cents.
(4) The fee shall be remitted to the State Treasurer and deposited into the State General Fund. Subject to the appropriations process, it is the intent of the Legislature that an amount equal to the amount of funds derived from the fees collected under this section shall be utilized for indigent care programs.
(5) It shall be unlawful for any person to knowingly and willfully transmit money on behalf of any person in order to avoid or evade the fee required under this section. Any person who violates this subsection shall, upon conviction thereof for a first offense, be guilty of a misdemeanor punishable by a fine not to exceed Five Hundred Dollars ($500.00); for a second or subsequent offense, such person shall, upon conviction thereof, be guilty of a misdemeanor punishable by a fine not to exceed One Thousand Dollars ($1,000.00) and imprisonment not to exceed six (6) months, or both.
(6) The Commissioner of Banking and Consumer Finance shall provide by rule or regulation for the implementation of this act, including, but not limited to, any appropriate administrative actions or fines for knowing and willful violations of this section.
SECTION 2. This act shall take effect and be in force from and after July 1, 2007.