Thursday, February 18, 2010

Dairy News from the MPI



More Immigration Legislation at the Statehouse

Boise--The House State Affairs committee printed a bill Rep. Hart and Rep. Labrador dealing with the employment of illegal aliens. This is the third immigration bill to be introduced this session. The other two bills will be heard on the Senate side.

Bill Summary:
1.Allows for having state, county or city licenses suspended for knowingly employing illegal aliens.
o Professional licenses are excluded
o Persons performing casual domestic labor in or around one’s personal abode are excluded from the definition of an employee

2.Penalties:
o 1st offense license suspended until the employer signs an affidavit stating that the employer will not hire an unauthorized alien in the future. If the employer files the affidavit with the court within 3 days of the ruling – no suspension will happen.
o 2nd offense in a three year period the license will be suspended for up to ten days.
o 3rd offense in a three year period the license will be suspended for up to one year.
o If no additional violations within the three year period the probation goes away and the employer returns to the start.

3.Makes it a misdemeanor for a person to falsely impersonate another in order to seek employment.

4.Employer Defense:
o Use of e-verify creates an absolute defense (use is still voluntary)
o Good faith use of I-9 creates an affirmative defense

5.Enforced by the Attorney General and local prosecutor.

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