Bill Summaries: H%2036 EMPLOYERS & LOCAL GOV'T MUST USE E-VERIFY (NEW).

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  • Summary date: Jun 17 2011 - View Summary

    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.


  • Summary date: Jun 14 2011 - View Summary

    Senate committee substitute makes the following changes to 4th edition. Amends proposed GS 64-10 to (1) specify that the definition of contractor is a person or entity that employs at least 25 full-time employees and contracts with a public entity for construction or repair work and (2) specify that the definition of subcontractor also is limited to any person or entity that employs at least 25 full-time employees and otherwise meets the stated criteria.
    Amends proposed GS 64-11 to (1) require a contractor to produce a certification to the public entity that meets the statutory criteria within ten business days of entering into any contract subject to the requirement; (2) specify that the certification must provide that any subcontractor with which the contractor enters into a subcontract concerning the contract between the contractor and the public entity is in compliance with, or will be in compliance with, GS 64-12; (3) specify that the certification must state that the contractor has not been convicted of knowingly submitting a false certification within one year prior to making the certification; (4) specify that the failure of a contractor to meet the certification requirements renders the contract voidable at the option of the public entity; and (5) make a technical change. Makes clarifying changes.
    Amends proposed GS 64-12 to (1) specify that the certification requirement must be met within ten business days of commencing performance under a subcontract, (2) specify that the certification must state that the subcontractor has not been convicted of knowingly submitting false certification within one year prior to making the certification, and (3) make a technical change.
    Adds new GS 64-13 to direct the Department of Administration to develop a standard form on which the certifications must be made by all contractors and subcontractors subject to the statutory requirement.
    Deletes proposed Article 3 (Verification of Work Authorization).
    Deletes amendments to GS 126-7.1(f).
    Makes clarifying changes to GS 153A-449, GS 160A-20.1, and GS 143-129.
    Amends proposed GS 153A-99.1 to specify that each county must register and participate in E-Verify only to verify work authorization for new employees hired to work in the United States.
    Changes effective date of entire act to January 1, 2012. The act applies to bids submitted and contracts entered into on or after that date (previous edition listed different effective dates, based on the number of employees).
    Makes conforming changes to title.


  • Summary date: Jun 14 2011 - View Summary

    Senate amendment makes the following changes to 5th edition. Makes clarifying changes to proposed GS 64-11(c).
    Amends proposed new GS 64-11(e) to specify that the failure of a contractor to provide the required certification or making a payment in violation of GS 64-12(d) renders the contract voidable at the option of the public entity.
    Amends proposed GS 64-12(d) to specify that a subcontractor has no right to be paid under a contract covered by Article 2 of GS Chapter 64 of the General Statutes until the subcontractor provides the required certifications. Also specifies that a contractor will not pay a subcontractor covered by the Article until the subcontractor provides the required certification.


  • Summary date: Jun 8 2011 - View Summary

    House amendments make the following changes to 3rd edition. Amendment #1 clarifies that the requirement to register and participate in E-Verify to verify the work authorization of new employees does not apply to an entity that employs solely seasonal employees, as detailed.
    Amendment #2 directs the district attorney to forward any complaint that an employer is violating the act to the Attorney General. Directs the Attorney General to bring action, as detailed, for violations of the act (previously directed Attorney General or district attorneys to bring action). Makes conforming changes.


  • Summary date: Jun 6 2011 - View 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.


  • Summary date: May 19 2011 - View Summary

    House committee substitute makes the following changes to 1st edition.
    Deletes all provisions of 1st edition and replaces with AN ACT TO REQUIRE COUNTIES, MUNICIPALITIES, ENTITIES WHO CONTRACT WITH A GOVERNMENT AGENCY IN THIS STATE, AND THEIR SUBCONTRACTORS TO USE THE FEDERAL E-VERIFY PROGRAM TO VERIFY THE WORK AUTHORIZATION OF NEWLY HIRED EMPLOYEES. Enacts new Article 1, Various Provisions Related to Aliens, to GS Chapter 64. Recodifies GS 64-1 through GS 64-5 as Article 1 of GS Chapter 64, as created by this act. Enacts new Article 2, Verification of Work Authorization by Entities that Contract with Government Agencies, to GS Chapter 64. New GS 64-11 prohibits a public entity from entering into a contract for construction or repair work, for the purchase of supplies or equipment, or for the purchase of any other services or products unless the contractor participates in E-Verify to verify the work authorization of new employees. Requires the contractor to certify three specified issues to the public entity at the time the contract is entered into. Requires the contractor to submit certain certifications to the public entity on a monthly basis, after completion of the contract. Makes it a Class I felony to knowingly submit a false certification to a public entity under the statute; however, a contractor is not guilty for submitting a subcontractor’s false certification, or for failing to verify a subcontractor’s certification. New GS 64-12 requires a subcontractor to participate in E-Verify, and to certify to a contractor two specified issues within seven days of first furnishing certain construction or repair work. Makes it a Class I felony for a subcontractor to knowingly submit a false certification. Specifies that the failure to provide required certification precludes the subcontractor from maintaining a civil action for amounts owed under or in connection with the subcontract. Defines terms applicable to new Article 2.
    Enacts new GS 153A-449(b) and GS 160A-20.1(b) to prohibit counties and cities, respectively, from entering into contracts unless the contractor complies with proposed GS 64-11. Makes other conforming and technical changes.
    Enacts new GS 143-129(j) to prohibit any board, state governing body, institution of state government, or local government from awarding certain contracts unless the contractor complies with proposed GS 64-11. Enacts new GS 143-48.5 to provide that no contract subject to Article 3 of GS Chapter 143 may be entered into unless the contractor complies with proposed GS 64-11. Enacts new subsection (g) to GS 147-33.95, providing that no contract subject to Part 4 (Procurement of Information Technology) of GS Chapter 147, Article 3D, may be entered into unless the contractor complies with proposed GS 64-11.
    Enacts new GS 153A-99.1 to require counties to register and participate in E-Verify to verify the work authorization of new employees. Defines E-Verify as the federal E-Verify program operated by the U.S. Department of Homeland Security and other federal agencies used to verify the work authorization of newly hired employees. Also enacts new GS 160A-169.1 to require cities to register and participate in E-Verify. Includes a nondiscrimination clause applicable to the proposed statutes. Effective October 1, 2011.
    Unless otherwise indicated, the act becomes effective as follows, and applies to all bids submitted and all contracts entered into on or after that date: (1) October 1, 2011, for contractors that employ 500 or more employees as of that date; (2) April 1, 2012, for contractors that employ 20 or more employees but fewer than 500 employees as of that date; and (3) October 1, 2012, for all other contractors.


  • Summary date: Feb 3 2011 - View Summary

    Enacts new GS 143-129.1A to prohibit any state agent or employee, any board or governing body of the state or of any state government institution, or any local government agent, employee, or governing body, from awarding a contract for construction or repair work or a purchase contract for apparatus, supplies, materials, or equipment to any contractor or subcontractor who knowingly employs or contracts with an illegal immigrant to perform work under the contract. Defines contractor as any person, firm, association, or corporation that desires to submit a bid or contract with any state department, institution, or agency, or the board or governing body of any local government, to perform construction or repair work or to supply any materials or equipment.
    Requires a contractor to verify the legal status or authorization to work in the United States of each individual employed by the contractor to perform work under the contract, following the E-Verify Program administered by the U.S. Department of Homeland Security, before submitting a bid or contracting with any of the listed entities. Requires the contractor to certify, on a form approved by the Secretary of Administration, that the contractor has verified the legal status or work authorization of each employed individual. Makes it a Class I felony to submit a knowingly false certification.
    Requires each contract entered into under Article 8 of GS Chapter 143 to include the following provisions: (1) state that the contractor will not knowingly employ or contract with an illegal immigrant to perform work under the contract and will not contract with a subcontractor who fails to certify that the subcontractor will not knowingly employ or contract with an illegal immigrant for the work and (2) indicate that the contractor has verified the legal status or work authorization of each individual employed to work under the contract through the E-Verify Program.
    Provides that a violation of the statute renders the contract void. Allows a void contract, under the statute, to continue until an alternative is arranged when: (1) immediate termination would harm the public health or welfare and (2) the Secretary of Administration grants approval.
    Prohibits a contractor from submitting a bid or entering into a contract with a state department, institution, agency or local government for one year following a discovery that the contractor knowingly used the services of an illegal immigrant to perform contract work.
    Effective October 1, 2011, and applies to all bids submitted and all contracts entered into on or after that date.