Bill Text: NJ S2316 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires certain contractors to verify work authorization of newly hired employees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-11-19 - Introduced in the Senate, Referred to Senate Labor Committee [S2316 Detail]
Download: New_Jersey-2012-S2316-Introduced.html
Sponsored by:
Senator STEVEN V. OROHO
District 24 (Morris, Sussex and Warren)
SYNOPSIS
Requires certain contractors to verify work authorization of newly hired employees.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning employment eligibility verification and supplementing Title 34 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Commissioner" means the Commissioner of the Department of Labor and Workforce Development.
"Contractor" means a person, partnership, association, joint stock company, trust, corporation, or other legal business entity or successor thereof who is required to pay the prevailing wage rate as determined by the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), including any subcontractor or lower tier subcontractor of a contractor.
"E-Verify program" means the electronic verification of work authorization program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. 104-208 (8 U.S.C. s.1324a), jointly operated by the United States Department of Homeland Security and the Social Security Administration or its successor program.
"Employee" means an individual who is employed by a contractor.
2. After June 30, 2013, upon hiring an employee a contractor shall verify the employment eligibility of the employee through the E-Verify program.
3. a. The commissioner shall develop a Statewide random auditing program to inspect contractors for compliance with section 2 of this act.
b. If the commissioner, upon receipt of a written and signed complaint against a contractor, or upon an investigation initiated by the commissioner for good cause, finds reasonable grounds exist that a contractor failed to verify the employment eligibility of an employee in violation of section 2 of this act, the commissioner shall institute an investigation of the violation.
c. Upon finding a violation of section 2 of this act after a random audit pursuant to subsection a. of this section, or after an investigation pursuant to subsection b. of this section, the commissioner shall, after affording the contractor notice and an opportunity for a hearing in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), assess a civil penalty upon the contractor of not less than $500 and not more than $1,000 for each violation. For a first occurrence involving a violation of section 2 of this act, if, upon notification by the commissioner of a violation, the contractor verifies the employment eligibility of all employees in question within 72 hours, the contractor shall not be assessed a penalty. Any subsequent occurrence involving a violation of section 2 of this act by the contractor shall result in the assessment of a civil penalty by the commissioner, and the commissioner may deny renewal, revoke, or suspend, for a period of not more than one year, the contractor's registration under "The Public Works Contractor Registration Act," P.L.1999, c.238 (C.34:11-56.48 et seq.) However, if the contractor has not committed a violation of section 2 of this act within the previous five years, a subsequent occurrence shall be treated as a first occurrence.
4. The Department of Labor and Workforce Development shall provide information regarding the requirements of this act and the requirements of federal law governing the use of the E-Verify program for contractors and the public through a link prominently displayed on the department's Internet website.
5. This act shall take effect immediately.
STATEMENT
This bill requires every contractor who is required to pay its employees the prevailing wage rate as determined by the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), to verify the employment eligibility of its employees through the E-Verify program. E-Verify is an electronic verification of work authorization program jointly operated by the United States Department of Homeland Security and the Social Security Administration. The bill requires these contractors to use the E-Verify program to verify the employment eligibility of all employees hired after June 30, 2013.
The bill directs the Commissioner of the Department of Labor and Workforce Development to develop a Statewide random auditing program to inspect contractors for compliance with the E-Verify requirement. The commissioner is also directed, upon receipt of a written and signed complaint against a contractor, or upon an investigation initiated by the commissioner for good cause, to institute an investigation if the commissioner finds reasonable grounds exist that a contractor violated the E-Verify requirement.
The bill provides for the assessment of a civil penalty of not less than $500 and not more than $1,000 on contractors found to be in violation of the E-Verify requirement. For a first occurrence involving a violation, if the contractor complies within 72 hours of notification by the commissioner, the contractor shall not be assessed a penalty. Any subsequent occurrence involving a violation by the contractor will result in the assessment of a civil penalty by the commissioner, and the commissioner may deny renewal, revoke, or suspend, for a period of not more than one year, the contractor's registration under "The Public Works Contractor Registration Act," P.L.1999, c.238 (C.34:11-56.48 et seq.). A subsequent occurrence shall be treated as a first occurrence if the contractor has not committed a violation of the E-Verify requirement within the previous five years.
