1. IMMIGRATION LAW SECTION 9 CONTRACTING WITH GOVERNMENTAL ENTITIES

2. BEASON-HAMMON ACT BEASON-HAMMON ALABAMA TAXPAYER AND CITIZEN PROTECTION ACT SECTION 9 EFFECTIVE JANUARY 1, 2012 NOT STAYED BY THE COURTS YET !!!

3. SECTION 9 A: AS A CONDITION FOR THE AWARD OF ANY CONTRACT, GRANT, OR INCENTIVE BY THE STATE, ANY POLITICAL SUBDIVISON THEREOF, OR ANY STATE-FUNDED ENTITY TO A BUSINESS ENTITY OR EMPLOYER THAT EMPLOYS ONE OR MORE EMPLOYEES, THE BUSINESS ENTITY OR EMPLOYER SHALL NOT KNOWINGLY EMPLOY, HIRE FOR EMPLOYMENT, OR CONTINUE TO EMPLOY AN UNAUTHORIZED ALIEN AND SHALL ATTEST TO SUCH, BY SWORN AFFADIVIT SIGNED BEFORE A NOTARY.

4. BUSINESS ENTITY PERSON OR GROUP OF PERSONS PERFORMING OR ENGAGING IN ANY – ACTIVITY – ENTERPRISE – PROFESSION – OCCUPATION – FOR GAIN, ADVANTAGE OR LIVELIHOOD – FOR PROFIT OR NOT FOR PROFIT

5. ALSO INCLUDES SELF EMPLOYED, CORPORATIONS, PARTNERSHIPS, LIMITED PARTNERSHIPS, LIMITED LIABILITY COMPANIES, AND ANY BUSINESS ENTITY THAT REGISTERS WITH SECRETARY OF STATE. ANY BUSINESS POSSESSING BUSINESS LICENSE, PERMIT, CERTIFICATE, APPROVAL, REGISTRATION, ETC

6. AND FURTHER INCLUDES ANY BUSINESS ENTITY EXEMPT BY LAW FROM OBTAINING BUSINESS LICENSE, AND ANY BUSINESS ENTITY OPERATING UNLAWFULLY WITHOUT BUSINESS LICENSE

7. CONTRACTOR ONE WHO ENTERS AGREEMENT TO PERFORM ANY SERVICE, WORK OR PROVIDE A PRODUCT IN EXCHANGE FOR VALUABLE CONSIDERATION INCLUDES: GEN. CONTRACTOR, SUB, INDEPENDENT CONTRACTOR, CONTRACT EMPLOYEE, ETC.

8. AWARD OF CONTRACT EMPLOYER SHALL PROVIDE DOCUMENTATION OF ENROLLMENT IN E-VERIFY. DURING CONTRACT: SHALL CONTINUE TO VERIFY AS PER FEDERAL RULES. I.E. NEW EMPLOYEES. SHALL GET VERIFICATION FROM SUB CONTRACTORS

9. VIOLATIONS CONTRACT TERMINATED DUE PROCESS REQUIRED AG CAN BRING ACTION DA CAN GET INVOLVED

10. FORMS AFFIDAVIT TO BE SUPPLIED WITH BID OR CONTRACT PROPOSAL BEFORE AWARDING CONTRACT ROUTING SHEET MUST HAVE AFFIDAVIT AND PROOF OF E-VERIFY ATTACHED

11. PLANS FOR DISCUSSION ADD TO WEBSITE? – COPY OF AFFIDAVIT – SEC OF STATE ADMINISTRATIVE FORMS – LINK TO IMMIGRATION LAW – STATEMENT THAT WE ARE ONLY FOLLOWING THE LAW

12. PROCEDURES ATTACH AFFIDAVIT TO OUTSIDE OF PACKAGE? REQUIRE AFFIDAVIT BEFORE BID IS REVIEWED? OUT-OF-STATE CONTRACTORS AND VENDORS? COMPLIANCE REVIEWS

13. REFERRING QUESTIONS AND COMPLAINTS TO WHOM? WHAT RESPONSE AT DEPT. LEVEL? WHEN DOES IT REFERRED TO LEGAL?

14. SHOULD WE CONSIDER PRESS RELEASE? PRESS CONFERENCE? TALK TV AND/OR RADIO SHOWS?

15. I-9 AUDIT COMPLIANCE REVIEW HOMELAND SECURITY AUDITS SEVERE PENALTIES

16. COMMON ERRORS ORIGINAL NOT AVAILABLE WRONG FORM WRONG ENTRIES NO EXPIRATION DATE ON DOCUMENTS FORM NOT COMPLETED

17. CORRECTIONS COMPLIANCE AUDIT REDO AS NECESSARY DO I KEEP COPIES OR MAKE COPIES – FORM – SUPPORTING DOCUMENTATION

18. NEW EMPLOYEES GET TRAINING FOR FORM ADMINISTRATOR VERIFY DOCUMENTS USE I-9 TO ENTER EVERIFY IF PROBLEM DEVELOPS, FOLLOW THE LAW KEEP ORIGINAL IN SECURE FILE MONITOR TIME PERIODS

19. TRAINING HAVE ONE OR MORE PERSONS TRAINED IN I-9 AND EVERIFY KEEP UP WITH FILES NEW FORM COMING IN AUGUST

20. CONCLUSION ENROLL IN EVERIFY SEND LETTER TO BUSINESSES CONTRACTING WITH AGENCY MAKE PROCESS OF COMPLIANCE WITHIN CONTRACTING DEPARTMENT KEEP RECORDS