Friday, July 25, 2008

New Law: More Changes to the Employer Sanctions Law

House Bill 2745, which retro-actively takes effect on May 1, 2008 makes numerous additional changes to the employer sanctions bill.


Some of the details include identity theft provisions:
  • expands the definitions of "identity theft" to include theft for the purposes of obtaining or continuing employment
  • adds the offense of "knowingly accepting the identity of another person," a class 4 felony which applies to employers who knowingly accept false employment documents

Some details related to the complaint process include:

  • Requires the Attorney General (AG) to create a form to be used by persons wishing to file a complaint against a company for hiring an unauthorized alien, and specifies that the complaint form may not be required to include a complainant's social security number or a notary's authorization. If a complaint is submitted on this form, the county attorney must investigate the complaint; if a complaint is presented to a county attorney, but not submitted on the prescribed form, the county attorney may investigate the complaint.
  • Notes that anoymous complaints not submitted on the prescribed form are not prohibited by the act.
  • Prohibits a county attorney from investigating a complaint based solely on race, color, or national origin.
  • Permits a county sheriff or other local law enforcement agency to assist in investigation a complaint.

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