ENROLLED
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ACT No. 376
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, HI LL, HINES,
HOFFMANN, HOWARD, JOHNSON, SAM JONES, KATZ, LANDRY, LEBAS,
LIGI, LITTLE, LORUSSO, MCVEA, MONTOUCET, POPE, RI CHARD,
RICHARDSON, SMILEY, GARY SMITH, JANE SMITH, TALBOT, TEMPLET,
WHITE, WILLIAMS, AND WILLMOTT AND SENATOR NEVERS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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
B. For the purposes of this Section, the following terms shall mean:18
(1) "Legal alien" is a person who is or was lawfully present or permanently19
residing legally in the United States and allowed to work at the time of employment20
and remains so throughout the duration of that employment.21 ENROLLEDHB NO. 342
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(2) "Status verification system" means the electronic verification of work1
authorization program of the Illegal Immigration Reform and Immigrant2
Responsibility Act of 1996, 8 U.S.C. 1324(a), and operated by the United States3
Department of Homeland Security, known as the "E-Verify" program.4
C. A private employer shall not bid on or otherwise contract with a public5
entity for the physical performance of services within the state of Louisiana unless6
the private employer verifies in a sworn affidavit attesting to both of the following:7
(1) The private employer is registered and participates in a status verification8
system to verify that all employees in the state of Louisiana are legal citizens of the9
United States or are legal aliens.10
(2) The private employer shall continue, during the term of the contract, to11
utilize a status verification system to verify the legal status of all new employees in12
the state of Louisiana.13
(3) The private employer shall require all subcontractors to submit to the14
employer a sworn affidavit verifying compliance with Paragraphs (1) and (2) of this15
Subsection.16
D.(1) Any private employer violating the provisions of this Section may be17
subject to cancellation of any public contract, resulting in ineligibility for any public18
contract for a period of not more than three years from the date the violation is19
discovered.20
(2) Any private employer shall be liable for any additional costs incurred by21
a public entity, occasioned by the cancellation of a contract or loss of any license or22
permit to do business in the state, as provided in this Subsection.23
(3) Any private employer penalized in accordance with this Section shall24
have the right to appeal to the appropriate agency, department, or other public entity25
sanctioning the employer or to a court of competent jurisdiction.26
(4) Any person, contractor, or employer who complies with the provisions27
of this Section shall not be civilly or criminally liable under state law for either28
hiring or retaining in its employ an unauthorized alien, as defined by 8 U.S.C.29
1324a(h)(3), if the information obtained in accordance with the status verification30 ENROLLEDHB NO. 342
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system indicated that the employee's federal legal status allowed the employer to hire1
that employee.2
(5) Any person, contractor, or employer who complies with the provisions3
of this Section shall not be civilly or criminally liable under state law for a refusal4
to either hire or retain an individual in its employ if the information obtained in5
accordance with the status verfication system indicated that the individual's federal6
legal status was that of an unauthorized alien, as defined in 8 U.S.C. 1324a(h)(3).7
(6) No person, contractor, or employer shall be penalized under the8
provisions of this Section for the actions of a subcontractor unless such person,9
contractor, or employer had actual knowledge of such subcontractor's failure to10
comply with the provision of this Section.11
E. The provisions of this Section shall apply only to contracts entered into12
or bids offered on or after January 1, 2012.13
F. In the event the status verification system expires and extensions are not14
approved by the federal government, the provisions of this Section shall no longer15
apply.16
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: