Under the law, All Alabama employers must enroll in E-Verify by April 1, 2012 and verify the work eligibility of all new hires. Employers must attest to not employing an unauthorized alien as a condition of being awarded any government contract, grant or incentive.

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

October 9, 2011

On October 9, 2011, Governor Jerry Brown of California signed into law Assembly Bill 1236 “the Employment Acceleration Act of 2011,” which prohibits the state of California and any of its cities, counties, or special districts from requiring an employer (other than a government entity) to use E-Verify as a condition of receiving a government contract, applying for or maintaining a business license, or as a penalty for violating licensing or other similar laws. California employers are still free to use E-Verify on a voluntary basis or as required by federal contracts.
The following local/municipal E-Verify laws are nullified where indicated below:

None Specified.

All contractors under agreement with the City must participate in the IMAGE program and utilize E-Verify in their hiring practices

All contract vendors must certify utilization of the E-Verify system to confirm employment eligibility of the vendor’s newly hired employees’ legal right to work in the United States.

Ordinance 1279 requires that after hiring an employee, every employer should verify the employment eligibility of the employee through the E-Verify program.

Ordinance Bill No. 11-017 requires that after hiring an employee, every employer doing business in the City verify the employment eligibility of the employee through the E-Verify program.

Ordinance 934 requires that after hiring an employee, every employer verify the employment eligibility of the employee through the E-Verify program.

Nullified by State Law
All employers.

Ordinance amending Chapter 5.04 of the Murrieta Municipal Code

City Council passed bill requiring all business owners to verify the eligibility of new employees through E-Verify as a condition of obtaining a business license.

First violation – Warning and a fine not to exceed $100.

Second violation – Suspension of business license for period of three months and fine not to exceed $200.

Third violation – Revocation of business license for a period of one year and a fine not to exceed $500.

Nullified by State Law
Public contracts exceeding $50,000

Ordinance No. 1333 requires all contractors and subcontractors entering into or renewing a public contract for services with the city for an amount exceeding $50,000 to verify the eligibility of new employees through the E-Verify program.

Termination of public contract for services and imposition of penalties or liquidated damages

Nullified by State Law
Certain Public Contracts with the City of Simi Valley.

Ordinance No. 1166 requires all contractors entering into or renewing a public contract for services with the city to verify the eligibility of new employees through the E-Verify program.

Termination of public contract for services and imposition of penalties or liquidated damages.

Nullified by State Law
All employers.

Ordinance No. 10 requires all businesses in the City of Temecula to use the E-Verify System to verify newly hired workers.

Revocation or denial of renewal of a business license certificate.

Nullified by State Law
All City Contractors shall enroll in the E-Verify program and provide the City documentation affirming its enrollment and participation in the program.

None specified.

The law allows for on-site inspections by the DOLE to investigate whether a contractor is complying with the immigration-related provisions of the public contract. The state agency or political subdivision must terminate the contract if a contractor violates the immigration-related provisions and must notify the Secretary of State. The Secretary of State must maintain a list including information about the contractor, the agency or political subdivision that it contracted with, and the date the contract was terminated.

Colorado Rev. Stat. § 8-17.5-101 & 102

Illegal Aliens – Public Contracts for Services

HB 06-1343 as amended by HB 07-1073 and SB 08-193

All employers with a public contract for services with the city of Denver or a contract or a purchase authorization with the city for construction, alteration, improvement, repair, maintenance or demolition of any public building or public work by or on behalf of the city.

The city may terminate the contract, and the contractor shall be liable for actual and consequential damages to the city. Any such termination of a contract due to a violation may also, at the discretion of any city department or agency responsible for soliciting contract bids and proposals, constitute grounds for disqualifying the violator from submitting bids or proposals for future contracts with the city.

May 27, 2011 (Executive Order 11-116 superseding 11-02)

January 4, 2011 (Executive Order 11-02)

State agencies, contractors and subcontractors. Executive Order 11-116 signed by Governor Scott on May 27, 2011.

All agencies under the direction of the Governor must:

(1) Verify the employment eligibility of all new agency employees through the E-Verify system
(2) Include an express requirement that state contractors utilize the E-Verify system for all new employees hired by the contractor during the contract term
(3) Include an express requirement that contractors require their subcontractors to utilize the E-Verify system for all new employees hired by the subcontractor during the contract term.

This order supersedes Executive Order 11-02 (signed on January 4, 2011), which required state agencies, contractors and subcontractors to verify the employment eligibility of all current and prospective employees.

None specified

Office of the Governor Executive Order 11-116 Superseding 11-02

Office of the Governor Executive Order No. 11-02

Any vendor or contractor providing services to the City must use E-Verify to verify the employment authorization of any person hired during the contract term by the contractor and assigned by the contractor to perform work for the City.

Exemptions: (1) contracts for services below $5,000; (2) contracts for a single performance to be completed in less than 30 days; or (3) service provider provides an affidavit that they are an individual and no one else will be hired to perform the work.

Prohibition for contracting with the City for a period of one year.

Contractors and subcontractors.

Contractors and subcontractors doing business with Hernando County will be committed to use E-Verify to check the employment eligibility of all new hires.

Specific penalties have not been announced, but the Board has indicated that contractors and subcontractors who fail to use E-Verify could be denied future county projects.

January 1, 2012 (HB 87 E-Verify requirements)

July 1, 2007 (SB 529)

Public employers, contractors and subcontractors to a public employer and as of May 13, 2011 pursuant to HB 87 — The Illegal Immigration Reform and Enforcement Act of 2011 all private employers according to the following phased- in schedule:

On or before January 1, 2012:

Private employers with 500 or more employees must E-Verify all new hires

On or before July 1, 2012:
Private employers with more than 100 but fewer than 500 employees must E-Verify all new hires

July 1, 2009:
All public employers.

On or before July 1, 2013:

Private employers with between 11 and 99 employees must E-Verify all new hires

(Private employers with 10 or fewer employees are exempt from the E-Verify requirement.)

Issuance and renewal of a state, county, or municipal business license shall be contingent upon the employer’s registration with E-Verify.

Persons acting in willful violation of the law by knowingly accepting identification documents that are not secure and verifiable shall be guilty of a misdemeanor and subject to imprisonment not to exceed 12 months, a fine not to exceed $1,000.00 or both.

HB 87 – Illegal Immigration Reform and Enforcement Act of 2011

06 SB529

The County shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall provide evidence that it and Contractor’s subcontractors have within the previous twelve (12) month period used E-Verify of all employees who will perform work on the County contract.

Termination of the contract and liability for all damages and delays occasioned by the County.

All state agencies.

State agencies should 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

Act 096-0623

Illinois Employers are not anymore prohibited from enrolling in the E-Verify Program, they can voluntarily use it.

The Right to Privacy in the Workplace Act 096-0623 nevertheless stipulates that prior to choosing to voluntarily enroll in the E-Verify Program, employers are urged to consult the Illinois Department of Labor’s website for current information regarding the accuracy of the program. Additionally, employers are encouraged to review and understand their legal responsibilities relating to the use of the E-Verify Program.

Public Act 096-0623 also requires an employer using the E-Verify Program to attest on this form.

July 1, 2011

Indiana General Assembly Bill SB 590 signed by Governor Mitch Daniels

State and local governments, and their contractors, will have to use the federal E-Verify system to check the employment eligibility of new hires.

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.

Private employers are not required to use E-verify but will not be able to deduct employee wages from their state income taxes if they do not enroll.

href=”http://www.in.gov/legislative/bills/2011/SCCP/CC059003.001.html” target=”_blank”>SB 590

All private contractors who want to do business with a state or local public entity must use E-Verify

All private employers must either use E-Verify or retain copies of certain identity and work authorization documents

Private contractors may be subject to cancellation of the public contract, resulting in ineligibility for any public contract for a period of not more than 3 years from the date the violation is discovered. The private contractor shall also be liable for any additional costs incurred by a public entity resulting from the cancellation of a contract or loss of any license permit

Private employers who do not verify the citizenship of their employees will be subject to civil penalties as follows:

(1) For a first violation, an employer’s civil penalty is increased from not more than $500 for each alien employed who is not entitled to lawfully reside or work in the U.S.
(2) For a second violation, the penalty shall be not more than one thousand dollars for each alien employed who is not entitled to lawfully reside or work in the U.S.
(3) For a third or subsequent violation, the appropriate local governing authority or licensing agency shall immediately suspend the violator’s permit or license to do business in the state for not less than thirty days no more than six months and a fine shall be assessed that shall be not more than two thousand five hundred dollars for each alien employed who is not entitled to lawfully reside or work in the U.S.

HB 342 (Act 376)

HB 646 (Act 402)

Employers providing services in excess of $20,000 a year to the county must enroll in and use E-Verify.

None Specified

MCCMH MCO Policy 5-012

County Employer has enrolled in and will use E-Verify for all new employees.

None Specified

Voluntary Enrollment by County

Oakland County shall register with, participate in, and utilize the E-Verify Program (or any successor program implemented by the federal Department of Homeland Security and/or the federal Social Security Administration) when hiring new employees after September 8, 2009.

All service contractors/vendors contracting with Oakland County must register with, participate in, and utilize E-Verify for all newly hired employees employed by the contractors and vendors.

None specified

Miscellaneous Resolution #09180

Miscellaneous Resolution #09116

Under the Finance Omnibus Bill, a contract for services valued in excess of $50,000 must require certification from the vendor and any subcontractors that, as of the date services on behalf of the state of Minnesota will be performed, the vendor and all subcontractors have implemented or are in the process of implementing the federal E-Verify program for all newly hired employees in the United States who will perform work on behalf of the state of Minnesota. This section does not apply to contracts entered into by the State Board of Investment.

Previously, Governor Tim Pawlenty had issued an executive order requiring all hiring authorities within the executive branch of state government, and employers with state contracts in excess of $50,000 to use the E-Verify program for all newly hired employees. This executive order expired on April 4, 2011.

Effective April 5, 2011, certification of E-Verify use is no longer required for new contracts.

State Government Finance Omnibus Bill reinstating E-Verify requirement
MPR News reports that Minnesota E-Verify requirement had lapsed.

EO 08-01

All employers in Mississippi must use E-Verify. Effective as follows:

• July 1, 2008 – All public employers, all public contractors and subcontractors, and private employers 250 or more employees.
• July 1, 2009 – Private employers with between 100 and 250 employees.
• July 1, 2010 – Private employers with between 30 and 99 employees.
• July 1, 2011 – All private employers

Employers that do not use E-Verify may (1) have all state contracts terminated and become ineligible for public contracts for three years; (2) have any license, permit, or certificate suspended for one year; or (3) both.

May 10, 2012

Originally February 7, 2012

The U.S. District Court for the Western District of Missouri issued a preliminary injunction that prevents the City from enforcing General Ordinance No. 5988, which was slated to begin June 4. The injunction will stay in place until a final decision is reached on whether the ordinance is preempted by federal law.

Every Business Entity that applies for a business license or permit to engage in any type of Work in the City shall sign an affidavit affirming that they have enrolled in the E-Verify Program and do not knowingly utilize the services or hire any person who is an unlawful worker. All new hires must be run through E-Verify as a condition of employment.

First Violation: Suspension of business license of any business entity which fails to correct the violation within three business days after notification of the violation by the Finance Department.

Second Violation: Fine of $499 and license suspension for 20 business days.

Third Violation: Fine of $499 and license suspension for 30 business days. Fourth Violation: Revocation of business license

Preliminary Injunction

Springfield, MO Ordinance

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.

LB 403

July 29, 2010
(previously suspended due to litigation)

All employers doing business with the City. (Does not extend to independent contractors.)

All business entities performing within the City shall register in the E-Verify Program within 60 days of the effective date of this Ordinance (May 4, 2012) and shall use the E-Verify Program to verify the authorization of employment in the US of each employee hired after such registration.

Ordinance No. 5165

Both the Senate and House passed HB 36 in June 2011 expanding the scope of current E-Verify requirements to include new hires of all county and municipal government agencies as well as private employers of 25 or more employees.

Law becomes effective for County and City Employers as of October 1, 2011. Private employers will be required to participate in E-verify for all new hires according to the following schedule:

• October 1, 2012 for employers that employ 500 or more employees.
• January 1, 2013 for employers that employ 100 or more but less than 500 employees.
• July 1, 2013 for employers that employ 25 or more but less than 100 employees.

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.

Private employers may be assessed penalties of $1,000.00 to $10,000.00 per violation depending on the number of prior violations and employer’s failure to timely file an affidavit attesting to requesting verification of the employee’s work authorization through E-Verify.

No penalty specified.

First violation – $10,000 fine.

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

First violation – warning and posting on state website

Second violation – 30 days debarment from state public works contract

Third violation – 180 days or up to one year debarment from state public works contract

Willful violators (as determined by a court) may be debarred for up to three years
Willful violators who misrepresent themselves on an official verification form to the state may be subject to a civil fine of $250 to $1,000 per violation.

Effective January 5, 2011, public employers and contractors are no longer required to use E-Verify.

Previously, Executive Order 08-01 required 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.

Executive Order 11-02 (January 5, 2011)

Executive. Order No. 08-01 (RI 2008)

Jan. 1, 2012

previously January 1, 2009

All employers by January 1, 2012.

On June 27, 2011, Governor Nikki Haley signed into law amendments to the South Carolina Illegal Immigration Reform Act. The amended law requires all employers to enroll in the E-Verify system beginning January 1, 2012 and to verify the legal status of all new employees through E-Verify within three business days of hiring. In addition, employers may no longer confirm new workers’ employment authorization with a driver’s license or state identification card in lieu of using E-Verify.

Previously, Act H 4400 required employers to use E-Verify for all new hires, or only employ workers with valid driver’s license from South Carolina or from another pre-designated state. The law first went into effect on January 1, 2009.

For a first occurrence by a private employer, prior to July 1, 2012, of failure to verify a new hire through the E-Verify within three business days, an employer must swear or affirm in writing to the South Carolina Department of Labor, Licensing and Regulation that the employer has complied with I-9 laws from January 1, 2012 until notification by LLR of a violation, and comply with the state law on verification of new hires within three business days.

For a first occurrence by a private employer, after July 1, 2012, of failure to verify a new hire through the E-Verify within three business days, the Department of LLR must place the employer on probation for a period of one year, during which time the private employer must submit quarterly reports to the agency demonstrating compliance with the law. A subsequent violation within three years of the law’s verification requirements must result in the suspension of the private employer’s licenses for at least 10 days but not more than 30 days.

H 4400

ACT 69

All employers in Tennessee must verify the employment eligibility of all new hires by either enrolling and participating in E-Verify or requesting that the newly hired employee provide a valid Tennessee driver’s license or photo identification card or a driver’s license from another state (where the license requirements are at least as strict as those in Tennessee). Other documents that can be presented include a US birth certificate, US Passport or other US government issued document demonstrating authorization to work in the US.

Employment verification provisions will be phased in for employers as follows:

• All state and local government agencies: no later than January 1, 2012
• All private employers with 500 or more employees: no later than January 1, 2012
• All private employers with 200 to 499 employees: no later than July 1, 2012
• All private employers with 6 to 199 employees: no later than January 1, 2013

An employer who has been found to have violated the employment verification provisions of the Act will be assessed $500 for the first violation, $1,000 for a second violation and $2,500 for a third or subsequent violation. In addition to these civil penalties, first-time offenders will also be assessed an additional $500 for each employee or non-employee who was not verified through the E-Verify program or for whom an identity / employment authorization document was not requested. For second and third violations, employers will be fined an additional $1,000 or $2,500, respectively, for each employee or non-employee.

An employer who fails to submit evidence of compliance with the employment verification provisions of the Act, within 60 days of a final order, will have its business license suspended until the employer remedies the violation

July 1, 2009

July 1, 2010

SB 81, effective date July 1, 2009 required Public Entities and Public Contractors to participate in E-Verify® or a similar employment verification system.

In addition, now “SB 251 Substitute” requires every private employer who employs 15 or more employees to use the status verification system to verify the federal legal working status of the new employee. Only exceptions are those private employers of foreign nationals with visas classified as H-2A or H-2B. Private employers can also voluntarily register certifying participation in verification. On and after July 1, 2010, Utah’s Department of Commerce shall publish electronically a list of private registered employers on a website accessible to the general public.

Ineligibility to enter into a state contract(s).

March 7 2012

Applicants for business licenses in unincorporated Salt Lake County must provide written assurance that they have used E Verify. All county business license applications will include a checkbox to determine whether the employer has used a status verification system, as required by Utah state law.

December 2007
(Public Employers)

January 1, 2009
(Public Contractors)

Since January 2008, the City uses E‐Verify for everyone who has been offered employment with the City.

City procurement processes require contractors and sub‐contractors to use E‐Verify to verify the employment eligibility (including E‐Verify authorized documentation) of all employees as allowed by law.

December 17, 2011

All businesses in the unincorporated areas of Washington County are required to confirm the employment eligibility of new hires through the E-Verify system.

December 1, 2012

State employers.

HB 737 requires state agencies to enroll in the E-Verify Program and to use it for each newly hired employee who is to perform work within the Commonwealth.

None specified.

HB 737

March 3, 2009

Directive 09-07 requires the county to use E-Verify for new county employees. Public contractors must use E-Verify (effective 120 days after the FAR rule goes into effect).

None specified.

Board of county Supervisors Brief (February 17, 2009)

Resolution NO. 12-____ requires all City public works contractors use E-Verify for all new employees.

Resolution No. 12-01 requires all contractors and vendors for general service contracts and public works contracts with the City of Kennewick tot enroll and participate in the E-Verify program for all new hires .

The Policy shall not apply to unique professional service providers such as architectural, legal, engineering, bonding, banking, investment services or providers of commercially available off-the-shelf items. The City manager, with Council approval, may waive these requirements on a case-by-case basis.

All contractors and subcontractors who enter into agreements or provide services or product to the City.

Ordinance 492 requires that all contractors and subcontractors who enter into agreements to provide services or product to the City use the E-Verify system when hiring new employees for the term of the contract. No minimum dollar amount for contracts affected.

Employers awarded public works or service contracts equal to or over $1 million

On Sept.1, 2009 Resolution 2009-09-01 was passed to require all employers who contract with the County to verify work authorization of all existing employees and new hires via E-Verify. After the implementation of FAR, this resolution was amended to allow verification of new hires only for contracts equal to or over $1 million.

Current contractors and any employer competing for a county contract must certify that they have used the E-Verify system to prove that their workers are legal and are “in compliance with federal employment laws” that include, but are not limited to, the use of E-Verify. In addition, the E-Verify requirement applies to any contractor employee who will work on the project no matter how long they have been employed.

All contractors and subcontractors who enter into agreements with the County.

Resolution No. 10-161 will require companies with county contracts exceeding $100 thousand to submit E-Verify queries for all new hires.

Ordinance No. 2009-74s of the Pierce County Council requires Contractors and Business Entities Contracting with the County to Participate in the E-Verify Program.

Under this obligation are those seeking road or other county public works contracts worth more than $100,000. Those applying for any other contract worth more than $25,000 must do the same.

All County employees hired will be processed under the E-Verify program.
County contractors with projects in excess of $100,000 lasting longer than 120 days. Exemptions consistent with E-Verify MOU will apply.

All City employees and Contractors/Subcontractors with the City of Yakima must use E-Verify for all new hires.