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Committee approves amended HB 12-91 setting civil penalties for employers who willfully hire unauthorized workers
Summary
The committee approved an amended version of House Bill 12-91 that bars employers from willfully hiring or continuing to employ unauthorized workers, allows the attorney general to investigate, and sets civil penalties aligned with federal penalties. Committee passed the amended bill and will advance it from committee.
The House Industry, Business and Labor Committee approved an amended version of House Bill 12-91 on Tuesday after committee review and discussion about language and enforcement.
The amended bill makes it unlawful for a private employer to willfully hire an unauthorized worker or continue to employ an individual after learning that the person is unauthorized. The measure authorizes an individual to file an alleged violation with the Attorney General, who may investigate and refer matters for prosecution. The bill establishes civil penalties tied to the number of offenses: up to $2,000 for a first offense, $5,000 for a second offense, and $10,000 for a third or subsequent offense'language the sponsor said aligns the state's penalties with comparable federal penalties.
Representative Koppelman introduced the amendment after consulting with the Attorney General's Office to conform language and correct drafting issues identified in earlier drafts. Committee members discussed the operative word "willfully," with some members saying it sets a high bar and limits exposure for employers who make good-faith compliance efforts; Representative Shower praised the "willfully" standard as a precise enforcement threshold. Others said practical enforcement challenges remain and raised concerns about false or forged documents presented by job applicants.
After discussion the committee adopted the sponsor's amendment and approved the bill for passage out of committee. Members who opposed final passage cited concerns about additional compliance burdens on small employers and the potential for accidental errors in personnel files to trigger enforcement; supporters said the measure fills a gap when federal enforcement is limited.
Clerk entries in the transcript show the committee adopted the amendment and the committee secretary recorded the final committee vote and reported the bill as passed out of committee; the transcript contains the committee's roll-call entries and an announcement of the committee result.
