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Senate File 284

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PAG LIN
  1  1    Section 1.  Section 91E.3, subsection 1, Code 1995, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  e.  That possession of forged documentation
  1  4 authorizing the person to stay or be employed in the United
  1  5 States is a class "D" felony.
  1  6    Sec. 2.  Section 715A.2, subsection 1, Code 1995, is
  1  7 amended by adding the following new paragraph:
  1  8    NEW PARAGRAPH.  d.  Possesses a writing which the person
  1  9 knows to be forged in a manner specified in paragraph "a" or
  1 10 "b".
  1 11    Sec. 3.  Section 715A.2, subsection 2, paragraph a, Code
  1 12 1995, is amended to read as follows:
  1 13    a.  Forgery is a class "D" felony if the writing is or
  1 14 purports to be part any of the following:
  1 15    (1)  Part of an issue of money, securities, postage or
  1 16 revenue stamps, or other instruments issued by the government,
  1 17 or part.
  1 18    (2)  Part of an issue of stock, bonds, credit-sale
  1 19 contracts as defined in section 203.1, or other instruments
  1 20 representing interests in or claims against any property or
  1 21 enterprise, or a.
  1 22    (3)  A check, draft, or other writing which ostensibly
  1 23 evidences an obligation of the person who has purportedly
  1 24 executed it or authorized its execution.
  1 25    (4)  A document prescribed by statute, rule, or regulation
  1 26 for entry into or as evidence of authorized stay or employment
  1 27 in the United States.
  1 28    Sec. 4.  NEW SECTION.  715A.2A  ACCOMMODATION OF FORGERY –
  1 29 PENALTY.
  1 30    1.  An employer is subject to the civil penalty in this
  1 31 section if the employer does either of the following:
  1 32    a.  Hires a person when the employer or an agent or
  1 33 employee of the employer knows that the document evidencing
  1 34 the person's authorized stay or employment in the United
  1 35 States is in violation of section 715A.2, subsection 2,
  2  1 paragraph "a", subparagraph (4), or knows that the person is
  2  2 not authorized to be employed in the United States.
  2  3    b.  Continues to employ a person when the employer or an
  2  4 agent or employee of the employer knows that the document
  2  5 evidencing the person's authorized stay or employment in the
  2  6 United States is in violation of section 715A.2, subsection 2,
  2  7 paragraph "a", subparagraph (4), or knows that the person is
  2  8 not authorized to be employed in the United States.
  2  9    2.  An employer who establishes that it has complied in
  2 10 good faith with the requirements of 8 U.S.C. } 1324(b) with
  2 11 respect to the hiring or continued employment of an alien in
  2 12 the United States has established an affirmative defense that
  2 13 the employer has not violated this section.
  2 14    3.  An employer who violates this section shall cease and
  2 15 desist from further violations and shall pay the following
  2 16 civil penalty:
  2 17    a.  For a first violation, not less than two hundred and
  2 18 fifty dollars and not more than two thousand dollars for each
  2 19 unauthorized alien hired or employed.
  2 20    b.  For a second violation, not less than two thousand
  2 21 dollars and not more than five thousand dollars for each
  2 22 unauthorized alien hired or employed.
  2 23    c.  For a third or subsequent violation, not less than
  2 24 three thousand dollars and not more than ten thousand dollars
  2 25 for each unauthorized alien hired or employed.
  2 26    In addition, an employer found to have violated this
  2 27 section shall be assessed the costs of the action to enforce
  2 28 the civil penalty, including the reasonable costs of
  2 29 investigation and attorneys' fees.
  2 30    4.  A civil action to enforce this provision shall be by
  2 31 equitable proceedings instituted by the attorney general or
  2 32 county attorney.
  2 33    5.  Penalties ordered pursuant to this section shall be
  2 34 paid to the treasurer of state for deposit in the general fund
  2 35 of the state.  
  3  1 SF 284
  3  2 lh/cc/26
     
Text: SF00283                           Text: SF00285
Text: SF00200 - SF00299                 Text: SF Index
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