Bill to Add "Teeth" to the Employer Sanctions Law

DRAFT COMPREHENSIVE BILL – EMPLOYMENT OF UNAUTHORIZED ALIENS

SUMMARY OF MAJOR PROVISIONS:

1. Criminal penalties added for document fraud in employment verification. Penalizes the giving, accepting or trafficking in fraudulent documents for employment verification (“I-9”) purposes to obtain or continue employment.

2. Treatment of “independent contractors” made consistent with federal law. Clarifies the treatment of independent contractors so it is the independent contractor (and not the person using the contract labor) who is liable unless the person using the contract labor knows the independent contractor employees are unauthorized aliens.

3. Definition of “employee” clarified. Clarifies the definition of “employee” to conform more closely to federal law by deleting the ambiguous phrase “employment relationship” and replacing it with “a person who provides services or labor for an employer in this state for wages or other remuneration.”

4. Mandatory investigation limited to written complaints only, but annoymous complaints are acceptable. Limits the requirement for mandatory investigations to those filed on a written complaint form prescribed by the Attorney General. The uniform complaint form cannot require notarization or the complainant’s social security number. Verbal complaints (including anonymous complaints) may, be investigated. The county sheriff or local law enforcement has authority to investigate complaints and assist the County Attorney's in each county. Also they have the 250 officers and resources of GIITEM to assist them if they request.

5. Anti-discrimination clause added. Prohibits the Attorney General or county attorney from investigating complaints based solely on race, color or national origin. (actually already clear in law)

6. Licensing sanctions more location-specific. Clarifies that the licensing sanction provisions apply to licenses held by the employer “specific to the business location where the unauthorized alien performed work.” In addition, the first and second violation provisions are clarified to ensure they are even more location-specific.

7. Drafting error corrected. Corrects the mistaken federal statutory reference in the I-9 affirmative defense section from 8 U.S.C. § 1324b to 8 U.S.C. § 1324a(b).

8. Affirmative defense for innocent mistakes in the I-9 process added for employers. Clarifies that an employer does not lose his affirmative defense if the employer has an “isolated, sporadic or accidental technical or procedural failure” to comply with the federal I-9 employment verification procedures, if made in a good faith attempt to comply with those requirements, that is to take care of honest mistakes as if forgetting to check a box.

9. Treble civil penalties added for employers who pay employees cash “under the table” illegally. Adds treble civil penalties for employers of two or more employees who pay hourly wages or salary by cash without complying with applicable income tax, employer recordkeeping, workers’ compensation and unemployment tax laws.

10. Government agencies prohibited from issuing or renewing licenses to applicants who are unauthorized aliens. Requires State, county and local agencies to verify that an applicant is lawfully present in the United States prior to issuing or renewing a license.

11. Other technical and minor changes made, including changing the title of the “Basic Pilot Program” to “E-Verify” to reflect the recent federal name change.