SENATE, No. 1134

STATE OF NEW JERSEY

INTRODUCED MAY 9, 1996

By Senator RICE

An Act providing for the disqualification and debarment of employers against whom federal sanctions have been imposed for employment of unauthorized aliens from entering into contracts with State and local agencies and supplementing P.L.1971, c.198, P.L.1986, c.43, P.L.1982, c.189, P.L.1977, c.114 and Title 52 of the Revised Statutes.

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

    1. Any 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 purchase, contract or agreement for the performance of any work or the furnishing or hiring of materials or supplies with a board of education for a period of three years effective from the date of imposition of the federal civil or criminal penalty. The Attorney General shall determine whether an employer is ineligible for a purchase, contract or agreement with a board of education because federal employer sanctions have been imposed.

    2. Any 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 purchase, contract or agreement for the performance of any work or the furnishing or hiring of materials or supplies with a State College for a period of three years effective from the date of imposition of the federal civil or criminal penalty. The Attorney General shall determine whether an employer is ineligible for a purchase, contract or agreement with a State college because federal employer sanctions have been imposed.

    3. Any 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 purchase, contract or agreement for the performance of any work or the furnishing or hiring of materials or supplies with a county college for a period of three years effective from the date of imposition of the federal civil or criminal penalty. The Attorney General shall determine whether an employer is ineligible for a purchase, contract or agreement with a county college because federal employer sanctions have been imposed.

    4. Any 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 purchase, contract or agreement for the performance of any work or the furnishing or hiring of materials or supplies with a contracting unit for a period of three years effective from the date of imposition of the federal civil or criminal penalty. The Attorney General shall determine whether an employer is ineligible for a purchase, contract or agreement with a contracting unit because federal employer sanctions have been imposed.

    5. Any 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 effective from the date of imposition of the federal civil or criminal penalty. The Attorney General shall determine whether an employer is ineligible for a contract with a State agency because federal employer sanctions have been imposed.

    6. This act shall take effect immediately and shall apply to purchases, contracts and agreements entered into six months after 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 employer sanctions have been imposed shall not be eligible for any purchase, contract or agreement for the performance of any work or the furnishing or hiring of materials or supplies with the State, a State college, a county college, a local government or a school district for a period of three years effective from the date of imposition of the federal civil or criminal penalty. The Attorney General shall determine whether an employer is ineligible for a purchase, contract or agreement with a State or local agency because federal employer sanctions have been imposed.

Debars for three years from State, local and school district contracts employers against whom federal sanctions have been imposed for employment of unauthorized aliens.