House of Representatives

SB 1040

tax liens; certificate of purchase

Sponsors: Senator Mitchell; Representatives Binder:  Blendu

 

DP

Committee on Counties & Municipalities

DPA

Committee on Ways & Means

X

Caucus and COW

 

Third Read

 

 

As Passed the House

 

SB 1040 requires a purchaser of a real property tax lien, if mandated by the county treasurer, to agree to acquire by assignment all outstanding certificates of purchase that were previously issued on the property, therefore granting the current purchaser all the right and title of the original purchaser.  SB 1040 has a proposed strike-everything amendment that would require employers to pay employees due wages regardless of their immigration status or national origin.

 

Current Status

SB 1040 passed the Counties & Municipalities Committee unamended.  SB 1040 passed the Ways  Means Committee with the strike-everything amendment.

History of the Proposed Strike-Everything Amendment

In March of this year, the Supreme Court ruled in Hoffman Plastic Compounds, Inc. v. National Labor Relations Board that the National Labor Relations Act does not protect illegal immigrants if they are fired for organizing a union.  In the case, a Mexican immigrant—Jose Castro—was living and working in the U.S. illegally, and had submitted false documentation in order to work at Hoffman Plastic.  In 1988 the United Rubber, Cork, Linoleum, and Plastic Workers began a union-organizing campaign at Hoffman Plastic. Castro and other employees supported the campaign, and helped to distribute authorization cards to his fellow workers. Castro was fired in 1989 along with several other employees for their role in this organizing drive. In 1993 the NLRB found that these dismissals violated the NLRA, and ordered Hoffman Plastic to cease and desist from further violations of the Act. The Board also ordered reinstatement and backpay for Castro, and eventually determined that he was entitled to $66,951 plus interest.  However, the Supreme Court found that the backpay remedy was not appropriate, because Castro did not have the right to work at Hoffman Plastic in the first place, due to his immigration status.  The Court voted 5-to-4 in favor of this outcome.

 

The proposed strike-everything amendment to SB 1040 would require employers to pay employees due wages regardless of their immigration status or national origin.

 

 

 

 

 

Provisions of the Proposed Strike-Everything Amendment

·          Requires Article 7 of Title 23 Chapter 2, which deals with Payment of Wages, to be applied to all employees in this state regardless of their immigration status or national origin.

 

The Ways and Means Committee adopted the strike-everything amendment.

 

 

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45th Legislature                    

Second Regular Session        2          May 20, 2002

 

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