Bill S3879-2013

Requires all state and local agencies, and government contractors to register for and participate in the E-verify program

Requires all state and local agencies, and government contractors to register for and participate in the E-verify program for the purpose of verifying the eligibility for employment of potential employees.

Details

Actions

  • Mar 3, 2014: REPORTED AND COMMITTED TO FINANCE
  • Jan 8, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS
  • Jun 3, 2013: REPORTED AND COMMITTED TO FINANCE
  • Feb 26, 2013: REFERRED TO CIVIL SERVICE AND PENSIONS

Meetings

Votes

VOTE: COMMITTEE VOTE: - Civil Service and Pensions - Jun 3, 2013
Ayes (5): Golden, Hannon, Lanza, Savino, Addabbo
Ayes W/R (4): Fuschillo, Martins, Ritchie, Dilan
Nays (2): Sanders, Perkins
VOTE: COMMITTEE VOTE: - Civil Service and Pensions - Mar 3, 2014
Ayes (4): Golden, Hannon, Lanza, Savino
Ayes W/R (4): Martins, Ritchie, Addabbo, Dilan
Nays (2): Sanders, Perkins

Memo

BILL NUMBER:S3879                REVISED 2/27/14

TITLE OF BILL: An act to amend the civil service law, in relation to requiring public employers to register for and participate in the E-verify program for verification of employment eligibility; and to amend the state finance law and the general municipal law, in relation to requiring persons and entities contracting with the state or a municipality to participate in such program

PURPOSE: This legislation will ensure that all jobs created by publicly financed projects are fairly provided to documented New York state taxpayers.

SUMMARY OF PROVISIONS:

Section One - amends the civil service law adding section 153 to define "E- Verify program" as an electronic verification program that is authorized by the Illegal Immigration Reform and Immigration Responsibility Act of 1996 and is jointly administered by the federal Department of Homeland Security and Social Security Administration.

Section One - defines the term "public employee" as any person holding a position by appointment or employment in the service of a public employer.

Section One - states every public employer shall register for and participate in the e-verify program for the purpose of verifying the employment eligibility status of every prospective public employee. No public employee shall by appointed or employed until the public employer shall have verified his or her eligibility for employment pursuant to the e-verify program.

Section One - appoints the commission, in consultation with the attorney general the authority to promulgate and administer the rules and regulations as they deem appropriate and necessary. The department will be authorized to inspect any public employer's records concerning the registration and participation in the E-verify program.

Section One - stipulates that after an investigation makes a finding that a public employer has willfully or intentionally failed to register for or participate in the E-verify program, the commission can issue an order describing the violated and ordering compliance within thirty days. Any failure to comply with such period will be referred to the attorney general who will have the authority to commence an action in supreme court to enforce the law.

Section Two - amends the state finance law by adding section 135-b to stipulate a clause will be inserted in all specifications or contracts made or awarded by the state or any public department, agency, official, public authority or public benefit corporation will register for and participate in the e-verify program. Any contract that fails to comply with this legislation will be rendered forfeit and void by the state comptroller.

Section Three - amends the general municipal law by adding a new section 103-h to set forth procedures for municipal contractor verification for employment eligibility.

Section Four - states this act will take effect on the first of January next succeeding the date on which it shall have become a law, provided that, effective immediately, any actions necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.

JUSTIFICATION: This legislation will ensure the verification of employment eligibility of persons and entities contracting with state or local municipalities. Public employers will be required to register for, and participate in, the electronic verification program. The purpose of this program is to verify the employment eligibility status of all public and/or contracted employees on a publicly financed project. All businesses awarded contracts or services by a public agency will be required to participate in the employment verification program.

This legislation ensures that jobs created by publicly financed projects are fairly provided to eligible employees.

Across the state, companies that unfairly hire ineligible workers to provide labor for publicly financed projects, operate with an unfair cost advantage against competing reputable general contractors who are committed to paying eligible workers a fair wage with benefits. Furthermore, when a company chooses to hire ineligible workers, the ineligible worker's income is not taxed by the state and as a result, the state suffers from the loss of precious tax dollars forcing the state to cut budgets for first responders, teachers, healthcare and other valuable services that are needed by millions of New Yorkers. This bill ensures that the jobs created by New York State taxpayer dollars to finance public projects are fairly provided to eligible employees.

LEGISLATIVE HISTORY: 2011- S.5497, Held in Civil Service and Pensions 2012- S.5497, Held in Civil Service and Pensions 2013- S.3897, Held in Civil Service and Pensions

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: First of January next succeeding the date on which it shall have become a law, provided that, effective immediately, any actions necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.


Text

STATE OF NEW YORK ________________________________________________________________________ 3879 2013-2014 Regular Sessions IN SENATE February 26, 2013 ___________
Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend the civil service law, in relation to requiring public employers to register for and participate in the E-verify program for verification of employment eligibility; and to amend the state finance law and the general municipal law, in relation to requiring persons and entities contracting with the state or a municipality to partic- ipate in such program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The civil service law is amended by adding a new section 153 to read as follows: S 153. PUBLIC EMPLOYER VERIFICATION OF EMPLOYMENT ELIGIBILITY. 1. FOR THE PURPOSES OF THIS SECTION: (A) "E-VERIFY PROGRAM" MEANS THE ELECTRONIC VERIFICATION PROGRAM THAT IS AUTHORIZED BY THE ILLEGAL IMMIGRATION REFORM AND IMMIGRATION RESPON- SIBILITY ACT OF 1996, PUBLIC LAW 104-208, DIVISION C, SECTION 403 (A); 8 U.S.C. SECTION 1324 (H) (3), AND JOINTLY ADMINISTERED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY AND SOCIAL SECURITY ADMINISTRATION, OR ITS SUCCESSOR PROGRAM. (B) THE TERM "PUBLIC EMPLOYEE" MEANS ANY PERSON HOLDING A POSITION BY APPOINTMENT OR EMPLOYMENT IN THE SERVICE OF A PUBLIC EMPLOYER. (C) THE TERM "PUBLIC EMPLOYER" MEANS (I) THE STATE OF NEW YORK, (II) A COUNTY, CITY, TOWN, VILLAGE OR ANY OTHER POLITICAL SUBDIVISION OR CIVIL DIVISION OF THE STATE, (III) A SCHOOL DISTRICT OR ANY GOVERNMENTAL ENTI- TY OPERATING A PUBLIC SCHOOL, COLLEGE OR UNIVERSITY, (IV) A PUBLIC IMPROVEMENT OR SPECIAL DISTRICT, (V) A PUBLIC AUTHORITY, COMMISSION, OR PUBLIC BENEFIT CORPORATION, (VI) ANY OTHER PUBLIC CORPORATION, AGENCY OR INSTRUMENTALITY OR UNIT OF GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWERS UNDER THE LAWS OF THE STATE, OR (VII) ANY OTHER PERSON OR ENTITY ACTING ON BEHALF OF AN ENTITY LISTED IN ANY OTHER SUBPARAGRAPH OF THIS
PARAGRAPH AND WHICH RECEIVES PUBLIC FUNDS, OR ANY PERSON OR ENTITY PERFORMING PUBLIC WORK PURSUANT TO ARTICLE EIGHT OF THE LABOR LAW. 2. EVERY PUBLIC EMPLOYER SHALL REGISTER FOR AND PARTICIPATE IN THE E-VERIFY PROGRAM FOR THE PURPOSE OF VERIFYING THE EMPLOYMENT ELIGIBILITY STATUS OF EVERY PROSPECTIVE PUBLIC EMPLOYEE. NO PUBLIC EMPLOYEE SHALL BE APPOINTED OR EMPLOYED UNTIL THE PUBLIC EMPLOYER SHALL HAVE VERIFIED HIS OR HER ELIGIBILITY FOR EMPLOYMENT PURSUANT TO THE E-VERIFY PROGRAM. 3. THE COMMISSION, IN CONSULTATION WITH THE ATTORNEY GENERAL, SHALL PROMULGATE AND ADMINISTER SUCH RULES AND REGULATIONS AS IT MAY DEEM APPROPRIATE AND NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION. THE DEPARTMENT SHALL BE AUTHORIZED TO INSPECT ANY PUBLIC EMPLOYER'S RECORDS CONCERNING SUCH EMPLOYER'S REGISTRATION AND PARTICIPATION IN THE E-VERIFY PROGRAM. 4. IF AFTER INVESTIGATION THE COMMISSION MAKES A FINDING THAT A PUBLIC EMPLOYER HAS WILLFULLY OR INTENTIONALLY FAILED TO REGISTER FOR OR PARTICIPATE IN THE E-VERIFY PROGRAM, THE COMMISSION SHALL ISSUE AN ORDER, TO THE CHIEF EXECUTIVE OFFICER OF THE PUBLIC EMPLOYER, DESCRIBING THE NATURE OF THE VIOLATION AND ORDERING COMPLIANCE WITHIN THIRTY DAYS. ANY FAILURE TO COMPLY WITH SUCH PERIOD SHALL BE REFERRED TO THE ATTORNEY GENERAL WHO SHALL COMMENCE AN ACTION IN SUPREME COURT TO ENFORCE THE PROVISIONS OF THIS SECTION. S 2. The state finance law is amended by adding a new section 135-b to read as follows: S 135-B. STATE CONTRACTOR VERIFICATION OF EMPLOYMENT ELIGIBILITY. 1. FOR THE PURPOSES OF THIS SECTION, "E-VERIFY PROGRAM" MEANS THE ELECTRON- IC VERIFICATION PROGRAM THAT IS AUTHORIZED BY THE ILLEGAL IMMIGRATION REFORM AND IMMIGRATION RESPONSIBILITY ACT OF 1996, PUBLIC LAW 104-208, DIVISION C, SECTION 403(A); 8 U.S.C. SECTION 1324 (A)(H)(3), AND JOINTLY ADMINISTERED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY AND SOCIAL SECURITY ADMINISTRATION, OR ITS SUCCESSOR PROGRAM. 2. A CLAUSE SHALL BE INSERTED IN ALL SPECIFICATIONS OR CONTRACTS MADE OR AWARDED BY THE STATE OR ANY PUBLIC DEPARTMENT, AGENCY OR OFFICIAL THEREOF, OR BY A PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION FOR WORK OR SERVICES PERFORMED OR TO BE PERFORMED, OR FOR GOODS SOLD OR TO BE SOLD PURSUANT TO WHICH ANY CONTRACTOR, TO WHOM ANY CONTRACT SHALL BE LET, GRANTED OR AWARDED, AGREES AS A MATERIAL CONDITION OF THE CONTRACT, THAT SUCH CONTRACTOR AND EVERY SUBSTANTIALLY OWNED OR AFFILIATED PERSON, FIRM, PARTNERSHIP, LIMITED LIABILITY COMPANY OR CORPORATION, AND EVERY SUBCONTRACTOR OF SUCH CONTRACTOR HAS REGISTERED FOR AND PARTICIPATES IN THE E-VERIFY PROGRAM. 3. ANY SUCH CONTRACT SHALL BE RENDERED FORFEIT AND VOID BY THE STATE COMPTROLLER, IF THE DEPARTMENT OF LABOR OR THE DEPARTMENT OF LAW SHALL FIND THAT SUCH PERSON, FIRM, PARTNERSHIP, LIMITED LIABILITY COMPANY OR CORPORATION HAS FAILED TO REGISTER FOR OR PARTICIPATE IN THE E-VERIFY PROGRAM. 4. NOTHING CONTAINED IN THIS SECTION SHALL OPERATE TO IMPAIR ANY EXISTING CONTRACT, EXCEPT THAT ANY RENEWAL, AMENDMENT OR MODIFICATION OF SUCH CONTRACT OCCURRING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL BE SUBJECT TO THE CONDITIONS SPECIFIED IN THIS SECTION. S 3. The general municipal law is amended by adding a new section 103-h to read as follows: S 103-H. MUNICIPAL CONTRACTOR VERIFICATION FOR EMPLOYMENT ELIGIBILITY. 1. FOR THE PURPOSES OF THIS SECTION, "E-VERIFY PROGRAM" MEANS THE ELEC- TRONIC VERIFICATION PROGRAM THAT IS AUTHORIZED BY THE ILLEGAL IMMI- GRATION REFORM AND IMMIGRATION RESPONSIBILITY ACT OF 1996, PUBLIC LAW 104-208, DIVISION C, SECTION 403(A); 8 U.S.C. SECTION 1324(A)(H)(3), AND
JOINTLY ADMINISTERED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY AND SOCIAL SECURITY ADMINISTRATION, OR ITS SUCCESSOR PROGRAM. 2. A CLAUSE SHALL BE INSERTED IN ALL SPECIFICATIONS OR CONTRACTS MADE OR AWARDED BY A POLITICAL SUBDIVISION, FIRE COMPANY OR VOLUNTARY AMBU- LANCE SERVICE, OR ANY PUBLIC DEPARTMENT, AGENCY OR OFFICIAL THEREOF FOR WORK OR SERVICES PERFORMED OR TO BE PERFORMED, OR FOR GOODS SOLD OR TO BE SOLD PURSUANT TO WHICH ANY CONTRACTOR, TO WHOM ANY CONTRACT SHALL BE LET, GRANTED OR AWARDED, AGREES, AS A MATERIAL CONDITION OF THE CONTRACT, THAT SUCH CONTRACTOR AND EVERY SUBSTANTIALLY OWNED OR AFFIL- IATED PERSON, FIRM, PARTNERSHIP, LIMITED LIABILITY COMPANY OR CORPO- RATION, AND EVERY SUBCONTRACTOR OF SUCH CONTRACTOR HAS REGISTERED FOR AND PARTICIPATES IN THE E-VERIFY PROGRAM. 3. ANY SUCH CONTRACT SHALL BE RENDERED FORFEIT AND VOID BY THE STATE COMPTROLLER, IF THE DEPARTMENT OF LABOR OR THE DEPARTMENT OF LAW SHALL FIND THAT SUCH PERSON, FIRM, PARTNERSHIP, LIMITED LIABILITY COMPANY OR CORPORATION HAS FAILED TO REGISTER FOR OR PARTICIPATE IN THE E-VERIFY PROGRAM. 4. NOTHING CONTAINED IN THIS SECTION SHALL OPERATE TO IMPAIR ANY EXISTING CONTRACT, EXCEPT THAT ANY RENEWAL, AMENDMENT OR MODIFICATION OF SUCH CONTRACT OCCURRING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL BE SUBJECT TO THE CONDITIONS SPECIFIED IN THIS SECTION. S 4. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law, provided that, effec- tive immediately, any actions necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.

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