Bill Text: MI HB4355 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Public employees and officers; state; state contractors; require to verify legal residency of employees. Creates new act.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced - Dead) 2009-12-01 - Referred To Second Reading [HB4355 Detail]

Download: Michigan-2009-HB4355-Introduced.html

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HOUSE BILL No. 4355

 

February 19, 2009, Introduced by Reps. Agema, Hildenbrand, Meltzer, Walsh, Kowall, McMillin, Rogers, Meekhof, Kurtz, Marleau and Proos and referred to the Committee on Judiciary.

 

     A bill to require verification that public contracts are

 

performed by employees who are entitled to work in the United

 

States; to prohibit an employer from discharging certain employees

 

while employing an illegal alien; 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

 

create duties and responsibilities for certain state and local

 

departments, agencies, and officers; to require promulgation of

 

rules; and to provide civil remedies and criminal penalties.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and 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 work authorization status of newly hired

 

employees, pursuant to 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 the calendar year.

 

     (c) "Public employer" means a department, agency, or

 

instrumentality of the state or a political subdivision of the

 

state.

 

     (d) "Subcontractor" includes a subcontractor, contract

 

employee, staffing agency, and a contractor.

 

     Sec. 5. (1) A public employer shall register and participate

 

in the E-verify program to verify the work authorization status of

 

each new employee.

 

     (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

 

work authorization status 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 concerning the

 

performance of services within this state unless the contractor or

 

subcontractor registers with and participates in the E-verify

 

program to verify the work authorization status of all new

 

employees.

 

     Sec. 7. An employer shall not discharge an employee who is a

 

citizen or permanent resident alien, if on the date of the

 

discharge, the employer knowingly employed an alien who is not

 

authorized to work in the United States. A discharged employee has

 

a private cause of action for a violation of this section. The

 

prohibition in this section does not apply to a discharge for

 

cause.

 

     Sec. 9. The department of energy, labor, and economic growth

 

shall promulgate rules to implement this act pursuant to the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328.

 

     Sec. 11. (1) An employer or an agency or political subdivision

 

of the state shall verify the lawful presence of an individual in

 

the United States as required under section 5 by obtaining an

 

affidavit that the individual executes under penalty of perjury and

 

that states 1 of the following:

 

     (a) He or she is a United States citizen.

 

     (b) He or she is a qualified alien under the immigration and

 

nationality act, chapter 477, 66 Stat. 163, and is lawfully present

 

in the United States.

 

     (2) The employer or agency or political subdivision shall

 

further verify the status of an individual who has executed the

 

affidavit described in subsection (1), through the E-verify system.

 

Until the further eligibility verification is made, 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 an

 

affidavit executed pursuant to this section is guilty of perjury

 

punishable as provided in section 423 of the Michigan penal code,

 

1931 PA 328, MCL 750.423.