July 23, 2008, Introduced by Rep. Angerer and referred to the Committee on Oversight and Investigations.
A bill to prohibit knowing employment of illegal aliens; to
provide procedures for verifying employee eligibility; to provide
for certain powers and duties for certain state agencies; and to
provide for administrative fines.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"employment eligibility verification act".
Sec. 2. As used in this act:
(a) "Department" means the department of labor and economic
growth.
(b) "Employ" means to permit an individual to perform labor or
services for remuneration.
(c) "Employer" means an individual, partnership, for-profit or
nonprofit corporation, association, or other legal entity that
employs 1 or more individuals.
(d) "Employment eligibility verification information" means
the documentation that is required by the United States department
of homeland security when completing the employment eligibility
verification form commonly referred to as the federal "Form I-9".
(e) "Unauthorized alien" means with respect to the employment
of an alien at a particular time, that the alien is not at that
time either of the following:
(i) An alien lawfully admitted for permanent residence in the
United States.
(ii) An alien authorized to be employed in the United States
under federal law.
Sec. 3. (1) An employer shall not recruit, hire, or refer an
individual for employment to be performed in this state if the
employer has actual or constructive knowledge that the individual
is an unauthorized alien.
(2) If an employer has not received information indicating
that the documentation or status is false or no longer valid, an
employer does not violate subsection (1) as to an individual if the
employer has done any of the following in a good faith effort to
comply with this act:
(a) Requested from the individual, received, and documented in
the employment record, before the individual begins work,
employment eligibility verification information.
(b) Verified the legal immigrant status of the individual,
before the individual begins to work, using the federal electronic
work authorization verification service provided by the United
States department of homeland security pursuant to the federal
basic pilot program extension and expansion act of 2003, Public Law
108-156.
Sec. 4. An employer who violates section 3 is responsible for
an administrative fine of $1,000.00 for each individual employed in
violation of this act. An employer who violates section 3 a second
or subsequent time is responsible for an administrative fine of at
least $2,000.00, but not more than $5,000.00, for each individual
employed in violation of this act.
Sec. 5. The department shall impose an administrative fine as
provided in this act after notice and an opportunity for a hearing.
A person aggrieved by an administrative fine issued under this act
may request a hearing pursuant to the administrative procedures act
of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Sec. 6. An administrative fine imposed under this act shall be
deposited in the general fund and is in addition to any other
criminal or civil sanction or remedy available under any other law.