GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H D
HOUSE DRH10076-LM-19B (02/01)
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Short Title: Public Contracts/Illegal Immigrants. |
(Public) |
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Sponsors: |
Representatives Conrad, Cleveland, Millis, and Szoka (Primary Sponsors). |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT prohibiting state and local government contracts with contractors who employ illegal immigrants and requiring contractors to verify and certify their employees' authorization to work in the united states.
The General Assembly of North Carolina enacts:
SECTION 1. Article 8 of Chapter 143 of the General Statutes is amended by adding the following new section to read:
"§ 143-133.1. Contracts with illegal immigrants prohibited; verification and certification required.
(a) No contract for construction or repair work or for the purchase of apparatus, supplies, materials, or equipment shall be awarded by any agent or employee of the State, any board or governing body of the State or of any institution of the State government, or by any agent, employee, or board or governing body of any political subdivision of the State to any contractor who knowingly employs or contracts with an illegal immigrant to perform work under the contract or who knowingly contracts with a subcontractor who knowingly employs or contracts with an illegal immigrant to perform work under the contract. For purposes of this section, the term "contractor" means any person, firm, association, or corporation that desires to submit a bid for or enter into a contract with any State department, institution, or agency, or any political subdivision of the State, to perform construction or repair work or to supply apparatus, supplies, materials, or equipment. For purposes of this section, the terms "employs" and "employed" include any instance in which a contractor provides to another person any form of financial or other remuneration in return for performing any work or services under a contract awarded by any State department, institution, or agency, or any political subdivision of the State. The provisions of this section shall apply to all contracts involving the expenditure of public money, regardless of the amount, and shall apply to both formal and informal bids.(b) Prior to submitting a bid to or entering into a contract with any State department, institution, or agency, or any political subdivision of the State, a contractor shall verify the authorization to work in the United States of each individual employed by the contractor, whether permanent, temporary, or seasonal, to perform work under the contract in accordance with the terms and conditions of the E-Verify Program administered by the United States Department of Homeland Security pursuant to section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. § 1324a note), P.L. 104-208, as amended. The verification required by this subsection shall be conducted only after the hiring of the individual as an employee to work in the United States.
(c) A contractor submitting a bid to or entering into a contract with any State department, institution, or agency, or any political subdivision of the State, shall certify on a form approved by the Secretary of Administration that the contractor has verified, as provided in subsection (b) of this section, the authorization to work in the United States of each individual employed by the contractor, whether permanent, temporary, or seasonal, to perform work under the contract. Any person who submits a certification required by this subsection known to be false shall be guilty of a Class I felony.
(d) Every contract entered into under this Article shall contain a provision that:
(1) The contractor shall not:
a. Knowingly employ or contract with an illegal immigrant to perform work under the contract.
b. Enter into a contract with a subcontractor who fails to certify to the contractor that the subcontractor shall, by using the E-Verify Program, verify the authorization to work in the United States of each individual employed by the subcontractor, whether permanent, temporary, or seasonal, to perform work under the contract.
(2) The contractor has, by using the E-Verify Program, verified the authorization to work in the United States of each individual employed by the contractor, whether permanent, temporary, or seasonal, to perform work under the contract.
(e) A violation of this section shall render the contract void. A contract that is void under this section may continue in effect until an alternative can be arranged when (i) immediate termination would result in harm to the public health or welfare and (ii) the continuation is approved, in writing, by the Secretary of Administration after consultation with the affected State department, institution, or agency, or the governing body of the political subdivision of the State. Approval of continuation of contracts under this subsection shall be given for the minimum period necessary to protect the public health or welfare.
(f) If a contractor is discovered to have knowingly used the services of an illegal immigrant in the performance of a contract under this Article, the contractor shall be prohibited from submitting a bid to or entering into a contract to supply goods or services with any State department, institution, or agency, or any political subdivision of the State, for one year from the date the violation was discovered."
SECTION 2. This act becomes effective October 1, 2013, and applies to all bids submitted and all contracts entered into on or after that date.