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