House Bill 1426

AN ACT TO PROHIBIT AN INDEPENDENT EMPLOYMENT CONTRACTOR FROM PROVIDING TEMPORARY OR PERMANENT EMPLOYEES WHO ARE NOT CITIZENS OF THE UNITED STATES TO AN EMPLOYER WITH WHICH IT CONTRACTS; TO SET FORTH PENALTIES FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) It shall be illegal for any independent employment contractor to provide temporary or permanent employees who are not citizens of the United States to an employer with which it contracts. Each independent employment contractor shall file in the office of the Department of Finance and Administration a list of his or its employees, stating whether they are native born citizens of the United States or naturalized citizens, and in case of naturalization, the date thereof and the name of the court in which granted.

(2) (a) Any person, firm or corporation violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment of not less than thirty (30) days nor more than ninety (90) days, or by both such fine and imprisonment. Every violation of subsection (1) of this section with respect to a specific person may be charged and prosecuted as a separate and distinct violation.

(b) In the case of a contract for the construction of public works in which the contractor is in violation of this section, the contract shall be voidable at the instance of the state, county or municipality making it.

(3) For purposes of this section, "independent employment contractor" means a person or entity who provides temporary or permanent employees to work for an employer, and in which the direct relationship is between the contractor and the employer with the employer paying the contractor for the services of the employees.

SECTION 2. The Department of Finance and Administration is directed to enter into an agreement with the federal Immigration and Naturalization Service in order to interface with the Immigration and Naturalization Service database to facilitate the verification of citizenship and alien status of individuals seeking employment in this state.

SECTION 3. This act shall take effect and be in force from and after July 1, 2005.