HB 4061

HOUSE BILL NO. 4061
A bill to require verification that public
contracts are performed by employees who are entitled to work in the United
States; to prescribe acceptable methods for verifying legal presence in the
United States; to condition the eligibility of employers to perform certain
public contracts on participation in the federal immigrant verification system;
to provide for the powers and duties of certain state and local governmental
officers and entities; to provide for the promulgation of rules; and to provide
sanctions and penalties.
the people of the state of michigan enact:
Sec. 1. This act may be
cited as the "public contract and employment eligibility verification
act".
Sec. 3. As used in this
act:
(a) "E-verify" means the electronic verification of
work authorization program of 8 USC 1324a that is operated by the United States
Department of Homeland Security or any equivalent federal work authorization
program operated by the United States Department of Homeland Security or any
other designated federal agency authorized to verify the documentation of newly
hired employees under the immigration reform
and control act of 1986, PL 99-603.
(b) "Employer" means a person who employs for
compensation 10 or more individuals at 1 time during a calendar year.
(c) "Form I-9" means the employment verification
form that fulfills the employment verification obligations under 8 CFR 274a.2.
(d) "Public employer" means a department, agency, or
instrumentality of this state or a political subdivision of this state.
(e) "Subcontractor" includes a subcontractor,
contract employee, staffing agency, and contractor.
Sec. 5. (1) A public
employer shall register and participate in the E-verify system to verify the
documentation of all of the public employer's new
employees.
(2) A public employer shall not enter into a contract for the
performance of services within this state unless the contractor registers and
participates in the E-verify program to verify the documentation of all of the
contractor's new employees.
(3) A contractor or subcontractor shall not enter into a
contract or subcontract with a public employer for the
performance of services within this state unless the contractor or
subcontractor registers and participates in the E-verify system to verify the
documentation of all of the contractor's or
subcontractor's new employees.
Sec. 7. The department of labor
and economic opportunity shall promulgate rules to implement this act under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Sec. 9. (1) An employer or public
employer shall verify the lawful presence of an individual in the United States
as required under section 5 by obtaining a form I-9 or, in the case of an
independent contractor, an affidavit that the independent contractor and each
of the independent contractor's new employees executes under penalty of perjury
and that states that the new employee is 1 of the following:
(a) A United States citizen.
(b) A qualified alien as that term is defined in 8 USC 1641,
and is lawfully present in the United States.
(2) The employer or public employer shall further verify, through
the E-verify system, the status of an individual who has executed a form I-9 or
an affidavit described in subsection (1). Until the further eligibility
verification is made, the form I-9 or the affidavit is presumed to be proof of
lawful presence for the purposes of this section.
(3) An individual who knowingly and willfully makes a false,
fictitious, or fraudulent statement or representation in a form I-9 or an
affidavit executed under this section is guilty of perjury punishable as
provided in section 423 of the Michigan penal code, 1931 PA 328, MCL 750.423.
(4) An individual who willfully and repeatedly violates this
act is responsible for a state civil infraction and may be ordered to pay a
civil fine of not less than $100.00 and not more than $1,000.00 per violation.
Sec. 11. (1) An employer that
violates section 5(3) is prohibited from
contracting with any public body in this state for a period of 1 year after the
date of the final determination of that violation by a public body or court of
law.
(2) A public employer shall immediately terminate for default
the public contract or subcontract of a subcontractor found to have employed 2
or more unauthorized aliens during the period in which the subcontractor was in
violation of section 5(3).
(3) An employer that has
complied with section 5(3), including cooperation with the investigation of an
alleged violation by a subcontractor, is not subject to the sanctions under
this section for a subcontractor or individual independent contractor.
Enacting section 1.
This act takes effect 90 days after the date it is enacted into law.