SB70 HFA Schoen 3-2 #1
Delegate Schoen moves to amend the bill on page five, section five, after line thirty-four, by striking out all of section five and inserting in lieu thereof the following:
§21-1B-5. Penalties.
(a)(1) For the first violation of section three of this article, involving any number of unauthorized workers, a civil fine of not less than two hundred and seventy-five dollars and not more than two thousand two hundred dollars, shall be imposed upon any employer for each unauthorized worker.
(2) For the second violation of section three of this article, involving any number of unauthorized workers, a civil fine of not less than two thousand two hundred dollars and not more than five thousand and five hundred dollars, shall be imposed upon any employer for each unauthorized worker.
(3) For every violation after the second violation of section three of this article, involving any number of unauthorized workers, a civil fine of not less than three thousand dollars and not more than ten thousand dollars, shall be imposed upon any employer for each unauthorized worker.
(4) In addition to the civil fines provided by subdivisions (1),(2), and (3) of subsection (a) of this section, the Division of Labor or its appointed representative may impose a cease and desist order, or may compel the employer to register and participate in the United States Department of Homeland Security's "Employment Eligibility Verification Program" or a successor program designated by the United States Department of Homeland Security.
(b) Any employer, who establishes a "pattern or practice" of knowingly hiring unauthorized workers or fails to comply with any order issued under subdivision (4), subsection (a) of this section, is guilty of a misdemeanor and upon conviction thereof, the employer shall be fined not more than three thousand dollars for each unauthorized worker in addition to any civil penalties assessed, imprisoned for not more than six months for the entire "pattern or practice" or both.
(c) For any violation of section four of this article, involving any number of unauthorized workers, a civil fine of not less than one hundred and ten dollars and not more than one thousand one hundred dollars, shall be imposed upon any employer for each unauthorized worker.