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.

New Law: Employer Sanctions Clarification

HB 2745 Now found in ASRS Chapter 152

Effective after September 30, 2008

Governmental entities are required to check legal status of license applicants, ensure contractors verify their employees' status and only grant economic incentives to employers registered with and participation in the e-verify program. The applicants and employers have the onus of proof in these situations.