Text: S05816 Text: S05818 Text: S05800 - S05899 Text: S Index Bills and Amendments: General Index Bill History: General Index
Get Version To Print
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
Iowa General Assembly
Search: Senate Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Fri Apr 19 13:30:59 CDT 1996
URL: /DOCS/GA/76GA/Legislation/S/05800/S05817/960418.html
jhf