FORM FOR SECTIONS 9 (c) BEASON-HAMMON ALABAMA TAXPAYER AND CITIZEN

							                      Alabama Immigration Law Guidance for School Boards

The Beason-Hammon Alabama Taxpayer and Citizen Protection Act includes several sections that
affect the financial operations of Alabama school boards. There has been much confusion in
determining the procedures necessary to implement the provisions of this law. Although guidance
was placed on the Alabama Department of Education’s web site in late December, subsequent
information from other state agencies is now available to provide this revised guidance for making
a good faith effort to comply with this new law. [The law is now codified in state laws as Title 31,
Chapter 13 of the Code of Alabama 1975.]

       Effective April 1, 2012, every business entity or employer in Alabama is required to enroll
        in E-Verify and follow the related federal law and regulations for verifying the
        employment eligibility of newly hired employees using the E-Verify program. [See Section
        31-13-15(b)].
       Two other sections of the law require business entities and employers with one or more
        employees working in Alabama to utilize the E-Verify program for newly hired employees
        as a condition of a contract, grant, or incentive awarded by a public entity on or after
        January 1, 2012. [See Section 31-13-9(a) & (b) and Section 31-13-25(b)].

After enrolling in the federal E-Verify program, the school board is required to verify the
immigration status of a newly hired employee (including a substitute employee) as part of the
employment process by utilizing the E-Verify program. School boards are prohibited by federal
laws from using E-Verify to pre-screen potential employees. However, school boards may inform
applicants and potential employees that the school board now uses the federal E-Verify program
for newly hired employees by providing the following notification:

Alabama school boards are required by state law to verify the employment eligibility of newly hired employees by
using the federal E-Verify program. New employees are required to provide a Social Security number, an unexpired
identity document that contains a photograph, and other acceptable documents that establish employment
eligibility. In addition to determining whether a new hire is authorized to work in the United States, E-Verify will
confirm that the employee’s name and Social Security number match.




Effective January 1, 2012, when the school board awards a contract or grant to a business entity or
employer (that has one or more employees working in Alabama), Section 31-13-9(a) requires that
the school board obtain a notarized affidavit and documentation of enrollment in the E-Verify
program. [A grant is commonly awarded by a school board as a result of an application. A
contract is usually awarded by a school board either as a result of a competitive bid or other
procurement process such as a contractual agreement.] An affidavit form that complies with
Section 31-13-9(a), (b) & (h) and Section 31-13-25(b) is attached to this document.
In some cases, a school board can be a subcontractor, such as a county commission contracting
with a school board to provide meals for a summer feeding program. A school board that is a
subcontractor on a project paid for by contract, grant or incentive by an Alabama public entity is
required to provide subcontractor affidavit documents to the contractor. [See Section 31-13-9(c)].
In the more common situations where a contractor paid under a school board contract employs a
subcontractor, the contractor would be responsible for obtaining the Section 31-13-9(c) affidavit
documents from the subcontractor. A subcontractor affidavit form that complies with Section 31-
13-9(c) is also attached to this document.

Because school boards often receive grants and contracts from the Alabama Department of
Education, the Section 31-13-9(a) & (b) affidavit documents for each school board must be
provided to the Alabama Department of Education before the contract or grant can be approved.
An internal document file of school board affidavit forms has been established for department
personnel to avoid multiple requests for affidavit forms for each contract, grant, or program
application.

Business entities or employers with one or more employees working in Alabama should be
notified of the requirements to enroll in the E-Verify program before the contract is signed or bids
are awarded. The E-Verify affidavit documents may not be necessary for some contracts awarded
by the school board because the contracting entity does not have any employees working in
Alabama. The law does not address the documentation required in these situations. A letter, fax,
e-mail, affidavit, or some type of documentation should be obtained from the business entity or
employer stating that the contracting entity is not required to provide an E-Verify affidavit.

State law does not require that bid specifications include specific language addressing the
requirements of the Beason-Hammon Alabama Taxpayer and Citizen Protection Act. However,
including the immigration requirements in the bid specifications would be beneficial in approving
the contract after the bid is awarded. Including the following language in bid specifications could
avoid questions from potential bidders:

Alabama laws (see Title 31, Chapter 13 of the Code of Alabama 1975) require that, as a condition for the award of a
contract by a school board to a business entity or employer with one or more employees working in Alabama, the
business entity or employer must provide an affidavit and documentation of enrollment in the E-Verify program.
During the performance of the contract, the business entity or employer shall participate in the E-Verify program
and shall verify every employee that is required to be verified according to the applicable federal rules and
regulations. An Affidavit of Alabama Immigration Law Compliance and the signature page from the contractor’s E-
Verify Memorandum of Understanding must be included with the bid. If you do not believe these requirements are
applicable to your entity, include an explanation justifying such exemption. An entity can obtain the E-Verify
Memorandum of Understanding upon completion in the E-Verify enrollment process located at the federal web site
www.uscis.gov/everify. The Alabama Department of Homeland Security (http://immigration.alabama.gov) has also
established an E-Verify employer agent account for any business entity or employer with 25 or fewer employees that
will provide a participating business entity or employer with the required documentation of enrollment in the E-
Verify program. An Employer Identification Number (EIN), also known as a Federal Tax Identification Number, is
required to enroll in E-Verify or to establish an E-Verify employer agent account.
     FORM FOR SECTIONS 9 (c) BEASON-HAMMON ALABAMA TAXPAYER AND CITIZEN
            PROTECTION ACT; CODE OF ALABAMA, SECTIONS 31-13-9 (c)


                                        AFFIDAVIT FOR SUBCONTRACTOR
(To be completed as a condition for performing work on a project paid for by contract, grant, or incentive by the State of Alabama, any
political subdivision thereof, or any state-funded entity)



State of      _________________________________________

County of _________________________________________

Before me, a notary public, personally appeared _____________________________________
                                                                                 (print name)
who, being duly sworn, says as follows:

As a condition for being a subcontractor on a project paid for by contract, grant, or incentive by the State
of Alabama, any political subdivision thereof, or any state-funded entity, I hereby attest that in my
capacity as
_______________________________________________ (state position) for

___________________________________________________________ (state subcontractor name)
said subcontractor shall not knowingly employ, hire for employment, or continue to employ an
unauthorized alien.

I further attest that said subcontractor is enrolled in the E-Verify program prior to performing any work on
the project.*

_________________________________________________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




*(ATTACH DOCUMENTATION ESTABLISHING THAT SUBCONTRACTOR IS ENROLLED IN THE E-VERIFY PROGRAM)