Assembly Bill A5837

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5837
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2025
                                ___________
 
 Introduced by M. of A. SLATER -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT to amend the state finance law, in relation to requiring employ-
   ers contracted  for  work  on  certain  state-funded  projects  verify
   employment eligibility of employees

   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
 19-b to read as follows:
   § 19-B. EMPLOYEE ELIGIBILITY VERIFICATION. 1. FOR THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "EMPLOYER" MEANS AN INDIVIDUAL, CONTRACTOR, SUBCONTRACTOR, CORPO-
 RATION, LIMITED LIABILITY COMPANY, OR OTHER LEGAL ENTITY  WHO  IS  GIVEN
 AUTHORITY  TO  HIRE  ONE  OR MORE INDIVIDUALS FOR WORK ON A STATE-FUNDED
 PUBLIC WORKS PROJECT.
   (B) "STATE-FUNDED PUBLIC WORKS PROJECT" MEANS A  CONSTRUCTION  PROJECT
 THAT IS PARTIALLY OR FULLY FUNDED BY THE STATE.
   (C)  "INDIVIDUAL"  MEANS  A  JOB  SEEKING  APPLICANT WHO IS WILLING TO
 RENDER PERFORMANCE FOR A STATE-FUNDED PUBLIC WORKS PROJECT.
   (D) "UNAUTHORIZED NONCITIZEN" MEANS WITH RESPECT TO THE EMPLOYMENT  OF
 A  NONCITIZEN  AT  A PARTICULAR TIME, THAT SUCH NONCITIZEN DOES NOT HAVE
 THE LEGAL RIGHT OR AUTHORIZATION UNDER FEDERAL LAW TO WORK IN THE UNITED
 STATES, AS DEFINED BY 8. U.S.C. 1324A(H)(3).
   2. ALL INDIVIDUALS SHALL  PROPERLY  COMPLETE  FORM  I-9  BEFORE  BEING
 PERMITTED TO COMPLETE ANY WORK ON A STATE-FUNDED PUBLIC WORKS PROJECT.
   3. NO EMPLOYER SHALL KNOWINGLY EMPLOY AN INDIVIDUAL WITHOUT:
   (A) EXAMINING SUCH INDIVIDUAL'S FORM I-9 PRIOR TO EMPLOYING SUCH INDI-
 VIDUAL TO ENSURE IT WAS PROPERLY COMPLETED AS REQUIRED BY LAW.
   (B) FILING FORM I-9 IN ACCORDANCE WITH FEDERAL REGULATIONS PROMULGATED
 BY  THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY WHILE RETAINING AT
 LEAST ONE COPY OF SUCH FORM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08953-01-5
              

 A. 5837                             2
 
   (C) USING THE EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM TO VERIFY THE
 EMPLOYMENT ELIGIBILITY OF SUCH INDIVIDUAL.
   (D)  RECEIVING VERIFICATION THAT THE INDIVIDUAL IS NOT AN UNAUTHORIZED
 NONCITIZEN.
   4. IF AN EMPLOYER KNOWINGLY HIRES AN UNAUTHORIZED NONCITIZEN AND  SUCH
 NONCITIZEN  COMPLETES  WORK  ON  A  STATE-FUNDED  PUBLIC  WORKS PROJECT,
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, FUNDING FOR SUCH STATE-FUND-
 ED PUBLIC WORKS PROJECT SHALL NOT BE PAID TO SUCH EMPLOYER.
   5. IF AN EMPLOYER VIOLATES SUBDIVISION THREE  OF  THIS  SECTION,  SUCH
 EMPLOYER SHALL:
   (A)  FOR  THE  FIRST  VIOLATION,  BE  ISSUED  A FORMAL WARNING OF SUCH
 VIOLATION.
   (B) FOR EACH ADDITIONAL VIOLATION, BE  GUILTY  OF  A  MISDEMEANOR  AND
 SHALL  BE PUNISHABLE BY IMPRISONMENT NOT TO EXCEED ONE YEAR OR BY A FINE
 NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS PER VIOLATION OR BOTH.
   § 2. This act shall take effect one year after it shall have become  a
 law;  provided,  however, implementation of this act shall be in compli-
 ance with any rules and regulations promulgated  by  the  United  States
 department  of  homeland security and other relevant federal law, rules,
 and regulations.