Requires all employers in the state to register for and participate in the E-verify program

2 Co-sponsors

• Andrew J. Lanza
• Michael H. Ranzenhofer

BILL NUMBER:S5246

Title of bill

An act to amend the civil service law and the labor law, in relation to requiring employers to register for and participate in the E-verify program for verification of employment eligibility; and to amend the state finance law and the general municipal law, in relation to requiring persons and entities contracting with the state or a municipality to participate in such program

Purpose

To require all employers in the state to register for and participate in the E-verify program.

Summary of provisions

Section 1 The civil service law is amended by adding a new section 153, defining the E-verify program as the electronic verification program that is authorized by the Illegal Immigration Reform and Immigration Responsibility Act of 1996 and jointly administered by the federal Department of Homeland Security and Social Security Administration. Every public employer shall register and participate in the E-verify program for the purpose of verifying employment eligibility status of prospective employees. The department shall be authorized to inspect any public employer's records concerning registration and participation in the E-verify program.

Section 2. The labor law is amended by adding a new section 219-b which outlines the calendar deadlines for employers to register with the E-verify program. Employers with 100 or more employees must register by July 1, 2014. If an employer fails to register or participate in this program the commissioner is authorized to impose civil penalties of no more than $1,000 for a first violation and no more than $2,000 for a second violation. Upon a third violation, an employer shall be subject to cancellation of any state or public contract for up to five years. Section 3. The state finance law is amended by adding a new section 135-b stating a clause shall be inserted in all contracts made or awarded by the state that such contractor and every substantially owned or affiliated person, firm, partnership, LLC or corporation, and every subcontractor has registered for and participates in the E-verify program. Failure to comply will result in such contract rendered forfeit and void by the state comptroller.

Section 4. The general municipal law is amended by adding a new section 103-h stating a clause shall be inserted in all contracts made or awarded by a political subdivision, fire company or voluntary ambulance service that such contractor has registered for and participates in the E-verify program. Failure to comply will result in such contract rendered forfeit and void by the state comptroller.

Section 5 sets forth the effective date.

Justification

This bill establishes a web-based tool to verify the work eligibility of new hires. Because identity theft and counterfeit documents are a thriving industry, this program allows employers to electronically verify a new hire's employment authorization by checking the data of employees. This is a proven tool in combating illegal immigration. In addition, this bill holds employers

accountable for hiring people unauthorized to work in this country. The E-verify program is a valuable tool for employers to maintain a legal workforce and enhances their ability to ensure fair and legal hiring practices.

Legislative history

New legislation.

Fiscal implications

To be determined

Effective date

This act shall 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