2012 -- S 2216

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LC00420

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO LABOR AND LABOR RELATIONS

     Introduced By: Senators Cote, Felag, Sheehan, Maher, and Bates

     Date Introduced: January 24, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR

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RELATIONS" is hereby amended by adding thereto the following chapter:

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     CHAPTER 6.13

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E-VERIFY COMPLIANCE

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     28-6.13-1. Legislative declaration -- Definitions -- Employee's work eligibility status

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-- Federal basic employment verification pilot program -- Department of labor and

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employment -- Duties. -- (a) The general assembly hereby finds and determines that:

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     (1) Ensuring that Rhode Island employers employ persons eligible to work within Rhode

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Island is an issue of statewide concern.

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     (2) It is in the best interest of the employers in Rhode Island for all employers to follow

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federal law as it applies to the hiring of persons who are authorized to work in the United States.

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     (3) Employers who violate the federal employment laws with respect to the hiring of

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persons who are unauthorized to work in the United States, place an undue economic burden on

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employers who attempt to hire only persons who are authorized to work in the United States.

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     (b) The general assembly further finds and determines that it is in the best interest of the

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state for all employers to verify the employment authorization of newly hired employees and that

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it is important that every employer in the state of Rhode Island apply for participation in the

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federal electronic employment authorization verification program, known as E-Verify, or any

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successor program for the purpose of verifying the work eligibility status of newly hired

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employees.

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     (c) As used in this chapter:

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     (1) "Employee" means any individual for whom an employer is required to file a form W-

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2 wage and tax statement with the federal internal revenue service.

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      (2) "'Employer" means a person transacting business in Rhode Island who, at any time,

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employs three (3) or more persons to perform services of any nature and who has control of the

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payment of wages for such services or is the officer, agent, or employee of the person having

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control of the payment of wages; except that "Employer" does not include the federal

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government, another state, or a political subdivision of Rhode Island or another state.

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     (3) "Program" means the federal electronic employment authorization verification

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program, known as E-Verify, or any successor program, created pursuant to 8 U.S.C. sec. 1324a,

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as expanded to include all fifty states in the "Basic Pilot Program Extension and Expansion Act of

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2003", Pub. L. No. 108-156.

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     28-6.13-2. Participation in the program. -- (a) Each employer in Rhode Island shall

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apply to participate in the program for the purpose of verifying the work eligibility status of each

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of the employer's newly hired employees by the following dates:

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     (1) An employer with two hundred (200) or more employees shall apply to participate in

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the program no later than January 1, 2013;

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     (2) An employer with at least fifty (50) employees but fewer than two hundred (200)

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employees shall apply to participate in the program no later than July 1, 2013; and

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     (3) An employer with fewer than fifty (50) employees shall apply to participate in the

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program no later than January 1, 2014.

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     (b) An employer shall submit an application to participate in the program no less

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frequently than every sixty (60) days until the employer is accepted into the program. An

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employer that is accepted into the program shall agree to participate in the program. An employer

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shall retain records for audit purposes that show that the employer has applied to the program

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and, following acceptance, show that the employer is an active participant in the program.

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     (c) All employers subject to the provisions of this section shall notify the department of

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labor that the employer has complied with the provisions of this chapter shall, within seven (7)

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business days of making the application pursuant to subsection (a) of this section and within

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seven (7) business days of being accepted into the program pursuant to subsection (b) of this

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section. The department shall prepare and provide forms for such notification. The notification

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form provided shall:

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     (1) Require the employer to provide the E-Verify company identification number issued

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to the employer upon registration; and

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     (2) Be sworn and subscribed to under penalties of perjury by a representative of the

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employer. The signing and provision of any such notification which the person knows contains

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any statement which is false or erroneous, or defective in any important particular, and which, to

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his or her knowledge, is intended to mislead the department, shall have committed the offense of

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giving a false document pursuant to section 11-18-1.

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     (d) The department of labor and training shall provide a list of all employers who fail to

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comply with the provisions of this section or who fail to notify the department of labor and

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training of their compliance to the Investigations Division of the U.S. Bureau of Immigration and

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Customs Enforcement.

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     (e) The department of labor and training, with the cooperation of the secretary of state,

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shall put a mechanism in place to notify each employer of the requirements of this section and

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how to comply and shall make the information available on the department's website.

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     (f) An employer shall immediately terminate the employment of an employee upon

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receipt of a final notice from the department of homeland security of nonconfirmation of work

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eligibility concerning such employee and after any applicable contest periods stipulated by

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federal law and/or regulation have run.

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     (g) An employer who, in good faith relies on the program to verify the employment

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eligibility of its employees, shall be exempt from liability, or suit arising from any action under

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this section; provided, however, that nothing contained herein shall be construed to limit remedies

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or relieve obligations and/or penalties under state anti-discrimination laws.

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     28-6.13-3. Severability clause. -- If any provision of this section or the application of a

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provision shall for any reason be judged invalid, that judgment shall not affect, impair, or

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invalidate the remainder of the section, but shall be confined in this effect to the provisions or

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application directly involved in the controversy giving rise to the judgment.

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     SECTION 2. This act shall take effect upon passage.

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LC00420

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS

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     This act would establish the E-Verify compliance chapter. It would also require all non-

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governmental employers within the state with three (3) or more employees to apply to participate

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in the E-Verify program and to participate if accepted.

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     This act would take effect upon passage.

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