HOUSE BILL No. 4730

 

 

June 8, 2017, Introduced by Reps. Hammoud, LaGrand, Geiss, Chang, Love, Neeley, Gay-Dagnogo, Sabo, Cochran, Rabhi, Wittenberg, Byrd, Sowerby, Moss and Jones and referred to the Committee on Commerce and Trade.

 

     A bill to prohibit public employers from entering into

 

contracts that require electronic verification of work

 

authorization; to prohibit employers from entering into contracts

 

with public employers that require electronic verification of work

 

authorization; to create duties and responsibilities for certain

 

state and local departments, agencies, and officers; and to provide

 

remedies and prescribe penalties.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the "work

 

accessibility act".

 

     Sec. 3. As used in this act:

 

     (a) "E-verify" means the electronic verification of work

 

authorization program of 8 USC 1324a that is operated by the United

 

States Department of Homeland Security or any equivalent federal

 

work authorization program operated by the United States Department

 

of Homeland Security or any other designated federal agency

 

authorized to verify the documentation of newly hired employees,

 

pursuant to the immigration reform and control act of 1986, PL 99-

 

603.

 

     (b) "Employer" means a person who employs for compensation 10

 

or more individuals at 1 time during the calendar year.

 

     (c) "Public employer" means a department, agency, or

 

instrumentality of this state or a political subdivision of this

 

state.

 

     (d) "Subcontractor" includes a subcontractor, contract

 

employee, staffing agency, and a contractor.

 

     Sec. 5. (1) A public employer shall not register or

 

participate in the E-verify program.

 

     (2) A public employer shall not enter into a contract for the

 

performance of services within this state that requires a

 

subcontractor to register or participate in the E-verify program.

 

     (3) A subcontractor shall not enter into a contract or

 

subcontract with a public employer concerning the performance of

 

services within this state that requires the subcontractor to

 

register with or participate in the E-verify program.

 

     Sec. 7. An individual who willfully and repeatedly violates

 

this act is responsible for a state civil infraction and shall be

 

ordered to pay a civil fine of not less than $100.00 and not more

 

than $1,000.00 per violation.

     Sec. 9. (1) A subcontractor that violates section 5(3) is

 

debarred from contracting with any public body in this state for a

 

period of 1 year from the date of the final determination of that

 

violation by a public body or court of law.

 

     (2) A public employer shall immediately terminate for default

 

the contract of a subcontractor found to have violated section

 

5(3).

 

     (3) An employer who has complied with section 5(3), including

 

cooperation with the investigation of an alleged violation by a

 

subcontractor, is not subject to the sanctions under this section

 

for a subcontractor.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.