S T A T E O F N E W Y O R K
________________________________________________________________________
4863
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
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Introduced by M. of A. ALESSI -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the state finance law, in relation to mandatory verifi-
cation of an employee's legal status
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
139-l to read as follows:
S 139-L. MANDATORY VERIFICATION OF AN EMPLOYEE'S LEGAL STATUS. 1. FOR
THE PURPOSE OF THIS SECTION:
A. "CONTRACTOR" SHALL MEAN ANY ENTITY ENTERING INTO A CONTRACT TO
PROVIDE GOODS OR SERVICES TO THE STATE WHICH EMPLOYS ONE OR MORE INDI-
VIDUALS.
B. "EMPLOYEE" SHALL MEAN ANY INDIVIDUAL EMPLOYED OR PERMITTED TO WORK
FOR A CONTRACTOR IN ANY OCCUPATION. THIS SHALL INCLUDE ALL FULL-TIME,
PART-TIME, SEASONAL AND TEMPORARY EMPLOYEES.
2. ANY ENTITY ENTERING INTO A CONTRACT FOR WORK OR SERVICES TO BE
PERFORMED OR GOODS TO BE SOLD TO THE STATE OF NEW YORK SHALL VERIFY THAT
ALL ITS EMPLOYEES ARE AUTHORIZED UNDER FEDERAL LAW TO BE PRESENT IN THE
UNITED STATES. A CONTRACTOR SHALL BE DEEMED TO HAVE COMPLIED WITH THE
REQUIREMENTS OF SUBDIVISION THREE OF THIS SECTION IF SUCH CONTRACTOR HAS
AND RETAINS APPROPRIATE DOCUMENTATION OF THE EMPLOYEE'S LEGAL STATUS
WITHIN THREE BUSINESS DAYS OF THE EMPLOYEE'S HIRE DATE. AN INDIVIDUAL
WHO PROVIDES THE APPROPRIATE PAPERWORK IS PRESUMED TO BE ELIGIBLE TO
WORK IN THE UNITED STATES.
3. PROOF OF AN EMPLOYEE'S LAWFUL PRESENCE IN THE UNITED STATES SHALL
INCLUDE VALID DOCUMENTARY EVIDENCE, FROM THE NECESSARY STATE OR FEDERAL
AGENCY, THAT SUCH PERSON: (I) IS A UNITED STATES CITIZEN, (II) IS AN
ALIEN LAWFULLY ADMITTED FOR PERMANENT OR TEMPORARY RESIDENCE, (III) HAS
A CONDITIONAL PERMANENT RESIDENT STATUS, (IV) IS A REFUGEE OR HAS BEEN
GRANTED ASYLUM, (V) HAS A VALID, UNEXPIRED NONIMMIGRANT VISA OR NONIMMI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08159-01-9
A. 4863 2
GRANT VISA STATUS, (VI) HAS A PENDING APPLICATION FOR ASYLUM, (VII) HAS
A PENDING OR APPROVED APPLICATION FOR TEMPORARY PROTECTED STATUS, (VIII)
HAS APPROVED DEFERRED STATUS, OR (IX) HAS A PENDING APPLICATION FOR
ADJUSTMENT OF STATUS TO THAT OF AN ALIEN LAWFULLY ADMITTED FOR PERMANENT
RESIDENCE OR CONDITIONAL PERMANENT RESIDENT STATUS.
4. A PHOTOCOPY OF THE DOCUMENTS RELIED UPON TO VERIFY AN EMPLOYEE'S
LEGAL STATUS SHALL BE PLACED IN THE EMPLOYEE'S FILE AND KEPT BY THE
EMPLOYER FOR THREE YEARS AFTER THE HIRE DATE OR FOR ONE YEAR AFTER
EMPLOYMENT IS TERMINATED, WHICHEVER IS LATER.
5. IF A CONTRACTOR RECEIVES EVIDENCE THAT THE DOCUMENTATION PRESENTED
TO VERIFY LEGAL STATUS HAS BEEN STOLEN, IS FORGED OR IS FAKE, THE
EMPLOYER SHALL CONDUCT A PROMPT AND THOROUGH INVESTIGATION. IF THE
RESULTS OF THE INVESTIGATION DEMONSTRATE THAT THE PAPERWORK SUBMITTED TO
VERIFY LEGAL STATUS IS UNRELIABLE, THE EMPLOYEE SHALL BE TERMINATED FOR
FAILURE TO PRODUCE EVIDENCE THAT HE OR SHE IS LEGALLY PRESENT. THE
INVESTIGATION SHALL BE DOCUMENTED.
6. ANY CONTRACTOR IN VIOLATION OF THIS SECTION SHALL PAY A CIVIL
PENALTY IN AN AMOUNT OF NOT LESS THAN ONE HUNDRED DOLLARS AND NOT MORE
THAN ONE THOUSAND DOLLARS FOR EACH EMPLOYEE WITH RESPECT TO WHOM SUCH
VIOLATION OCCURRED.
S 2. This act shall take effect immediately; provided further that the
provisions of this act shall apply to contracts entered into, altered,
modified, extended, or renewed on or after such effective date.