Bill Text: HI HB1216 | 2010 | Regular Session | Introduced

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Bill Title: Unauthorized Aliens; Employment

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1216 Detail]

Download: Hawaii-2010-HB1216-Introduced.html

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Report Title:

Unauthorized Aliens; Employment

 

Description:

Creates a criminal offense of accepting false identification documents for employment purposes.  Creates a criminal offense of trafficking in personal identifying information for employment purposes.

 

HOUSE OF REPRESENTATIVES	H.B. NO.	1216
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO EMPLOYMENT.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature recognizes that while a majority of contractors and developers in our State conduct business in a legal, ethical, safe and conscientious manner, unfortunately, there are some in our community who flaunt local rules and hiring practices and violate our laws and island values.  These unscrupulous contractors engage in illegal hiring practices, fail to adhere to safety codes, and play fast and loose in other ways to increase their profits at the expense of Hawaii's skilled workers and consumers.  As a consequence they also gain an unfair competitive advantage over reputable, law‑abiding companies and are contributing to an underpaid, under-trained workforce.  Recent reports regarding the arrest and prosecution of unauthorized aliens working in the State of Hawaii in the agricultural and service industries indicate that the problem may be growing.

     The legislature finds that Hawaii needs to preserve fair labor practices and quality construction standards in Hawaii by holding those who engage in illegal hiring practices accountable.

     The purpose of this Act is to create the criminal offenses of:

     (1)  Accepting false identification documents for employment purposes; and

     (2)  Trafficking in personal identifying information for employment purposes.

     SECTION 2.  Chapter 707, Hawaii Revised Statutes, is amended by adding two new sections to part IV to be appropriately designated and to read as follows:

     "§707-    Accepting false identification documents for employment purposes.  (1)  An employer commits the offense of accepting false identification documents for employment purposes if, for the purpose of validating whether the person presenting the personal identifying information has the legal right or authorization under federal law to work in the United States, the employer accepts any personal identifying information from the person seeking to obtain or continue employment with the employer, with actual knowledge that the person submitting the personal identifying information is not the person identified by the information submitted.

     (2)  Accepting false identification documents for employment purposes is a class C felony.

     (3)  For purposes of this section:

     "Employer" means a person who engages the services of an employee, and includes any person acting on behalf of an employer, but shall not include the State or any political subdivision thereof, or any labor organization or anyone acting in behalf of the labor organization other than when it is acting as an employer in fact.  The term "employer" includes, but is not limited to, construction contractors and employers engaged in agriculture.

     "Employment" means any rendering of service for compensation.

     "Personal identifying information" means a drivers' license, state identification card, or social security card.

     §707-    Trafficking in personal identifying information for employment purposes.  (1)  A person commits the offense of trafficking in personal identifying information for employment purposes if that person knowingly sells, transfers, or transmits personal identifying information of another person, including a real or fictitious person, for the purpose of obtaining or continuing the employment of a third person.

     (2)  Trafficking in personal identifying information for employment purposes is a class C felony.

     (3)  For purposes of this section:

     "Employment" means any rendering of service for compensation.

     "Personal identifying information" means a drivers' license, state identification card, or social security card."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 4.  If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________