HB 297 - Prohibits the Employment of Undocumented Immigrants - Montana Key Vote

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Title: Prohibits the Employment of Undocumented Immigrants

Vote Smart's Synopsis:

Vote to adopt a conference report that prohibits the employment of undocumented immigrants.

Highlights:

  • Requires an employer to verify the employment eligibility of a prospective employee through the employment authorization program or by the documentation of lawful resident verification information from the prospective employee (Sec. 2).
  • Prohibits an employer from knowingly employing an undocumented immigrant (Sec. 3).
  • Exempts employers from verifying the employment of an individual hired prior to the effective date of this act (Sec. 2). 
  • Requires an employer to complete the following actions if the Department of Justice has found the employer violated the provisions of this bill (Sec. 4):
    • The employer must terminate the employment of the unauthorized individual; and
    • The employer must file a signed affidavit with the Department within 10 days of the issued order attesting that the employer has corrected the violation. 
  • Requires the Department to suspend the license of an employer who violates the provisions of this bill if the employer fails to submit the required affidavit within 10 business days after the order has been issued (Sec. 4).
  • Requires the Department to suspend the license of an employer for multiple violations over a 2 years period as follows (Sec. 4):
    • 1 day license suspension for a second offense;
    • 3 day license suspension for a third offense; or 
    • 10 day license suspension for a third or subsequent offense. 
  • Classifies the act of knowingly filing a false or frivolous complaint against an employer allegedly employing unauthorized immigrants as a misdemeanor (Sec. 3).

See How Your Politicians Voted

Title: Prohibits the Employment of Undocumented Immigrants

Vote Smart's Synopsis:

Vote to adopt a conference report that prohibits the employment of undocumented immigrants.

Highlights:

  • Requires an employer to verify the employment eligibility of a prospective employee through the employment authorization program or by the documentation of lawful resident verification information from the prospective employee (Sec. 2).
  • Prohibits an employer from knowingly employing an undocumented immigrant (Sec. 3).
  • Exempts employers from verifying the employment of an individual hired prior to the effective date of this act (Sec. 2). 
  • Requires an employer to complete the following actions if the Department of Justice has found the employer violated the provisions of this bill (Sec. 4):
    • The employer must terminate the employment of the unauthorized individual; and
    • The employer must file a signed affidavit with the Department within 10 days of the issued order attesting that the employer has corrected the violation. 
  • Requires the Department to suspend the license of an employer who violates the provisions of this bill if the employer fails to submit the required affidavit within 10 business days after the order has been issued (Sec. 4).
  • Requires the Department to suspend the license of an employer for multiple violations over a 2 years period as follows (Sec. 4):
    • 1 day license suspension for a second offense;
    • 3 day license suspension for a third offense; or 
    • 10 day license suspension for a third or subsequent offense. 
  • Classifies the act of knowingly filing a false or frivolous complaint against an employer allegedly employing unauthorized immigrants as a misdemeanor (Sec. 3).

Title: Prohibits the Employment of Undocumented Immigrants

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