January 26, 2011, Introduced by Senators ANDERSON, BIEDA and JOHNSON and referred to the Committee on Economic Development.
A bill to amend 1984 PA 431, entitled
"The management and budget act,"
(MCL 18.1101 to 18.1594) by adding section 264a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 264a. (1) The department or a state agency shall not
award a procurement contract to a vendor unless the vendor has
submitted a verified statement affirming all of the following:
(a) Within the past 5 years the vendor or an officer of the
vendor has not been convicted of, or been held responsible in an
administrative hearing or other civil proceeding for, violating a
state or federal law respecting the employment of persons not
authorized to work in the United States.
(b) In performing the contract, the vendor will not directly
or indirectly employ a person who is unauthorized to work in the
United States.
(c) The vendor will take reasonable steps to ascertain that
each person employed to perform services directly or indirectly
under the state contract is authorized to work in the United
States.
(d) If the vendor learns that a person who is not authorized
to work in the United States is performing services directly or
indirectly on the state contract, the vendor will immediately
replace, or require the subcontractor to replace, that person with
an authorized worker.
(2) After notice and a hearing, if the department determines
that a contractor or subcontractor knowingly submitted false
information or knowingly violated the affirmations required under
subsection (1), the state may do 1 or more of the following:
(a) Cancel the contract.
(b) Require forfeiture to the state of up to 20% of the
payment due under the contract.
(c) Debar the vendor or subcontractor from bidding on, or the
award of, state contracts for a period of not more than 5 years.