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Regular Session, 2010
SENATE BILL NO. 67
BY SENATOR MARTINY
EMPLOYMENT. Mandates use of the E-verify system for new employees. (8/15/10)
AN ACT1
To enact Part VI-A of Chapter 9 of Title 23 of the Louisiana Revised Statutes of 1950, to be2
comprised of R.S. 23:998 through 998.6, relative to the verification of legal status3
prior to employment of new employees; to provide definitions; to provide for the4
scope of applicability; to provide for phase-in of compliance; with verification5
requirements; to provide relative to verification of new hires; to provide relative to6
third party employers; to provide for penalties for non-compliance; to provide7
liability protections; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Part VI-A of Chapter 9 of Title 23 of the Louisiana Revised Statutes of10
1950, comprised of R.S. 23:998 through 998.6, is hereby enacted to read as follows:11
PART VI-A. EMPLOYER VERIFICATION ACT12
SUBPART A. GENERAL PROVISIONS13
§998. Short title; findings14
A. This Part shall be known and may be cited as the "Employer15
Verification Act."16
B. The Legislature of Louisiana declares the following findings:17 SB NO. 67
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(1) The legislature finds that when illegal immigrants have been living1
in this state and encouraged to reside here through the benefit of employment2
without verifying immigration status, these practices impede and obstruct the3
enforcement of federal immigration law, undermine the security of our borders,4
and impermissibly restrict the privileges and immunities of the citizens of5
Louisiana.6
(2) The legislature finds that it is a compelling public interest of this7
state to discourage illegal immigration by requiring all employers in Louisiana,8
including public employers, to cooperate fully with federal immigration9
authorities in the enforcement of federal immigration law.10
§998.1. Definitions11
For the purposes of this Part, the following terms shall have the following12
meanings unless the context clearly indicates otherwise:13
(1) "Commission" is the Louisiana Workforce Commission or any14
successor agency.15
(2) "Contractor" is one who meets all of the following criteria:16
(a) A person with whom a private employer contracts for the physical17
performance of services.18
(b) A person who is not an employee of a private employer for the19
purposes of providing the performance of services.20
(c) A person who is a private employer.21
(3) "Employee" is any person or entity who is hired to perform work22
within the state of Louisiana, to whom a federal form is required to be provided,23
and whose income is required to be reported on such federal form.24
(4) "Employer" is any person or business that is required by federal or25
state law to provide a federal form to an individual who performs services for26
the person or business in Louisiana and who is required to report income paid27
to the individual who performs the services.28
(5) "Legal alien" is a person who is or was lawfully present in the United29 SB NO. 67
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States at the time of employment and remains so for the duration of1
employment, or a person who is or was permanently residing legally in the2
United States at the time of employment and remains so for the duration of3
employment.4
(6) "Private employer" is a person who, for federal taxation purposes,5
is required to provide a federal form to an individual who performs services for6
the person in Louisiana and who is required to report income paid to the7
individual who performs the services and who is not considered a public8
employer.9
(7) "Public employer" is any department, agency, or instrumentality of10
the state or a political subdivision of the state.11
(8) "Status verification system" is the electronic verification of work12
authorization program of the Illegal Immigration Reform and Immigration13
Responsibility Act of 1996, 8 U.S.C. 1324a, and operated by the United States14
Department of Homeland Security, known as the E-Verify Program.15
(9) "Subcontractor" is a person who contracts directly with the primary16
contractor or with another contractor for the performance of a part of the17
principal contract.18
(10) "Third party employer" is a person who provides workers for19
another person or business, whether for full-time or part-time hire. This20
includes, but is not limited to, leasing companies and contract employers.21
§998.2. Scope22
A. This Part applies to all of the following:23
(1) The hire of a new employee on or after the applicable date of24
compliance.25
(2) A contract executed on or after the applicable date of compliance,26
between a private employer and a contractor for the physical performance of27
services.28
(3) A contract executed on or after the applicable date of compliance29 SB NO. 67
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with a third party employer.1
(4) A contract executed by a public employer on or after the applicable2
date of compliance.3
B. Compliance with verification requirements.4
(1) All private employers in Louisiana with more than two hundred fifty5
employees shall meet verification requirements not later than January 1, 2011.6
(2) All public employers in Louisiana shall meet verification7
requirements not later than July 1, 2011.8
(3) All employers in Louisiana shall meet verification requirements not9
later than January 1, 2012.10
SUBPART B. VERIFICATION REQUIREMENTS11
§998.3. Verification requirements for new hires12
A. Every employer, both public and private, in the state of Louisiana13
shall hire only employees who are legal citizens of the United States or who are14
legal aliens.15
B. Every employer shall comply with the following requirements:16
(1) All employers shall register with and utilize the status verification17
system to verify the federal employment authorization status of all newly hired18
employees.19
(2) No contractor or subcontractor shall hire any employee unless the20
contractor or subcontractor registers and participates in the status verification21
system to verify the federal work eligibility status of all newly hired employees.22
(3) No contractor or subcontractor who enters into a contract with a23
public employer shall enter into such a contract or subcontract unless the24
contractor or subcontractor registers and participates in the status verification25
system to verify the federal work eligibility status of all newly hired employees.26
§998.4. Verification by third party employers27
A. All third party employers that conduct business in Louisiana shall28
register to do business with the Louisiana Workforce Commission before29 SB NO. 67
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placing employees into the workplace in Louisiana.1
B. Third party employers shall provide proof of registration and any2
participation in the status verification system to any Louisiana employer with3
whom they do business.4
SUBPART C. PENALTIES, LIABILITIES, AND LIABILITY PROTECTIONS5
§998.5. Penalties and liabilities6
A. Compliance with this Part shall not exempt the employer, whether7
public or private, from regulations and requirements related to any federal laws8
or procedures related to employers.9
B. Employer liability shall be as follows:10
(1) Any employer violating the provisions of this Part shall be subject11
to cancellation of any state or public contract, resulting in ineligibility for any12
state or public contract for a period not to exceed three years.13
(2) Any employer violating the provisions of this Part shall be subject14
to the loss of any permit, license, certificate, or other document granted to the15
employer by any agency, department, or other government entity for the right16
to do business in Louisiana for a period not to exceed one year.17
(3) Any employer violating the provisions of this Part may be subject to18
penalties set forth in both Paragraphs (1) and (2) of this Subsection.19
C. Any contractor or employer shall be liable for any additional costs20
incurred by any agency or entity of the state of Louisiana, or any of its political21
subdivisions, because of the cancellation of the contract or loss of any license or22
permit to do business in the state.23
D. Any person or entity penalized under this Section shall have the right24
to appeal to the appropriate entity sanctioning the person or to the state district25
court of competent jurisdiction.26
E. The Louisiana Workforce Commission and the attorney general shall27
have the authority to seek penalties under this Part and to bring charges for28
noncompliance against any employer or employee.29 SB NO. 67
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F. Criminal liability for violation of this Part shall be as follows:1
(1) It shall be a felony for any person to accept or perform employment2
for compensation knowing or in reckless disregard that the person is an3
unauthorized alien with respect to employment during the period in which the4
unauthorized employment occurred.5
(2) Upon conviction, a violator shall be subject to imprisonment in the6
custody of the state for not less than one year and not more than five years, a7
fine of not less than one thousand dollars nor more than ten thousand dollars,8
or both.9
§998.6. Protections from liability10
There shall be no liability under this Part in the following circumstances:11
(1) An employer who hires an employee through a state or federal work12
program that requires verification of the employee's social security number and13
provides verification of the employee's legal presence in the United States in an14
employment-authorized immigration status.15
(2) Any person recommended for employment by the Louisiana16
Workforce Commission, if the commission has verified the social security17
number and provides for verification of the person's lawful presence in the18
United States in an employment-authorized immigration status.19
(3) Individual homeowners who hire workers on their private property20
for noncommercial purposes, unless required by federal law to verify the status21
of such a worker.22
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Mary Dozier O'Brien.
DIGEST
Present law (R.S. 23:991-996) provides relative to the hiring of aliens; however, present law
does not contain provisions regarding the use of the E-Verify system in hiring new
employees.
Proposed law provides for the "Employer Verification Act."
Proposed law provides definitions for the following terms: SB NO. 67
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1. Commission
2. Contractor
3. Employee
4. Employer
5. Legal alien
6. Private employer
7. Public employer
8. Status verification system
9. Subcontractor
10.Third party employer
Proposed law applies to any of these actions after the applicable date of compliance
contained in the legislation:
1. The hire of a new employee.
2. A contract executed between a private employer and a contractor for the physical
performance of services.
3. A contract with a third party employer.
4. An employment contract executed by a public employer.
Proposed law provides for a phase-in of compliance with the statute, as follows:
1. All employers in Louisiana with more than 250 employees-1/1/2011.
2. All public employers-7/1/2011.
3. All employers in Louisiana-1/1/2012.
Proposed law provides that all employers shall hire only legal citizens of the U.S. or legal
aliens.
Proposed law requires all employers to register with and utilize the status verification system
known as "E-Verify."
Proposed law provides that all third party employers who do business in Louisiana shall
register with the Louisiana Workforce Commission and provide proof of registration with
the status verification system, E-Verify.
Proposed law provides that an employer who violates the provisions of this statute shall be
subject to the cancellation of any state contracts and ineligibility for any public contracts for
a period not more than 3 years, shall be subject to losing any license, permit, certificate, or
other document issued by the state for not more than 1 year, or both.
Proposed law provides that any contractor or employer shall be responsible for any
additional costs incurred by the state or its political subdivisions for the cancellation of any
contract or the revocation of any license, permit, certificate, or other document. SB NO. 67
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Proposed law provides for appeal of any penalty provided in proposed law.
Proposed law invests the Louisiana Workforce Commission and the attorney with the right
to enforce the provisions of proposed law.
Proposed law provides for criminal sanctions for the employee who knowingly or with
reckless disregard violates proposed law.
Proposed law provides protections from liability if the prospective new hire has been
recommended for work through a state or federal work program, if the prospective new hire
has been recommended for work by the Louisiana Workforce Commission, and for
homeowners who hire workers for work noncommercial on private property, unless required
to verify by federal law.
Effective August 15, 2010.
(Adds R.S. 23:998-998.6)