Relating to the employment of unauthorized aliens and providing penalties

This bill prohibits employers from knowingly employing unauthorized aliens. “Employer” is defined as the same as provided in Code chapter relating to unemployment insurance. §1324a(h)(3). The bill authorizes a county attorney, local law enforcement official, or member of the public to file a complaint of a violation with the department of workforce development. If the department determines, based on evidence included with the complaint or on evidence gathered by the department, that an employer has committed a violation, the bill requires the department 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 must 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 specified 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 secretary of state to maintain an online database of first-time offenders. In determining the immigration status of an alleged unauthorized alien employed by an employer, the bill requires the district court to consider the federal government’s determination of the immigration status of the employee. The federal government’s determination that the employee is an unauthorized alien creates a rebuttable presumption of the employee’s unauthorized status. The employer may present evidence that the employee is not an unauthorized alien. §1324a(b), relating to verification of authorization for employment, establishes a conclusive affirmative 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 as defined in the bill. The bill provides an employer with an affirmative defense of entrapment if certain elements are met. The bill requires an employer hiring or rehiring an employee to verify the employee’s employment eligibility through the federal e-verify program and certify to the department of workforce development that the employer has done so. 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, and establishes a time period for submission of certifications to the department. 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 secretary of state 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 secretary of state to make the list available on the secretary of state’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. The bill requires the department of workforce development to adopt rules to carry out the department’s duties under the bill, including but not limited to rules on certain specified subjects. The bill prohibits the department of workforce development from utilizing federal funds, or personnel or any other department resources for which federal funding is allocated, to carry out the department’s duties under the bill.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. Therefore, political subdivisions are required to comply with any state mandate included in the bill.