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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2011
HOUSE BILL NO. 342
BY REPRESENTATIVES EDWARDS, ARMES, BALDONE, HENRY BURNS,
BURRELL, CARMODY, CHANDLER, DI XON, DOERGE, DOWNS,
ELLINGTON, GISCLAIR, GUILLORY, HARDY, HENRY, HILL, HINES,
HOFFMANN, HOWARD, JOHNSON, SAM JONES, KATZ, LANDRY, LEBAS,
LIGI, LITTLE, LORUSSO, MCVEA, MONTOUCET, POPE, RICHARD,
RICHARDSON, SMILEY, GARY SMITH, JANE SMITH, TALBOT, TEMPLET,
WHITE, WILLIAMS, AND WILLMOTT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC CONTRACTS: Provides for the verification of citizenship of employees engaged
in public contract work
AN ACT1
To enact R.S. 38:2212.10, relative to public contracts; to provide for the verification of2
employees engaged in public contract work; to provide for penalties; and to provide3
for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 38:2212.10 is hereby enacted to read as follows: 6
ยง2212.10. Verification of employees involved in public contract work7
A.(1) The legislature finds that when illegal immigrants are living in this8
state and are encouraged to reside here through the benefit of employment without9
verification of immigration status, the result is that the enforcement of federal10
immigration law is impeded and obstructed, the security of the nation's borders is11
undermined, and the privileges and immunities of the citizens of Louisiana are12
impermissibly restricted.13
(2) The legislature further finds that it is a compelling public interest of this14
state to discourage illegal immigration by requiring employers who do business with15
the state of Louisiana to cooperate fully with federal immigration authorities in the16
enforcement of federal immigration law.17 HLS 11RS-322 REENGROSSED
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B. For the purposes of this Section, the following terms shall mean:1
(1) "Legal alien" is a person who is or was lawfully present or permanently2
residing legally in the United States and allowed to work at the time of employment3
and remains so throughout the duration of that employment.4
(2) "Status verification system" means the electronic verification of work5
authorization program of the Illegal Immigration Reform and Responsibility Act of6
1996, 8 U.S.C. 1324(a), and operated by the United States Department of Homeland7
Security, known as the "E-Verify" program.8
C. A private employer shall not bid on or otherwise contract with a public9
entity for the physical performance of services within the state of Louisiana unless10
the private employer verifies in a sworn affidavit attesting to both of the following:11
(1) The private employer is registered and participates in a status verification12
system to verify that all employees in the state of Louisiana are legal citizens of the13
United States or are legal aliens.14
(2) The private employer shall continue, during the term of the contract, to15
utilize a status verification system to verify the legal status of all new employees in16
the state of Louisiana.17
D.(1) Any private employer violating the provisions of this Section shall be18
subject to cancellation of any public contract, resulting in ineligibility for any public19
contract for a period of not more than three years from the date the violation is20
discovered.21
(2) Any private employer shall be liable for any additional costs incurred by22
a public entity, occasioned by the cancellation of a contract or loss of any license or23
permit to do business in the state, as provided in this Subsection.24
(3) Any private employer penalized in accordance with this Section shall25
have the right to appeal to the appropriate agency, department, or other public entity26
sanctioning the employer or to a court of competent jurisdiction.27
(4) Any person, contractor, or employer who complies with the provisions28
of this Section shall not be civilly or criminally liable under state law for the hiring29 HLS 11RS-322 REENGROSSED
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of an unauthorized alien, as defined by 8 U.S.C. 1324(h)(3), if the information1
obtained in accordance with the status verification system indicated that the2
employee's federal legal status allowed the employer to hire that employee.3
(5) Any person, contractor, or employer who complies with the provisions4
of this Section shall not be civilly or criminally liable under state law for a refusal5
to hire an individual if the information obtained in accordance with the status6
verfication system indicated that the individual's federal legal status was that of an7
unauthorized alien, as defined in 8 U.S.C. 1324(h)(3).8
E. The provisions of this Section shall apply only to contracts entered into9
or bids offered on or after January 1, 2012.10
F. In the event the status verification system expires and extensions are not11
approved by the federal government, the provisions of this Section shall no longer12
apply.13
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)]
Edwards HB No. 342
Abstract: Provides that a private employer shall not bid on or contract with a public entity
unless the employer attests to the use of an immigration status verification system.
Proposed law provides for the definition of a "status verification system" as the electronic
verification of work authorization program of the Illegal Immigration Reform and
Responsibility Act of 1996, 8 U.S.C. 1324(a), and operated by the U.S. Dept. of Homeland
Security, known as the "E-Verify" program.
Proposed law provides for the definition of "legal alien" as a person who is or was lawfully
present or permanently residing legally in the U.S. and allowed to work at the time of
employment and remains so throughout the duration of that employment.
Proposed law provides that a private employer shall not bid on or otherwise contract with
a public entity unless the private employer verifies in a sworn affidavit attesting to both of
the following:
(1)The private employer is registered and participates in a status verification system to
verify that all employees in the state of La. are legal citizens of the U.S. or are legal
aliens.
(2)The private employer must continue, during the term of the contract, to utilize a
status verification system to verify the legal status of all new employees in the state
of La. HLS 11RS-322 REENGROSSED
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are additions.
Proposed law provides that any private employer found to be in violation of the provisions
of proposed law shall be subject to cancellation of any public contract, resulting in
ineligibility for any public contract for a period of not more than three years from the date
the violation is discovered.
Proposed law further provides that the private employer shall be liable for any additional
costs incurred by a public entity, occasioned by the cancellation of a contract or loss of any
license or permit to do business in the state.
Proposed law provides that a private employer penalized in accordance with proposed law
shall have the right to appeal to the appropriate agency, department, or other public entity
sanctioning the person or to the court of competent jurisdiction.
Proposed law provides that any person, contractor, or employer who complies with the
provisions of this Section shall not be civilly or criminally liable under state law for the
hiring of an unauthorized alien, as defined by 8 U.S.C. 1324(h)(3), if the information
obtained in accordance with the status verification system indicated that the employee's
federal legal status allowed the employer to hire that employee.
Proposed law provides that any person, contractor, or employer who complies with the
provisions of this Section shall not be civilly or criminally liable under state law for a refusal
to hire an individual if the information obtained in accordance with the status verfication
system indicated that the individual's federal legal status was that of an unauthorized alien,
as defined in 8 U.S.C. 1324(h).
Proposed law applies only to contracts entered into or bids offered on or after Jan. 1, 2012.
Proposed law provides that in the event the status verification system expires and extensions
are not approved by the federal government, the provisions of proposed law shall no longer
apply.
(Adds R.S. 38:2212.10)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Transportation, Highways
and Public Works to the original bill.
1. Made technical changes.
2. Provided for the definition of "legal alien" as a person who is or was lawfully
present or permanently residing legally in the U.S. and allowed to work at the
time of employment and remains so throughout the duration of that employment.
3. Immuned employers from civil or criminal liability under certain circumstances.
House Floor Amendments to the engrossed bill.
1. Revised proposed law to apply to "all employees" in the state of La., instead of
just "new employees".
2.Revised the proposed law to require the continued verification of all "new
employees in the state of La."