Requires all state and local agencies, and government contractors to register for and participate in the E-verify program

Summary of provisions

Section One - amends the civil service law adding section 153 to define "E- Verify program" as an electronic verification program that is authorized by the Illegal Immigration Reform and Immigration Responsibility Act of 1996 and is jointly administered by the federal Department of Homeland Security and Social Security Administration.

Section One - defines the term "public employee" as any person holding a position by appointment or employment in the service of a public employer.

Section One - states every public employer shall register for and participate in the e-verify program for the purpose of verifying the employment eligibility status of every prospective public employee. No public employee shall by appointed or employed until the public employer shall have verified his or her eligibility for employment pursuant to the e-verify program.

Section One - appoints the commission, in consultation with the attorney general the authority to promulgate and administer the rules and regulations as they deem appropriate and necessary. The department will be authorized to inspect any public employer's records concerning the registration and participation in the E-verify program.

Section One - stipulates that after an investigation makes a finding that a public employer has willfully or intentionally failed to register for or participate in the E-verify program, the commission can issue an order describing the violated and ordering compliance within thirty days. Any failure to comply with such period will be referred to the attorney general who will have the authority to commence an action in supreme court to enforce the law.

Section Two - amends the state finance law by adding section 135-b to stipulate a clause will be inserted in all specifications or contracts made or awarded by the state or any public department, agency, official, public authority or public benefit corporation will register for and participate in the e-verify program. Any contract that fails to comply with this legislation will be rendered forfeit and void by the state comptroller.

Section Three - amends the general municipal law by adding a new section 103-h to set forth procedures for municipal contractor verification for employment eligibility.

Section Four - states this act will take effect on the first of January next succeeding the date on which it shall have become a law, provided that, effective immediately, any actions necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.

Justification

This legislation will ensure the verification of employment eligibility of persons and entities contracting with state or local municipalities. Public employers will be required to register for, and participate in, the electronic verification program. The purpose of this program is to verify the employment eligibility status of all public and/or contracted employees on a publicly financed project. All businesses awarded contracts or services by a public agency will be required to participate in the employment verification program.

This legislation ensures that jobs created by publicly financed projects are fairly provided to eligible employees.

Across the state, companies that unfairly hire ineligible workers to provide labor for publicly financed projects, operate with an unfair cost advantage against competing reputable general contractors who are committed to paying eligible workers a fair wage with benefits. Furthermore, when a company chooses to hire ineligible workers, the ineligible worker's income is not taxed by the state and as a result, the state suffers from the loss of precious tax dollars forcing the state to cut budgets for first responders, teachers, healthcare and other valuable services that are needed by millions of New Yorkers. This bill ensures that the jobs created by New York State taxpayer dollars to finance public projects are fairly provided to eligible employees.

Legislative history

2011- S.5497, Held in Civil Service and Pensions 2012- S.5497, Held in Civil Service and Pensions 2013- S.3897, Held in Civil Service and Pensions

Fiscal implications

To be determined.

Effective date

First of January next succeeding the date on which it shall have become a law, provided that, effective immediately, any actions necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.