Session 2011 House Bill 36 Ratified
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4GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
HOUSE BILL 36
RATIFIED BILL
AN ACT TO REQUIRE COUNTIES, CITIES, AND EMPLOYERS TO USE THE FEDERAL
E-VERIFY PROGRAM TO VERIFY THE WORK AUTHORIZATION OF NEWLY
HIRED EMPLOYEES.
The General Assembly of North Carolina enacts:
SECTION 1. Chapter 64 of the General Statutes is amended by adding a new
Article to read:
"Article 1.
Various Provisions Related to Aliens."
SECTION 2. G.S. 64-1 through G.S. 64-5 are recodified as Article 1 of Chapter 64
of the General Statutes, as created by Section 1 of this act.
SECTION 3. Chapter 64 of the General Statutes is amended by adding a new
Article to read:
"Article 2.
"Verification of Work Authorization.
"§ 64-25. Definitions.
The following definitions apply in this Article:
Commissioner. – The North Carolina Commissioner of Labor.
(1)
Employ. – Hire an employee.
(2)
Employee. – Any individual who provides services or labor for an employer
(3)
in this State for wages or other remuneration.
Employer. – Any person, business entity, or other organization that transacts
(4)
business in this State and that employs 25 or more employees in this State.
This term does not include State agencies, counties, municipalities, or other
governmental bodies.
E-Verify. – The federal E-Verify program operated by the United States
(5)
Department of Homeland Security and other federal agencies, or any
successor or equivalent program used to verify the work authorization of
newly hired employees pursuant to federal law.
Unauthorized alien. – As defined in 8 U.S.C. § 1324a(h)(3).
(6)
"§ 64-26. Verification of employee work authorization.
Employers Must Use E-Verify. – Each employer, after hiring an employee to work
(a)
in the United States, shall verify the work authorization of the employee through E-Verify.
Employer Preservation of E-Verify Forms. – Each employer shall retain the record
(b)
of the verification of work authorization required by this section while the employee is
employed and for one year thereafter.
Exemption. – Subsection (a) of this section shall not apply with respect to a seasonal
(c)
temporary employee who is employed for 90 or fewer days during a 12-consecutive-month
period.
"§ 64-27. Commissioner of Labor to prepare complaint form.
Preparation of Form. – The Commissioner shall prescribe a complaint form for a
(a)
person to allege a violation of G.S. 64-26. The form shall clearly state that completed forms
may be sent to the Commissioner.
Certain Information Not Required. – The complainant shall not be required to list
(b)
the complainant's social security number on the complaint form or to have the complaint
notarized.
"§ 64-28. Reporting of complaints.
*H36-v-2*
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