January 1, 2013
Public works state contractors and subcontractors must use E-Verify. “Public work” is defined as “construction, reconstruction, demolition, alteration and/or repair work other than maintenance work, done under contract and paid for in whole or in part out of the funds of a public body where the estimated cost of the total project is in excess of $25,000, but shall not include work performed under a rehabilitation or manpower training program.” Potentially broader reach for subcontractors.
Penalties for Non-Compliance
Violations for failing to enroll and use E-Verify:
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 1 year debarment from state public works contract
Willful violators (as determined by a court) may be debarred for up to 3 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.