HSB 635

The bill prohibits the attorney general or county attorney from investigating complaints that are based solely on race, color, or national origin. The bill allows a county sheriff or other local law enforcement to assist in an investigation and requires such assistance upon request by the attorney general or county attorney. _____ more than days or a fine of at least $105 but not more than $855 or by both. The bill requires the attorney general or county attorney to notify United States immigration and customs enforcement, the local law enforcement agency, and, if the attorney general is the one investigating, the county attorney of a complaint that is not false and not frivolous. The bill requires the county attorney to bring an action in district court against an employer for a violation in the county where the unauthorized alien employee is or was employed by the employer. The bill provides that such an action must be expedited by the court. The bill provides that for a first violation, the court must order the employer to terminate the employment of all unauthorized aliens and to submit a signed sworn affidavit to that effect or face suspension of business licenses by appropriate agencies. The court will also order a three-year probationary period for the employer. The court may also order the suspension of the employer’s business licenses by appropriate agencies for up to business days, after considering certain factors. The bill provides that for a second violation, defined as a violation occurring during a probationary period for a previous violation, the court must order the permanent revocation of the employer’s business licenses. The bill directs the attorney general to maintain an online database of first-time offenders. The bill provides that the district court can only consider a determination by the federal government in determining the immigration status of an alleged unauthorized alien employed by an employer. The bill provides that a determination of lawful status by the federal government will create a rebuttable presumption of the employee’s lawful status, as well as a rebuttable presumption that an employer did not knowingly employ an unauthorized alien. _____ defense that the employer did not knowingly employ an unauthorized alien. §1324a(b), 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. The bill provides an employer with an affirmative defense of entrapment if certain elements are met. The bill requires an employer hiring a new employee to verify the employee’s employment eligibility through the federal e-verify program. The bill requires the employer to keep records of the verification for the duration of the employee’s employment or three years, whichever is longer. The bill requires an employer receiving an economic development incentive from a state government entity to register with the federal e-verify program. The bill provides that an employer who does not comply with the requirement must repay all moneys received for the economic development incentive. The bill provides an employer the right to appeal a determination of noncompliance, and does not require repayment until a final determination of noncompliance is made. The bill directs the attorney general to request from the United States department of homeland security a list of employers registered with the e-verify program every three months. The bill directs the attorney general to make the list available on the attorney general’s internet site. The bill provides that the bill shall not be construed to require an employer to take any action that the employer believes in good faith would violate federal or state law.3.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. _____ mandate included in the bill.