Assembly Bill A10720

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

                                  10720

                          I N  A S S E M B L Y

                             April 16, 2010
                               ___________

Introduced by M. of A. ERRIGO -- read once and referred to the Committee
  on Labor

AN  ACT  to  amend  the  labor  law, in relation to requiring public and
  private employers to register for  and  participate  in  the  E-verify
  program  for  verification of employment eligibility; and to amend the
  tax law, in relation to establishing a tax credit for  employers  with
  less  than fifty employees that register for the E-verify program by a
  certain time

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The labor law is amended by adding a new section 219-b to
read as follows:
  S 219-B. EMPLOYER VERIFICATION  OF  EMPLOYMENT  ELIGIBILITY;  E-VERIFY
PROGRAM.  1.  FOR THE PURPOSE OF THIS SECTION, THE FOLLOWING WORDS SHALL
BE DEFINED AS FOLLOWS:
  (A) "EMPLOYER" MEANS ANY PERSON, ENTITY, BUSINESS, CORPORATION, LIMIT-
ED LIABILITY COMPANY, OR ASSOCIATION EMPLOYING  ANY  INDIVIDUAL  IN  ANY
OCCUPATION, INDUSTRY, TRADE, BUSINESS OR SERVICE;
  (B) "PUBLIC EMPLOYER" MEANS EVERY DEPARTMENT, AGENCY, OR INSTRUMENTAL-
ITY OF THE STATE OR POLITICAL SUBDIVISION OF THE STATE;
  (C)  "EMPLOYEE"  MEANS  ANY  PERSON  OR  ENTITY EMPLOYED FOR HIRE BY A
PUBLIC OR PRIVATE EMPLOYER IN ANY EMPLOYMENT; AND
  (D) "E-VERIFY PROGRAM" MEANS THE  ELECTRONIC  EMPLOYMENT  VERIFICATION
PROGRAM  THAT  IS AUTHORIZED BY THE ILLEGAL IMMIGRATION REFORM AND IMMI-
GRATION 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  UNITED  STATES  DEPARTMENT  OF HOMELAND SECURITY AND THE SOCIAL
SECURITY ADMINISTRATION, OR ITS SUCCESSOR PROGRAM.
  2. EVERY PUBLIC OR PRIVATE EMPLOYER SHALL REGISTER FOR AND PARTICIPATE
IN THE E-VERIFY PROGRAM, OR ITS SUCCESSOR PROGRAM, FOR  THE  PURPOSE  OF
VERIFYING  THE  EMPLOYMENT  ELIGIBILITY  STATUS OF SUCH EMPLOYER'S NEWLY
HIRED EMPLOYEES BY THE FOLLOWING DATES:
  (A) FOR AN EMPLOYER WITH ONE HUNDRED OR MORE EMPLOYEES, NO LATER  THAN
JULY FIRST, TWO THOUSAND ELEVEN;

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

                                                           LBD16747-01-0

A. 10720                            2

  (B)  FOR  AN EMPLOYER WITH AT LEAST FIFTY EMPLOYEES BUT FEWER THAN ONE
HUNDRED EMPLOYEES, NO LATER THAN JANUARY FIRST, TWO THOUSAND TWELVE;
  (C) FOR AN EMPLOYER WITH AT LEAST TWENTY-FIVE EMPLOYEES BUT FEWER THAN
FIFTY EMPLOYEES, NO LATER THAN JANUARY FIRST, TWO THOUSAND THIRTEEN;
  (D) FOR ALL OTHER EMPLOYERS, NO LATER THAN JANUARY FIRST, TWO THOUSAND
FOURTEEN.
  IF  AN  EMPLOYER  FAILS TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVI-
SION, SUCH EMPLOYER SHALL BE SUBJECT TO THE CIVIL PENALTIES SET FORTH IN
SUBDIVISION FOUR OF THIS SECTION.
  3. THE COMMISSIONER SHALL PROMULGATE AND ADMINISTER  RULES  AND  REGU-
LATIONS  AS  HE  OR SHE MAY DEEM APPROPRIATE AND NECESSARY TO EFFECTUATE
THE PROVISIONS OF THIS SECTION. THE COMMISSIONER SHALL BE AUTHORIZED  TO
INSPECT  ANY  EMPLOYER'S  BUSINESS  RECORDS  CONCERNING  SUCH EMPLOYER'S
REGISTRATION AND PARTICIPATION IN THE E-VERIFY PROGRAM. IF SUCH EMPLOYER
FAILS TO REGISTER OR PARTICIPATE IN SUCH PROGRAM PURSUANT TO SUBDIVISION
TWO OF THIS SECTION, THE COMMISSIONER SHALL BE AUTHORIZED TO IMPOSE  THE
CIVIL PENALTIES SET FORTH IN SUBDIVISION FOUR OF THIS SECTION.
  4.  IF  AFTER  INVESTIGATION  THE COMMISSIONER MAKES A FINDING THAT AN
EMPLOYER HAS WILLFULLY  OR  INTENTIONALLY  FAILED  TO  REGISTER  FOR  OR
PARTICIPATE  IN  THE E-VERIFY PROGRAM, AS REQUIRED BY SUBDIVISION TWO OF
THIS SECTION, THE COMMISSIONER SHALL BY AN ORDER  WHICH  SHALL  DESCRIBE
PARTICULARLY  THE  NATURE  OF THE VIOLATION, ASSESS THE EMPLOYER A CIVIL
PENALTY OF NOT MORE  THAN  ONE  THOUSAND  DOLLARS  FOR  THE  FIRST  SUCH
VIOLATION  AND  NOT  MORE  THAN  TWO  THOUSAND DOLLARS FOR A SECOND SUCH
VIOLATION. SUCH PENALTY SHALL BE PAID TO THE COMMISSIONER FOR DEPOSIT IN
THE TREASURY OF THE STATE. UPON A THIRD VIOLATION, AN EMPLOYER SHALL  BE
SUBJECT  TO  THE CANCELLATION OF ANY STATE OR PUBLIC CONTRACT, RESULTING
IN INELIGIBILITY FOR ANY STATE OR PUBLIC CONTRACT FOR UP TO FIVE  YEARS;
THE  LOSS  OF ANY LICENSE, PERMIT, CERTIFICATE OR OTHER DOCUMENT GRANTED
TO THE EMPLOYER BY ANY AGENCY, DEPARTMENT OR GOVERNMENT  ENTITY  IN  THE
STATE OF NEW YORK FOR THE RIGHT TO DO BUSINESS IN NEW YORK FOR UP TO ONE
YEAR,  OR  BOTH.  THE  EMPLOYER SHALL BE LIABLE FOR ANY ADDITIONAL COSTS
INCURRED BY THE AGENCIES AND INSTITUTIONS OF THE STATE OF NEW  YORK,  OR
ANY  OF  ITS  POLITICAL SUBDIVISIONS, BECAUSE OF THE CANCELLATION OF THE
CONTRACT OR LOSS OF ANY LICENSE OR PERMIT TO DO BUSINESS IN THE STATE.
  S 2. Section 210 of the tax law is amended by adding a new subdivision
22-a to read as follows:
  22-A. CREDIT FOR REGISTRATION FOR E-VERIFY  PROGRAM.  (A)  GENERAL.  A
TAXPAYER,  WHO HAS FEWER THAN FIFTY EMPLOYEES, SHALL BE ALLOWED A CREDIT
AGAINST THE TAX IMPOSED BY THIS ARTICLE, FOR REGISTERING FOR THE E-VERI-
FY PROGRAM, AS DESCRIBED IN SECTION TWO HUNDRED NINETEEN-B OF THE  LABOR
LAW,   BETWEEN   JANUARY   FIRST,   TWO  THOUSAND  ELEVEN  AND  DECEMBER
THIRTY-FIRST, TWO THOUSAND ELEVEN.
  (B) AMOUNT OF CREDIT. A CREDIT SHALL BE ALLOWED IN THE AMOUNT  OF  TWO
HUNDRED FIFTY DOLLARS FOR THE TAXABLE YEAR IN WHICH SUCH TAXPAYER REGIS-
TERED FOR THE E-VERIFY PROGRAM.
  (C)  CARRYOVER.  IF THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBDIVI-
SION FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR  SUCH  TAX
YEAR, THE EXCESS MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS, AND
MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
  S 3. This act shall take effect immediately.