ASSEMBLY, No. 2003

STATE OF NEW JERSEY

INTRODUCED MAY 13, 1996

By Assemblyman ROMA and Assemblywoman ALLEN

An Act requiring certain contract provisions concerning the violation of immigration laws by public contractors and supplementing various parts of the statutory law.

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

    1. A board of education shall not enter into a contract with an employer under which work is performed or goods or services are furnished by the employer to the board, unless that contract includes a provision that the contract may be terminated by the board if the employer does not, in connection with the contract, comply 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 sanctions are imposed against the employer pursuant to sections 274A(e)(4) and 274A(f)(1) (8 U.S.C.§§1324a(e)(4) and 1324a(f)(1)). If those federal sanctions are imposed against the employer for noncompliance in connection with the contract, the contract shall be terminated immediately, unless the board of education determines that an immediate termination would have a significant adverse impact on the board of education, in which case the contract shall be terminated at the time that the board determines is the earliest time that the contract can be terminated without a significant adverse impact.

    2. A State college shall not enter into a contract with an employer under which work is performed or goods or services are furnished by the employer to the college, unless that contract includes a provision that the contract may be terminated by the college if the employer does not, in connection with the contract, comply 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 sanctions are imposed against the employer pursuant to sections 274A(e)(4) and 274A(f)(1) (8 U.S.C.§§1324a(e)(4) and 1324a(f)(1)). If those federal sanctions are imposed against the employer for noncompliance in connection with the contract, the contract shall be terminated immediately, unless the State college determines that an immediate termination would have a significant adverse impact on the State college, in which case the contract shall be terminated at the time that the college determines is the earliest time that the contract can be terminated without a significant adverse impact.

    3. A county college shall not enter into a contract with an employer under which work is performed or goods or services are furnished by the employer to the college, unless that contract includes a provision that the contract may be terminated by the college if the employer does not, in connection with the contract, comply 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 sanctions are imposed against the employer pursuant to sections 274A(e)(4) and 274A(f)(1) (8 U.S.C.§§1324a(e)(4) and 1324a(f)(1)). If those federal sanctions are imposed against the employer for noncompliance in connection with the contract, the contract shall be terminated immediately, unless the county college determines that an immediate termination would have a significant adverse impact on the county college, in which case the contract shall be terminated at the time that the college determines is the earliest time that the contract can be terminated without a significant adverse impact.

    4. A contracting unit shall not enter into a contract with an employer under which work is performed or goods or services are furnished by the employer to the contracting unit, unless that contract includes a provision that the contract may be terminated by the contracting unit if the employer does not, in connection with the contract, comply 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 sanctions are imposed against the employer pursuant to sections 274A(e)(4) and 274A(f)(1) (8 U.S.C. §§1324a(e)(4) and 1324a(f)(1)). If those federal sanctions are imposed against the employer for noncompliance in connection with the contract, the contract shall be terminated immediately, unless the contracting unit determines that an immediate termination would have a significant adverse impact on the contracting unit, in which case the contract shall be terminated at the time that the contracting unit determines is the earliest time that the contract can be terminated without a significant adverse impact.

    5. Neither the State nor any instrumentality of the State shall enter into a contract with an employer under which work is performed or goods or services are furnished by the employer to the State or instrumentality, unless that contract includes a provision that the contract may be terminated by the State if the employer does not, in connection with the contract, comply 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 sanctions are imposed against the employer pursuant to sections 274A(e)(4) and 274A(f)(1) (8 U.S.C. §§1324a(e)(4) and 1324a(f)(1)). If those federal sanctions are imposed against the employer for noncompliance in connection with the contract, the contract shall be terminated immediately, unless the State Treasurer determines that an immediate termination would have a significant adverse impact on the State or instrumentality, in which case the contract shall be terminated at the time that the State Treasurer determines is the earliest time that the contract can be terminated without a significant adverse impact.

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

STATEMENT

    This bill requires that every public contract to perform work, or furnish goods or services to the State, a State college, a county college, a local government or a school district or other public body, include a provision that the contract may be terminated by the public body if the employer does not comply with the sections of the Immigration and Nationality Act that prohibit the unlawful employment of aliens and federal sanctions are imposed on the employer. If sanctions are imposed against the employer for noncompliance in connection with the contract, the bill requires that the contract be terminated immediately, unless the public body determines that an immediate termination would have a significant adverse impact on the public body, in which case the contract would be terminated at the earliest time possible without significant adverse impact occurring.

Requires contract provisions regarding violations of federal immigration laws by public contractors.