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SB 23 would add to the Government Code that a state agency may not award a contract for goods or services within this state unless the contractor participates in the E-verify program to verify employee information. The contractor would be required to participate in the program for the duration of the contract.
If a state agency determines that a contractor was ineligible to have the contract awarded or ceased participation in the program during the contract, the matter would be referred to the comptroller for action. The comptroller would bar the contractor from state contracts for five years. Finally, it would be an affirmative defense to a civil action for damages or the imposition of a civil penalty for an employer’s refusal to hire or employ a person based on the employer’s participation in the required E-verify program.
SB 23 enhances our personal responsibility principle by requiring state contractors to participate in the E-verify program because it protects state agencies from entering contracts with a contractor that has employees that have violated the rule of law and are ineligible to work in the United States. We support this bill.