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.