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Assembly Bill A3306

2011-2012 Legislative Session

Provides that a state agency may deny, suspend or revoke a license on the basis of violations of federal immigration law

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Archive: Last Bill Status - Stricken

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2011-A3306 (ACTIVE) - Details

Law Section:
State Administrative Procedure Act
Laws Affected:
Add ยง402, St Ad Proc Act
Versions Introduced in 2009-2010 Legislative Session:
A4123

2011-A3306 (ACTIVE) - Summary

Provides that a state agency may deny, suspend or revoke a license, for a period of not greater than five years, on the basis of two violations, occurring in a five year period, of certain provisions of the federal immigration reform and control act of 1986 relating to the hiring of aliens not authorized to work in the United States.

2011-A3306 (ACTIVE) - Bill Text download pdf 

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

                                  3306

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced  by M. of A. CLARK -- Multi-Sponsored by -- M. of A. BOYLAND,
  PEOPLES-STOKES, ROBINSON -- read once and referred to the Committee on
  Governmental Operations

AN ACT to amend the state administrative procedure act, in  relation  to
  denial,  suspension  and revocation of a license by a state agency for
  violations of the federal immigration reform and control act of 1986

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

  Section 1. The state administrative procedure act is amended by adding
a new section 402 to read as follows:
  S  402.  DENIAL,  SUSPENSION AND REVOCATION OF LICENSE FOR IMMIGRATION
LAW VIOLATIONS. ANY AGENCY MAY DENY, SUSPEND OR REVOKE A LICENSE, FOR  A
PERIOD NOT TO EXCEED FIVE YEARS, ON THE GROUND THAT THE LICENSEE, WITHIN
A  FIVE  YEAR  PERIOD, VIOLATED EITHER SECTION 274A (A)(1)(A) OR SECTION
274A(A)(2), OR BOTH SUCH SECTIONS OF THE FEDERAL IMMIGRATION REFORM  AND
CONTROL  ACT  OF  1986  (8  U.S.C.  SEC.  1324A  (A)(1)(A)  AND  SECTION
1324A(A)(2), RESPECTIVELY) ON  TWO  OR  MORE  SEPARATE  OCCASIONS,  EACH
INVOLVING  ONE  OR  MORE  EMPLOYEES,  IN  CONNECTION  WITH THE BUSINESS,
PROFESSION, OR OTHER ACTIVITY FOR WHICH THAT LICENSE  IS  REQUIRED.  FOR
PURPOSES  OF  THIS  SECTION,  A  VIOLATION  OF SECTION 274A (A)(1)(A) OR
SECTION 274A(A)(2) OF THE FEDERAL IMMIGRATION REFORM AND CONTROL ACT  OF
1986  SHALL  BE  DEEMED  TO HAVE OCCURRED ONLY IF THERE HAS BEEN A FINAL
DETERMINATION, PURSUANT TO SUCH ACT, THAT THE LICENSEE  VIOLATED  EITHER
SUCH  SECTION.    IF  THE  LICENSEE IS AN INDIVIDUAL, THIS SECTION SHALL
APPLY ONLY IF THE LICENSEE WAS  DETERMINED  TO  HAVE  BEEN  INDIVIDUALLY
RESPONSIBLE  AND  ACCOUNTABLE  FOR  THE  VIOLATION  OF  SUCH ACT AND ANY
INJUNCTIONS ISSUED OR PENALTIES ASSESSED WERE DIRECTED TO  THE  LICENSEE
AS AN INDIVIDUAL, REGARDLESS OF WHETHER A BUSINESS OR PROFESSIONAL ENTI-
TY  IN  WHICH  THE LICENSEE HAD AN OWNERSHIP INTEREST, OR WITH WHICH THE
LICENSEE HAD AN EMPLOYMENT OR OTHER RELATIONSHIP, AT  THE  TIME  OF  THE
VIOLATION, WAS ENJOINED OR ASSESSED PENALTIES THEREFOR.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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