(a) As used in this section:(1) “Employee” means a person, whether appointed, under contract, or hired at-will or on an hourly basis, where an employee-employer relationship is established, who provides services for an employer for which compensation is paid regardless of whether such person renders less than a full day of service per working day or less than a full week of service per working week;(2) “Employer” means this state and any branch, unit, or political subdivision thereof, including all boards, local education agencies (LEAs), as defined in § 49-1-103, commissions, agencies, institutions, authorities, counties, municipalities, metropolitan governments, and other bodies politic and corporate of this state, created by or in accordance with state law or rule; and(3) “E-Verify program” means the electronic verification system operated by the United States department of homeland security, or its successor program, as authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Pub. L. No. 104-208), and the federal Basic Pilot Program Extension and Expansion Act of 2003 (Pub. L. No. 108-156).
(1) “Employee” means a person, whether appointed, under contract, or hired at-will or on an hourly basis, where an employee-employer relationship is established, who provides services for an employer for which compensation is paid regardless of whether such person renders less than a full day of service per working day or less than a full week of service per working week;
(2) “Employer” means this state and any branch, unit, or political subdivision thereof, including all boards, local education agencies (LEAs), as defined in § 49-1-103, commissions, agencies, institutions, authorities, counties, municipalities, metropolitan governments, and other bodies politic and corporate of this state, created by or in accordance with state law or rule; and
(3) “E-Verify program” means the electronic verification system operated by the United States department of homeland security, or its successor program, as authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Pub. L. No. 104-208), and the federal Basic Pilot Program Extension and Expansion Act of 2003 (Pub. L. No. 108-156).
(b) (1) Except as provided in subdivision (b)(2), an employer shall not:(A) Appoint or hire a prospective employee on or after July 1, 2026, without verifying the work authorization status of such prospective employee by using the E-Verify program; or(B) Adopt an ordinance, resolution, regulation, rule, policy, or guideline contrary to the requirements of this section.(2) An employer who currently uses a third-party vendor for Form I-9 verification for prospective employees may continue to use such vendor until January 1, 2027, at which time the employer must begin using the E-Verify program.
(1) Except as provided in subdivision (b)(2), an employer shall not:(A) Appoint or hire a prospective employee on or after July 1, 2026, without verifying the work authorization status of such prospective employee by using the E-Verify program; or(B) Adopt an ordinance, resolution, regulation, rule, policy, or guideline contrary to the requirements of this section.
(A) Appoint or hire a prospective employee on or after July 1, 2026, without verifying the work authorization status of such prospective employee by using the E-Verify program; or
(B) Adopt an ordinance, resolution, regulation, rule, policy, or guideline contrary to the requirements of this section.
(2) An employer who currently uses a third-party vendor for Form I-9 verification for prospective employees may continue to use such vendor until January 1, 2027, at which time the employer must begin using the E-Verify program.
(c) An employer shall maintain documentation of the E-Verify program inquiry results for each verified employee during the duration of employment showing that the employee is authorized to be employed by the employer.
(d) (1) The attorney general and reporter may investigate each credible allegation or complaint that a local government or LEA has violated this section.(2) If the attorney general and reporter concludes that:(A) A local government has violated this section, then the attorney general and reporter may enforce compliance with this section by taking action in accordance with § 4-1-429 to withhold all funds of this state allocated to the local government via grant, contract, or statute, including, but not limited to, state-shared taxes; or(B) An LEA has violated this section, then the attorney general may enforce compliance with this section by taking action in accordance with subdivision (d)(2)(A) against the local government that approves the budget of the LEA.(3) As used in this subsection (d), “local government” means a county, including a county with a metropolitan or charter form of government, an incorporated city or town, and each agency, department, or other subdivision of thereof.
(1) The attorney general and reporter may investigate each credible allegation or complaint that a local government or LEA has violated this section.
(2) If the attorney general and reporter concludes that:(A) A local government has violated this section, then the attorney general and reporter may enforce compliance with this section by taking action in accordance with § 4-1-429 to withhold all funds of this state allocated to the local government via grant, contract, or statute, including, but not limited to, state-shared taxes; or(B) An LEA has violated this section, then the attorney general may enforce compliance with this section by taking action in accordance with subdivision (d)(2)(A) against the local government that approves the budget of the LEA.
(A) A local government has violated this section, then the attorney general and reporter may enforce compliance with this section by taking action in accordance with § 4-1-429 to withhold all funds of this state allocated to the local government via grant, contract, or statute, including, but not limited to, state-shared taxes; or
(B) An LEA has violated this section, then the attorney general may enforce compliance with this section by taking action in accordance with subdivision (d)(2)(A) against the local government that approves the budget of the LEA.
(3) As used in this subsection (d), “local government” means a county, including a county with a metropolitan or charter form of government, an incorporated city or town, and each agency, department, or other subdivision of thereof.