Bill Summary for H 36 (2011-2012)

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Summary date: 

Jun 6 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 36 (Public) Filed Thursday, February 3, 2011
Intro. by H. Warren, Cleveland.

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Bill summary

House committee substitute, reported in on 6/3/11, makes the following changes to 2nd edition.
Amends proposed GS 64-11(d), which sets the penalty for knowingly submitting false certification to a public entity, to make it a Class 1 misdemeanor (was, Class I felony) for contractors to knowingly submit false certification. Makes a conforming change to proposed GS 64-12(c), which sets the penalty for subcontractors. Requires the subcontractor to certify two specified issues to the contractor before commencing performance under a subcontract (was, required certification within seven days of first furnishing construction or repair work, or other products). Makes other clarifying changes.
Enacts new Article 3, Verification of Work Authorization, to GS Chapter 64, requiring each employer in the state to register and participate in E-Verify to verify the work authorization of new employees. Includes definitions for terms applicable in the new Article. Directs each employer to retain the work authorization record while the employee is employed and for one year thereafter. Exempts entities that employ seasonal temporary employees for 90 or fewer days during a 12-consecutive-month period. Directs the Attorney General to prepare a complaint form, which must state that completed forms be sent to the Attorney General or the district attorney. States that the complainant is not required to list his or her Social Security number or have the form notarized. Authorizes any person with a good faith belief that an employer is violating the E-Verify requirement to file a complaint, as detailed. Makes a person who knowingly files a false and frivolous complaint guilty of a Class 1 misdemeanor. Sets out the procedure for the Attorney General or district attorney to follow to investigate complaints, including the issuance of subpoenas. Lists four actions for the Attorney General or district attorney to take after determining that a complaint is not false and frivolous. Directs the court to order an employer to file an affidavit stating that the employer requested authorization through E-Verify; requires the employer to pay a civil penalty of $10,000 upon failure to timely file an affidavit. Sets out the penalties for second and subsequent violations. Requires the Attorney General to maintain copies of specified court orders and maintain a database of the employers and business locations with violations on the Attorney General's website. Directs the Attorney General or district attorney, when investigating a complaint, to verify the work authorization of the alleged unauthorized alien with the federal government. Directs a court to consider only the federal government's determination when considering whether an employee is unauthorized. Specifies that proof that an employer's work authorization was verified through E-Verify creates a rebuttable presumption that an employer did not violate the E-Verify requirement. Provides that an employer establishing compliance in good faith with specified federal law establishes an affirmative defense. Prohibits proposed Article 3 from being construed to require an employer to take action that the employer believes in good faith would violate federal or state law.
Amends GS 126-7.1(f), requiring each state agency, department, institution, university, community college, and local education agency to register and participate in E-Verify to verify the work authorization of new employees (currently, must verify in accordance with the Basic Pilot Program administered by the U.S. Department of Homeland Security).
Makes other clarifying changes and makes a conforming change to the bill title. Clarifies that the act becomes effective according to the following schedule, and applies to all bids submitted and all contracts entered into on or after that date: (1) January 1, 2012, for contractors, subcontractors, and employers that employ 500 or more employees in the state as of that date; (2) July 1, 2012, for contractors, subcontractors, and employers that employ between 100 and 500 employees; and (3) January 1, 2013, for contractors, subcontractors, and employers that employ between 25 and 100 employees.