House Amendment 2035 PAG LIN 1 1 Amend Senate File 601, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. Page 39, by inserting after line 23 the 1 4 following: 1 5 <Sec. . NEW SECTION. 91F.1 UNAUTHORIZED 1 6 ALIENS == EMPLOYER PROHIBITION. 1 7 An employer shall not knowingly employ as an 1 8 employee an unauthorized alien. For purposes of this 1 9 section, "knowingly employ as an employee an 1 10 unauthorized alien" includes cases in which an 1 11 employer actually knows a person is an unauthorized 1 12 alien and cases in which any person exercising 1 13 reasonable care should know from facts and 1 14 circumstances that a person is an unauthorized alien. 1 15 Sec. . NEW SECTION. 91F.2 PENALTIES. 1 16 1. An employer who violates section 91F.1 is 1 17 subject to a civil penalty of up to one thousand 1 18 dollars for each violation. 1 19 2. An employer who, through repeated violation of 1 20 section 91F.1, demonstrates a pattern of employing 1 21 unauthorized aliens may be ordered to pay punitive 1 22 damages. 1 23 Sec. . NEW SECTION. 91F.3 UNAUTHORIZED ALIEN 1 24 EMPLOYER PROSECUTION FUND. 1 25 1. An unauthorized alien employer prosecution fund 1 26 is created as a separate fund in the state treasury to 1 27 be administered by the attorney general. Moneys 1 28 credited to the fund shall include civil penalties 1 29 assessed and punitive damages awarded under section 1 30 91F.2. 1 31 2. For each year not more than fifty thousand 1 32 dollars is appropriated from the fund to the 1 33 department of justice to be used for the investigation 1 34 and prosecution of employers hiring unauthorized 1 35 aliens, including reimbursement of expenses incurred 1 36 by county, municipal, and other local government 1 37 agencies cooperating with the attorney general in the 1 38 investigation and prosecution of the hiring of 1 39 unauthorized aliens. 1 40 3. Notwithstanding section 8.33, moneys credited 1 41 to the fund shall not revert to any other fund. 1 42 Notwithstanding section 12C.7, interest or earnings on 1 43 moneys in the fund shall be credited to the fund.> 1 44 #2. By renumbering as necessary. 1 45 1 46 1 47 1 48 RANTS of Woodbury 1 49 SF 601.220 82 1 50 jm/es/10010 -1-