Text: HF2670 Text: HF2672 Complete Bill History
House File 2671
PAG LIN 1 1 Section 1. Section 16.181, Code 2005, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 3A. Funds allocated from the housing 1 4 trust fund shall not be used for the provision of rental 1 5 housing for persons who are not lawfully present in the United 1 6 States. This subsection does not apply to funds allocated to 1 7 homeless shelters. 1 8 Sec. 2. NEW SECTION. 91F.1 DEFINITIONS. 1 9 As used in this chapter: 1 10 1. "Commissioner" means the labor commissioner. 1 11 2. "Employee" means a natural person who is employed in 1 12 this state for wages paid on an hourly basis by an employer. 1 13 3. "Employer" means a person, as defined in section 4.1, 1 14 who in this state employs for wages, paid on an hourly basis, 1 15 one or more natural persons. An employer does not include a 1 16 client, patient, customer, or other person who obtains 1 17 professional services from a licensed person who provides the 1 18 services on a fee service basis or as an independent 1 19 contractor, or the state, or an agency or governmental 1 20 subdivision of the state. 1 21 4. "Unauthorized alien" means a person who is not lawfully 1 22 present in the United States. 1 23 Sec. 3. NEW SECTION. 91F.2 UNAUTHORIZED ALIENS == 1 24 EMPLOYER PROHIBITION. 1 25 An employer shall not knowingly employ as an employee an 1 26 unauthorized alien. For purposes of this section, "knowingly 1 27 employ as an employee an unauthorized alien" means an employer 1 28 has actual knowledge that a person is an unauthorized alien 1 29 and employs the person as an employee. An employer who 1 30 obtains a verification of employment eligibility form required 1 31 by the federal Immigration Reform and Control Act of 1986, 8 1 32 U.S.C. } 1324a, shall not be considered in violation of this 1 33 chapter. 1 34 Sec. 4. NEW SECTION. 91F.3 PENALTIES. 1 35 1. An employer who violates section 91F.2 is subject to a 2 1 civil penalty of up to one thousand dollars. 2 2 2. A corporate officer of an employer who, by knowingly 2 3 directing the repeated violation of section 91F.2, 2 4 demonstrates a pattern of employing unauthorized aliens 2 5 commits a serious misdemeanor. 2 6 3. An employer who, through repeated violation of section 2 7 91F.2, demonstrates a pattern of employing unauthorized aliens 2 8 may be ordered to pay punitive damages. 2 9 Sec. 5. NEW SECTION. 91F.4 DUTIES AND AUTHORITY OF THE 2 10 COMMISSIONER == ENFORCEMENT BY ATTORNEY GENERAL. 2 11 1. The commissioner shall adopt rules to implement and 2 12 enforce this chapter. 2 13 2. In order to carry out the purposes of this chapter, the 2 14 commissioner or the commissioner's representative, upon 2 15 presenting appropriate credentials to an employer's owner, 2 16 operator, or agent in charge, may: 2 17 a. Inspect employment records relating to the employees of 2 18 the employer. 2 19 b. Interview an employer, owner, operator, agent, or 2 20 employee, during working hours or at other reasonable times. 2 21 3. If the commissioner has reason to believe than an 2 22 employer may be in violation of this chapter, the commissioner 2 23 shall notify the attorney general, and provide the attorney 2 24 general with any supporting information, for prosecution of 2 25 the violation by the attorney general. 2 26 Sec. 6. NEW SECTION. 91F.5 PROHIBITIONS RELATING TO 2 27 CERTAIN ACTIONS BY EMPLOYEES == PENALTY == CIVIL REMEDY. 2 28 1. An employer shall not discharge an employee or take or 2 29 fail to take action regarding an employee's appointment or 2 30 proposed appointment or promotion or proposed promotion, or 2 31 regarding any advantage of an employee as a reprisal for a 2 32 failure by that employee to inform the employer that the 2 33 employee made a disclosure of information to any law 2 34 enforcement agency if the employee reasonably believes the 2 35 information evidences a violation of section 91F.2. 3 1 2. Subsection 1 does not apply if the disclosure of the 3 2 information is prohibited by statute. 3 3 3. An employer who violates subsection 1 commits a simple 3 4 misdemeanor. 3 5 4. Subsection 1 may be enforced through a civil action. 3 6 a. An employer who violates subsection 1 is liable to an 3 7 aggrieved employee for affirmative relief, including 3 8 reinstatement, with or without back pay, or any other 3 9 equitable relief the court deems appropriate, including 3 10 attorney fees and costs. 3 11 b. If an employer commits, is committing, or proposes to 3 12 commit an act in violation of subsection 1, an injunction may 3 13 be granted through an action in district court to prohibit the 3 14 person from continuing such acts. The action for injunctive 3 15 relief may be brought by an aggrieved employee or the attorney 3 16 general. 3 17 5. An employer shall not discharge an employee or take or 3 18 fail to take action regarding an employee's appointment or 3 19 proposed appointment or promotion or proposed promotion, or 3 20 regarding any advantage of an employee, or make a report 3 21 regarding the status of the employee as an unauthorized alien 3 22 to any federal department or agency as a reprisal against an 3 23 employee that made a report to a law enforcement agency that 3 24 the employee has been a victim of sexual abuse or sexual 3 25 harassment by another employee of the employer. A law 3 26 enforcement agency that accepts a report of sexual abuse or 3 27 sexual harassment as described in this subsection shall not 3 28 make a report regarding the status of the victim as an 3 29 unauthorized alien to any federal department or agency. 3 30 Sec. 7. NEW SECTION. 535B.11A MORTGAGES TO PERSONS 3 31 UNLAWFULLY PRESENT. 3 32 A licensee or other mortgagee shall not knowingly originate 3 33 a first mortgage loan for residential real estate located in 3 34 this state on or after July 1, 2007, that is intended to be 3 35 used as a primary residence in this state of a person who is 4 1 not lawfully present in the United States. The enforcement 4 2 provisions of section 535B.13 shall not apply to a violation 4 3 under this section. The attorney general may file an action 4 4 for injunctive relief against a licensee or other mortgagee 4 5 who violates this section. A licensee or other mortgagee who 4 6 complies with the customer identification program requirements 4 7 under 31 U.S.C. } 5318(l) shall not be considered in violation 4 8 of this section. 4 9 If a person who has agreed to buy residential real property 4 10 is denied a first mortgage loan pursuant to this section and 4 11 cannot otherwise comply with the terms of the agreement, the 4 12 seller of the property shall be entitled to any earnest money 4 13 or other trust funds held by a real estate broker pursuant to 4 14 section 543B.46 paid by the person or on behalf of the person 4 15 pursuant to the agreement. 4 16 HF 2671 4 17 kk:rj/es/25
Text: HF2670 Text: HF2672 Complete Bill History