Amendment S-5036 to SF 108

Relating to the employment of unauthorized aliens and providing penalties

Ruled out of order · February 28, 2024

Filed February 28, 2024 in the Senate by Sen. Nate Boulton (D)

What it changes

AI summary This amendment expands the bill to include penalties for employers who knowingly hire unauthorized minors in addition to unauthorized aliens. It also adds requirements for employers to check a person's age using government documentation and provides a legal defense for employers who show they made a good-faith attempt to follow child labor laws.¹

Read the amendment’s wording

Page 2, after line 9 by inserting: “___. “Unauthorized minor” means a minor employed to perform work for which the minor was not of legal age under chapter 92 or the federal Fair Labor Standards Act.”
Page 2, line 12, after “aliens” by inserting “or unauthorized minors”
Page 2, line 13, after “aliens” by inserting “or unauthorized minors”
Page 2, line 14, after “alien” by inserting “or an unauthorized minor”
Page 2, line 16, after “alien” by inserting “or minor”
Page 2, line 18, after “alien” by inserting “or an unauthorized minor”
Page 2, line 19, after “alien” by inserting “or an unauthorized minor”
Page 2, line 28, after “alien” by inserting “or unauthorized minor”
Page 3, line 1, after “aliens” by inserting “or unauthorized minors”
Page 3, line 4, after “alien” by inserting “or unauthorized minor”
Page 3, line 8, after “alien” by inserting “or unauthorized minor”
Page 3, line 14, after “aliens” by inserting “or unauthorized minors”
Page 3, line 15, after “alien” by inserting “or an unauthorized minor”
Page 3, line 27, after “alien” by inserting “or unauthorized minor”
Page 3, line 29, after “alien” by inserting “or unauthorized minor”
Page 4, line 11, after “aliens” by inserting “or unauthorized minors”
Page 4, line 25, after “alien” by inserting “or unauthorized minor”
Page 4, line 27, after “alien” by inserting “or unauthorized minor”
Page 5, line 15, by striking “In”
Page 5, by striking line 16 and inserting: “a. In determining whether an employee is an unauthorized alien, the”
Page 5, after line 24 by inserting: “b. An employer may present evidence that an employee is not an unauthorized minor, including evidence of compliance with applicable provisions of chapter 92 and the federal Fair Labor Standards Act.”
Page 5, line 25, by striking “For the purposes of this section,”
Page 5, by striking line 26 and inserting: “a. For the purposes of this section, an employer that establishes that it has complied in good”
Page 6, line 2, by striking “a.” and inserting “(1)”
Page 6, line 6, by striking “b.” and inserting “(2)”
Page 6, line 8, by striking “c.” and inserting “(3)”
Page 6, after line 10 by inserting: “b. For the purposes of this section, an employer that establishes that it has complied in good faith with the requirements of applicable provisions of chapter 92 and the federal Fair Labor Standards Act establishes a conclusive affirmative defense that the employer did not knowingly employ an unauthorized minor. An employer is considered to have complied with applicable provisions of chapter 92 and the federal Fair Labor Standards Act notwithstanding an isolated, sporadic, or accidental technical or procedural failure to meet the requirements, if there is a good-faith attempt to comply with the requirements. For purposes of this subsection, “good-faith attempt to comply” means all of the following apply with respect to an employee hired or rehired by the employer: (1) The employer made a bona fide attempt to meet the requirements for completion of the form I-9 for the employee found in 8 C.F.R. §274a.2(a)(3), as amended through January 1,
(2) The employer had in place a practice or procedure requiring an employee to produce government-issued documentation indicating the employee’s age prior to beginning work for the employer. (3) The employer followed the practice or procedure described in subparagraph (2) before an employee in question began work for the employer.”
Page 6, lines 30 and 31, by striking “E-verify program —— employer participation” and inserting “Employer compliance”
Page 6, line 35, after “program” by inserting “and by examining government-issued documentation indicating the employee’s age”
Page 7, line 12, after “program” by inserting “and shall implement a practice or procedure requiring an employee to produce government-issued documentation indicating the employee’s age prior to beginning work for the employer”
Page 7, by striking lines 14 and 15 and inserting “government entity that the employer is in compliance with this subsection. If the government”
Title page, line 1, after “aliens” by inserting “or unauthorized minors”
By renumbering, redesignating, and correcting internal references as necessary.

Official amendment (PDF) · In the Bill Book