HLS 10RS-1669 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 1027
BY REPRESENTATIVE SMILEY
EMPLOYMENT: Requires certification using the E-Verify program that employees hired
by companies are legally authorized to work in the United States
AN ACT1
To amend and reenact R.S. 23:991, 992, 992.2, 995, and 996(A) and (B) and to enact R.S.2
23:991.1, and 992.3, relative to employment of certain aliens; to provide for the3
purpose and enforcement of rules; to provide for definitions; to require employment4
verification through the federal e-verify system; to prohibit public employers from5
contracting with certain persons; to require the Louisiana Workforce Commission6
to provide training and instructions; to provide for immunity; to require that7
investigations be conducted by the Louisiana Workforce Commission; to provide for8
civil penalties; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 23:991, 992, 992.2, 995, and 996(A) and (B) are hereby amended and11
reenacted and R.S. 23:991.1 and 992.3 are hereby enacted to read as follows:12
§991. Purpose, enforcement13
The purpose of this Part is to exercise the state's police powers to regulate14
employment relations in order to protect workers within the state. The Louisiana15
Workforce Commission, in conjunction with the Louisiana State Police, the criminal16
sheriffs, and the local police departments for the various political subdivisions of this17
state shall enforce the provisions of this Part; except that R.S. 23:995 shall be18
enforced by the Louisiana Workforce Commission.19 HLS 10RS-1669 ORIGINAL
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§991.1. Definitions1
As used in this Part, unless the context clearly indicates otherwise, the2
following terms shall be defined as follows:3
(1) "Private employer" means any person who has one or more employees4
and who is not a public employer.5
(2) "Public employer" and "public agency" mean any department, agency,6
or instrumentality of the state or a political subdivision of the state.7
(3) "Status verification system" means an electronic system operated by the8
federal government to verify or ascertain the citizenship or immigration status for9
authority to legally work in the United States. The status verification system shall10
be deemed to include:11
(a) The electronic verification of work authorization program of the Illegal12
Immigration Reform and Immigration Responsibility Act of 1996, Section 403(a);13
Section 1324a of Title 8 of the United States Code, and operated by the United States14
Department of Homeland Security.15
(b) Any equivalent federal program designated by the United States16
Department of Homeland Security or any other federal agency authorized to verify17
the work eligibility status of newly hired employees, pursuant to the Immigration18
Reform and Control Act of 1986.19
(c) Any other independent, third-party system, permitted for use by the20
federal government, with an equal or higher degree of reliability as the programs,21
systems, or processes described in this Paragraph.22
(d) The Social Security Number Verification Service, or such similar online23
verification process implemented by the United States Social Security24
Administration.25
(4) "Subcontractor" means a subcontractor, contract employee, staffing26
agency, or any contractor.27
(5) "Unauthorized alien" means an alien as defined in Section 1324(a)(h)(3)28
of Title 8 of the United States Code.29 HLS 10RS-1669 ORIGINAL
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§992. Employment of certain aliens; contracts; prohibition; compliance assistance1
A. No person, either for himself or on behalf of another, private or public2
employer shall employ, hire, recruit, or refer, for private or public employment3
within the state, an unauthorized alien or contract, subcontract, or otherwise enter4
into any contractual agreement to obtain the labor of an unauthorized alien who is5
not entitled to lawfully reside or work in the United States.6
B. Every public and private employer shall register with and utilize a status7
verification system as described in R.S. 23:991.1(3) to verify the federal employment8
authorization status of all new employees.9
C. No public employer shall enter into any contract unless the person with10
which the public employer contracts registers and participates in the status11
verification system provided for in R.S. 23:991.1. The public employer shall require12
that any bid or proposal include affirmation that the prospective contractor and any13
subcontractor participate in such a system to assist in verifying the identity and legal14
working status of all new employees.15
D. No private employer shall enter into any contract to provide products or16
services for a public agency unless the private employer registers and participates in17
the status verification system provided for in R.S. 23:991.1 to assist in verifying the18
identity and legal working status of all new employees.19
E. A public employer shall cancel any contract with a private employer if20
that private employer has not participated in the status verification system as21
required by this Part.22
F. This Section applies to contracts entered into on or after January 1, 2011.23
Every contract entered into on or after January 1, 2011, between a public agency and24
a private employer shall be deemed to include a provision that authorizes the public25
agency to cancel the contract if the private employer does not participate in the status26
verification system as required by this Part.27
G. For two years, the Louisiana Workforce Commission shall provide28
training and instructions regarding the completion of the registration process for the29 HLS 10RS-1669 ORIGINAL
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federal e-verify system and technical advice regarding participation in any other1
status verification system provided for in R.S. 23:991.1.2
H. The provisions of this Section shall be implemented and enforced without3
regard to race, religion, ethnicity, or national origin.4
* * *5
§992.2. Bar to prosecution; immunity6
No person private or public employer shall be prosecuted under the7
provisions of this Part upon a showing that each and every person in his employ has8
he has verified the employment eligibility of an employee using a status verification9
system provided for in R.S. 23:991.1. Any private or public employer who relies in10
good faith on the status verification system to determine an employee's eligibility to11
work shall be immune from liability or suit resulting from any nonconfirmation of12
an applicant's work eligibility. provided a picture identification and one of the13
following documents of which the employer has retained a copy for his records:14
(1) United States birth certificate or certified birth card.15
(2) Naturalization certificate.16
(3) Certificate of citizenship.17
(4) Alien registration receipt card.18
(5) United States immigration form I-94 (with employment authorized19
stamp).20
§992.3. Investigation21
The Louisiana Workforce Commission shall accept, review, and investigate22
in a timely manner any credible complaint that a public or private employer has23
violated the provisions of this Part. The executive director shall verify the work24
authorization status of the employees using a status verification system provided for25
in R.S. 23:991.1 and notify the public or private employer of the results. The public26
or private employer shall immediately terminate an employee whose work27
authorization was not verified. After a complete investigation conducted by the28
Louisiana Workforce Commission and a finding that an employer in Louisiana has29 HLS 10RS-1669 ORIGINAL
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failed to verify the work authorization of an employee by using a status verification1
system, the executive director shall notify the attorney general or district attorney in2
the parish in which the employer is domiciled of such action.3
* * *4
§995. Civil penalties5
A. No person, either for himself or on behalf of another, private or public6
employer shall employ, hire, recruit, or refer, for private or public employment7
within the state, an unauthorized alien or contract, subcontract, or otherwise enter8
into any contractual agreement to obtain the labor of an unauthorized alien who is9
not entitled to lawfully reside or work in the United States.10
* * *11
§996. Cease and desist order; injunctive relief12
A. An agency, department, board, or commission of the state or any political13
subdivision may notify the attorney general or the district attorney that the agency14
has determined, after an investigation initiated by the agency or by a private party's15
written complaint to the agency, that an employer who operates a Louisiana business16
or enterprise is knowingly employing an undocumented unauthorized alien in17
violation of this Chapter.18
B. The attorney general or district attorney in the parish in which the19
employer is domiciled or in the parish in which the violation occurred is empowered20
to issue an order to the employer engaged in the activity constituting the violation21
of the provision of this Chapter directing such employer to cease and desist from22
such activity and to discharge from employment, for cause, the undocumented23
workers unauthorized alien. Such order shall be issued in the name of the state of24
Louisiana under the official seal of the attorney general or the official seal of the25
district attorney and shall be served where the employer is domiciled in the state of26
Louisiana or the employer's registered agent in the state of Louisiana.27
* * *28 HLS 10RS-1669 ORIGINAL
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Section 3.(A) The provisions of this Act shall become effective on January 1, 2011,1
and shall apply to any employee hired on or after January 1, 2011.2
(B) The provisions of this Act shall not apply to any existing employees who were3
hired prior to January 1, 2011. The provisions of present law shall remain in full effect and4
apply to all existing employees hired prior to January 1, 2011.5
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Smiley HB No. 1027
Abstract: Requires public and private employers to use the federal e-verify system to
determine an applicant's legal eligibility to work.
Present law (R.S. 23:991) provides that the purpose of present law is to exercise the state's
police powers to regulate employment relations to protect workers within the state. Provides
that the Louisiana Workforce Commission, in conjunction with the Louisiana State Police,
the criminal sheriffs, and the local police departments for the various political subdivisions
of this state shall enforce the provisions of present law; except that civil penalties established
in present law shall be enforced by the Louisiana Workforce Commission.
Proposed law retains present law and adds a provision that requires the Louisiana Workforce
Commission (LWC) work with state police and local police departments to enforce the law.
Proposed law (R.S. 23:991.1) provides that the following terms shall be defined as follows:
(1)"Public employer" and "public agency" mean any department, agency, or
instrumentality of the state or a political subdivision of the state.
(2)"Private employer" means any person who has one or more employees and who is
not a public employer.
(3)"Status verification system" means an electronic system operated by the federal
government to verify or ascertain the citizenship or immigration status for authority
to legally work in the United States. The status verification system shall be deemed
to include:
(a)The electronic verification of work authorization program of the Illegal
Immigration Reform and Immigration Responsibility Act of 1996 and
operated by the United States Department of Homeland Security.
(b)Any equivalent federal program designated by the United States Department
of Homeland Security or any other federal agency authorized to verify the
work eligibility status of newly hired employees, pursuant to the Immigration
Reform and Control Act of 1986.
(c)Any other independent, third-party system, permitted for use by the federal
government, with an equal or higher degree of reliability as the programs,
systems, or processes described in proposed law. HLS 10RS-1669 ORIGINAL
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(d)The Social Security Number Verification Service, or such similar online
verification process implemented by the United States Social Security
Administration.
(4)"Subcontractor" means a subcontractor, contract employee, staffing agency, or any
contractor.
(5)"Unauthorized alien" means an alien as defined in Section 1324(a)(h)(3) of Title 8
of the United States Code.
Present law (R.S. 23:992) prohibits any person, either for himself or on behalf of another,
from employing, hiring, recruiting, or referring, for private or public employment within the
state, an alien who is not entitled to lawfully reside or work in the United States.
Proposed law changes present law by prohibiting any private or public employer from
employing, hiring, recruiting, or referring, for private or public employment within the state,
an unauthorized alien or contract, subcontract, or otherwise enter into any contractual
agreement to obtain the labor of an unauthorized alien who is not entitled to lawfully reside
or work in the United States.
Proposed law requires every public and private employer to register with and utilize a status
verification system as described in proposed law to verify the federal employment
authorization status of all new employees.
Proposed law prohibits public employers from entering into any contract unless the person
with which the public employer contracts registers and participates in the status verification
system described in proposed law. Also, provides that a public employer must require that
any bid or proposal include affirmation that the prospective contractor and any subcontractor
participate in such a system to assist in verifying the identity and legal working status of all
new employees.
Proposed law prohibits a private employer from entering into any contract to provide
products or services for a public agency unless the private employer registers and
participates in the status verification system described in proposed law to assist in verifying
the identity and legal working status of all new employees.
Proposed law requires a public employer to cancel any contract with a private employer if
that private employer has not participated in the status verification system described in
proposed law.
Proposed law specifies that proposed law applies to contracts entered into on or after Jan.
1, 2011. Requires every contract entered into on or after Jan. 1, 2011, between a public
agency and a private employer shall be deemed to include a provision that authorizes the
public agency to cancel the contract if the private employer does not participate in the status
verification system described in proposed law.
Proposed law requires that for two years the LWC shall provide training and instructions
regarding the completion of the registration process for the federal e-verify system and
technical advice regarding participation in any other status verification systems described
in proposed law.
Proposed law provides that the implementation and enforcement of proposed law shall be
exercised without regard to race, religion, ethnicity, or national origin.
Present law (R.S. 23:992.2) prohibits any person from being prosecuted under present law
if each and every person in his employ has provided a picture identification and one of the
following documents of which the employer has retained a copy for his records: HLS 10RS-1669 ORIGINAL
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(1)United States birth certificate or certified birth card.
(2)Naturalization certificate.
(3)Certificate of citizenship.
(4)Alien registration receipt card.
(5)United States immigration form I-94 (with employment authorized stamp).
Proposed law removes the picture identification and retention of verification records from
present law. Instead, provides immunity from prosecution to any private or public employer
that has verified the employment eligibility of an employee using a status verification system
described in proposed law. Further, provides immunity from liability or suit, resulting from
any nonconfirmation of an employee's work eligibility, to any private or public employer
who relies in good faith on the status verification system to determine an applicant's
eligibility to work.
Proposed law (R.S. 23:992.3) requires the LWC to accept, review, and investigate in a
timely manner any credible complaint that a public or private employer has violated the law.
Also, requires the executive director to verify the work authorization status of the employees
using a status verification system described in proposed law and notify the public or private
employer of the results. Requires the public or private employer to immediately terminate
an employee whose work authorization was not verified. Further, provides that after a
complete investigation conducted by the LWC and a finding that an employer in La. has
failed to verify the work authorization of an employee by using a status verification system,
the executive director must notify the attorney general or district attorney in the parish in
which the employer is domiciled of such action.
Present law (R.S. 23:995) prohibits any person, either for himself or on behalf of another,
from employing, hiring, recruiting, or referring, for private or public employment within the
state, an alien who is not entitled to lawfully reside or work in the United States.
Proposed law changes present law by prohibiting any private or public employer from
employing, hiring, recruiting, or referring, for private or public employment within the state,
an unauthorized alien or contract, subcontract, or otherwise enter into any contractual
agreement to obtain the labor of an unauthorized alien who is not entitled to lawfully reside
or work in the United States.
Present law (R.S. 23:996) authorizes an agency, department, board, or commission of the
state or any political subdivision to notify the attorney general or the district attorney that
the agency has determined, after an investigation initiated by the agency or by a private
party's written complaint to the agency, that an employer who operates a La. business or
enterprise is knowingly employing an undocumented alien in violation of present law.
Present law authorizes the attorney general or district attorney in the parish in which the
employer is domiciled or in the parish in which the violation occurred to issue a cease and
desist order to any employer engaged in the activity constituting the violation of present law
and requires the discharge from employment, for cause, the undocumented workers.
Requires the order be issued in the name of the state of La. under the official seal of the
attorney general or the official seal of the district attorney and shall be served where the
employer is domiciled in the state of La. or the employer's registered agent in the state of La.
Proposed law modifies present law by changing "undocumented worker" to "unauthorized
alien".
Proposed law establishes an effective date of Jan. 1, 2011 applicable to any employee hired
on or after that date; however, specifies that proposed law does not apply to any existing HLS 10RS-1669 ORIGINAL
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employees who were hired prior to Jan. 1, 2011. Instead, specifies that present law shall be
applicable to all existing employees hired prior to Jan. 1, 2011.
Effective Jan. 1, 2011.
(Amends R.S. 23:991, 992, 992.2, 995, and 996(A) and (B); Adds R.S. 23:991.1 and 992.3)