July 23, 2008, Introduced by Rep. Byrum and referred to the Committee on Oversight and Investigations.
A bill to provide for certain license sanctions against the
holders of certain licenses; to provide certain powers and duties
for certain state agencies and for the judiciary; to provide for
criminal actions; to provide for penalties and sanctions against
employers for actions regarding the employment of unauthorized
aliens; 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
"unauthorized alien employment prohibition 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. For purposes of a violation
punishable by imprisonment for a violation of this act, employer
includes an individual who owns or exerts a controlling interest in
the business.
(b) "License" means a certificate, registration,
accreditation, permit, or license issued by a state regulatory
agency allowing a person to engage in certain activity or use a
certain title.
(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) "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. 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 unauthorized alien.
(b) Encouraging or inducing an unauthorized alien to enter the
state for purposes of employing that unauthorized alien.
(2) 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 employees and to require the licensee to provide a
copy of the I-9 or other appropriate form filed on behalf of the
employee.
(3) For a second or subsequent violation of subsection (1) and
except as otherwise provided by law, the state regulatory agency
shall include, in the basis for a decision on revocation or
suspension, the following factors:
(a) The percentage of the employer's workforce determined to
be unauthorized aliens.
(b) The degree of danger associated with the work the
unauthorized aliens were hired to perform.
(c) The degree of mistreatment of the unauthorized alien by
the employer.
(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, a state
regulatory agency shall recognize the order of conviction issued by
a court of competent jurisdiction and shall accept the finding and
conclusions reached by that court.
Sec. 7. (1) An employer shall not knowingly do either or both
of the following:
(a) Employ an unauthorized alien.
(b) Encourage or induce an unauthorized alien to enter the
state for the purpose of employing that unauthorized alien.
(2) An employer that violates subsection (1) is guilty of a
misdemeanor punishable by a fine of not more than $50,000.00 for a
first violation.
(3) A second violation of subsection (1) is a felony
punishable by imprisonment for not more than 5 years or a fine of
not more than $100,000.00, or both.
(4) A third or subsequent violation of subsection (1) is a
felony punishable by imprisonment for not more than 5 years or a
fine of not more than $250,000.00, or both.
(5) Upon entering a conviction under subsection (1), a court
shall inquire as to whether the person convicted holds a license.
If the person convicted holds a license, the court shall notify the
appropriate state regulatory agency of the conviction. The
notification may be by mail or facsimile transmission, electronic
mail, or other electronic means.