Illegal Immigration (An Oversimplified Overview)

1. Illegal Immigration(An Oversimplified Overview) SCAGPO 2009

2. Resources WWW.PROCUREMENT.SC.GOV READ THE STATUTE

3. Basic Rules • Prohibits covered persons from entering into covered contracts unless contractor agrees to certain statutory requirements • Next Slide

4. Basic Rules • First • Verify all new employees • OR • Employee only qualified workers • Second • Agree to provide certain documentation

5. Basic Rules • Verification = Homeland Security’s E-Verify • Agreement = Checking ID

6. Basic Rules • State & Local Government Covered • Contractors – if they have covered contracts with State or Local Government

7. Covered Contracts • Any public contract that involves the physical performance of manual laborwithin South Carolina, if the total cost of the manual labor exceeds (i) thirty percent of the total cost of all labor, or (ii) five percent of the total contract price, unless the contract falls within an exclusion.

8. Caveat • A contract that, as originally executed, is not a covered contract may become a covered contract either when the labor costs involved in a change order are added or when the total cost of the contract is reduced (e.g., a deductive change order).

9. Exclusions Contracts not covered even if they involve the required dollar value of manual labor.

10. Exclusions • Small State Contracts < $25,000: Contracts with a total annual value of less than $25,000 with a public employer other than a political subdivision. • Subdividing work expressly prohibited by act.

11. Exclusions • Small Local Contracts < $15,000: Contracts with a total annual value of less than $15,000 with a public employer that is a political subdivision. • Subdividing work expressly prohibited by act.

12. Exclusions • Commodities & Equipment: Contracts primarily for the acquisition of movable personal propertydescribed in the government's solicitation and in final form and ready for the use intended including, without limitation, commodities or equipment.

13. Exclusions • Professional & Consultant Services: Contracts predominantly for the performance of professional or consultant services.

14. Exclusions – Professional or Cosultant • con·sult·antn. 1. One that gives expert or professional advice. 2. One that consults another. • The American Heritage Dictionary (3d ed. 1994) • Professional • Is there a professional organization • Are their nationally recogized certifications • Are individuals licensed, e.g., doctors

15. Exclusions – Professional or Consultant • For the purposes of these Regulations, consultant services shall be defined as follows: An individual, partnership, corporation or any other legally established organization performing consulting services for or providing consulting advice to the State of South Carolina, or any governmental body thereof, over whom the State or governmental body has the right of control as to the result to be accomplished but not as to the details and means by which that result is to be accomplished. • R. 19-445.2025(A)(1)

16. Your Job • Don’t subdivide • Identify covered contracts • Add appropriate clause only to covered contracts • Clauses @www.procurementlaw.sc.gov/immigration • Xxx

17. Enforcement • LLR • Primary enforcement • http://www.llr.state.sc.us/Immigration/ • “The South Carolina Department of Labor, Licensing and Regulation will investigate complaints and conduct audits of employers to assure compliance with the law. Complaints must be signed and in writing. Complaints against employers who employ less than 100 workers can not be accepted until July 1, 2010. Click here to access a complaint form (pdf).” • “The State” Newspaper – November 7, 2009

18. Enforcement • You • Acquire agreement from contractor on covered contracts. • Creates real risk of business loosing current & future government contracts. • Safe Harbor Provision • 8-14-40

19. Section 8-14-40 • A public employer complies with Title 8, Chapter 14 if it obtains a written statement from the contractor certifying that the contractor will comply with the requirements of Title 8, Chapter 14 and agrees to provide to the public employer any documentation required to establish either: (a) the applicability of Title 8, Chapter 14 to the contractor, subcontractor, and sub-subcontractor; or (b) the compliance with Title 8, Chapter 14 by the contractor and any subcontractor or sub-subcontractor.