23-214. Verification of employment eligibility;
e-verify program; economic development incentives; list of
registered employers
A. After December 31, 2007, every employer, after hiring an employee, shall verify
the employment eligibility of the employee through the e-verify program and shall keep a
record of the verification for the duration of the employee's employment or at least
three years, whichever is longer.
B. In addition to any other requirement for an employer to receive an economic
development incentive from a government entity, the employer shall register with and
participate in the e-verify program. Before receiving the economic development incentive,
the employer shall provide proof to the government entity that the employer is registered
with and is participating in the e-verify program. If the government entity determines
that the employer is not complying with this subsection, the government entity shall
notify the employer by certified mail of the government entity's determination of
noncompliance and the employer's right to appeal the determination. On a final
determination of noncompliance, the employer shall repay all monies received as an
economic development incentive to the government entity within thirty days of the final
determination. For the purposes of this subsection:
1. "Economic development incentive" means any grant, loan or performance-based
incentive from any government entity that is awarded after September 30, 2008. Economic
development incentive does not include any tax provision under title 42 or 43.
2. "Government entity" means this state and any political subdivision of this state
that receives and uses tax revenues.
C. Every three months the attorney general shall request from the United States
department of homeland security a list of employers from this state that are registered
with the e-verify program. On receipt of the list of employers, the attorney general
shall make the list available on the attorney general's website.
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