December 13, 2007, Introduced by Reps. Agema, Calley, Knollenberg, Garfield, Sheen, Stahl, Amos, LaJoy, Meltzer, Rocca, Meekhof, Green, Casperson, Brandenburg, Rick Jones, Steil, Hune, Moolenaar, Marleau, Pavlov, Acciavatti, Huizenga, Hildenbrand and DeRoche and referred to the Committee on Government Operations.
A bill to require verification that public contracts are
performed by employees who are entitled to work in the United
States; to prohibit an employer from discharging certain employees
while employing an illegal alien; to prescribe acceptable methods
for verifying legal presence in the United States; to condition the
eligibility of employers to perform certain public contracts on
participation in the federal immigrant verification system; to
create duties and responsibilities for certain state and local
departments, agencies, and officers; to require promulgation of
rules; and to provide civil remedies and criminal penalties.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"public contract and employment eligibility verification 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 work authorization status 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 the state or a political subdivision of the
state.
(d) "Subcontractor" includes a subcontractor, contract
employee, staffing agency, and a contractor.
Sec. 5. (1) A public employer shall register and participate
in the E-verify program to verify the work authorization status of
each new employee.
(2) A public employer shall not enter into a contract for the
performance of services within this state unless the contractor
registers and participates in the E-verify program to verify the
work authorization status of all of the contractor's new employees.
(3) A contractor or subcontractor shall not enter into a
contract or subcontract with a public employer concerning the
performance of services within this state unless the contractor or
subcontractor registers with and participates in the E-verify
program to verify the work authorization status of all new
employees.
Sec. 7. An employer shall not discharge an employee who is a
citizen or permanent resident alien, if on the date of the
discharge, the employer knowingly employed an alien who is not
authorized to work in the United States. The discharged employee
shall have a private cause of action for a violation of this
section. The prohibition in this section does not apply to a
discharge for cause.
Sec. 9. The department of labor and economic growth shall
promulgate rules to implement this act pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
Sec. 11. (1) An employer or an agency or political subdivision
of the state shall verify the lawful presence of an individual in
the United States as required under section 5 by obtaining an
affidavit that the individual executes under penalty of perjury and
that states 1 of the following:
(a) He or she is a United States citizen.
(b) He or she is a qualified alien under the immigration and
nationality act, chapter 477, 66 Stat. 163, and is lawfully present
in the United States.
(2) The employer or agency or political subdivision shall
further verify the status of an individual who has executed the
affidavit described in subsection (1), through the E-verify system.
Until the further eligibility verification is made, the affidavit
is presumed to be proof of lawful presence for the purposes of this
section.
(3) An individual who knowingly and willfully makes a false,
fictitious, or fraudulent statement or representation in an
affidavit executed pursuant to this section is guilty of perjury
punishable as provided in MCL 750.423.