Senate rejects changes in bill requiring state contractors to check workers' immigration status

Published: Wednesday, June 15, 2011, 8:50 PM Updated: Wednesday, June 15, 2011, 8:55 PM

By Ed Anderson, The Times-Picayune


The author of a bill to penalize contractors who do not use a federal program to verify the legal status of employees hired to work on public projects got the Senate Wednesday to reject extensive changes made to his bill in the House.

At the request of Sen. Neil Riser, R-Columbia, senators voted 36-1 to throw his Senate Bill 66 into a six-member House-Senate conference committee to work out a possible compromise between differing versions adopted by the two chambers. If a compromise bill can be reached, both chambers will have to vote on it.

The only vote against Riser's request to send the bill to a compromise committee was cast by Sen. Karen Carter Peterson, D-New Orleans.

Riser said the main problem senators have with the House version's language is that any company that does not use the federal "E-Verify" program could not only lose the public contract and be barred from bidding on another one for three years, but also could face financial penalties if the job has to be rebid.

Riser's bill is designed to make contractors working on local, parish or state projects hire legal immigrants or American citizens.

Riser said he is optimistic he can resolve problems with the bill before the session ends next week.

He said that some senators told him they thought language inserted in the bill by the House may have gone too far. The language called for a contractor to be "liable for any additional costs incurred by a public entity" caused by the cancellation of a contract -- such as delays in rebidding and hiring a new contractor.

Riser said some senators told him they do not feel comfortable with a new program being used to check the immigration status of workers, a program that is not completely foolproof.

"They are concerned about the penalty provisions since this is new legislation and a new way of doing business," Riser said.

The bill requires a contractor to submit an affidavit to the public agency that hires it stating it will use the verification system for the life of the project. The affidavit must be submitted as part of the bidding process to get the contract.

A similar bill by Rep. John Bel Edwards, D-Amite, is awaiting a final Senate vote.

www.nola.com