E-VERIFY LEGISLATION GUIDE
This information was last updated on July 13, 2011.
PLEASE NOTE: The following is presented as general educational information. It is not legal advice, either express or implied. Consultation with legal counsel is recommended for all employment law matters. This information is subject to change without notice.
Effective Date: Aug. 15, 2011, and Jan. 1, 2012
Status: House Bill 342 signed July 9, 2011, and House Bill 646 signed June 30, 2011.
Impact: Louisiana passed two bills related to use of the federal E-Verify program:
- House Bill 342 prohibits state contractors from bidding or contracting on state work without first submitting an affidavit attesting they will use the federal E-Verify program. The bill also requires contractors to obtain sworn statements from subcontractors attesting that they use E-Verify. Penalties for failure to comply with the bill include contract termination and up to a three year ban from bidding or contract work. The bill applies to contracts entered into or bids offered on or after Jan. 1, 2012.
- Unlike many other state E-Verify laws, House Bill 646 doesn't require employers to use E-Verify. Instead, it encourages E-Verify by exempting employers who have used the E-Verify program from penalties should they be found to employ illegal immigrants. The bill also exempts individuals from penalties should the employer retain a copy of one of the following documents:
- US birth certificate or certified birth card
- Naturalization certificate
- Certificate of citizenship
- Alien registration receipt card.
- US immigration form I-94
The bill takes effect Aug. 15, 2011.
House Bill 342 text
House Bill 646 text