S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5951
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 2, 2021
                                ___________
 
 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  requiring  that
   certain  bids  for state contracts contain a statement certifying that
   the bidder has not hired 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:
   (A) "CERTIFICATION OF NOT HIRING OF PERSONS IN THIS COUNTRY ILLEGALLY.
 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 THER-
 ETO 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 LEGAL-
 LY."
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07383-01-1

 A. 5951                             2
 
 PERFORMED OR TO BE PERFORMED OR GOODS SOLD OR TO BE SOLD, WHERE  COMPET-
 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.