S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5301
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2017
                                ___________
 
 Introduced  by M. of A. LALOR -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the state finance law, in relation to creation of state-
   ment of not hiring of persons in this country illegally
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  state finance law is amended by adding a new section
 148 to read as follows:
   § 148. STATEMENT OF NOT HIRING OF PERSONS IN THIS  COUNTRY  ILLEGALLY.
 1. EVERY BID HEREAFTER MADE TO THE STATE OR ANY PUBLIC DEPARTMENT, AGEN-
 CY  OR  OFFICIAL THEREOF, WHERE COMPETITIVE BIDDING IS REQUIRED BY STAT-
 UTE, RULE OR REGULATION,  FOR  WORK  OR  SERVICES  PERFORMED  OR  TO  BE
 PERFORMED  OR  GOODS  SOLD  OR  TO  BE SOLD, SHALL CONTAIN THE FOLLOWING
 STATEMENT SUBSCRIBED BY THE BIDDER AND AFFIRMED BY SUCH BIDDER  AS  TRUE
 UNDER  THE PENALTIES OF PERJURY:  CERTIFICATION OF NOT HIRING OF PERSONS
 IN THIS COUNTRY ILLEGALLY.
   (A) "BY SUBMISSION OF THIS BID, EACH BIDDER AND EACH PERSON SIGNING ON
 BEHALF OF ANY BIDDER CERTIFIES, AND IN THE CASE  OF  A  JOINT  BID  EACH
 PARTY  THERETO  CERTIFIES  AS  TO ITS OWN ORGANIZATION, UNDER PENALTY OF
 PERJURY, THAT TO THE BEST OF HIS OR HER KNOWLEDGE AND BELIEF THE PERSONS
 HIRED BY THE BIDDER ARE PERSONS ALLOWED TO REMAIN AND WORK  WITHIN  THIS
 COUNTRY LEGALLY."
   (B)  NOTWITHSTANDING  THE  FOREGOING,  THE  STATEMENT OF NOT HIRING OF
 PERSONS IN THIS COUNTRY ILLEGALLY MAY  BE  SUBMITTED  ELECTRONICALLY  IN
 ACCORDANCE  WITH  THE  PROVISIONS  OF  SUBDIVISION  SEVEN OF SECTION ONE
 HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW.
   2. A BID SHALL NOT BE CONSIDERED FOR AWARD NOR SHALL ANY AWARD BE MADE
 WHERE SUBDIVISION ONE OF THIS SECTION HAS NOT BEEN COMPLIED WITH.
   3. ANY BID HEREAFTER MADE TO THE STATE OR ANY PUBLIC DEPARTMENT, AGEN-
 CY OR OFFICIAL THEREOF BY  A  CORPORATE  BIDDER  FOR  WORK  OR  SERVICES
 PERFORMED  OR TO BE PERFORMED OR GOODS SOLD OR TO BE SOLD, WHERE COMPET-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09549-01-7

 A. 5301                             2
 
 ITIVE BIDDING IS REQUIRED BY STATUTE, RULE OR REGULATION, AND WHERE SUCH
 BID CONTAINS THE CERTIFICATION REFERRED TO IN SUBDIVISION  ONE  OF  THIS
 SECTION,  SHALL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE BOARD OF DIREC-
 TORS  OF  THE  BIDDER, AND SUCH AUTHORIZATION SHALL BE DEEMED TO INCLUDE
 THE SIGNING AND SUBMISSION OF THE BID AND THE INCLUSION THEREIN  OF  THE
 CERTIFICATE AS TO NOT HIRING OF PERSONS IN THIS COUNTRY ILLEGALLY AS THE
 ACT AND DEED OF THE CORPORATION.
   § 2. This act shall take effect immediately.