senate Bill S6812

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current 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

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

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.

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