E-Verify Legislation in Tennessee

Employer types affected by enacted state legislation:

Tennessee has legislation in place affecting current employers:

HB 729 enacted on 6/26/2007

• The act provides for administrative procedures against employers who knowingly hire illegal immigrants, including the temporary suspension of an employer’s business license.

SB 903 enacted on 5/24/2007

• Tennessee SB 903 - Chapter 220 (Signed 5/24/2007)
  This legislation prohibits the use in the state of a federal individual taxpayer identification number as a form of identification to prove immigration status. It provides that for purposes of an application or offer of employment, no person in this state shall accept an ITI N as a form of identification. Any person, including any contractor, in the state who is presented with an individual taxpayer identification number by a potential employee or subcontractor shall reject such number G41and request lawful residency information.

EO 41 enacted on 9/5/2006

• Requires persons and companies doing business with the state to attest on a semi-annual basis that they will not knowingly utilize the services of any subcontractor who employs illegal immigrants.  Those discovered to have knowingly used the services of illegal immigrants in the performance of providing goods or services to the state will be prohibited from contracting or bidding on any contract for a period of one  year thereafter.  The provisions of the mandate, which also include random checks of personnel records, must be clearly stated in all future contracts. 

Public Acts 2007, Chapter 529 enacted on 6/7/2007

• Creates the offenses of knowingly employing, recruiting for employment or referring for a fee an illegal alien. Authorizes state and local government entities to report suspected violations to the Department of Labor and Workforce. Establishes penalties for committing such offenses. Effective January 1, 2008.

Public Acts 2007, Chapter 220 enacted on 4/9/2007

• Requires that no person in the state shall accept an individual taxpayer identification number as a form of identification. Any person, including any contractor, in the state who is presented with an individual taxpayer identification number by a potential employee or subcontractor as a form of identification or to prove immigration status shall reject such number and shall request the lawful resident verification information that the person is required to obtain pursuant to federal law. Effective immediately.

Public Acts 2006, Chapter 878 enacted on 6/1/2006

• Public Acts 2006, Chapter 878: Final version (June 1, 2006) prohibits businesses from contracting with the state without first attesting in writing that it will not knowingly utilize the services of illegal immigrants or of any subcontractor who will utilize illegal immigrants. Prohibits contracting with state within one year of discovery that contractor has employed illegal immigrants. The bar from contracting may be appealed.

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