HOUSE BILL No. 6529

 

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.