NY State Senate Bill S6812

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to labor
Oct 28, 2019	referred to rules

Co-Sponsors

S6812 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §219-b, Lab L; add §99-x, Gen Muni L
Versions Introduced in 2021-2022 Legislative Session:: S3063

S6812 (ACTIVE) - Summary

Prohibits employers from using the federal electronic employment verification system to check the employment authorization status of an existing employee or an applicant who has not been offered employment and prohibits municipalities from requiring employers to use the federal electronic employment verification system.

S6812 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6812

SPONSOR: RAMOS
 
TITLE OF BILL:  An act to amend the labor law, in relation to prohib-
iting employers from using the federal electronic employment verifica-
tion system to check the employment authorization status of an existing
employee or an applicant who has not been offered employment; and to
amend the general municipal law, in relation to prohibiting munici-
palities from requiring employers to use the federal electronic employ-
ment verification system

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill prohibits employers from using the federal electronic employ-
ment verification system to check the employment authorization status of
an existing employee or an applicant who has not been offered employ-
ment;

 
SUMMARY OF PROVISIONS:

Section 1. Labor law is amended by adding a new section 219-b:

Restrictions on use of employment verification system.

Section 2. The general municipal law is amended by adding a new section
99-x: Use of Employment verification system.

Section 3. Sets an effective date.

 
JUSTIFICATION:

Electronic Verification System (E-Verify) is a federal program, created
through the 1996 Immigration Reform and Control Act. E-Verify provides
employers with the ability to check their employees' immigration status.
Currently, New York State does not require employers to use E-verify.
However, employers can voluntarily use the program, and municipal
governments can opt to require employers to use the system.. If the
E-verify system questions an employees' immigration status the employer
will then receive a TNC ("tentative non- confirmation") notice.

As mandated by law, employers must provide employees adequate time to
challenge a TNC notice. A USCIS-commissioned study found that 8 3
percent of erroneous FNCs ("final non-confirmations") occurred because
an employer failed to notify an individual of a TNC.

This bill reiterates employers' obligation to notify their employees of
a TNC and will fine employers up to $10,000 for failing to provide
notice. Also, this bill disallows municipalities from passing ordinances
requiring employers to use the e-verify system.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S6812 (ACTIVE) - Bill Text download pdf


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

                                  6812

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            October 28, 2019
                               ___________

Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the labor law, in relation to prohibiting employers from
  using the federal electronic employment verification system  to  check
  the  employment  authorization  status  of  an existing employee or an
  applicant who has not been offered employment; and to amend the gener-
  al municipal law,  in  relation  to  prohibiting  municipalities  from
  requiring employers to use the federal electronic employment verifica-
  tion system

  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:
  § 219-B. RESTRICTIONS ON USE OF EMPLOYMENT VERIFICATION SYSTEM. 1. (A)
EXCEPT AS REQUIRED BY FEDERAL LAW OR AS A CONDITION OF RECEIVING FEDERAL
FUNDS,  IT  SHALL  BE  UNLAWFUL  FOR AN EMPLOYER, OR ANY OTHER PERSON OR
ENTITY TO USE THE  FEDERAL  ELECTRONIC  EMPLOYMENT  VERIFICATION  SYSTEM
KNOWN  AS  E-VERIFY  TO  CHECK THE EMPLOYMENT AUTHORIZATION STATUS OF AN
EXISTING EMPLOYEE OR AN APPLICANT WHO HAS NOT BEEN OFFERED EMPLOYMENT AT
A TIME OR IN A MANNER NOT REQUIRED UNDER SUBSECTION (B) OF SECTION 1324A
OF TITLE 8 OF THE UNITED STATES CODE OR NOT AUTHORIZED UNDER ANY FEDERAL
AGENCY MEMORANDUM OF UNDERSTANDING GOVERNING THE USE OF A FEDERAL  ELEC-
TRONIC EMPLOYMENT VERIFICATION SYSTEM.
  (B)  NOTHING IN THIS SECTION SHALL PROHIBIT AN EMPLOYER FROM UTILIZING
THE FEDERAL E-VERIFY SYSTEM, IN ACCORDANCE WITH FEDERAL  LAW,  TO  CHECK
THE  EMPLOYMENT  AUTHORIZATION  STATUS  OF A PERSON WHO HAS BEEN OFFERED
EMPLOYMENT.
  2. UPON USING THE FEDERAL E-VERIFY  SYSTEM  TO  CHECK  THE  EMPLOYMENT
AUTHORIZATION  STATUS  OF A PERSON, IF THE EMPLOYER RECEIVES A TENTATIVE
NONCONFIRMATION ISSUED BY THE  SOCIAL  SECURITY  ADMINISTRATION  OR  THE
UNITED  STATES  DEPARTMENT  OF  HOMELAND  SECURITY,  WHICH INDICATES THE

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

                                                           LBD14009-01-9

S. 6812                             2

INFORMATION ENTERED IN E-VERIFY  DID  NOT  MATCH  FEDERAL  RECORDS,  THE
EMPLOYER SHALL COMPLY WITH THE REQUIRED EMPLOYEE NOTIFICATION PROCEDURES
UNDER  ANY  MEMORANDUM OF UNDERSTANDING GOVERNING THE USE OF THE FEDERAL
E-VERIFY  SYSTEM. THE EMPLOYER SHALL FURNISH TO THE EMPLOYEE ANY NOTIFI-
CATION ISSUED BY THE SOCIAL SECURITY ADMINISTRATION OR THE UNITED STATES
DEPARTMENT OF HOMELAND SECURITY CONTAINING INFORMATION SPECIFIC  TO  THE
EMPLOYEE'S  E-VERIFY  CASE  OR ANY TENTATIVE NONCONFIRMATION NOTICE. THE
NOTIFICATION SHALL BE FURNISHED AS SOON AS PRACTICABLE.
  3. IN ADDITION TO OTHER REMEDIES AVAILABLE, AN EMPLOYER  WHO  VIOLATES
THIS SECTION SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED TEN THOU-
SAND  DOLLARS  FOR  EACH VIOLATION OF THIS SECTION. EACH UNLAWFUL USE OF
THE E-VERIFY SYSTEM ON AN EMPLOYEE OR APPLICANT SHALL CONSTITUTE A SEPA-
RATE VIOLATION.
  4. THIS SECTION IS INTENDED TO PREVENT  DISCRIMINATION  IN  EMPLOYMENT
RATHER  THAN  TO SANCTION THE POTENTIAL HIRING AND EMPLOYMENT OF PERSONS
WHO ARE NOT AUTHORIZED FOR EMPLOYMENT UNDER FEDERAL LAW.
  § 2. The general municipal law is amended by adding a new section 99-x
to read as follows:
  § 99-X. USE OF EMPLOYMENT VERIFICATION SYSTEM.  IT SHALL  BE  UNLAWFUL
FOR  THE  GOVERNING  BOARD  OF  A CITY, TOWN OR VILLAGE OR ANY MUNICIPAL
CORPORATION TO ADOPT A RESOLUTION,  ORDINANCE  OR  LOCAL  LAW  REQUIRING
EMPLOYERS  TO  USE THE FEDERAL ELECTRONIC EMPLOYMENT VERIFICATION SYSTEM
KNOWN AS E-VERIFY; PROVIDED, HOWEVER, THAT NOTHING IN THIS SECTION SHALL
BE CONSTRUED TO PROHIBIT AN EMPLOYER FROM USING THE  FEDERAL  ELECTRONIC
EMPLOYMENT  VERIFICATION  SYSTEM  WHEN  REQUIRED  BY FEDERAL LAW OR AS A
CONDITION OF RECEIVING FEDERAL FUNDS OR TO CHECK THE EMPLOYMENT AUTHORI-
ZATION STATUS OF A PERSON WHO HAS BEEN OFFERED EMPLOYMENT.
  § 3. This act shall take effect immediately.

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The New York State Senate

senate Bill S6812

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

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Co-Sponsors

S6812 (ACTIVE) - Details

S6812 (ACTIVE) - Summary

S6812 (ACTIVE) - Sponsor Memo

S6812 (ACTIVE) - Bill Text download pdf

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senate Bill S6812

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Sponsored By

Jessica Ramos

Archive: Last Bill Status - In Senate Committee Labor Committee

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Actions

Co-Sponsors

Andrew Gounardes

Zellnor Myrie

Julia Salazar

S6812 (ACTIVE) - Details

S6812 (ACTIVE) - Summary

S6812 (ACTIVE) - Sponsor Memo

S6812 (ACTIVE) - Bill Text download pdf

Comments