A few weeks ago Representatives Cleveland, Warren, and Folwell introduced House Bill 36 – a bill to require contractors and sub-contractors on public construction jobs to use the Federal E-Verify program and to certify the legal status of all employees working on any public project. As currently drafted, the bill would apply only to state construction projects awarded through the Department of Administration. It would not apply to NCDOT projects.
Lobbyists concerned with this legislation have been meeting to determine what our industries’ chief areas of concern would be and if we could agree on a strategy moving forward. Today we met with Rep. George Cleveland and with two members of the research and bill drafting staff at the General Assembly. Rep. Cleveland made it clear to staff that he wants the bill to cover ALL state contracts, including those for goods and services. There was no explicit mention of NCDOT but there is a good chance the bill will be expanded to cover DOT.
After a lengthy meeting, Cleveland made it clear that he would work with us to get clearer language and to ensure that a good faith effort would give a contractor safe harbor. But he was adamant that the bill cover all contractors and sub-contractors, no matter how small, and all contracts entered into by local governments. He had no sympathy for farmers, minorities, or contractors with only a truck as an office. He did agree to a staggered effective date for very small contractors, but no more than 18 months to 2 years.
With the current majority I believe we will see legislation on immigration passed in this session. All the states around us have already passed bills dealing with immigration and E-verify. If you do not currently use E-verify to confirm the status of new hires, I suggest you look into it. It is free, simple to do, and fast.
As this moves forward I will keep you informed. As always, call me with any questions or comments. You can also comment right here on the blog page.
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