E-Verify Federal and State Legislation: LawLogix

Jurisdiction (Federal/State)	Effective Date	Employers Impacted	Penalties for Non-Compliance	Official Link
Federal	September 8, 2009	All Federal contractors and their sub contractors (paid over $3,000) will need to use E-Verify to confirm that all of their new hires and their current employees working directly on federal contracts are authorized to legally work in the United States. How GUARDIAN^SM can help	Ineligibility to receive and/or loss of federal contracts.	Amended Executive Order 12989 (Executive Order 13465) USCIS Press Release Federal Register Final Rule
Arizona	January 1, 2008	All Arizona employers must participate in E-Verify after December 31, 2007.	Penalties effective March 1, 2008 First offense - Temporary AZ business license suspension for 10 days. Second offense - Permanent AZ business license suspension.	HB 2779 HB 2745
Arkansas	July 1, 2009	State agencies will have to use E-Verify for all new employees. Contractors and subcontractors are prohibited from entering into new contracts for services within the state after July 1, 2009 unless they register and participate in E-Verify to verify information of each new employee.	If a contractor is found to have employed unauthorized workers, the state shall require the contractor to remedy the violation within sixty (60) days. If the contractor does not remedy the violation within the sixty (60) days specified under subdivision, the state shall terminate the contract for breach of the contract. (HB1024)	HB 1024-Act 157 HB 1093
Colorado	August 7, 2006; amended on May 13, 2008	All employers with a Colorado state agency or political subdivision contract.	HB 1023: Ineligibility to receive contracts for state agencies, departments and instrumentalities of the state. As part of a series of bills designed to combat illegal immigration in the state of Colorado, HB 06S-1020 is poised to go into effect on January 1, 2008. The bill essentially bars businesses from claiming the wages or remunerations paid to unauthorized alien workers, including independent contractors, for labor as a tax deductible expense on their state income tax returns.	HB 06S-1023 HB 06S-1020 HB 06-1343
Georgia	July 1, 2007	Public employers and any contractors and subcontractors to a public employer. Employers with 500+ employees must register by July 1, 2007, Employers with 100+ employees by July 1, 2008, and all public employers must be registered by July 1, 2009.	Ineligibility to receive and/or loss of state contracts.	06 SB529
Idaho	July 1, 2009	All state agencies. State agencies shoud use procedures to verify and ensure that all new employees with any agency of the State of Idaho are eligible for employment under federal and state law.	Penalties for an employer who knowingly and willfully fails to confirm that an employee is eligible to work in the United States or knowingly and willfully employs a person who cannot legally work in this country may include immediate cancellation of the contract, reversion of unspent public funds, and monetary penalties. After July 1, 2009, every contract by a state agency for a state project or service performed for the State of Idaho shall include appropriate civil penalties for violating this executive order.	EO_2006-40 EO_2009-10
Indiana	September 30, 2009 The bill passed the Indiana Senate and will move to the State House for further action	State and local governments, and their contractors, will have to use the federal E-Verify system to check the employment eligibility of new hires. Some private employers also would be required to use E-Verify	A contractor of a public contract for services may terminate a contract with a subcontractor if the subcontractor employs unauthorized aliens or contracts with them.	SB 580
Minnesota	January 29, 2008	State Contract Vendors and Employers Receiving Business Subsidies.	Ineligibility to receive a state contract(s).	Governor's Press Release
Mississippi	July 1, 2008	From and after July 1, 2008: All state agencies, departments, and political subdivisions, all employers who have contracts with the State of Mississippi, or with its departments, agencies, political subdivisions, all third-party employers, and any person or company using a third-party employer. After January 1, 2009: All other employers who do business in Mississippi.	"It shall be a felony for any person to accept or perform employment for compensation knowing or in reckless disregard that the person is an unauthorized alien with respect to employment during the period which the unauthorized employment occurred. Upon conviction, a violator shall be subject to imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than five (5) years, a fine of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), or both."	SB 2988
Missouri	January 1, 2009	All public employers, any business with a state contract or grant in excess of $5,000 or any business receiving state-administered or subsidized tax credit, tax abatement or loan from the state are to participate in E-Verify or other federal work authorization programs.	Possible Ineligibility to receive contract(s), subsidized tax credits, tax abatement and/or loans.	HB 1549
Nebraska	October 1, 2009	Public entities, contractors for public projects, and businesses qualifying for state tax incentive programs will be required to verify legal status of newly-hired employees using the federal E-Verify system. Private employers are not affected, unless they are doing contract work for the state or receiving state economic incentives, but, Gov. Dave Heineman said: "If LB 403 confirms that E-Verify is effective and accurate, I support expanding its use to all private businesses".	Possibly not eligible for state contract work and/or receiving state economic incentives.	LB 403
North Carolina	January 1, 2007	All state agencies, offices, and universities. This statute applies to employees hired on or after January 1, 2007, except for employees of local education agencies hired on or after March 1, 2007.	No penalty specified.	NC OSP E-Verify FAQ
Oklahoma	Originally November 1, 2007 - *On June 4, 2008, the U.S. District Court for the Western District of Oklahoma issued an injunction barring the state from enforcing the state's E-Verify law. The injunction will prevent Oklahoma from enforcing the law until a final decision is reached on whether the Oklahoma law should be invalidated because it is preempted by federal law. Oklahoma has appealed the district court’s decision.	Requires state and local government agencies and private employers with government contracts to check the immigration status of newly hired employees. Public employers must use the E-Verify beginning Nov. 1, 2007. Contractors have until July 1, 2008 to begin screening newly hired employees.	Ineligibility to receive a state contract(s).	HB 1804
Rhode Island	March 27, 2008 The Rhode Island House of Representatives passed a mandatory E-Verify bill on May 12, 2009. The measure now goes to the state Senate.	Requires the state’s executive branch and all persons and businesses, including grantees, contractors, sub-contractors and vendors doing business with the state of Rhode Island to register and use E-Verify. The new bill requires also private employers to use E-Verify.	Ineligibility to enter into a state contract(s).	Execut. Order No. 08-01 (RI 2008)
South Carolina	Jan. 1, 2009	On and after January 1, 2009, with respect to contractors, subcontractors, or sub-subcontractors of 500 or more employees. On and after July 1, 2009, with respect to contractors, subcontractors, or sub subcontractors of 100 or more employees but less than 500 employees; and On and after January 1, 2010, with respect to all other contractors, subcontractors or subsubcontractors.	Ineligibility to enter into a state contract(s).	H 4400
Utah	July 1, 2009	Public entities and public contractors. Requires public entities to participate in E-Verify or a similar employment verification system and forbids public employers who do not participate in an employment verification system from entering into contracts with contractors .	Ineligibility to enter into a state contract(s).	SB 81

Jurisdiction
(City/County)

Effective Date

Employers Impacted

Penalties for Non-Compliance

Official Link

CA -
Mission Viejo

July 1, 2007

City ordinance requires that the city and requested employers with city contracts verify the eligibility of new employees through E-Verify.

Ineligibility to enter into a city contract(s).

Ordinance 07-260

OR -
Columbia
County

Originally February 2, 2009.
On January 30, 2009 Columbia County Circuit Court Judge Ted E. Grove issued a preliminary injunction that will prevent Measure 5-190 from taking effect on February 2, 2009. The injunction will prevent Columbia County from enforcing Measure 5-190 until a final decision is reached.

If implemented, the Measure would require all county employers to use E-Verify and would make it illegal for any employer in Columbia County to knowingly or intentionally hire unauthorized aliens. The Measure sets out a system of penalties and procedures for enforcement.

First violation - $10,000 fine.

Second violation - Columbia County Board of Commissioners must seek to revoke the employer's business licenses and permits.

Columbia County Ballot Measure 5-190

States with Laws Emphasizing Employment Verification

State	Effective Date	Employers Impacted	Law Description	Official Link
Iowa	May 29, 2007	All businesses that receive state economic development grants.	SB 562 Businesses that receive state econmic development grants must certify that all new employees are authorized to work in the United States.	SB562
Massachusetts	Feb. 23, 2007	All contractors doing business with an Executive Branch Agency.	Executive Order 481 All Executive Branch contracts entered into after the effective date of this Order shall require contractors to certify, as a condition of receiving Commonwealth funds under the contract, that they shall not knowingly use undocumented workers.	Executive Order 481
Nevada	June 2, 2007	All employers.	AB 383 Provides administrative fines for those business licensees that are found to employ illegal aliens. This bill also requires verification of an employee's social security number.	AB 383
New Hampshire	May 19, 2006	All employers.	HB 1278 This bill increases the fine for violating certain labor laws that protect the jobs of citizens from $1,000 to $2,500 per day. Any person, partnership, agency, firm, or corporation violating any provision of RSA 275-A shall be subject to a civil penalty of up to $2,500 for each day of noncompliance, to be imposed by the labor commissioner in accordance with the procedures established in RSA 273:11-a. Any person aggrieved by the commissioner’s assessment of such penalty may appeal in accordance with RSA 273:11-b.	HB 1278
Pennsylvania	May 11, 2006	State employers.	HB 2319 Prohibits state contractors from knowingly employing, or knowingly permitting their subcontractors to employ, undocumented workers. It is an affirmative defense to the violation if the employer establishes that it has required the contractor to certify compliance with the Immigration Reform Control Act of 1986 and has notified the appropriate federal authority upon learning of the violation
Tennessee	January 1, 2008	All employers.	HB 729 Tennessee employers that knowingly hire illegal immigrants or fail to adequately check their status of illegal immigrants could have their business license suspended for 1 year.	HB 729
Texas	June 15, 2007	Employers applying for a business subsidy.	HB 1196 Relates to restrictions on the use of certain public subsidies to employ undocumented workers. It provides that a public agency, state or local taxing jurisdiction, or economic development corporation shall require a business that submits an application to receive a public subsidy to include in the application a statement certifying that the business, or a branch, division, or department of the business, does not and will not knowingly employ an undocumented worker.	HB 1196
Virginia	March 12, 2008	Certain business entities, including foreign and domestic corporations, limited liability companies, business trusts, and limited partnerships.	HB 926 States that the corporate existence of a corporation may be terminated involuntarily by order of the Commission when it finds that the corporation (i) has continued to exceed or abuse the authority conferred upon it by law; (ii) has failed to maintain a registered office or a registered agent in this Commonwealth as required by law; or (iii) has failed to file any document required by this chapter to be filed with the Commission; or (iv) has been convicted for a violation of 8 U.S.C. § 1324a(f), as amended, for actions of its officers and directors constituting a pattern or practice of employing unauthorized aliens in the Commonwealth.	HB 926
	March 12, 2008	Public agencies and public contractors.	HB 928 Requires that every public body shall register and participate in a federal work authorization program to verify information on all new employees. No public body shall enter into a contract for the provision of goods, services, or construction that will be produced or performed within the Commonwealth unless the contractor registers and participates in a federal work authorization program to verify information on all new employees.	HB 928
	March 12, 2008	State contractors.	HB 1298/SB 517 Requires that all public bodies provide in every contract that the contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.	HB 1298/SB 517
West Virginia	April 3, 2007	Private employers only.	SB 70 - Chapter 144 Employers shall be required to verify a prospective employee's legal status or authorization to work prior to employing the individual or contracting with the individual for employment services. The law also provides for penalties for employing unauthorized workers, including fines, jail sentences, and revocation of business licenses.	SB 70 - Chapter 144