GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
H 1
HOUSE BILL 308
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Short Title: State Contracts/Illegal Immigrants. |
(Public) |
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Sponsors: |
Representatives Cleveland; Avila, Blackwood, Blust, Boylan, Brown, Current, Dockham, Dollar, Folwell, Frye, Gulley, Hilton, Holloway, Howard, Killian, Langdon, Lewis, McGee, Moore, Neumann, Pate, Samuelson, Setzer, Starnes, Steen, Tillis, and Walend. |
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Referred to: |
Judiciary II. |
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February 22, 2007
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' legal status or 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:
"§ 143-129.1A. 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 the board or governing body of any political subdivision of the State, to perform construction or repair work or to supply apparatus, supplies, materials, or equipment.
(b) Prior to submitting a bid or entering into a contract, a contractor shall verify, in accordance with the Basic Pilot Employment Verification Program administered by the United States Department of Homeland Security pursuant to 8 U.S.C. § 1101 et seq., the legal status or authorization to work in the United States of each individual employed by the contractor to perform work under the contract. The verification required by this section shall be conducted only after the hiring of the individual as an employee to work in the United States in accordance with State and federal law.
(c) A contractor submitting a bid or entering into a contract shall certify that the contractor has verified, as provided in subsection (b) of this section, the legal status or authorization to work in the United States of each individual employed by the contractor 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 not knowingly employ or contract with an illegal immigrant to perform work under the contract.
(2) The contractor has verified through participation in the Basic Pilot Employment Verification Program administered by the United States Department of Homeland Security the legal status or authorization to work in the United States of each individual employed by the vendor 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 by the Secretary of Administration after consultation with the effected 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 illegal immigrants in the performance of a contract, the contractor shall be prohibited from submitting a bid for or entering into a contract to supply goods or services to the State 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, 2007, and applies to all bids submitted and all contracts entered into on or after that date.