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.