House File 657 - Introduced
HOUSE FILE
BY MURPHY, D. OLSON, BAILEY, WISE,
REICHERT, GASKILL, DANDEKAR,
COHOON, WENTHE, WHITAKER, KRESSIG,
PETTENGILL, FREVERT, PALMER,
H. MILLER, LYKAM, D. TAYLOR,
SWAIM, and MERTZ
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the employment of unauthorized aliens and
2 providing penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1768YH 82
5 ak/es/88
PAG LIN
1 1 Section 1. NEW SECTION. 91F.1 DEFINITIONS.
1 2 As used in this chapter:
1 3 1. "Commissioner" means the labor commissioner.
1 4 2. "Employee" means a natural person who is employed in
1 5 this state for wages paid on an hourly basis by an employer.
1 6 3. "Employer" means a person, as defined in section 4.1,
1 7 who in this state employs for wages, paid on an hourly basis,
1 8 one or more natural persons. An employer does not include a
1 9 client, patient, customer, or other person who obtains
1 10 professional services from a licensed person who provides the
1 11 services on a fee service basis or as an independent
1 12 contractor, or the state, or an agency or governmental
1 13 subdivision of the state.
1 14 4. "Unauthorized alien" means a person who is not lawfully
1 15 present in the United States.
1 16 Sec. 2. NEW SECTION. 91F.2 UNAUTHORIZED ALIENS ==
1 17 EMPLOYER PROHIBITION.
1 18 An employer shall not knowingly employ as an employee an
1 19 unauthorized alien. For purposes of this section, "knowingly
1 20 employ as an employee an unauthorized alien" means an employer
1 21 has actual knowledge that a person is an unauthorized alien
1 22 and employs the person as an employee. An employer who
1 23 obtains a verification of employment eligibility form required
1 24 by the federal Immigration Reform and Control Act of 1986, 8
1 25 U.S.C. } 1324a, shall not be considered in violation of this
1 26 chapter.
1 27 Sec. 3. NEW SECTION. 91F.3 PENALTIES.
1 28 1. An employer who violates section 91F.2 is subject to a
1 29 civil penalty of up to one thousand dollars.
1 30 2. A corporate officer of an employer who, by knowingly
1 31 directing the repeated violation of section 91F.2,
1 32 demonstrates a pattern of employing unauthorized aliens
1 33 commits a serious misdemeanor.
1 34 3. An employer who, through repeated violation of section
1 35 91F.2, demonstrates a pattern of employing unauthorized aliens
2 1 may be ordered to pay punitive damages.
2 2 Sec. 4. NEW SECTION. 91F.4 DUTIES AND AUTHORITY OF THE
2 3 COMMISSIONER == ENFORCEMENT BY ATTORNEY GENERAL.
2 4 1. The commissioner shall adopt rules to implement and
2 5 enforce this chapter.
2 6 2. In order to carry out the purposes of this chapter, the
2 7 commissioner or the commissioner's representative, upon
2 8 presenting appropriate credentials to an employer's owner,
2 9 operator, or agent in charge, may:
2 10 a. Inspect employment records relating to the employees of
2 11 the employer.
2 12 b. Interview an employer, owner, operator, agent, or
2 13 employee, during working hours or at other reasonable times.
2 14 3. If the commissioner has reason to believe that an
2 15 employer may be in violation of this chapter, the commissioner
2 16 shall notify the attorney general, and provide the attorney
2 17 general with any supporting information, for prosecution of
2 18 the violation by the attorney general.
2 19 Sec. 5. NEW SECTION. 91F.5 PROHIBITIONS RELATING TO
2 20 CERTAIN ACTIONS BY EMPLOYEES == PENALTY == CIVIL REMEDY.
2 21 1. An employer shall not discharge an employee or take or
2 22 fail to take action regarding an employee's appointment or
2 23 proposed appointment or promotion or proposed promotion, or
2 24 regarding any advantage of an employee as a reprisal for a
2 25 failure by that employee to inform the employer that the
2 26 employee made a disclosure of information to any law
2 27 enforcement agency if the employee reasonably believes the
2 28 information evidences a violation of section 91F.2.
2 29 2. Subsection 1 does not apply if the disclosure of the
2 30 information is prohibited by statute.
2 31 3. An employer who violates subsection 1 commits a simple
2 32 misdemeanor.
2 33 4. Subsection 1 may be enforced through a civil action.
2 34 a. An employer who violates subsection 1 is liable to an
2 35 aggrieved employee for affirmative relief, including
3 1 reinstatement, with or without back pay, or any other
3 2 equitable relief the court deems appropriate, including
3 3 attorney fees and costs.
3 4 b. If an employer commits, is committing, or proposes to
3 5 commit an act in violation of subsection 1, an injunction may
3 6 be granted through an action in district court to prohibit the
3 7 person from continuing such acts. The action for injunctive
3 8 relief may be brought by an aggrieved employee or the attorney
3 9 general.
3 10 EXPLANATION
3 11 This bill creates new Code chapter 91F prohibiting
3 12 employers from employing unauthorized aliens. The bill
3 13 defines "unauthorized aliens" as any person who is not
3 14 lawfully present in the United States. An "employer" is any
3 15 person who employs for wages, paid on an hourly basis, one or
3 16 more natural persons. The bill prohibits employers from
3 17 knowingly employing an unauthorized alien. The bill provides
3 18 that a violation can occur in cases in which an employer
3 19 actually knows a person is an unauthorized alien. The bill
3 20 provides that a violation of this chapter is subject to a
3 21 civil penalty of $1,000 and a corporate officer of an employer
3 22 who, through knowingly directing the repeated violations of
3 23 the chapter, demonstrates a pattern of employing unauthorized
3 24 aliens, commits a serious misdemeanor. An employer who
3 25 demonstrates a pattern of employing unauthorized aliens may be
3 26 ordered to pay punitive damages. The bill further authorizes
3 27 the labor commissioner within the department of workforce
3 28 development to adopt rules to implement and enforce this new
3 29 Code chapter and grants the commissioner the authority to
3 30 investigate employer records and to interview employees. The
3 31 bill provides that the commissioner shall forward any
3 32 suspected violations of this chapter to the attorney general
3 33 for prosecution.
3 34 The bill further provides that an employer shall not
3 35 discharge an employee from or take or fail to take action
4 1 regarding an employee's appointment or proposed appointment,
4 2 promotion or proposed promotion, or regarding any advantage of
4 3 an employee as a reprisal for a failure by that employee to
4 4 inform the employer that the employee made a disclosure of
4 5 information to any law enforcement agency if the employee
4 6 reasonably believes the information evidences a violation of
4 7 Code section 91F.2. An employer who violates these provisions
4 8 of this chapter commits a simple misdemeanor and is liable to
4 9 an aggrieved employee for affirmative relief including
4 10 reinstatement, with or without back pay, or any other
4 11 equitable relief the court deems appropriate, including
4 12 attorney fees and costs. In addition, an action for
4 13 injunctive relief may be brought by an aggrieved employee or
4 14 the attorney general.
4 15 LSB 1768YH 82
4 16 ak:rj/es/88.2