GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H                                                                                                                                                    1

HOUSE BILL 1184

Short Title:        Repeal E‑Verify Exemption for Temps/Funds.		(Public)
Sponsors:	Representatives Cleveland, Millis, and Conrad (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site.
Referred to:	Judiciary.

May 22, 2014

A BILL TO BE ENTITLED

AN ACT to repeal the e‑verify exemption for temporary employees; to authorize an employer to obtain a nine‑month waiver of the requirement that employers use the e‑verify system to verify the WORK AUTHORIZATION of their EMPLOYEES who are farm workers; and to appropriate funds to hire an additional investigative assistant.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 64‑25(3) reads as rewritten:

"§ 64‑25.  Definitions.

The following definitions apply in this Article:

…

(3)        Employee. – Any individual who provides services or labor for an employer in this State for wages or other remuneration. The term does not include an individual whose term of employment is less than nine months in a calendar year.

…."

SECTION 2.  Article 2 of Chapter 64 of the General Statutes is amended by adding a new section to read:

"§ 64‑39.  Temporary waiver for farm workers.

(a) Waiver. – An employer may seek a waiver from the requirements of G.S. 64‑26 from the Department of Labor for employees who are farm workers. A waiver shall be effective for a period of nine months. The Department shall issue a waiver only to an applicant who provides documentation demonstrating that the employer has made good faith efforts to hire employees who are citizens or who possess valid work authorization. An application for a waiver under this section shall be for a specified number of newly hired employees and a waiver issued under this section shall waive the requirements of G.S. 64‑26 only for that number of newly hired employees.

(b) Penalty for False Statements on Waiver Applications. – If the Department of Labor determines that an employer has made a false statement on an application for a waiver under this section, the Department shall require the employer to pay a civil penalty of five thousand dollars ($5,000). Each false statement shall be a separate violation of this subsection."

SECTION 3.  There is appropriated from the General Fund to the Department of Labor the sum of sixty thousand dollars ($60,000) for a new investigative assistant position to assist in the administration of the waiver system created pursuant to G.S. 64‑39.

SECTION 4.  Section 3 of this act becomes effective July 1, 2014. The remainder of this act becomes effective October 1, 2014.