Bill > A2517

Introduced Session

This bill provides that no State agency or political subdivision may enter into or renew a public contract for services with a contractor who knowingly employs or contracts with an illegal alien to perform work under the contract or who knowingly contracts with an illegal alien to perform work under the contract. The bill requires each public contract for services to include a provision that the contractor shall not: (1) knowingly employ or contract with an illegal alien to perform work under the public contract for services; or (2) enter into a contract with a subcontractor that fails to certify to the contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. The bill requires each public contract for services to include provisions stating that: (1) the contractor will verify through the E-Verify program that the contractor will not employ any illegal aliens; (2) if the contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the contractor shall be required to: (a) notify the subcontractor and the contracting State agency or political subdivision within three days that the contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (b) terminate the subcontract with the subcontractor if within three days of receiving the notice the subcontractor does not stop employing or contracting with the illegal alien; except that the contractor shall not terminate the contract with the subcontractor if during the three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien; and (3) the contractor is required to comply with any reasonable request by the department made in the course of an investigation that the department is undertaking pursuant to the authority established pursuant to the bill. The bill provides that a State agency or political subdivision must notify the Department of Labor and Workforce Development if a contractor violates a provision of a public contract for services required pursuant to the bill and the State agency or political subdivision terminates the contract for the breach. Based on the notification, the department shall maintain a list that includes the name of the contractor, the State agency or political subdivision that terminated the public contract for services, and the date of the termination. A contractor shall be removed from the list if two years have passed since the date the contract was terminated, or if a court of competent jurisdiction determines that there has not been a violation of the provision of the public contract for services. A State agency or political subdivision shall notify the department if a court has made that determination. The list shall be available for public inspection at the department and shall be published on an internet website maintained by the department. The bill provides that the department may investigate whether a contractor is complying with the provisions of a public contract for services required pursuant to the bill. The department may conduct on-site inspections where a public contract for services is being performed, request and review documentation that proves the legal status of any person performing work on a public contract for services, or take other reasonable steps that are necessary to determine whether a contractor is complying with the provisions of a public contract for services required pursuant to the bill. The bill requires the department to receive complaints of suspected violations of a provision of a public contract for services and gives the department discretion as to determine which complaints are to be investigated. The results of any investigation do not constitute final agency action. The bill requires the department to notify a State agency or political subdivision if it suspects that there has been a breach of a provision in a public contract for services pursuant to the bill.

AI Summary

Committee Categories

Erik Peterson (R)*,  John DiMaio (R),  Paul Kanitra (R),  Greg McGuckin (R),  Gregory Myhre (R), 

Introduced, Referred to Assembly Labor Committee (on 01/09/2024)

Official Document