September 14, 2006, Introduced by Reps. Lipsey, Williams, Bieda, Mayes, Anderson, Accavitti, Wojno and Lemmons, III and referred to the Committee on Government Operations.
A bill to prohibit vendors of procurement contracts with local
units of government from employing persons not authorized to work
in the United States; to require certain affirmations; and to
provide for remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. A local unit of government shall not award a
procurement contract to a vendor unless the vendor has submitted a
verified statement affirming all of the following:
(a) Within the past 5 years the vendor or an officer of the
vendor has not been convicted of, or been held responsible in an
administrative hearing or other civil proceeding for, violating a
state or federal law respecting the employment of persons not
authorized to work in the United States.
(b) In performing the contract, the vendor will not directly
or indirectly employ a person who is unauthorized to work in the
United States.
(c) The vendor will take reasonable steps to ascertain that
each person employed to perform services directly or indirectly
under the procurement contract is authorized to work in the United
States.
(d) If the vendor learns that a person who is not authorized
to work in the United States is performing services directly or
indirectly on the procurement contract, the vendor will immediately
replace, or require the subcontractor to replace, that person with
an authorized worker.
Sec. 2. If the local unit of government determines that a
contractor or subcontractor knowingly submitted false information
or knowingly violated the affirmations required under section 1,
the local unit of government may do 1 or more of the following:
(a) Cancel the contract.
(b) Require forfeiture to the local unit of government of up
to 20% of the payment due under the contract.
(c) Debar the vendor or subcontractor from bidding on, or
award of, procurement contracts with the local unit of government
for a period of up to 5 years.
Sec. 3. As used in this act, "local unit of government" means
a county, city, village, or township.