House File 2534 - Introduced
HOUSE FILE
BY D. OLSON, GASKILL, FREVERT,
MILLER, MURPHY, WENDT, BERRY,
WISE, T. TAYLOR, KRESSIG,
SCHUELLER, QUIRK, REICHERT,
BUKTA, WHITAKER, LYKAM,
WHITEAD, COHOON, SWAIM, THOMAS,
D. TAYLOR, REASONER, and
HEDDENS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to employment practices and human trafficking and
2 related offenses and providing penalties and remedies and an
3 appropriation.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5544YH 81
6 rh/cf/24
PAG LIN
1 1 Section 1. NEW SECTION. 13.6A SPECIAL ASSISTANT == HUMAN
1 2 TRAFFICKING AND RELATED OFFENSES == EMPLOYMENT OF UNAUTHORIZED
1 3 ALIENS.
1 4 The attorney general shall appoint a special assistant
1 5 attorney general for claims who shall, under the direction of
1 6 the attorney general, investigate and prosecute all claims
1 7 relating to the crime of human trafficking and related
1 8 offenses pursuant to sections 710A.2, 710A.3, and 710A.4 and
1 9 the employment of unauthorized aliens pursuant to section
1 10 91F.2. The special assistant attorney general appointed
1 11 pursuant to this section shall work with the director of
1 12 revenue and the commissioner of insurance in investigating the
1 13 employment of unauthorized aliens, including the examination
1 14 of certain tax and insurance documents.
1 15 Sec. 2. Section 15.330, Code Supplement 2005, is amended
1 16 by adding the following new subsection:
1 17 NEW SUBSECTION. 5. a. A statement that the business has
1 18 not, within the past ten years, knowingly employed an
1 19 unauthorized alien as an employee and will not knowingly
1 20 employ an unauthorized alien as an employee during the period
1 21 of time the business is eligible to receive incentives.
1 22 b. If a business that is approved to receive incentives
1 23 under this part employs unauthorized aliens in violation of
1 24 section 91F.2, the department shall have the discretion to
1 25 reduce or eliminate some or all of the incentives, and the
1 26 business may be subject to repayment of all or a portion of
1 27 the incentives that it has received.
1 28 c. For purposes of this subsection, "unauthorized alien"
1 29 means the same as defined in section 91F.1, and "knowingly
1 30 employ as an employee an unauthorized alien" means the same as
1 31 defined in section 91F.2.
1 32 Sec. 3. NEW SECTION. 73A.22 STATE ASSISTANCE
1 33 RESTRICTIONS == PERSONS EMPLOYING UNAUTHORIZED ALIENS.
1 34 1. a. A state department, institution, or agency, or any
1 35 board member, commissioner, director, manager, or other person
2 1 connected with any such department, institution, or agency,
2 2 shall not award a contract or provide developmental assistance
2 3 to an employer as defined in section 91F.1 if the employer or
2 4 a corporate officer of the employer has been found in
2 5 violation of section 91F.2 within the past five years.
2 6 b. For purposes of this section, "developmental
2 7 assistance" means any form of public assistance, including tax
2 8 expenditures, made for the purpose of stimulating the economic
2 9 development of a corporation, industry, geographic
2 10 jurisdiction, or any other sector of the state's economy,
2 11 including but not limited to industrial development bonds,
2 12 training grants, loans, loan guarantees, enterprise zones,
2 13 empowerment zones, tax increment financing, fee waivers, land
2 14 price subsidies, infrastructure constructed or improved for
2 15 the benefit of a single business or defined group of
2 16 businesses at the time it is built or improved, matching
2 17 funds, tax abatements, tax credits and tax discounts of every
2 18 kind, including corporate, franchise, personal income, sales
2 19 and use, raw materials, real property, job creation,
2 20 individual investment, excise, utility, inventory, accelerated
2 21 depreciation, and research and development tax credits and
2 22 discounts.
2 23 2. Any contract or developmental assistance awarded shall
2 24 provide that if, during the effective period of the contract
2 25 or developmental assistance, the vendor, contractor,
2 26 subcontractor, or developmental assistance recipient violates
2 27 the provisions of section 91F.2, the contract or developmental
2 28 assistance shall be terminated.
2 29 3. A state department, institution, or agency may enforce
2 30 its rights under this section by instituting a civil action in
2 31 district court in this state. In addition, a state
2 32 department, institution, or agency shall not award a contract
2 33 or provide developmental assistance to any person that
2 34 violates this section for a period of five years after the
2 35 date of the violation.
3 1 Sec. 4. NEW SECTION. 91F.1 DEFINITIONS.
3 2 As used in this chapter:
3 3 1. "Employee" means a natural person who is employed in
3 4 this state for wages paid on an hourly basis by an employer.
3 5 2. "Employer" means a person, as defined in section 4.1,
3 6 who in this state employs for wages one or more natural
3 7 persons.
3 8 3. "Unauthorized alien" means a person who is not a
3 9 citizen or legal resident and who has not been lawfully
3 10 admitted to the United States for permanent residence or who
3 11 is not authorized to work in the United States.
3 12 Sec. 5. NEW SECTION. 91F.2 UNAUTHORIZED ALIENS ==
3 13 EMPLOYER PROHIBITION.
3 14 An employer shall not knowingly employ as an employee an
3 15 unauthorized alien. For purposes of this section, "knowingly
3 16 employ as an employee an unauthorized alien" includes cases in
3 17 which an employer actually knows a person is an unauthorized
3 18 alien and cases in which any person exercising reasonable care
3 19 should know from facts and circumstances that a person is an
3 20 unauthorized alien.
3 21 Sec. 6. NEW SECTION. 91F.3 PENALTIES.
3 22 1. An employer who violates section 91F.2 is subject to a
3 23 civil penalty of up to one thousand dollars.
3 24 2. A corporate officer of an employer who, through
3 25 repeated violation of section 91F.2, demonstrates a pattern of
3 26 employing unauthorized aliens commits a serious misdemeanor.
3 27 3. An employer who, through repeated violation of section
3 28 91F.2, demonstrates a pattern of employing unauthorized aliens
3 29 may be ordered to pay punitive damages.
3 30 Sec. 7. NEW SECTION. 91F.4 DUTIES AND AUTHORITY OF THE
3 31 ATTORNEY GENERAL == ENFORCEMENT.
3 32 1. In order to carry out the purposes of this chapter, the
3 33 attorney general or the attorney general's representative,
3 34 upon presenting appropriate credentials to an employer's
3 35 owner, operator, or agent in charge, may:
4 1 a. Inspect employment records relating to the employees of
4 2 the employer.
4 3 b. Interview an employer, owner, operator, agent, or
4 4 employee during working hours or at other reasonable times.
4 5 2. The attorney general shall enforce provisions of this
4 6 chapter.
4 7 Sec. 8. NEW SECTION. 91F.5 PROHIBITIONS RELATING TO
4 8 CERTAIN ACTIONS BY EMPLOYEES == PENALTY == CIVIL REMEDY.
4 9 1. An employer shall not discharge an employee or take or
4 10 fail to take action regarding an employee's appointment or
4 11 proposed appointment or promotion or proposed promotion, or
4 12 regarding any advantage of an employee as a reprisal for a
4 13 failure by that employee to inform the employer that the
4 14 employee made a disclosure of information to any law
4 15 enforcement agency if the employee reasonably believes the
4 16 information evidences a violation of section 91F.2, 710A.2,
4 17 710A.3, or 710A.4.
4 18 2. Subsection 1 does not apply if the disclosure of the
4 19 information is prohibited by statute.
4 20 3. An employer who violates subsection 1 commits a simple
4 21 misdemeanor.
4 22 4. Subsection 1 may be enforced through a civil action.
4 23 a. An employer who violates subsection 1 is liable to an
4 24 aggrieved employee for affirmative relief, including
4 25 reinstatement, with or without back pay, or any other
4 26 equitable relief the court deems appropriate, including
4 27 attorney fees and costs.
4 28 b. If an employer commits, is committing, or proposes to
4 29 commit an act in violation of subsection 1, an injunction may
4 30 be granted through an action in district court to prohibit the
4 31 person from continuing such acts. The action for injunctive
4 32 relief may be brought by an aggrieved employee or the attorney
4 33 general.
4 34 Sec. 9. NEW SECTION. 710A.1 DEFINITIONS.
4 35 As used in this chapter:
5 1 1. "Commercial sexual activity" means any sex act on
5 2 behalf of which anything of value is given, promised to, or
5 3 received by any person and includes, but is not limited to,
5 4 prostitution, participation in the production of pornography,
5 5 and performance in strip clubs.
5 6 2. "Forced labor or services" means labor or services that
5 7 are performed or provided by another person and that are
5 8 obtained or maintained through any of the following:
5 9 a. Causing or threatening to cause serious physical injury
5 10 to any person.
5 11 b. Physically restraining or threatening to physically
5 12 restrain another person.
5 13 c. Abusing or threatening to abuse the law or legal
5 14 process.
5 15 d. Knowingly destroying, concealing, removing,
5 16 confiscating, or possessing any actual or purported passport
5 17 or other immigration document, or any other actual or
5 18 purported government identification document, of another
5 19 person.
5 20 3. "Labor" means work of economic or financial value.
5 21 4. "Maintain" means, in relation to labor and services, to
5 22 secure continued performance thereof, regardless of any
5 23 initial agreement on the part of the victim to perform such
5 24 type of services.
5 25 5. "Minor" means a person under the age of eighteen years.
5 26 6. "Obtain" means, in relation to labor or services, to
5 27 secure performance thereof.
5 28 7. "Services" means an ongoing relationship between a
5 29 person and the actor in which the person performs activities
5 30 under the supervision of or for the benefit of the actor,
5 31 including commercial sexual activity and sexually explicit
5 32 performances.
5 33 8. "Sexually explicit performance" means a live or public
5 34 act or show intended to arouse or satisfy the sexual desires
5 35 or appeal to the prurient interest of patrons.
6 1 9. "Venture" means any group of two or more persons
6 2 associated in fact, whether or not a legal entity.
6 3 10. "Victim" means a person subjected to the practices set
6 4 forth in section 710A.2, 710A.3, or 710A.4.
6 5 Sec. 10. NEW SECTION. 710A.2 FORCED LABOR AND SERVICES.
6 6 1. A person who knowingly subjects, attempts to subject,
6 7 or engages in a conspiracy to subject another person to forced
6 8 labor or services by causing or threatening to cause serious
6 9 physical injury to that other person is guilty of a class "B"
6 10 felony, except that if that other person is a minor, a person
6 11 who violates this subsection is guilty of a class "A" felony.
6 12 2. A person who knowingly subjects, attempts to subject,
6 13 or engages in a conspiracy to subject another person to forced
6 14 labor or services by physically restraining or threatening to
6 15 physically restrain that other person is guilty of a class "C"
6 16 felony, except that if that other person is a minor, a person
6 17 who violates this subsection is guilty of a class "B" felony.
6 18 3. A person who knowingly subjects, attempts to subject,
6 19 or engages in a conspiracy to subject another person to forced
6 20 labor or services by abusing or threatening to abuse the law
6 21 or legal process is guilty of a class "D" felony, except that
6 22 if that other person is a minor, a person who violates this
6 23 subsection is guilty of a class "C" felony.
6 24 4. A person who knowingly subjects, attempts to subject,
6 25 or engages in a conspiracy to subject another person to forced
6 26 labor or services by knowingly destroying, concealing,
6 27 removing, confiscating, or possessing any actual or purported
6 28 passport or other immigration document, or any other actual or
6 29 purported government identification document, of that other
6 30 person is guilty of a class "D" felony, except that if that
6 31 other person is a minor, a person who violates this subsection
6 32 is guilty of a class "C" felony.
6 33 Sec. 11. NEW SECTION. 710A.3 HUMAN TRAFFICKING == FORCED
6 34 LABOR AND SERVICES.
6 35 1. A person shall not knowingly recruit, entice, harbor,
7 1 transport, provide, or obtain by any means, or attempt to
7 2 recruit, entice, harbor, transport, provide, or obtain by any
7 3 means, another person, with the intent that the other person
7 4 be subjected to forced labor or services.
7 5 2. A person shall not knowingly benefit, financially or by
7 6 receiving anything of value, from participation in a venture
7 7 that involves a violation of this section.
7 8 3. A person who violates this section is guilty of a class
7 9 "B" felony, except that if the other person is a minor, a
7 10 person who violates this section is guilty of a class "A"
7 11 felony.
7 12 Sec. 12. NEW SECTION. 710A.4 HUMAN TRAFFICKING == SEXUAL
7 13 EXPLOITATION OF A MINOR.
7 14 1. A person shall not knowingly recruit, entice, harbor,
7 15 transport, provide, or obtain by any means, or attempt to
7 16 recruit, entice, harbor, transport, provide, or obtain by any
7 17 means, a minor, with the intent that the minor be subjected to
7 18 sexual exploitation in violation of section 728.12.
7 19 2. A person shall not knowingly benefit, financially or by
7 20 receiving anything of value, from participation in a venture
7 21 that involves a violation of section 728.12.
7 22 3. A person who violates this section is guilty of a class
7 23 "A" felony.
7 24 Sec. 13. NEW SECTION. 710A.5 SENTENCING ENHANCEMENTS.
7 25 1. If a violation of section 710A.2 or 710A.3 results in
7 26 the death of the person or if the person is kidnapped in
7 27 violation of section 710.2 or 710.3, the defendant is guilty
7 28 of a class "A" felony.
7 29 2. In sentencing a person for a violation of section
7 30 710A.2, 710A.3, or 710A.4, the court shall sentence the
7 31 defendant to an additional term of confinement of ten years in
7 32 cases in which the victim was maintained or held for a period
7 33 greater than one hundred eighty days or if the offense
7 34 involved more than ten victims.
7 35 Sec. 14. NEW SECTION. 710A.6 CORPORATE LIABILITY.
8 1 If a corporation is convicted of an offense pursuant to
8 2 section 710A.2, 710A.3, or 710A.4, in addition to any other
8 3 penalties provided in this chapter, the court shall, where
8 4 appropriate, do any of the following:
8 5 1. Order the corporation's dissolution or reorganization.
8 6 2. Order the suspension or revocation of any license,
8 7 permit, or prior approval granted by a state agency.
8 8 3. Order the surrender of the corporation's organizational
8 9 authority if organized under state law or revocation of the
8 10 corporation's authority to conduct business in this state.
8 11 Sec. 15. NEW SECTION. 710A.7 RESTITUTION AND ADDITIONAL
8 12 FINE.
8 13 In addition to any fine or penalty imposed under this
8 14 chapter, the court shall order a defendant convicted of a
8 15 violation of this chapter to make restitution for damages
8 16 resulting directly from the violation, to the victim, pursuant
8 17 to chapter 910, and shall include an additional fine of the
8 18 greater of either the gross income or value of the victim's
8 19 labor or services or the value of the victim's wages of not
8 20 less than the applicable federal minimum wage under the
8 21 federal Fair Labor Standards Act.
8 22 Sec. 16. NEW SECTION. 915.51 GENERAL RIGHTS OF HUMAN
8 23 TRAFFICKING VICTIMS.
8 24 1. In addition to other victim rights provided in this
8 25 chapter, including the right to receive victim compensation
8 26 pursuant to section 915.84 and the right to exert victim
8 27 counseling privileges pursuant to section 915.20A, victims of
8 28 a crime described in section 710A.2, 710A.3, or 710A.4 shall
8 29 have the following rights without regard to their immigration
8 30 status:
8 31 a. The right to receive prompt medical care including
8 32 mental health care, food, shelter, and other assistance, if
8 33 necessary.
8 34 b. The right to have access to legal assistance and
8 35 translation services, if necessary.
9 1 c. The right to receive reasonable police protection if a
9 2 victim's safety is at risk or if there is any danger of
9 3 additional harm, including measures to protect victims and
9 4 their family members from intimidation and threats of
9 5 reprisals from traffickers and their associates and ensuring
9 6 that the names and identifying information of victims and
9 7 their family members are not disclosed to the public.
9 8 2. The departments of human services, human rights,
9 9 health, public safety, justice, and other public state
9 10 agencies shall provide the requisite services to assist in the
9 11 administration of this section.
9 12 Sec. 17. DEPARTMENT OF JUSTICE == HUMAN TRAFFICKING CRIMES
9 13 AND RELATED OFFENSES == INVESTIGATION AND PROSECUTION ==
9 14 APPROPRIATION. There is appropriated from the general fund of
9 15 the state to the department of justice for the fiscal year
9 16 beginning July 1, 2006, and ending June 30, 2007, the
9 17 following amount, or so much thereof as is necessary, to be
9 18 used for the purposes designated:
9 19 For the investigation and prosecution of human trafficking
9 20 crimes and related offenses pursuant to sections 710A.2,
9 21 710A.3, and 710A.4, and the employment of unauthorized aliens
9 22 pursuant to section 91F.2:
9 23 .................................................. $ 100,000
9 24 Notwithstanding section 8.33, moneys appropriated in this
9 25 section that remain unencumbered or unobligated at the close
9 26 of the fiscal year shall not revert but shall remain available
9 27 for expenditure for the purposes designated until the close of
9 28 the succeeding fiscal year.
9 29 EXPLANATION
9 30 This bill relates to employment practices and human
9 31 trafficking and related offenses and provides penalties.
9 32 The bill provides that a business that enters into an
9 33 agreement to be eligible to receive incentives under the high
9 34 quality job creation Act shall provide a statement that the
9 35 business has not, within the past 10 years, knowingly employed
10 1 an unauthorized alien as an employee and will not knowingly
10 2 employ an unauthorized alien as an employee during the time
10 3 the business is eligible to receive incentives. If the
10 4 business receives incentives and knowingly employs
10 5 unauthorized aliens, the department of economic development
10 6 may reduce some or all of the incentives, and the business may
10 7 be subject to repayment of the incentives it has received.
10 8 New Code section 73A.22 is created to prohibit state
10 9 entities from awarding a contract or providing developmental
10 10 assistance to a person who violates the provisions of the bill
10 11 concerning the employment of unauthorized aliens as
10 12 established in new Code section 91F.2. The bill defines
10 13 "developmental assistance" as any form of public assistance,
10 14 including tax incentives, grants, or other subsidies. The
10 15 bill provides that a person violating this new provision shall
10 16 have their contract or developmental assistance terminated.
10 17 The bill grants state entities the right to enforce their
10 18 rights in district court and provides that a person violating
10 19 this provision shall be prohibited from receiving a state
10 20 contract or developmental assistance for five years.
10 21 The bill creates new Code chapter 91F prohibiting employers
10 22 from employing unauthorized aliens. The bill defines
10 23 "unauthorized alien" as any person who is not a citizen or
10 24 legal resident and who has not been lawfully admitted to the
10 25 United States for permanent residence or who is not authorized
10 26 to work in the United States. An "employer" is any person who
10 27 employs for wages one or more natural persons. The bill
10 28 prohibits employers from knowingly employing an unauthorized
10 29 alien. The bill provides that a violation can occur in cases
10 30 in which an employer actually knows a person is an
10 31 unauthorized alien as well as a situation in which any person
10 32 exercising reasonable care should know from facts and
10 33 circumstances that a person is an unauthorized alien. The
10 34 bill provides that a violator of this new Code chapter is
10 35 subject to a civil penalty of $1,000 and a corporate officer
11 1 of an employer who, through repeated violation of the chapter,
11 2 demonstrates a pattern of employing unauthorized aliens
11 3 commits a serious misdemeanor. An employer who demonstrates a
11 4 pattern of employing unauthorized aliens may be ordered to pay
11 5 punitive damages. The bill further authorizes the attorney
11 6 general to administer and enforce this new Code chapter and
11 7 grants the attorney general the authority to investigate
11 8 employer records and to interview employees. The bill further
11 9 provides that an employer shall not discharge an employee from
11 10 or take or fail to take action regarding an employee's
11 11 appointment or proposed appointment, promotion or proposed
11 12 promotion, or regarding any advantage of an employee as a
11 13 reprisal for a failure by that employee to inform the employer
11 14 that the employee made a disclosure of information to any law
11 15 enforcement agency if the employee reasonably believes the
11 16 information evidences a violation of new Code section 91F.2,
11 17 710A.2, 710A.3, or 710A.4, relating to unauthorized alien
11 18 employment or human trafficking. An employer who violates the
11 19 provisions of new Code chapter 91F is liable to an aggrieved
11 20 employee for affirmative relief, including reinstatement, with
11 21 or without back pay, or any other equitable relief the court
11 22 deems appropriate, including attorney fees and costs. In
11 23 addition, an action for injunctive relief may be brought by an
11 24 aggrieved employee or the attorney general.
11 25 The bill provides that a person who knowingly subjects,
11 26 attempts to subject, or engages in a conspiracy to subject
11 27 another person to forced labor or services by causing or
11 28 threatening to cause serious physical injury to that person,
11 29 by physically restraining or threatening to physically
11 30 restrain another person, by abusing or threatening to abuse
11 31 the law or legal process, or by destroying, concealing,
11 32 removing, confiscating, or possessing any actual or purported
11 33 passport or other immigration document, or any other actual or
11 34 purported government identification document, of another
11 35 person is guilty of the crime of forced labor and services and
12 1 is subject to a class "B" felony, a class "C" felony, or a
12 2 class "D" felony, depending upon the circumstances of the
12 3 offense. A class "B" felony is punishable by confinement for
12 4 no more than 25 years, a class "C" felony is punishable by
12 5 confinement for no more than 10 years and a fine of at least
12 6 $1,000 but not more than $10,000, and a class "D" felony is
12 7 punishable by confinement for no more than five years and a
12 8 fine of at least $750 but not more than $7,500. The bill
12 9 provides sentencing enhancements for a crime involving a minor
12 10 victim, depending on the circumstances of the offense, ranging
12 11 from a class "A" felony, punishable by confinement for life
12 12 without the possibility of parole, to a class "C" felony.
12 13 The bill provides that a person who knowingly recruits,
12 14 entices, harbors, transports, provides, or obtains by any
12 15 means, or attempts to recruit, entice, harbor, transport,
12 16 provide, or obtain by any means, another person, with the
12 17 intent that the person be subjected to forced labor or
12 18 services, or a person who knowingly benefits, financially or
12 19 by receiving anything of value, from participation in a
12 20 venture that involves forced labor or services, is guilty of a
12 21 class "B" felony, except if the person being trafficked is a
12 22 minor, a person who commits either act is guilty of a class
12 23 "A" felony.
12 24 The bill further provides that a person who knowingly
12 25 recruits, entices, harbors, transports, provides, or obtains
12 26 by any means, or attempts to recruit, entice, harbor,
12 27 transport, provide, or obtain by any means, a minor, with the
12 28 intent that the minor be subjected to sexual exploitation in
12 29 violation of Code section 728.12, Iowa's sexual exploitation
12 30 of a minor statute, or a person who knowingly benefits,
12 31 financially or by receiving anything of value, from
12 32 participation in a venture that involves a violation of Code
12 33 section 728.12, is guilty of a class "A" felony.
12 34 The bill provides sentencing enhancements for the crimes of
12 35 forced labor and services and human trafficking in forced
13 1 labor and services. The bill provides that if a violation of
13 2 any such offenses results in the death of the person or if the
13 3 person is kidnapped, the defendant is guilty of a class "A"
13 4 felony.
13 5 The bill provides that if a corporation is convicted of the
13 6 crimes of forced labor and services, human trafficking in
13 7 forced labor and services, or human trafficking in the sexual
13 8 exploitation of a minor, the court shall order the
13 9 corporation's dissolution or reorganization, order the
13 10 suspension or revocation of any license, permit, or prior
13 11 approval granted by a state agency in Iowa, or order the
13 12 surrender of the corporation's charter if organized under
13 13 state law or revocation of the corporation's certificate to
13 14 conduct business in the state.
13 15 The bill provides that a victim under this bill shall
13 16 receive restitution for damages resulting directly from the
13 17 violation pursuant to Code chapter 910, which shall include a
13 18 fine of the greater of either the gross income or value of the
13 19 victim's labor or services or the value of the victim's labor
13 20 as guaranteed under the provisions of the federal Fair Labor
13 21 Standards Act.
13 22 The bill provides that in addition to other victim rights
13 23 provided in Code chapter 915, including the right to receive
13 24 victim compensation pursuant to Code section 915.84 and the
13 25 right to exert victim counseling privileges pursuant to Code
13 26 section 915.20A, victims shall have the right to receive
13 27 prompt medical care including mental health care, food,
13 28 shelter, and other assistance, the right to have access to
13 29 legal assistance and translation services, and the right to
13 30 receive reasonable police protection and including ensuring
13 31 that the names and identifying information of victims and
13 32 their family members are not disclosed to the public if a
13 33 victim's safety is at risk or if there is any danger of
13 34 additional harm, without regard to their immigration status.
13 35 The bill authorizes the attorney general to appoint a
14 1 special assistant attorney general who shall, under the
14 2 direction of the attorney general, investigate and prosecute
14 3 all claims relating to the crime of human trafficking and
14 4 related offenses and the employment of unauthorized aliens and
14 5 appropriates up to $100,000 from the state general fund to the
14 6 department of justice for the fiscal year beginning July 1,
14 7 2006, and ending June 30, 2007, to be used by the department
14 8 of justice for such purposes. Notwithstanding Code section
14 9 8.33, appropriated moneys that remain unencumbered or
14 10 unobligated at the close of the fiscal year do not revert but
14 11 remain available for expenditure for the purposes designated
14 12 until the close of the succeeding fiscal year.
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