Rhode Island SB 2477: AN ACT RELATING TO LABOR AND LABOR RELATIONS (Requires most employers in Rhode Island to participate in the E/Verify employment authorization program and establishes deadlines to do so.)

Bill Text

2020 -- S 2477
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LC004073
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2020
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A N A C T
RELATING TO LABOR AND LABOR RELATIONS
Introduced By: Senators Morgan, and Rogers
Date Introduced: February 13, 2020
Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:
SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR 1
RELATIONS" is hereby amended by adding thereto the following chapter: 2
CHAPTER 6.15 3
E-VERIFY COMPLIANCE 4
28-6.15-1. Legislative declaration -- Definitions -- Employee's work eligibility status 5
-- Federal basic employment verification pilot program -- Department of labor and 6
employment -- Duties. 7
(a) The general assembly hereby finds and determines that: 8
(1) Ensuring that Rhode Island employers employ persons eligible to work within Rhode 9
Island is an issue of statewide concern. 10
(2) It is in the best interest of the employers in Rhode Island for all employers to follow 11
federal law as it applies to the hiring of persons who are authorized to work in the United States. 12
(3) Employers who violate the federal employment laws with respect to the hiring of 13
persons who are unauthorized to work in the United States, place an undue economic burden on 14
employers who attempt to hire only persons who are authorized to work in the United States. 15
(b) The general assembly further finds and determines that it is in the best interest of the 16
state for all employers to verify the employment authorization of newly hired employees and that 17
it is important that every employer in the state of Rhode Island apply for participation in the 18
federal electronic employment authorization verification program, known as E-Verify, or any 19

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successor program for the purpose of verifying the work eligibility status of newly hired 1
employees. 2
(c) As used in this chapter: 3
(1) "Employee" means any individual for whom an employer is required to file a form W-4
2 wage and tax statement with the federal Internal Revenue Service. 5
(2) "Employer" means a person transacting business in Rhode Island who, at any time, 6
employs three (3) or more persons to perform services of any nature and who has control of the 7
payment of wages for such services or is the officer, agent, or employee of the person having 8
control of the payment of wages; except that "Employer" does not include the federal 9
government, another state or a political subdivision of another state, but does include the state of 10
Rhode Island and any political subdivision of Rhode Island. 11
(3) "Program" means the federal electronic employment authorization verification 12
program, known as E-Verify, or any successor program, created pursuant to 8 U.S.C. § 1324(a), 13
as expanded to include all fifty (50) states in the "Basic Pilot Program Extension and Expansion 14
Act of 2003", Pub.L. No. 108-156. 15
28-6.15-2. Participation in the program. 16
(a) Each employer in Rhode Island shall apply to participate in the program for the 17
purpose of verifying the work eligibility status of each of the employer's newly hired employees 18
by the following dates: 19
(1) An employer with two hundred (200) or more employees shall apply to participate in 20
the program no later than January 1, 2021; 21
(2) An employer with at least fifty (50) employees but fewer than two hundred (200) 22
employees shall apply to participate in the program no later than July 1, 2021; and 23
(3) An employer with fewer than fifty (50) employees shall apply to participate in the 24
program no later than January 1, 2022. 25
(b) An employer shall submit an application to participate in the program no less 26
frequently than every sixty (60) days until the employer is accepted into the program. An 27
employer that is accepted into the program shall agree to participate in the program. An employer 28
shall retain records for audit purposes that show that the employer has applied to the program 29
and, following acceptance, show that the employer is an active participant in the program. 30
(c) All employers subject to the provisions of this section shall notify the department of 31
labor that the employer has complied with the provisions of this chapter shall, within seven (7) 32
business days of making the application pursuant to subsection (a) of this section and within 33
seven (7) business days of being accepted into the program pursuant to subsection (b) of this 34

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section. The department shall prepare and provide forms for such notification. The notification 1
form provided shall: 2
(1) Require the employer to provide the E-Verify company identification number issued 3
to the employer upon registration; and 4
(2) Be sworn and subscribed to under penalties of perjury by a representative of the 5
employer. The signing and provision of any such notification which the person knows contains 6
any statement which is false or err