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House Amendment 5221

Amendment Text

PAG LIN
  1  1    Amend Senate File 284, as passed by the Senate, as
  1  2 follows:
  1  3    #1.  Page 1, by inserting before line 1 the
  1  4 following:
  1  5    "Section 1.  Section 91E.3, subsection 1, Code
  1  6 1995, is amended by adding the following new
  1  7 paragraph:
  1  8    NEW PARAGRAPH.  e.  That possession of forged
  1  9 documentation authorizing the person to stay or be
  1 10 employed in the United States is a class "D" felony."
  1 11    #2.  Page 1, by inserting after line 22 the
  1 12 following:
  1 13    "Sec.    .  NEW SECTION.  715A.2A  ACCOMMODATION OF
  1 14 FORGERY – PENALTY.
  1 15    1.  An employer who hires or employs another person
  1 16 when the employer or an agent or employee of the
  1 17 employer knows or should know that the document
  1 18 evidencing the person's authorized stay or employment
  1 19 in the United States is in violation of section
  1 20 715A.2, subsection 2, paragraph "a", subparagraph (4)
  1 21 or knows or should know that the person is not
  1 22 authorized to be employed in the United States, shall
  1 23 be subject to the following civil penalty:
  1 24    a.  For hiring or employing one person, a penalty
  1 25 of not less than five hundred dollars but not more
  1 26 than one thousand dollars.
  1 27    b.  For hiring or employing two or more persons
  1 28 whose entry, study, or employment documentation is
  1 29 forged, a penalty of five hundred dollars per person
  1 30 hired or employed but not more than two thousand
  1 31 dollars per person hired or employed.
  1 32    In addition, an employer found to have hired or
  1 33 employed a person with forged documents authorizing
  1 34 the person's stay or employment in the United States
  1 35 shall be assessed the costs of the action to enforce
  1 36 the civil penalty, including the reasonable costs of
  1 37 investigation and attorneys' fees.
  1 38    2.  A civil action to enforce this provision shall
  1 39 be by equitable proceedings instituted by the attorney
  1 40 general or county attorney.
  1 41    3.  Penalties ordered pursuant to this section
  1 42 shall be paid to the treasurer of state for deposit in
  1 43 the general fund of the state."
  1 44    #3.  Title page, line 4, by striking the word
  1 45 "penalties" and inserting the following:  "criminal
  1 46 penalties and providing civil penalties for employers
  1 47 hiring individuals with forged documents regarding the
  1 48 individuals' entry into, study, or employment in the
  1 49 United States".
  1 50    #4.  By renumbering as necessary.  
  2  1 
  2  2 
  2  3                              
  2  4 COMMITTEE ON JUDICIARY
  2  5 BY HURLEY of Fayette, Chairperson
  2  6 SF 284.202 76
  2  7 mk/jj
     

Text: H05220                            Text: H05222
Text: H05200 - H05299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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