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Understanding and Compliance with SB81-2008 Immigration Status Verification Requirements

SB81 Immigration/E-Verify Introduction:

Many of you may be in receipt of a letter from the Attorney General's office (see attached) regarding the implementation of SB81 from the 2008 session. This bill requires the verification of immigration status when city, town, county or special district issues an RFP for a contract. The law stipulates that beginning July 1, 2009, a public employer may not enter into a contract for the physical performance of services within the state with a contractor unless the contractor registers and participates in the Status Verification System to verify the work eligibility status of the contractor's new employees. The bill only applies to RFP's and does not apply to volunteer work. It should also be noted that the law DOES NOT require you to verify immigration status; but rather the bill requires the contractor who is responding to the RFP to certify that they are verifying the immigration status of their employees. Hopefully this nuance should make municipal compliance far easier.

The AG's office will be issuing a follow-up letter with additional implementation details to assist you in your compliance efforts. In addition our general counsel, David Church, is drafting a policy outline that can be utilized and should satisfy the requirements outlined in the law. As soon as it is complete, we will be sending out the information via email and will also make it available on our website. In the meantime, I have attached three documents that are being provided by the AG's office to assist with compliance. The first is a general outline of the requirement, the second is a sample terms sheet for a state contract (should help you understand how to handle the e-verify requirements in your contracting), and the third is a quick Q&A about the requirement. Hopefully these documents help and please look for David Church's outline in the next few days.

We do anticipate the immigration discussion to continue during the 2011 legislative session, so please anticipate more changes to come. We will post regular updates and information in an effort to keep you apprised of the status of this issue.

If you have any questions, please feel free to call or write.