ASSEMBLY, No. 2002

 

STATE OF NEW JERSEY

 

INTRODUCED MAY 13, 1996

 

 

By Assemblymen ROMA and O'TOOLE

 

 

An Act providing for the debarment of employers against whom federal sanctions have been imposed for employment of unauthorized aliens from entering into certain public contracts and supplementing various parts of the statutory law.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. An employer who has not complied with sections 247A(a)(1)(A) and 274A(a)(2) of the Immigration and Nationality Act (8 U.S.C. §§1324a(a)(1)(A) and 1324a(a)(2)), prohibiting the unlawful employment of aliens unauthorized to work, and against whom employer sanctions have been imposed pursuant to sections 274A(e)(4) and 274A(f)(1) (8 U.S.C. §§1324a(e)(4) and 1324a(f)(1)), shall not be eligible for any contract for the performance of any work or the furnishing of goods or services with a board of education for a period of three years from the date effective of imposition of the federal civil or criminal penalty. If the Attorney General determines that the federal sanctions have been imposed on the employer, the name of the employer, and any business in which the employer has an interest, shall be placed on a list which shall be made available to the public and provided by the State Treasurer to any board of education upon request. No board of education shall purchase goods or services, or enter into any contract for the performance of any work or the furnishing of goods or services with an employer, without first ascertaining that the employer is not on the most current list made available by the State Treasurer pursuant to this section.

 

    2. An employer who has not complied with sections 247A(a)(1)(A) and 274A(a)(2) of the Immigration and Nationality Act (8 U.S.C. §§1324a(a)(1)(A) and 1324a(a)(2)), prohibiting the unlawful employment of aliens unauthorized to work, and against whom employer sanctions have been imposed pursuant to sections 274A(e)(4) and 274A(f)(1) (8 U.S.C. §§1324a(e)(4) and 1324a(f)(1)), shall not be eligible for any contract for the performance of any work or the furnishing of goods or services with a State college for a period of three years from the effective date of imposition of the federal civil or criminal penalty. If the Attorney General determines that the federal sanctions have been imposed on the employer, the name of the employer, and any business in which the employer has an interest, shall be placed on a list which shall be made available to the public and provided by the State Treasurer to any State college upon request. No State college shall purchase goods or services, or enter into any contract for the performance of any work or the furnishing of goods or services with an employer, without first ascertaining that the employer is not on the most current list made available by the State Treasurer pursuant to this section.

 

    3. An employer who has not complied with sections 247A(a)(1)(A) and 274A(a)(2) of the Immigration and Nationality Act (8 U.S.C. §§1324a(a)(1)(A) and 1324a(a)(2)), prohibiting the unlawful employment of aliens unauthorized to work, and against whom employer sanctions have been imposed pursuant to sections 274A(e)(4) and 274A(f)(1) (8 U.S.C. §§1324a(e)(4) and 1324a(f)(1)), shall not be eligible for any contract for the performance of any work or the furnishing of goods or services with a county college for a period of three years from the effective date of imposition of the federal civil or criminal penalty. If the Attorney General determines that the federal sanctions have been imposed on the employer, the name of the employer, and any business in which the employer has an interest, shall be placed on a list which shall be made available to the public and provided by the State Treasurer to any county college upon request. No county college shall purchase goods or services, or enter into any contract for the performance of any work or the furnishing of goods or services with an employer, without first ascertaining that the employer is not on the most current list made available by the State Treasurer pursuant to this section.

 

    4. An employer who has not complied with sections 247A(a)(1)(A) and 274A(a)(2) of the Immigration and Nationality Act (8 U.S.C. §§1324a(a)(1)(A) and 1324a(a)(2)), prohibiting the unlawful employment of aliens unauthorized to work, and against whom employer sanctions have been imposed pursuant to sections 274A(e)(4) and 274A(f)(1) (8 U.S.C. §§1324a(e)(4) and 1324a(f)(1)), shall not be eligible for any contract for the performance of any work or the furnishing of goods or services with a contracting unit for a period of three years from the effective date of imposition of the federal civil or criminal penalty. If the Attorney General determines that the federal sanctions have been imposed on the employer, the name of the employer, and any business in which the employer has an interest, shall be placed on a list which shall be made available to the public and provided by the State Treasurer to any contracting unit upon request. No contracting unit shall purchase goods or services, or enter into any contract for the performance of any work or the furnishing of goods or services with an employer, without first ascertaining that the employer is not on the most current list made available by the State Treasurer pursuant to this section.

 

    5. An employer who has not complied with sections 247A(a)(1)(A) and 274A(a)(2) of the Immigration and Nationality Act (8 U.S.C. §§1324a(a)(1)(A) and 1324a(a)(2)), prohibiting the unlawful employment of aliens unauthorized to work, and against whom employer sanctions have been imposed pursuant to sections 274A(e)(4) and 274A(f)(1) (8 U.S.C. §§1324a(e)(4) and 1324a(f)(1)), shall not be eligible for any contract for the purchase of goods or services, or for the construction of any public work, the cost of which is to be paid, in whole or in part, out of State funds for a period of three years from the effective date of imposition of the federal civil or criminal penalty. If the Attorney General determines that the federal sanctions have been imposed on the employer, the name of the employer, and any business in which the employer has an interest, shall be placed on a list which shall be made available to the public and provided by the State Treasurer to any public body upon request. No public body shall enter into any contract with an employer for the purchase of goods or services, or for the construction of any public work, the cost of which is to be paid, in whole or in part, out of State funds, without first ascertaining that the employer is not on the most current list made available by the State Treasurer pursuant to this section.

 

    6. This act shall take effect immediately and shall apply to purchases, contracts and agreements entered into on or after the 90th day following the effective date of this act.

 

 

STATEMENT

 

    This bill provides that any employer who has not complied with the sections of the Immigration and Nationality Act that prohibit the unlawful employment of aliens unauthorized to work and against whom federal sanctions have been imposed shall not be eligible to enter in contracts for the performance of any work or the furnishing of goods or services to the State, a State college, a county college, a local government or a school district for a period of three years from the effective date of imposition of the federal sanctions.


                             

Bars from public contracts for three years employers who are subject to federal sanctions for employment of unauthorized aliens.