Require certain construction industry employers to use E-verify
Impact
The impact of HB 246 on state laws primarily revolves around the enforcement of employment eligibility verification procedures within the construction industry. By instituting penalties for those who fail to comply, including fines up to $25,000 for violations and disqualification from bidding on state contracts for up to two years, the bill aims to reduce the prevalence of unauthorized workers in the labor force. Furthermore, that the attorney general will be tasked with monitoring compliance and enforcing the provisions of the bill adds a layer of accountability for contractors and labor brokers.
Summary
House Bill 246, also known as the E-Verify Workforce Integrity Act, mandates that certain construction industry employers, specifically nonresidential construction contractors, subcontractors, and labor brokers, utilize the E-Verify program to verify the employment eligibility of their employees. This legislation aims to ensure compliance with federal employment laws by requiring that all employees hired to work on nonresidential construction projects are validated for their legal working status. According to the bill, contractors and subcontractors must maintain records of the verification for a minimum of three years or until one year after employment ends, whichever is longer.
Sentiment
The sentiment around HB 246 appears to be largely supportive among lawmakers who prioritize immigration compliance and workforce integrity. Proponents argue that implementing E-Verify in the construction sector is essential for legal employment and securing jobs for citizens. In contrast, some opposition may arise from concerns regarding increased administrative burdens on small contractors and the potential for misapplication of employment verification processes, which could lead to unfair employment practices.
Contention
Notable points of contention surrounding HB 246 include its potential implications on small businesses that may struggle with the administrative demands of E-Verify compliance. Concerns have also been raised about the possible adverse effects on labor availability if workers are wrongfully deemed ineligible due to errors in the E-Verify system. Moreover, questions regarding the adequacy of safeguards against discrimination in enforcement actions could emerge, particularly if complaints of violation lead to stricter scrutiny over contractors, potentially affecting their operations and hiring practices.