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Text: S05816                            Text: S05818
Text: S05800 - S05899                   Text: S Index
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Senate Amendment 5817

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 is subject to the civil penalty in
  1 16 this section if the employer does either of the
  1 17 following:
  1 18    a.  Hires a person when the employer or an agent or
  1 19 employee of the employer knows that the document
  1 20 evidencing the person's authorized stay or employment
  1 21 in the United States is in violation of section
  1 22 715A.2, subsection 2, paragraph "a", subparagraph (4),
  1 23 or knows that the person is not authorized to be
  1 24 employed in the United States.
  1 25    b.  Continues to employ a person when the employer
  1 26 or an agent or employee of the employer knows that the
  1 27 document evidencing the person's authorized stay or
  1 28 employment in the United States is in violation of
  1 29 section 715A.2, subsection 2, paragraph "a",
  1 30 subparagraph (4), or knows that the person is not
  1 31 authorized to be employed in the United States.
  1 32    2.  An employer who establishes that it has
  1 33 complied in good faith with the requirements of 8
  1 34 U.S.C. } 1324(b) with respect to the hiring or
  1 35 continued employment of an alien in the United States
  1 36 has established an affirmative defense that the
  1 37 employer has not violated this section.
  1 38    3.  An employer who violates this section shall
  1 39 cease and desist from further violations and shall pay
  1 40 the following civil penalty:
  1 41    a.  For a first violation, not less than two
  1 42 hundred and fifty dollars and not more than two
  1 43 thousand dollars for each unauthorized alien hired or
  1 44 employed.
  1 45    b.  For a second violation, not less than two
  1 46 thousand dollars and not more than five thousand
  1 47 dollars for each unauthorized alien hired or employed.
  1 48    c.  For a third or subsequent violation, not less
  1 49 than three thousand dollars and not more than ten
  1 50 thousand dollars for each unauthorized alien hired or
  2  1 employed.
  2  2    In addition, an employer found to have violated
  2  3 this section shall be assessed the costs of the action
  2  4 to enforce the civil penalty, including the reasonable
  2  5 costs of investigation and attorneys' fees.
  2  6    4.  A civil action to enforce this provision shall
  2  7 be by equitable proceedings instituted by the attorney
  2  8 general or county attorney.
  2  9    5.  Penalties ordered pursuant to this section
  2 10 shall be paid to the treasurer of state for deposit in
  2 11 the general fund of the state."
  2 12    #3.  Title page, line 4, by striking the word
  2 13 "penalties" and inserting the following:  "criminal
  2 14 penalties and providing civil penalties for employers
  2 15 hiring individuals with forged documents regarding the
  2 16 individuals' entry into, study, or employment in the
  2 17 United States".
  2 18    #4.  By renumbering as necessary.  
  2 19 SF 284H
  2 20 mk/pk/25
     

Text: S05816                            Text: S05818
Text: S05800 - S05899                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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