HB4061 would create the “Public Contract and Employment Eligibility Verification Act” and require state and local public employers, as well as contractors and subcontractors doing public work, to use the federal E-Verify system to confirm that newly hired employees are authorized to work in the United States. The bill also requires employers to use Form I-9 or, for independent contractors, a sworn affidavit stating the worker is a U.S. citizen or a lawfully present qualified alien, followed by E-Verify confirmation. Until that verification is completed, the I-9 or affidavit is treated as proof of lawful presence for purposes of the act.
The bill establishes penalties for false statements and repeated violations, including perjury charges for knowingly false I-9s or affidavits and civil fines for willful, repeated violations. It also imposes contracting consequences: a contractor that violates the E-Verify requirement could be barred from public contracts for one year, and a public employer must terminate certain subcontracts if a subcontractor is found to have employed two or more unauthorized aliens during the violation period. The Department of Labor and Economic Opportunity would be responsible for adopting implementing rules, and the act would take effect 90 days after enactment.
Impact
HB4061 would add a new layer of employment verification compliance to Michigan public contracting law by conditioning eligibility for public contracts on participation in E-Verify and by requiring public employers to use the system for new hires. It would affect state departments, local governments, contractors, subcontractors, staffing agencies, and independent contractors performing public work, while also creating enforcement mechanisms through civil penalties, perjury liability, contract termination, and temporary debarment from public contracting.
Sentiment
The available record does not include committee testimony or recorded votes, so there is no direct evidence of support or opposition from the legislative process in the provided materials. Based on the bill text alone, the measure appears to reflect a policy preference for stricter employment eligibility verification in public contracting, which is typically framed by supporters as an anti-illegal-immigration and contract-integrity measure. No counterarguments are documented in the supplied context.
Contention
The main likely points of contention are the mandate that public employers and public contractors participate in E-Verify, the burden of compliance on contractors and subcontractors, and the sanctions tied to violations, including contract loss and debarment. Another likely issue is the bill’s treatment of independent contractors through sworn affidavits and the potential for false-statement prosecutions and civil fines. Because no committee record is provided, no specific legislator, witness, or stakeholder position can be identified from the supplied materials.