Florida Senate - 2012 SB 1638 By Senator Altman 24-00462A-12 20121638__ 1 A bill to be entitled 2 An act relating to the verification of employment 3 eligibility; defining terms; requiring every employer 4 to use the Employment Authorization Program to verify 5 the employment eligibility of each new employee on or 6 after a specified date; providing that a business that 7 does not use the E-Verify system to verify the 8 employment eligibility of the employee shall lose its 9 license to do business in this state until the 10 business has registered with the E-Verify system; 11 requiring that each verification be made in accordance 12 with certain provisions of federal law; prohibiting an 13 employer from employing an unauthorized alien; 14 authorizing certain persons to file a complaint with 15 the Department of Business and Professional Regulation 16 or the Department of Economic Opportunity alleging 17 that an employer has employed an unauthorized alien; 18 prohibiting the filing of a complaint based on race, 19 color, or national origin; providing that a person who 20 knowingly files a false and frivolous complaint 21 commits a misdemeanor of the second degree; providing 22 criminal penalties; requiring the department or the 23 Department of Economic Opportunity to notify the 24 employer upon receipt of a complaint; requiring the 25 department or the Department of Economic Opportunity 26 to investigate whether a violation has occurred; 27 authorizing the department and the Department of 28 Economic Opportunity to issue a subpoena for the 29 production of documents; requiring the department or 30 the Department of Economic Opportunity to request that 31 the Federal Government verify the employment 32 eligibility of any employee named in a complaint; 33 prohibiting the department or the Department of 34 Economic Opportunity from independently making a final 35 determination regarding whether an employee is 36 authorized to be employed in the United States; 37 requiring the department or the Department of Economic 38 Opportunity to notify certain entities after 39 determining that the employer has employed an 40 unauthorized alien; prohibiting the department or the 41 Department of Economic Opportunity from acting on a 42 complaint for a violation of law occurring before a 43 specified date; requiring the department or the 44 Department of Economic Opportunity to order an 45 employer to take certain action upon a first violation 46 of the prohibition against hiring an unauthorized 47 alien; requiring that certain licenses of an employer 48 be suspended if the employer fails to file an 49 affidavit confirming the termination of employment of 50 an unauthorized alien; providing for reinstatement of 51 such licenses under certain circumstances; requiring 52 that the department or the Department of Economic 53 Opportunity take certain action against an employer 54 for a second violation within a specified period 55 following the prohibition against hiring an 56 unauthorized alien; specifying actions for which an 57 employer registered with and participating in the E 58 Verify system may not be held civilly liable; 59 providing specified immunity and nonliability with 60 respect to employers who properly comply with the E 61 Verify system in good faith and rely upon information 62 provided by the system; requiring the Department of 63 Economic Opportunity to maintain a public database 64 containing certain information and make such 65 information available on its website; authorizing the 66 department or the Department of Economic Opportunity 67 to apply to the appropriate circuit court for a 68 judicial order directing an employer to comply with an 69 order issued by the department or the Department of 70 Economic Opportunity; creating a rebuttable 71 presumption for certain employers that the employer 72 did not knowingly employ an unauthorized alien; 73 authorizing an employer or employee to seek an 74 injunction under certain circumstances; providing that 75 certain actions by an employer constitute an unfair 76 trade practice; providing that an employee aggrieved 77 by such actions has a private cause of action against 78 the employer for a deceptive and unfair trade 79 practice; providing for an award of court costs and 80 attorney fees; providing that a cause of action does 81 not exist against an employer participating in the E 82 Verify system on the date of discharge of an employee 83 under specified circumstances; providing for 84 construction of the act; creating s. 287.136, F.S.; 85 defining terms; requiring every public employer to 86 register with and participate in the E-Verify system 87 for specified purposes; prohibiting a public employer, 88 contractor, or subcontractor from entering into a 89 contract for the physical performance of services in 90 this state unless the contractor or subcontractor 91 registers and participates in the system; requiring 92 that subcontractors certify certain information to 93 contractors by specified means; requiring that a 94 contractor maintain a copy of the certification for a 95 specified period; authorizing a contractor to 96 terminate a contract with a subcontractor under 97 certain conditions; providing that such termination is 98 not a breach of contract; authorizing a subcontractor 99 to challenge a termination within a specified period; 100 requiring that a public contractor terminate a 101 contract if the contractor or subcontractor is in 102 violation of the act; providing that such termination 103 is not a breach of contract; authorizing a contractor 104 or subcontractor to challenge such a termination 105 within a specified period; providing guidelines for 106 interpretation of the provisions of the act; creating 107 s. 337.163, F.S.; defining terms; requiring the 108 Department of Transportation to register with and 109 participate in the E-Verify system for specified 110 purposes; prohibiting the department, a contractor, or 111 subcontractor from entering into a contract for the 112 physical performance of services in this state under 113 ch. 337, F.S., unless the contractor or subcontractor 114 registers and participates in the system; requiring 115 that subcontractors certify certain information to 116 contractors by specified means; requiring that a 117 contractor maintain a copy of the certification for a 118 specified period; authorizing a contractor to 119 terminate a contract with a subcontractor under 120 certain conditions; providing that such termination is 121 not a breach of contract; authorizing a subcontractor 122 to challenge a termination within a specified period; 123 requiring that a public contractor terminate a 124 contract if the contractor or subcontractor is in 125 violation of the act; providing that such termination 126 is not a breach of contract; authorizing a contractor 127 or subcontractor to challenge such a termination 128 within a specified period; providing guidelines for 129 interpretation of the provisions of the act; providing 130 for severability; providing an effective date. 131 132 Be It Enacted by the Legislature of the State of Florida: 133 134 Section 1. Use of E-Verify system required for private 135 employers; business licensing enforcement; private right of 136 action for wrongfully discharged worker.— 137 (1) DEFINITIONS.—As used in this section, the term: 138 (a) “Agency” means an agency, department, board, or 139 commission of this state or a county, municipality, or town 140 issuing a license for the purpose of operating a business in 141 this state. 142 (b) “E-Verify system” means the Employment Authorization 143 Program, formerly the “Basic Pilot Program,” under Pub. L. No. 144 104-208, Div. C, Title IV, Subtitle A, 110 Stat. 3009-655 (Sept. 145 30, 1996), as amended, or any successor program designated by 146 the Federal Government for verification that an employee is an 147 unauthorized alien. 148 (c) “Employee” means any person who performs employment 149 services in this state for an employer pursuant to an employment 150 relationship between the person and employer. An employee does 151 not include an independent contractor as defined by federal law 152 and regulations. 153 (d) “Employer” means any person or entity transacting 154 business in this state which employs individuals. The term does 155 not include: 156 1. A government employer; 157 2. The occupant or owner of a private residence who hires 158 casual domestic labor to perform work customarily performed by a 159 homeowner entirely within a private residence; 160 3. That portion of labor and services provided to a person 161 or entity by a licensed independent contractor; or 162 4. An employee leasing company licensed pursuant to part XI 163 of chapter 468, Florida Statutes, which enters into a written 164 agreement or understanding with its client company which places 165 the primary obligation for compliance with this part upon its 166 client company. In the absence of a written agreement or 167 understanding, the contracting party, whether the licensed 168 employee leasing company or client company, which initially 169 hires the leased employee is responsible for the obligations set 170 forth in this part. Such employee leasing company shall, at all 171 times, remain an employer as otherwise specified by law. 172 (e) “Enforcing authority” has the same meaning as “agency,” 173 as defined in paragraph (a), if the agency has the mechanisms to 174 conduct investigations of a licensee and to enforce discipline 175 against a licensee. If the agency is not so equipped, “enforcing 176 authority” means the Department of Economic Opportunity. 177 (f) “License” means a license, permit, certificate, 178 approval, registration, charter, or similar form of 179 authorization required by law and issued by an agency for the 180 purpose of operating a business in this state. A license 181 includes, but is not limited to: 182 1. Articles of incorporation. 183 2. A certificate of partnership, a partnership 184 registration, or articles of organization. 185 3. A grant of authority issued pursuant to state or federal 186 law. 187 4. A transaction privilege tax license. 188 (g) “Unauthorized alien” means an alien is not authorized 189 under federal law to be employed in the United States, as 190 described in 8 U.S.C. s. 1324a(h)(3). This term shall be 191 interpreted consistently with that section and any applicable 192 federal rules or regulations. 193 (h) “Knowingly employ an unauthorized alien” has the same 194 meaning as prescribed in 8 U.S.C. s. 1324a. The term shall be 195 interpreted consistently with s. 1324a and any federal rule or 196 regulation applicable to the unlawful employment of aliens. 197 (2) VERIFICATION OF EMPLOYMENT ELIGIBILITY; SUSPENSION OF 198 BUSINESS LICENSE.— 199 (a) Beginning January 1, 2013, every employer shall, after 200 making an offer of employment which has been accepted by an 201 employee, use the E-Verify system to verify the employment 202 eligibility of the employee. Verification must occur within the 203 period stipulated by federal law or regulations. However, an 204 employer is not required to verify the employment eligibility of 205 a continuing employee hired before the date of the employer’s 206 registration with the system. 207 (b) A business that has not complied with paragraph (a) 208 shall lose its license to do business in this state until the 209 business has registered with the E-Verify system and provided 210 the department with an affidavit stating that the business has 211 registered with the E-Verify system. 212 (3) EMPLOYMENT OF UNAUTHORIZED ALIENS; PROHIBITION; FALSE 213 AND FRIVOLOUS COMPLAINTS; VIOLATION; CLASSIFICATION; SUSPENSION 214 AND REVOCATION OF LICENSE.— 215 (a) An employer may not employ an unauthorized alien. 216 (b) A person who has actual or constructive knowledge that 217 an employer employs, or has within the last 90 days employed, an 218 unauthorized alien may file a complaint with the department or 219 the Department of Economic Opportunity. 220 (c) A complaint may not be based on race, color, or 221 national origin, except to the extent permitted by the United 222 States Constitution or the State Constitution. 223 (d) A person who knowingly files a false and frivolous 224 complaint under this subsection commits a misdemeanor of the 225 second degree, punishable as provided in s. 775.082 or s. 226 775.083, Florida Statutes. 227 (e) Upon the receipt of a valid complaint of a violation of 228 paragraph (a), the department or the Department of Economic 229 Opportunity shall notify the employer of the complaint and 230 direct the employer to notify any affected employees named in 231 the complaint. 232 (f) The department or the Department of Economic 233 Opportunity shall investigate whether a violation has occurred 234 and hold an administrative hearing at which the employer may 235 present any evidence he or she desires and at which the employer 236 has the right to counsel. The department or the Department of 237 Economic Opportunity shall request that the Federal Government 238 verify, pursuant to 8 U.S.C. s. 1373(c), the employment status 239 of any employee named in the complaint. The department or the 240 Department of Economic Opportunity may not independently make a 241 final determination as to whether a particular employee is an 242 unauthorized alien. The department or the Department of Economic 243 Opportunity shall rely upon verification of employment 244 authorization provided by the Federal Government. 245 (g) The department or the Department of Economic 246 Opportunity may issue a subpoena to produce employment records 247 that relate to the recruitment, hiring, employment, or 248 termination policies, practices, or acts of employment relating 249 to the investigation of a valid complaint. 250 (h) If the department or the Department of Economic 251 Opportunity confirms that the employer has employed an 252 unauthorized alien, the department or the Department of Economic 253 Opportunity shall notify: 254 1. The United States Immigration and Customs Enforcement 255 Agency of the identity of the unauthorized alien and, if known, 256 the alien’s address or location in the state; and 257 2. The local law enforcement agency of the presence of the 258 unauthorized alien in the jurisdiction. 259 (i) The department or the Department of Economic 260 Opportunity may not act upon a complaint against any employer 261 for any violation occurring before January 1, 2013. 262 (j)1. Upon finding that an employer has violated paragraph 263 (a), the department or the Department of Economic Opportunity 264 shall order the employer to: 265 a. Terminate the employment of all unauthorized aliens; and 266 b. File a sworn affidavit with the department within 10 267 days after the receipt of the order. The affidavit must state 268 that the employer has corrected the violation by: 269 (I) Terminating all known unauthorized alien’s employment; 270 (II) Requesting that a second or additional verification of 271 the alien’s employment status be authorized, by using the E 272 Verify system; or 273 (III) Attempting to terminate the unauthorized alien’s 274 employment, and such termination has been challenged in a court 275 of competent jurisdiction. 276 2. If the employer fails to file the required affidavit, 277 the department or the Department of Economic Opportunity shall 278 order the appropriate agencies to suspend all applicable 279 licenses held by the employer. All such licenses suspended shall 280 remain suspended until the affidavit is filed. Notwithstanding 281 any other law, the suspended licenses shall be deemed to have 282 been reinstated upon the filing of the affidavit for the 283 purposes of this section. During the pendency of an action, the 284 10-day period shall be tolled. The 10-day period shall also be 285 tolled during any period during which the Federal Government 286 allows an alien to challenge the Federal Government’s 287 determination of his or her immigration status or employment 288 authorization. 289 3. Licenses subject to suspension under this subsection 290 include all licenses that are held by the employer and that are 291 necessary to operate the employer’s business at the location at 292 which the unauthorized alien performed work. If a license is not 293 necessary to operate the employer’s business at the specific 294 location at which the unauthorized alien performed work, but a 295 license is necessary to operate the employer’s business in 296 general, the licenses subject to suspension under subparagraph 297 2. include all licenses held by the employer at the employer’s 298 primary place of business. 299 (k) Upon finding a second or subsequent violation of 300 paragraph (a) during a 2-year period, the department or the 301 Department of Economic Opportunity shall order the appropriate 302 agencies to suspend, for at least 30 days, all licenses that are 303 held by the employer and that are necessary to operate the 304 employer’s business at the location at which the unauthorized 305 alien performed work. If a license is not necessary to operate 306 the employer’s business at the specific location at which the 307 unauthorized alien performed work, but a license is necessary to 308 operate the employer’s business in general, the department or 309 the Department of Economic Opportunity shall order the 310 appropriate agencies to suspend all licenses held by the 311 employer at the employer’s primary place of business. On receipt 312 of the order and notwithstanding any other law, the appropriate 313 agencies shall immediately suspend such licenses for at least 30 314 days. 315 (l)1. An employer registered with and participating in the 316 E-Verify system may not be held civilly liable in a cause of 317 action for the employer’s: 318 a. Unlawful hiring of an unauthorized alien if the 319 information obtained in accordance with the E-Verify system 320 indicated that the employee’s federal legal employment status 321 allowed the employer to hire the employee; or 322 b. Refusal to hire an individual if the information 323 obtained in accordance with the E-Verify system indicated that 324 the individual’s federal legal employment status was that of an 325 unauthorized alien. 326 2. Any employer who properly complies with the E-Verify 327 system in good faith shall not be liable for any damages and 328 shall be immune from any legal cause of action brought by any 329 person or entity, including, but not limited to, former 330 employees, for use and reliance upon any incorrect information 331 provided by the E-Verify system when determining final action on 332 an employee’s employment status. 333 3. An employer is considered to have complied with the 334 requirements of 8 U.S.C. s. 1324a(b), notwithstanding an 335 isolated, sporadic, or accidental technical or procedural 336 failure to meet the requirements, if there is a good faith 337 attempt to comply with the requirements. 338 (m) The Department of Economic Opportunity shall maintain a 339 public database containing copies of all orders issued pursuant 340 to this section and make such information available on its 341 website. 342 (n) If the department or the Department of Economic 343 Opportunity determines that an agency or employer has failed to 344 comply with an order under this section, the department or the 345 Department of Economic Opportunity may apply to the circuit 346 court for a judicial order directing the agency or employer to 347 comply with the order of the department or Department of 348 Economic Opportunity. 349 (o) For the purposes of this section, compliance with 350 subsection (2) creates a rebuttable presumption that an employer 351 did not knowingly employ an unauthorized alien in violation of 352 paragraph (a). 353 (4) INJUNCTION.—At any time after the department or the 354 Department of Economic Opportunity has notified an employer that 355 a valid complaint was received and up to 30 days after the date 356 of service on the employer of the notice of determination by the 357 department or the Department of Economic Opportunity that the 358 employer violated paragraph (3)(a), the employer subject to the 359 complaint under this section, or any employee of the employer 360 who is alleged to be an unauthorized alien, may challenge and 361 seek to enjoin the enforcement of this section before a court of 362 competent jurisdiction. 363 (5) DECEPTIVE AND UNFAIR TRADE PRACTICE.— 364 (a) An employer commits a deceptive and unfair trade 365 practice in violation of part II of chapter 501, Florida 366 Statutes, if he or she discharges a United States citizen or 367 legal permanent resident alien employee who has applied for 368 naturalization, if, on the date of discharge, an unauthorized 369 alien worker was employed by the employer at the same job site 370 or in the same job classification elsewhere in the state, if 371 such discharge is made knowingly or with reckless disregard for 372 the fact that such alien worker lacked federal employment 373 authorization. 374 (b) The discharged employee has a private cause of action 375 against the employer for civil penalties and attorney fees for 376 the deceptive and unfair trade practice. 377 (c) The available remedies to a wrongfully discharged 378 employee are limited to reinstatement, back pay, court costs, 379 and attorney fees. Criminal or civil sanctions, including fines, 380 shall not be imposed against an employer for a violation of this 381 subsection. 382 (d) A cause of action under this subsection does not exist 383 against an employer who, on the date of discharge, was enrolled 384 and participating in the E-Verify system and used the system to 385 verify the employee hired on the date of discharge who was an 386 unauthorized alien worker employed by the employer at the same 387 job site or in the same job classification elsewhere in the 388 state. 389 (6) CONSTRUCTION.—This section shall be enforced without 390 regard to race or national origin and shall be construed in a 391 manner so as to be fully consistent with any applicable 392 provisions of federal law. 393 Section 2. Section 287.136, Florida Statutes, is created to 394 read: 395 287.136 Verification of immigration status; public 396 employers.— 397 (1) As used in the section, the term: 398 (a) “Contractor” means a person who has entered or is 399 attempting to enter into a public contract for services with a 400 state agency or political subdivision. 401 (b) “E-Verify system” means the electronic verification of 402 the work-authorization program of the Illegal Immigration Reform 403 and Immigration Responsibility Act of 1996, Pub. L. No. 104-208, 404 Division C, Title IV, s. 403(a), as amended, and operated by the 405 United States Department of Homeland Security, or a successor 406 work-authorization program designated by the department or other 407 federal agency authorized to verify the work-authorization 408 status of newly hired employees pursuant to the Immigration 409 Reform and Control Act of 1986, Pub. L. No. 99-603. 410 (c) “Public employer” means any department, agency, or 411 political subdivision of the state. 412 (d) “Subcontractor” means any supplier, distributor, 413 vendor, staffing agency, or firm furnishing supplies or services 414 to or for a contractor or another subcontractor. 415 (e) “Unauthorized alien” means an alien is not authorized 416 under federal law to be employed in the United States, as 417 described in 8 U.S.C. s. 1324a(h)(3). This term shall be 418 interpreted consistently with that section and any applicable 419 federal rules or regulations. 420 (2)(a) Every public employer shall register with and 421 participate in the E-Verify system for the purpose of verifying 422 the work authorization status of all new employees. 423 (b)1. A public employer may not enter into a contract for 424 the physical performance of services within this state unless 425 the contractor registers and participates in the E-Verify 426 system. 427 2. A contractor or subcontractor may not enter into a 428 contract or subcontract with a public employer in connection 429 with the physical performance of services within this state 430 unless the contractor or subcontractor registers with and uses 431 the E-Verify system for the purpose of verifying information of 432 all new employees employed within the state. 433 (3)(a) If a contractor uses a subcontractor, the 434 subcontractor shall certify to the contractor in a manner that 435 does not violate federal law that the subcontractor, at the time 436 of certification, does not employ or contract with an 437 unauthorized alien. 438 (b) A contractor shall maintain a copy of the certification 439 of a subcontractor throughout the duration of the term of a 440 contract with the subcontractor. 441 (4)(a) If a contractor knows that a subcontractor is in 442 violation of this section, the contractor shall terminate a 443 contract with the subcontractor for the violation. 444 (b) A contract terminated pursuant to paragraph (a) is not 445 a breach of contract and may not be considered as such by the 446 contractor or the subcontractor. 447 (c) A subcontractor may file an action with a circuit or 448 county court having jurisdiction in the county to challenge a 449 termination of a contract under paragraph (a) no later than 20 450 days after the date on which the contractor terminates the 451 contract with the subcontractor. 452 (5)(a) If a public employer knows that a contractor is 453 knowingly in violation of this section, the public employer 454 shall immediately terminate the contract with the contractor and 455 the contractor is not eligible for public contracts for 1 year 456 after the date of termination. If the public employer has 457 knowledge that a subcontractor has violated this section, and 458 the contractor has otherwise complied with this section, the 459 public employer shall promptly notify the contractor and order 460 the contractor to terminate the contract with the noncompliant 461 subcontractor. 462 (b) A contract terminated pursuant to paragraph (a) is not 463 a breach of contract and may not be considered as such by the 464 contractor or subcontractor. 465 (c) A contractor or subcontractor may file an action with a 466 circuit or county court having jurisdiction in the county to 467 challenge a termination of a contract under paragraph (a) no 468 later than 20 days after the date on which the contract or 469 subcontract was terminated. 470 (6) The provisions of this section shall be construed in a 471 manner so as to be fully consistent with any applicable federal 472 law. 473 Section 3. Section 337.163, Florida Statutes, is created to 474 read: 475 337.163 Verification of immigration status.— 476 (1) As used in this section, the term: 477 (a) “Contractor” means a person who has entered or is 478 attempting to enter into a contract with the department for 479 services under this chapter. 480 (b) “E-Verify system” means the electronic verification of 481 the work-authorization program of the Illegal Immigration Reform 482 and Immigration Responsibility Act of 1996, Pub. L. No. 104-208, 483 Division C, Title IV, s. 403(a), as amended, and operated by the 484 United States Department of Homeland Security, or a successor 485 work-authorization program designated by the department or other 486 federal agency authorized to verify the work-authorization 487 status of newly hired employees pursuant to the Immigration 488 Reform and Control Act of 1986, Pub. L. No. 99-603. 489 (c) “Subcontractor” means any supplier, distributor, 490 vendor, staffing agency, or firm furnishing supplies or services 491 to or for a contractor or another subcontractor under this 492 chapter. 493 (d) “Unauthorized alien” means an alien is not authorized 494 under federal law to be employed in the United States, as 495 described in 8 U.S.C. s. 1324a(h)(3). This term shall be 496 interpreted consistently with that section and any applicable 497 federal rules or regulations. 498 (2)(a) The department shall register with and participate 499 in the E-Verify system for the purpose of verifying the work 500 authorization status of all new employees. 501 (b)1. The department may not enter into a contract for the 502 physical performance of services within this state unless the 503 contractor registers and participates in the E-Verify system. 504 2. A contractor or subcontractor may not enter into a 505 contract or subcontract with the department in connection with 506 the physical performance of services within this state unless 507 the contractor or subcontractor registers with and uses the E 508 Verify system for the purpose of verifying information of all 509 new employees employed within the state. 510 (3)(a) If a contractor uses a subcontractor, the 511 subcontractor shall certify to the contractor in a manner that 512 does not violate federal law that the subcontractor, at the time 513 of certification, does not employ or contract with an 514 unauthorized alien. 515 (b) A contractor shall maintain a copy of the certification 516 of a subcontractor throughout the duration of the term of a 517 contract with the subcontractor. 518 (4)(a) If a contractor knows that a subcontractor is in 519 violation of this section, the contractor shall terminate a 520 contract with the subcontractor for the violation. 521 (b) A contract terminated pursuant to paragraph (a) is not 522 a breach of contract and may not be considered as such by the 523 contractor or the subcontractor. 524 (c) A subcontractor may file an action with a circuit or 525 county court having jurisdiction in the county to challenge a 526 termination of a contract under paragraph (a) no later than 20 527 days after the date on which the contractor terminates the 528 contract with the subcontractor. 529 (5)(a) If the department knows that a contractor is 530 knowingly in violation of this section, the department shall 531 immediately terminate the contract with the contractor and the 532 contractor is not eligible for public contracts for 1 year after 533 the date of termination. If the department has knowledge that a 534 subcontractor has violated this section, and the contractor has 535 otherwise complied with this section, the department shall 536 promptly notify the contractor and order the contractor to 537 terminate the contract with the noncompliant subcontractor. 538 (b) A contract terminated pursuant to paragraph (a) is not 539 a breach of contract and may not be considered as such by the 540 contractor or subcontractor. 541 (c) A contractor or subcontractor may file an action with a 542 circuit or county court having jurisdiction in the county to 543 challenge a termination of a contract under paragraph (a) no 544 later than 20 days after the date on which the contract or 545 subcontract was terminated. 546 (6) The provisions of this section shall be construed in a 547 manner so as to be fully consistent with any applicable federal 548 law. 549 Section 4. If any provision of this act or its application 550 to any person or circumstance is held invalid, the invalidity 551 does not affect the remaining provisions or applications of the 552 act which can be given effect without the invalid provision or 553 application, and to this end the provisions of this act are 554 severable. 555 Section 5. This act shall take effect July 1, 2012.