Requires verification of legal work status of employees by private employers seeking to contract with state agencies. (8/15/11) (REF NO IMPACT GF EX See Note)
Impact
If enacted, SB66 would significantly alter the legal landscape surrounding public contracting in Louisiana. The proposed law requires that all costs associated with the utilization of the status verification system be borne by the employers themselves, which could pose financial considerations for many companies. By embedding the responsibility of verification into the contracting process, the bill aims to deter illegal employment practices and promote legal compliance among contractors, thus aligning state expenditures with legal workforce practices.
Summary
Senate Bill 66 (SB66) mandates that private employers must verify the legal work status of employees before contracting with state agencies. The bill stipulates that any employer seeking to bid for state projects must attest in a sworn affidavit that they are registered with and utilizing a status verification system, specifically the E-Verify program, during the employment of new workers. This measure aims to ensure that public funds are not employed in support of unauthorized workers, reinforcing a long-standing legislative goal to uphold immigration laws within the state.
Sentiment
The sentiments surrounding SB66 are mixed. Proponents argue that it provides a necessary framework for ensuring that government funds are not spent on contractors employing undocumented workers. They assert that such verification systems create a fairer environment for law-abiding employers. Conversely, critics of SB66 express concerns that the bill could inadvertently lead to discrimination against potential employees based on perceived immigration status. Additionally, the financial burden of verification on employers could limit the competitiveness of smaller businesses in bidding for state contracts.
Contention
Notable points of contention include the potential penalties stipulated for violations, which include the cancellation of contracts and a prohibition from future state contracting for up to three years. Critics argue that these punitive measures could disproportionately affect smaller employers who might struggle with the verification processes, thereby limiting their access to governmental contracts. Furthermore, the provision ensuring that compliant employers are not legally liable for inadvertent hiring of unauthorized workers adds a layer of complexity to the accountability dynamics within employment law.
Relating to employment practices of governmental entities, state contractors, and private employers in this state regarding the legal status of employees, including requiring participation in the federal electronic verification of employment authorization program, or E-verify program, and authorizing the suspension of certain licenses held by private employers for certain conduct in relation to the employment of persons not lawfully present.