Bill Summary for H 36 (2011-2012)
|View NCGA Bill Details||2011-2012 Session|
PROHIBITING STATE AND LOCAL GOVERNMENT CONTRACTS WITH CONTRACTORS WHO EMPLOY ILLEGAL IMMIGRANTS AND REQUIRING CONTRACTORS TO VERIFY AND CERTIFY THEIR EMPLOYEES' LEGAL STATUS OR AUTHORIZATION TO WORK IN THE UNITED STATES.Intro. by H. Warren, Cleveland.
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Conference report recommends the following changes to the 6th edition to reconcile matters in controversy. Deletes proposed Article 2, Verification of Work Authorization by Entities that Contract with Government Agencies, and replaces it with a new proposed Article 2 to GS Chapter 64, Verification of Work Authorization. Requires employers, after hiring an employee to work in the United States, to verify the work authorization of the employee through E-Verify. Also requires the employer to retain the work authorization verification while the employee is employed and for one year thereafter. Exempts seasonal temporary employees employed for 90 or fewer days during a 12 consecutive month period from the requirement. Directs the Commissioner of Labor to prepare a complaint form, which must state that completed forms be sent to the Commissioner. 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 2 misdemeanor. Sets out the procedure for the Commissioner to follow to investigate complaints, including the issuance of subpoenas. Lists actions for the Commissioner to take after determining that a complaint is not false and frivolous. Directs the Commissioner to order an employer to file an affidavit within three business days 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 Commissioner to maintain copies of specified orders and maintain a database of the employers and business locations with violations on the Commissioner’s website. Directs the Commissioner, when investigating a complaint, to verify the work authorization of the alleged unauthorized alien with the federal government. Provides for an appeal of the Commissioner’s determination pursuant to the Administrative Procedure Act. Authorizes the Commissioner to adopt rules as necessary. Prohibits proposed Article 2 from being construed to require an employer to take action that the employer believes in good faith would violate federal or state law. Makes conforming changes to the bill title.
Deletes amendments to GS 153A-449, 160A-20.1, and 143-129.
Changes the effective date to make proposed GS 153A-99.1 and 160A-169.1 (county and city verification) effective October 1, 2011. The remainder of the act is effective as follows: (1) October 1, 2012, for employers with 500 or more employees; (2) January 1, 2013, for employers with between 100 and 500 employees; and (3) July 1, 2013, for employers with between 25 and 100 employees.