06RS HB89


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Includes opposite chamber sponsors where requested by primary sponsors of substantially similar bills in both chambers and jointly approved by the Committee on Committees of both chambers. Opposite chamber sponsors are represented in italics.

HB 89/LM (BR 471) - B. Montell

     AN ACT relating to hiring persons who are not United States citizens.
     Create new section of KRS Chapter 336 to create definitions; require the department of labor to promulgate administrative regulations to create a form consistent with Form I-9 including documentation requirements published by the Department of Homeland Security to be used by Kentucky employers and to establish procedures for written complaints relating to violations of the requirements of this Act; require employers to verify the identity and employment eligibility of an employee by filling out the form within 3 business days of the first day of employment; prohibit an employee who cannot provide documentation within 3 business days to continue in employment; permit an employee who is unable to present the required documents within 3 business days because the documents were lost, stolen, or destroyed to present the receipt for the application of the replacement documents within 3 business days and the actual documents within 90 days; require employers to retain and make available for inspection, forms and documentation for 3 years after the date of hire or 1 year after the date employment ends which ever is later; authorize the department to review the form and documentation and to refer violations for investigation and prosecution to the Attorney General; establish civil and criminal penalties; require employers who hire without the required form and documentation to be responsible for payment of medically necessary treatment for a medically indigent employee and the employee's household if the medical condition arose during the course of employment; exempt employers from liability or prosecution who in good faith rely on documentation establishing employment authorization where the document appears to be authentic on its face; create a new section of KRS 15 to require the Attorney General to give notice to the employer, to issue a cease and desist order, and to investigate and prosecute cases referred by the department.

     (Prefiled by the sponsor(s).)

     Dec 7-To: Interim Joint Committee on Labor and Industry
     Jan 3-introduced in House; to Labor and Industry (H)

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