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Nebraska Governor Signs Law Mandating that Public Employers, Contractors Use E-Verify

Wednesday, April 15, 2009

(American Meat Institute)

Nebraska Governor Dave Heineman has signed into law a bill (LB 403) that will require public employers and contractors to register with and use the federal government's E-Verify program to determine the employment eligibility of new hires. The law will go into effect October 1, 2009.

Public contractors are defined as "any contractor or his or her subcontractor who is awarded a contract by a public employer for the physical performance of services within the State of Nebraska." The law also requires Nebraska's public employers to verify the legal status of all applicants trying to collect public benefits, directing the public employer not to provide benefits to a persons illegally present in the United States. The bill was sponsored by Senator Russ Karpisek (R-Wilber) at the governor's request.

While the bill does not require private employers to use E-Verify, the bill creates tax incentives for entities that use E-Verify.

The law can be found at: http://www.unicam.state.ne.us/FloorDocs/Current/PDF/Final/LB403.pdf.

Nebraska is the most recent state to mandate the use of E-Verify. Arizona (H.B. 2779), Arkansas (H.B. 1024), Colorado (HB 1343), Georgia (SB 529), Idaho (EO 2006-40), Minnesota (EO 08-1), Mississippi (SB 2988), Missouri (HB 1549), North Carolina (SB 1523), Oklahoma (HB 1804), Rhode Island (E0 8-01), South Carolina (HB 4400) and Utah (SB 81) all mandate its use in some form.

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