August 24, 2010, Introduced by Reps. Valentine, Liss, Constan, Kennedy, Huckleberry, Geiss, Womack, Slavens, Donigan, Ebli, Miller, Segal, Robert Jones, Kandrevas, Neumann, Roy Schmidt, Hammel, Terry Brown, Polidori, Mayes, Slezak, Roberts, Lisa Brown, Meadows, Espinoza and Haase and referred to the Committee on Judiciary.
A bill to provide for certain license sanctions against the
holders of certain licenses; to provide certain powers and duties
for certain state agencies; to provide for sanctions against
employers for actions regarding the employment of undocumented
workers; and to provide remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"Michigan job protection act".
Sec. 3. As used in this act:
(a) "Employer" means an individual, partnership, for-profit or
nonprofit corporation, association, or other legal entity that
employs 1 or more individuals. Employer does not include a
governmental agency.
(b) "License" means a certificate, registration,
accreditation, permit, or license issued by a state regulatory
agency allowing a person to engage in a certain occupation or use a
certain title while engaging in an occupation.
(c) "State regulatory agency" means a department, bureau, or
agency of this state that has regulatory authority over the
issuance of a license. State regulatory agency includes a local
unit of government enforcing state law.
(d) "Undocumented worker" means, with respect to the
employment of a worker at a particular time, that the worker 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. 5. (1) Except as otherwise provided by law, a state
regulatory agency shall revoke or suspend the license of an
employer that is determined by the state regulatory agency of
knowingly having done, or of knowingly doing, either or both of the
following:
(a) Employing an undocumented worker.
(b) Encouraging or inducing an undocumented worker to enter
the state for purposes of employing that undocumented worker.
(2) Subsection (1) does not prohibit the hiring or utilization
by an employer of a worker that is authorized to be employed in the
United States under federal law.
(3) In lieu of a mandatory suspension or revocation for a
first violation of subsection (1), the state regulatory agency may
order limitations upon the license that would require the licensee,
for a period of up to 3 years, to report to the state regulatory
agency any new employee and to require the licensee to provide a
copy of the I-9 or other appropriate form filed on behalf of the
employee.
(4) A state regulatory agency shall not issue an order of
license revocation or suspension or a limitation upon the license
unless it provides the license holder an opportunity for an
administrative hearing under the administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328, or other hearing as
specifically provided by law. At an administrative hearing under
this subsection, a state regulatory agency shall recognize an order
of conviction issued by a court of competent jurisdiction and shall
accept the finding and conclusions reached by that court.
Sec. 7. An employer shall not knowingly do either or both of
the following:
(a) Employ an undocumented worker.
(b) Encourage or induce an undocumented worker to enter the
state for the purpose of employing that undocumented worker.