On December 14, the first step was taken towards bringing manditory E-Verify to a Kentucky employer near you.

Yesterday, Kentucky Representative Stan Lee (R-Lexington, 45th District) announced he is pre-filing E-Verify legislation for the 2012 Legislative session. If passed, this legislation would require companies doing business in Kentucky to E-Verify all employees working in Kentucky (on projects funded by either public or private funds), to make sure they are authorized to work in the United States. Businesses that fail to comply with this mandate risk the loss of their business licenses and permits.

According to the press release, if the bill passes the Kentucky legislature and is eventually signed into state law companies employing unauthorized workers in Kentucky would have their state, county or city issued license or permit revoked for six months for each offense. Each additional illegal worker identified would be considered a separate charge under this proposal.

Re. Lee’s proposed legislation is similar to Arizona’s Legal Arizona Workers Act, passed in 2007. Recently, a U.S. Supreme Court decision (Chamber of Commerce v. Whiting, 2011 U.S. LEXIS 4018) upheld the Arizona law, stating that a state may require employers to use E-Verify to confirm an employee’s eligibility to work in the United States or face loss of license penalties.

Besides Arizona, the states of Alabama, Tennessee, North Carolina, Utah, South Carolina, Louisiana and Mississippi require public and private employers to use E-verify to confirm a worker’s status, and Georgia, Indiana, Virginia, Florida, Idaho, Missouri, Nebraska, Oklahoma, Minnesota, and Colorado mandate public employers, state agencies and/or state contractors use E-verify.

The bill is pre-filed as BR 53 for the 2012 Regular Session.

Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.

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