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House Amendment 6024

Amendment Text

PAG LIN
  1  1    Amend the amendment, H-5888, to Senate File 284, as
  1  2 passed by the Senate, as follows:
  1  3    #1.  Page 1, by inserting after line 10 the
  1  4 following:
  1  5    "#   .  Page 1, by striking lines 6 through 22 and
  1  6 inserting the following:
  1  7    "Sec.    .  Section 715A.2, subsection 2, paragraph
  1  8 b, Code 1995, is amended to read as follows:
  1  9    b.  Forgery is an aggravated misdemeanor if the
  1 10 writing is or purports to be a document prescribed by
  1 11 statute, rule, or regulation for entry into or as
  1 12 evidence of authorized stay or employment in the
  1 13 United States, will, deed, contract, release,
  1 14 commercial instrument, or any other writing or other
  1 15 document evidencing, creating, transferring, altering,
  1 16 terminating, or otherwise affecting legal relations.
  1 17 A person convicted of an aggravated misdemeanor under
  1 18 this paragraph, where the forged document was one
  1 19 prescribed by statute, rule, or regulation for entry
  1 20 into or as evidence of authorized stay or employment
  1 21 in the United States, shall be sentenced to an
  1 22 indeterminate term of confinement of not less than one
  1 23 year and one day.""
  1 24    #2.  Page 1, by striking lines 15 through 31 and
  1 25 inserting the following:
  1 26    "1.  An employer is subject to the civil penalty in
  1 27 this section if the employer does either of the
  1 28 following:
  1 29    a.  Hires a person when the employer or an agent or
  1 30 employee of the employer knows that the document
  1 31 evidencing the person's authorized stay or employment
  1 32 in the United States is in violation of section
  1 33 715A.2, subsection 2, paragraph "a", subparagraph (4),
  1 34 or knows that the person is not authorized to be
  1 35 employed in the United States.
  1 36    b.  Continues to employ a person when the employer
  1 37 or an agent or employee of the employer knows that the
  1 38 document evidencing the person's authorized stay or
  1 39 employment in the United States is in violation of
  1 40 section 715A.2, subsection 2, paragraph "a",
  1 41 subparagraph (4), or knows that the person is not
  1 42 authorized to be employed in the United States.
  1 43    2.  An employer who establishes that it has
  1 44 complied in good faith with the requirements of 8
  1 45 U.S.C. } 1324(b) with respect to the hiring or
  1 46 continued employment of an alien in the United States
  1 47 has established an affirmative defense that the
  1 48 employer has not violated this section.
  1 49    3.  An employer who violates this section shall
  1 50 cease and desist from further violations and shall pay
  2  1 the following civil penalty:
  2  2    a.  For a first violation, not less than two
  2  3 hundred and fifty dollars and not more than two
  2  4 thousand dollars for each unauthorized alien hired or
  2  5 employed.
  2  6    b.  For a second violation, not less than two
  2  7 thousand dollars and not more than five thousand
  2  8 dollars for each unauthorized alien hired or employed.
  2  9    c.  For a third or subsequent violation, not less
  2 10 than three thousand dollars and not more than ten
  2 11 thousand dollars for each unauthorized alien hired or
  2 12 employed."
  2 13    #3.  Page 1, by striking lines 32 through 34 and
  2 14 inserting the following:
  2 15    "In addition, an employer found to have violated
  2 16 this section".
  2 17    #4.  Page 1, line 38, by striking the figure "2"
  2 18 and inserting the following:  "4".
  2 19    #5.  Page 1, line 41, by striking the figure "3"
  2 20 and inserting the following:  "5".
  2 21    #6.  By renumbering as necessary.  
  2 22 
  2 23 
  2 24                              
  2 25 DODERER of Johnson
  2 26 
  2 27 
  2 28                              
  2 29 KREIMAN of Davis
  2 30 
  2 31 
  2 32                              
  2 33 HOLVECK of Polk
  2 34 
  2 35 
  2 36                              
  2 37 RANTS of Woodbury
  2 38 SF 284.302 76
  2 39 mk/cf
     

Text: H06023                            Text: H06025
Text: H06000 - H06099                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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