Contractors; shall not knowingly employ unauthorized alien. (HB1298)

Introduced By

Del. Jeff Frederick (R-Woodbridge) with support from co-patron Del. Tim Hugo (R-Centreville)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Professions and occupations; grounds for disciplinary action for employment of illegal immigrants; penalty. Provides that any person holding a license, certification, or registration issued by a regulatory board established pursuant to Title 54.1 who knowingly hires any individual who cannot provide documents indicating that he is legally eligible to be employed in the United States will have his license certification, or registration suspended for 10 business days. The second or any subsequent violation shall be cause for further disciplinary action by the regulatory board including revocation or failure to renew the license, certificate, registration, or a monetary penalty not to exceed $2,500 for each violation. In addition, the bill provides that no regulatory board established under Title 54.1 may issue a license, certification, or registration to any person who is not citizen of or legally present in the United States. The bill also requires all private employers to obtain employment eligibility verification documentation as specified in Form I-9 indicating that a prospective employee is legally eligible for employment in the United States. In addition to criminal penalties for employing illegal immigrants, the bill provides for the civil penalty of $10,000 for each individual employed. In addition, the bill grants local commissioners of the revenue the power to deny or revoke business licenses of persons who (i) is not a United States citizen or legally present in the United States, or (ii) employs other persons who are not United States citizens or legally present in the United States. Read the Bill »


Bill Has Passed


01/09/2008Prefiled and ordered printed; offered 01/09/08 081913508
01/09/2008Referred to Committee on Rules
01/21/2008Impact statement from DPB (HB1298)
02/05/2008Referred from Rules
02/05/2008Referred to Committee for Courts of Justice
02/08/2008Referred to Committee on Appropriations
02/08/2008Reported from Courts of Justice with substitute (15-Y 5-N) (see vote tally)
02/09/2008Committee substitute printed 080883508-H1
02/11/2008Read first time
02/11/2008Constitutional reading dispensed (97-Y 0-N)
02/11/2008VOTE: --- AGREE TO MOTION (97-Y 0-N) (see vote tally)
02/11/2008Committee substitute agreed to 080883508-H1
02/11/2008Amendment by Delegate Albo agreed to
02/11/2008Engrossed by House - committee substitute with amendment HB1298EH1
02/11/2008Printed as engrossed 080883508-EH1
02/12/2008Read third time and passed House (96-Y 3-N)
02/12/2008VOTE: --- PASSAGE (96-Y 3-N) (see vote tally)
02/12/2008Communicated to Senate
02/13/2008Constitutional reading dispensed
02/13/2008Referred to Committee for Courts of Justice
02/25/2008Reported from Courts of Justice with amendment (15-Y 0-N)
02/26/2008Constitutional reading dispensed (40-Y 0-N)
02/27/2008Read third time
02/27/2008Reading of amendment waived
02/27/2008Committee amendment agreed to
02/27/2008Engrossed by Senate as amended
02/27/2008Passed Senate with amendment (40-Y 0-N)
02/28/2008Placed on Calendar
02/28/2008Impact statement from DPB (HB1298EH1)
02/29/2008Senate amendment agreed to by House (97-Y 0-N)
02/29/2008VOTE: --- ADOPTION (97-Y 0-N)
03/04/2008Bill text as passed House and Senate (HB1298ER)
03/05/2008Signed by Speaker
03/06/2008Impact statement from DPB (HB1298ER)
03/06/2008Signed by President
03/12/2008G Approved by Governor-Chapter 598 (effective 7/1/08)
03/18/2008G Acts of Assembly Chapter text (CHAP0598)


Mary Steele Yorktown VA writes:

If you want to do more in less time and a lot less money, make the fines start at $100,000 per illegal for the first offense, $200,000 fine per illegal, a mandatory 2 year jail term and loss of business and its assets for the second offense. There are no more excuses. You use the E-verify system, print you results and if they are erroneous, you have done your part.

Gregg Reynolds writes:

Sounds like a police state to me. I think this whole approach is bad for the great majority of residents and certainly does not help our economy.

It boils down to two groups, One group cares more about themselves than others and the other group cares as much or more about others as themselves. If you fall into the first group you generally like these bills. If you fall into the second group you don't.

VirginiaImmigrantAdvocacy, tracking this bill in Photosynthesis, notes:

Like SB 517, this bill requires public bodies to include in all contracts a provision that commits public contractors not to hire unlawful aliens.

The House and Senate are trying to get the language of the two bills identical; issues were raised about the $10,000 threshhold for written certification.