BILL REQ. #:  H-0642.3 

Read first time 01/18/11.   Referred to Committee on Labor & Workforce Development.

     AN ACT Relating to requiring the employment security department to verify that workers referred to employers are authorized to work in the United States; adding a new section to chapter 50.12 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) The legislature finds that federal law prohibits the hiring or continued employment of workers whom employers know are unauthorized to work in the United States. Employers are required to verify that new workers are authorized to work in the United States by completing employment eligibility verification forms. Employers who hire workers who were referred for employment by certain state employment agencies are deemed to have complied with federal law if they retain appropriate documentation of the referral, and that documentation certifies that the agencies verified that the workers are authorized to work in the United States. Employers who hire workers knowing that they are not authorized to work in the United States face civil and criminal penalties. These requirements protect jobs for authorized United States workers, improve the accuracy of wage and tax reporting, and help United States employers maintain a legal workforce.
     (2) The legislature also finds that the employment security department, through the worksource centers, screens and refers workers to employers. These screening and referral services expedite the reemployment of unemployed workers and the filling of employer vacancies, and thereby contribute to the overall health of the state economy. If the employment security department fails to verify that referred workers are authorized to work in the United States, unauthorized workers may be referred to employers and employers may be exposed to substantial legal risks.
     (3) The legislature intends to require the employment security department to verify that referred workers are authorized to work in the United States, and provide appropriate documentation to referred workers and employers. These requirements will help reinforce the objectives of federal law and improve the services provided by the employment security department. They will also help build employers' confidence in the employment security department and worker referral programs.

NEW SECTION.  Sec. 2   A new section is added to chapter 50.12 RCW to read as follows:
     (1) The employment security department shall refer for employment only those individuals whom it has verified are United States workers. When verifying the status of those individuals, the department shall comply with the procedures specified in section 274A(b) of the immigration and nationality act (8 U.S.C. Sec. 1324a(b)). The department shall also provide referred workers and employers with appropriate documentation of the referral, which certifies that the department has complied with the procedures specified in section 274A(b) of the immigration and nationality act (8 U.S.C. Sec. 1324a(b)).
     (2) For the purpose of this section, "United States worker" means a worker who is legally authorized to work in the United States.