senate Bill S3879

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 26 / Feb / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 03 / Jun / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 03 / Mar / 2014
    • REPORTED AND COMMITTED TO FINANCE

Summary

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.

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Bill Details

Versions:
S3879
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Civil Service Law
Laws Affected:
Add §153, Civ Serv L; add §135-b, St Fin L; add §103-h, Gen Muni L
Versions Introduced in 2011-2012 Legislative Cycle:
S5497

Votes

5
2
5
Aye
2
Nay
4
aye with reservations
0
absent
0
excused
0
abstained
show Civil Service and Pensions committee vote details

Sponsor 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3879

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07287-01-3

S. 3879                             2

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

S. 3879                             3

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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