TO:
FROM:
DATE:
RE:
M E M O R A N D U M
CONTRACTORS AND GRANTEES
BISHOP STATE COMMUNITY COLLEGE
April 17, 2012
H.B. 56 - ALABAMA IMMIGRATION LAW COMPLIANCE
The purpose of this Memorandum is to direct your prompt attention to Alabama Immigration
Law Compliance flow-down requirements that will be in effect on January 1, 2012. Those are
discussed herein and can be summarized as follows:
1. PROVIDE the Alabama Community College System (ACCS) Institution proof that you
are in compliance with the immigration law by timely submitting a notarized Affidavit of
Immigration Law Compliance and an E-Verify Memorandum of Understanding;
2. PROVIDE the ACCS Institution a signed Alabama Immigration Law Compliance
Contract in the attached Notice form provided;
3. PROVIDE your subcontractors notice of their compliance obligations and OBTAIN from
each a notarized Affidavit of Immigration Law Compliance- SUBCONTRACTOR.
The requirements above, imposed by H.B. 56, are “a condition for the award of any contract,
grant, or incentive by the State of Alabama, any political subdivision thereof, or any state-funded
entity to a business entity or employer that employs one or more employees [working in the State
of Alabama].”
1
AS A Contractor
2
or a Grantee, if you believe these obligations do not apply to
you, please notify the Institution immediately.
For your convenience, we have included for your use a sample AFFIDAVIT OF IMMIGRATION
COMPLIANCE–CONTRACTOR AND GRANTEES. Please complete, notarize, and return a copy to the
Board along with your attached E-VERIFY MEMORANDUM OF UNDERSTANDING. See ALA. CODE
§ 31-13-9 (c).
In turn, you are to obtain from your subcontractors a notarized AFFIDAVIT OF ALABAMA
IMMIGRATION COMPLIANCE–SUBCONTRACTOR.
If you contract with more than one school system, you will only need to have one affidavit
completed and notarized, and then provide a copy to the requesting Boards. You are required to
maintain your subcontractors’ affidavits at your offices. These documents will be subject to
audit. You may provide a copy of this Memorandum with your notification memorandum to
your subcontractors as an explanation for this mandatory requirement.
Finally, you will find a NOTICE OF ALABAMA IMMIGRATION LAW COMPLIANCE REQUIREMENTS
TO ALL
CONTRACTORS (“CONTRACTORS”) OF LOCAL BOARD OF EDUCATION for execution by
contractors and to be returned to the Board. To the extent that there is no formal written contract
between a contractor and the Board, such as where business is conducted by purchase order, this
document shall serve as your Alabama Immigration Compliance Contract. Similar language will
also be in contractual agreements or grant documents with the Board.
AFFIDAVIT OF ALABAMA IMMIGRATION COMPLIANCE BY A
CONTRACTOR OR GRANTEE TO LOCAL SCHOOL BOARD IN THE STATE OF ALABAMA AND/ OR THE
STATE BOARD OF EDUCATION
In compliance with SECTIONS 9 (a) and (b) BEASON-HAMMON ALABAMA TAXPAYER
AND CITIZEN PROTECTION ACT (the “Act”); CODE OF ALABAMA, SECTIONS 31-13-9
(a) and (b), this Affidavit of Alabama Immigration Compliance is to be completed and signed by
an officer or owner of a contractor or grantee and notarized, as a condition for the award of
any contract by an ACCS Institution or by the Alabama Department of Education (ALSDE) to
an employer that employs one or more employees in the State of Alabama and is a recipient
of funds from the State of Alabama Department of Education, or funds from any
political subdivision of the State of Alabama, or any public funded entity (including an
ACCS Institution). Contractors and Grantees are to provide notice to their Subcontractors
of their Alabama Immigration Compliance obligations.
State of ____________________________:
County of ____________________________:
Before me, a notary public, personally appeared ___________________________ (print name)
who, is duly authorized by the business entity/employer which appears below, being sworn, says
as follows:
As a condition for being a contractor or grantee on a project paid for by contract, grant, or
incentive by the State of Alabama, or any political subdivision thereof, or any state-funded
entity, I hereby attest that in my capacity as __________________________ (your position) for
____________________________________ (name of contractor or grantee), said Contractor or
Grantee does not knowingly employ, hire for employment, or continue to employ an
unauthorized alien. Further, Contractor or Grantee affirms that it is providing notice to its
subcontractors of their Alabama Immigration Compliance obligations.
I further attest that said Contractor or Grantee is enrolled in the E-Verify program and attached to
this Affidavit is our E-Verify Memorandum of Understanding confirming such program
enrollment. I have read this Affidavit and swear and affirm that it is true and correct.
_____________________________
Signature of Affiant
Sworn to and subscribed before me this _____day of ____________________, 2____.
I certify that the affiant is known (or made known) to me to be the identical party he or she
claims to be.
_____________________________
Signature and Seal of Notary Public
To be returned to the ACCS INSTITUTION.
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Notice of Alabama Immigration Law Compliance Requirements to all
Contractors of ACCS INSTITUTIONS
As a Contractor, as defined in the Act, to an ACCS, it is critical to your relationship (future or
continuing) with the Board that you comply with the Immigration Reform and Control Act of
1986, as amended by the Immigration Act of 1990, and the Beason-Hammon Alabama Taxpayer
and Citizen Protection Act. Accordingly, please provide your Affidavit of Immigration
Compliance with attached E-Verify Memorandum of Understanding, as requested in the attached
memorandum. If you do not believe these obligations apply to you, please notify the Board
immediately.
Every contract entered into by an ACCS Institution from this point forward with a contractor will
contain the following clause or one substantially similar:
Alabama Immigration Law Compliance Contract: Contractor agrees that it
will fully comply with the Immigration Reform and Control Act of 1986, as
amended by the Immigration Act of 1990, and the Beason-Hammon Alabama
Taxpayer and Citizen Protection Act, which makes it unlawful for an employer in
Alabama to knowingly hire or continue to employ an alien who is or has become
unauthorized with respect to such employment or to fail to comply with the I-9
requirements or fails to use E-Verify to verify the eligibility to legally work in the
United States for all of its new hires who are employed to work in the State of
Alabama. Without limiting the foregoing, Contractor shall not knowingly
employ, hire for employment, or continue to employ an unauthorized alien, and
shall have an officer or other managerial employee who is personally familiar
with the Contractor’s hiring practices to execute an affidavit to this effect on the
form supplied by the Board and return the same to the Board. Contractor shall
also enroll in the E-Verify Program prior to performing any work, or continuing
to perform any ongoing work, and shall remain enrolled throughout the entire
course of its performance hereunder, and shall attach to its affidavit the E-Verify
Program for Employment Verification and Memorandum of Understanding and
such other documentation as the Board may require to confirm Contractor’s
enrollment in the E-Verify Program. Contractor agrees not to knowingly allow
any of its subcontractors, or any other party with whom it has a contract, to
employ in the State of Alabama any illegal or undocumented aliens to perform
any work in connection with the Project, and shall include in all of its contracts a
provision substantially similar to this paragraph. If Contractor receives actual
knowledge of the unauthorized status of one of its employees in the State of
Alabama, it will remove that employee from the project, jobsite or premises of the
Board and shall comply with the Immigration Reform and Control Act of 1986, as
amended by the Immigration Act of 1990, and the Beason-Hammon Alabama
Taxpayer and Citizen Protection Act. Contractor shall require each of its
subcontractors, or other parties with whom it has a contract, to act in a similar
fashion. If Contractor violates any term of this provision, this Agreement will be
subject to immediate termination by the Board. To the fullest extent permitted by
law, Contractor shall defend, indemnify and hold harmless the Board from any
and all losses, consequential damages, expenses (including, but not limited to,
attorneys’ fees), claims, suits, liabilities, fines, penalties, and any other costs
arising out of or in any way related to Contractor’s failure to fulfill its obligations
contained in this paragraph.
To the extent that there is no formal written contract between the Board and the Contractor, such
as where business is conducted by purchase order, this document shall serve as the Alabama
Immigration Compliance Contract.
Alabama Immigration Law Compliance Contract Notice Acknowledged and Agreed by
Contractor whose name appears below:
_______________________________________________________
Contractor Officer or Owner Signature/Date
_______________________________________________________
Print Name/Title/Company
Please execute and return to the ACCS INSTITUTION within the next 10 days
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AFFIDAVIT OF ALABAMA IMMIGRATION COMPLIANCE BY A
SUBCONTRACTOR TO LOCAL SCHOOL BOARD IN THE STATE OF ALABAMA
AND/ OR THE STATE BOARD OF EDUCATION
In compliance with SECTIONS 9 (a) and (b) BEASON-HAMMON ALABAMA TAXPAYER AND
CITIZEN PROTECTION ACT (the “Act”); CODE OF ALABAMA, SECTIONS 31-13-9 (a) and (b), this
Affidavit of Alabama Immigration Compliance is to be completed and signed by an officer or owner
of a subcontractor and notarized, as a condition for the award of any contract by an ACCS
Institution (“the Institution”) or by the Alabama Department of Education (ALSDE) to a Contractor
that employs one or more employees in the State of Alabama and is a recipient of funds from
the State of Alabama Department of Education, or funds from any political subdivision of the State
of Alabama, or any public funded entity. As determined by the Chancellor of the Alabama Department
of Postsecondary Education, a notarized Subcontractor Affidavit in this format shall be acceptable by
all Contractors to all ACCS Institutions in the State of Alabama and the ADPE in compliance with
the Act. Subcontractors are to provide notice to their Subcontractors of their Alabama Immigration
Compliance obligations.
State of ______________________________:
County of ____________________________:
Before me, a notary public, personally appeared ___________________________ (print name) who,
is duly authorized by the business entity/employer which appears below, being sworn, says as follows:
As a condition for being a subcontractor to a contractor or grantee on a project paid for by contract, grant,
or incentive by the State of Alabama, or any political subdivision thereof, or any state-funded entity,
I hereby attest that in my capacity as __________________________ (your position)
for ____________________________________ (name of subcontractor), said subcontractor
does not knowingly employ, hire for employment, or continue to employ an unauthorized
alien. Further, subcontractor affirms that it is providing notice to its subcontractors of their
Alabama Immigration Compliance obligations.
I further attest that said subcontractor is enrolled in the E-Verify program and attached to this Affidavit
is our E-Verify Memorandum of Understanding confirming such program enrollment. Further, as a
direct subcontractor, for those current employees for whom the E-Verify system may not be used in
accordance with applicable federal rules and regulations, subcontractor has reviewed, or had reviewed,
the Form I-9s for each of its current employees and has a good faith belief that it has complied with
ALA. CODE § 31-13-9(c) and (d).
I have read this Affidavit and swear and affirm that it is true and correct.
______________________________
Signature of Affiant
Sworn to and subscribed before me this _____day of ____________________, 2____.
I certify that the affiant is known (or made known) to me to be the identical party he or she claims to be.
______________________________
Signature and Seal of Notary Public
To be returned to the Contractor or Grantee of an ACCS INSTITUTION.
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signature
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