SB40 Alabama 2010 Session

Summary

Primary Sponsor

Zeb Little

Democrat

Session

Regular Session 2010

Title

State contracts, employment of illegal immigrants by contractor prohibited, certification required, penalties

Summary

SB40 would require state contract bidders to certify they will not knowingly hire unauthorized aliens and would impose a civil penalty if they do.

What This Bill Does

Requires individuals and businesses bidding on or performing state contracts to certify in writing that they will not employ any unauthorized aliens during the contract. Imposes a civil penalty equal to 3% of the contract value if the contractor is proven to have knowingly employed unauthorized aliens, with a maximum of 3% of the contract value during the contract's performance. Defines key terms (such as actual knowledge and unauthorized alien), allows enforcement by state agencies, preempts local laws, clarifies subcontractor certification does not make the main contractor vicariously liable, and states there is no private right of action.

Who It Affects

• Contractors that bid on or perform state contracts; they must certify they will not knowingly hire unauthorized aliens and may face a 3% of contract value civil penalty for violations.
• State agencies and other public entities that award and oversee contracts; they must require the certification, enforce penalties, and administer the contract with this act in mind.

Key Provisions

• Contractors bidding on or performing state contracts must certify in writing that they will not employ unauthorized aliens.
• Civil penalties for violations are equal to 3% of the contract value, with a maximum of 3% during the contract's performance.
• Definitions for terms including actual knowledge, contractor, state agency, and unauthorized alien, and rules about when knowledge is imputed to an employer.
• Subcontractors: a contractor’s written certification from a subcontractor does not make the contractor vicariously liable for the subcontractor's noncompliance.
• Preemption: the act overrides local ordinances or regulations on the same topic.
• Good faith compliance provides protection from sanctions for employing unauthorized aliens that are not in violation of the act, and there is no private right of action created by this act.
• Effective date: the act becomes effective on the first day of the third month after its passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

State Agencies