HLS 11RS-644 ORIGINAL
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are additions.
Regular Session, 2011
HOUSE BILL NO. 175
BY REPRESENTATIVE TALBOT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
EMPLOYMENT: Requires employers to use the E-Verify program to verify the citizenship
status of applicants
AN ACT1
To amend and reenact R.S. 23:991, 992, 992.2, 995(A), and 996(A) and (B) and to enact2
R.S. 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(A), and 996(A) and (B) are hereby amended11
and 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 11RS-644 ORIGINAL
HB NO. 175
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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 employees,4
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
8 U.S.C. 1324(a), and operated by the United States Department of Homeland14
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 8 U.S.C.28
1324(a)(h)(3).29 HLS 11RS-644 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. Every contract entered into between a public agency and a private23
employer shall be deemed to include a provision that authorizes the public agency24
to cancel the contract if the private employer does not participate in the status25
verification system as required by this Part.26
G. For two years, the Louisiana Workforce Commission shall provide27
training and instructions regarding the completion of the registration process for the28 HLS 11RS-644 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 pursuant to7
the provisions of this Part upon a showing that each and every person in his employ8
has he has verified the employment eligibility of an employee using a status9
verification system provided for in R.S. 23:991.1. Any private or public employer10
who relies in good faith on the status verification system to determine an employee's11
eligibility to work shall be immune from liability or suit resulting from any12
nonconfirmation of an applicant's work eligibility. provided a picture identification13
and one of the following documents of which the employer has retained a copy for14
his records:15
(1) United States birth certificate or certified birth card.16
(2) Naturalization certificate.17
(3) Certificate of citizenship.18
(4) Alien registration receipt card.19
(5) United States immigration form I-94 (with employment authorized20
stamp).21
§992.3. Investigation22
The Louisiana Workforce Commission shall accept, review, and investigate23
in a timely manner any credible complaint that a public or private employer has24
violated the provisions of this Part. The executive director shall verify the work25
authorization status of the employees using a status verification system provided for26
in R.S. 23:991.1 and notify the public or private employer of the results. The public27
or private employer shall immediately terminate an employee whose work28
authorization was not verified. After a complete investigation conducted by the29 HLS 11RS-644 ORIGINAL
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Louisiana Workforce Commission and a finding that an employer in Louisiana has1
failed to verify the work authorization of an employee by using a status verification2
system, the executive director shall notify the attorney general or district attorney in3
the parish in which the employer is domiciled of such action.4
* * *5
§995. Civil penalties6
A. No person, either for himself or on behalf of another, private or public7
employer shall employ, hire, recruit, or refer, for private or public employment8
within the state, an unauthorized alien or contract, subcontract, or otherwise enter9
into any contractual agreement to obtain the labor of an unauthorized alien who is10
not entitled to lawfully reside or work in the United States.11
* * *12
§996. Cease and desist order; injunctive relief13
A. An agency, department, board, or commission of the state or any political14
subdivision may notify the attorney general or the district attorney that the agency15
has determined, after an investigation initiated by the agency or by a private party's16
written complaint to the agency, that an employer who operates a Louisiana business17
or enterprise is knowingly employing an undocumented unauthorized alien in18
violation of this Chapter.19
B. The attorney general or district attorney in the parish in which the20
employer is domiciled or in the parish in which the violation occurred is empowered21
to issue an order to the employer engaged in the activity constituting the violation22
of the provision of this Chapter directing such employer to cease and desist from23
such activity and to discharge from employment, for cause, the undocumented24
workers unauthorized alien. Such order shall be issued in the name of the state of25
Louisiana under the official seal of the attorney general or the official seal of the26
district attorney and shall be served where the employer is domiciled in the state of27
Louisiana or the employer's registered agent in the state of Louisiana.28
* * *29 HLS 11RS-644 ORIGINAL
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Section 2. The provisions of this Act shall not apply to any existing employees who1
were hired prior to January 1, 2012. The provisions of present law shall remain in full effect2
and apply to all existing employees hired prior to January 1, 2012.3
Section 3. The provisions of this Act shall not apply to any contract entered into4
prior to January 1, 2012.5
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)]
Talbot HB No. 175
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 for the regulation of employment relations in order to
protect workers and that the state police, sheriffs, and local police as well as the Louisiana
Workforce Commission (LWC) shall enforce the provisions of present law as applicable.
Proposed law retains present law and adds a provision that requires the LWC work with state
police and local police departments to enforce the law.
Proposed law provides for definitions.
Present law (R.S. 23:992) prohibits any person from hiring an alien who is not entitled to
lawfully reside or work in the U.S.
Proposed law expands present law to prohibit any employer from entering into any
contractual agreement to obtain the labor of an unauthorized alien who is not entitled to
lawfully reside or work in the U.S.
Proposed law requires every employer to register with and utilize a status verification system
to verify the federal employment authorization status of all new employees.
Proposed law prohibits certain employers from entering into a contract with any party who
does not utilize a status verification system to verify the legal working status of all new
employees.
Proposed law further requires a public employer to cancel any contract with a private
employer who has not participated in the status verification system.
Proposed law requires that the LWC provide training and instruction for two years for the
federal e-verify system and for any other status verification systems.
Proposed law shall be exercised without regard to race, religion, ethnicity, or national origin.
Present law (R.S. 23:992.2) prohibits prosecution if employees have provided a picture
identification and one of several certain other identification documents. HLS 11RS-644 ORIGINAL
HB NO. 175
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are additions.
Proposed law repeals the requirement for the employer to retain identification documentation
and requires that the employer verify employment eligibility by using a status verification
system.
Proposed law provides immunity from liability to any 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 investigate complaints of violations and
the executive director of the LWC to verify the work verification status of employees who
are employed with the employer against whom the complaint was alleged.
Proposed law requires the employer to terminate any employee whose work status could not
be verified by the director.
Proposed law requires that after a complete investigation that reveals that the employer
failed to utilize the status verification system, the executive director of LWC shall notify the
attorney general or district attorney.
Present law (R.S. 23:995) prohibits any person from hiring an alien who is not entitled to
lawfully reside or work in the U.S.
Proposed law expands present law by prohibiting any employer from hiring an unauthorized
alien or enter into any contractual agreement to obtain the labor of an alien who is not
entitled to lawfully reside or work in the U.S.
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 to issue a cease and desist
order for violations of law and requires the termination of undocumented workers.
Proposed law changes the term "undocumented worker" to "unauthorized alien".
Proposed law provides that the provisions of proposed law shall only apply to employees
hired on or after Jan. 1, 2012, and to contracts entered into on or after Jan. 1, 2012.
(Amends R.S. 23:991, 992, 992.2, 995(A), and 996(A) and (B); Adds R.S. 23:991.1 and
992.3)