S T A T E O F N E W Y O R K
________________________________________________________________________
3879
2013-2014 Regular Sessions
I N S E N A T E
February 26, 2013
___________
Introduced by Sen. BALL -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
AN ACT to amend the civil service law, in relation to requiring public
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 partic-
ipate in such program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil service law is amended by adding a new section
153 to read as follows:
S 153. PUBLIC EMPLOYER VERIFICATION OF EMPLOYMENT ELIGIBILITY. 1. FOR
THE PURPOSES OF THIS SECTION:
(A) "E-VERIFY PROGRAM" MEANS THE ELECTRONIC VERIFICATION PROGRAM THAT
IS AUTHORIZED BY THE ILLEGAL IMMIGRATION REFORM AND IMMIGRATION RESPON-
SIBILITY ACT OF 1996, PUBLIC LAW 104-208, DIVISION C, SECTION 403 (A); 8
U.S.C. SECTION 1324 (H) (3), AND JOINTLY ADMINISTERED BY THE FEDERAL
DEPARTMENT OF HOMELAND SECURITY AND SOCIAL SECURITY ADMINISTRATION, OR
ITS SUCCESSOR PROGRAM.
(B) THE TERM "PUBLIC EMPLOYEE" MEANS ANY PERSON HOLDING A POSITION BY
APPOINTMENT OR EMPLOYMENT IN THE SERVICE OF A PUBLIC EMPLOYER.
(C) THE TERM "PUBLIC EMPLOYER" MEANS (I) THE STATE OF NEW YORK, (II) A
COUNTY, CITY, TOWN, VILLAGE OR ANY OTHER POLITICAL SUBDIVISION OR CIVIL
DIVISION OF THE STATE, (III) A SCHOOL DISTRICT OR ANY GOVERNMENTAL ENTI-
TY OPERATING A PUBLIC SCHOOL, COLLEGE OR UNIVERSITY, (IV) A PUBLIC
IMPROVEMENT OR SPECIAL DISTRICT, (V) A PUBLIC AUTHORITY, COMMISSION, OR
PUBLIC BENEFIT CORPORATION, (VI) ANY OTHER PUBLIC CORPORATION, AGENCY OR
INSTRUMENTALITY OR UNIT OF GOVERNMENT WHICH EXERCISES GOVERNMENTAL
POWERS UNDER THE LAWS OF THE STATE, OR (VII) ANY OTHER PERSON OR ENTITY
ACTING ON BEHALF OF AN ENTITY LISTED IN ANY OTHER SUBPARAGRAPH OF THIS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07287-01-3
S. 3879 2
PARAGRAPH AND WHICH RECEIVES PUBLIC FUNDS, OR ANY PERSON OR ENTITY
PERFORMING PUBLIC WORK PURSUANT TO ARTICLE EIGHT OF THE LABOR LAW.
2. 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 BE
APPOINTED OR EMPLOYED UNTIL THE PUBLIC EMPLOYER SHALL HAVE VERIFIED HIS
OR HER ELIGIBILITY FOR EMPLOYMENT PURSUANT TO THE E-VERIFY PROGRAM.
3. THE COMMISSION, IN CONSULTATION WITH THE ATTORNEY GENERAL, SHALL
PROMULGATE AND ADMINISTER SUCH RULES AND REGULATIONS AS IT MAY DEEM
APPROPRIATE AND NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
THE DEPARTMENT SHALL BE AUTHORIZED TO INSPECT ANY PUBLIC EMPLOYER'S
RECORDS CONCERNING SUCH EMPLOYER'S REGISTRATION AND PARTICIPATION IN THE
E-VERIFY PROGRAM.
4. IF AFTER INVESTIGATION THE COMMISSION MAKES A FINDING THAT A PUBLIC
EMPLOYER HAS WILLFULLY OR INTENTIONALLY FAILED TO REGISTER FOR OR
PARTICIPATE IN THE E-VERIFY PROGRAM, THE COMMISSION SHALL ISSUE AN
ORDER, TO THE CHIEF EXECUTIVE OFFICER OF THE PUBLIC EMPLOYER, DESCRIBING
THE NATURE OF THE VIOLATION AND ORDERING COMPLIANCE WITHIN THIRTY DAYS.
ANY FAILURE TO COMPLY WITH SUCH PERIOD SHALL BE REFERRED TO THE ATTORNEY
GENERAL WHO SHALL COMMENCE AN ACTION IN SUPREME COURT TO ENFORCE THE
PROVISIONS OF THIS SECTION.
S 2. The state finance law is amended by adding a new section 135-b to
read as follows:
S 135-B. STATE CONTRACTOR VERIFICATION OF EMPLOYMENT ELIGIBILITY. 1.
FOR THE PURPOSES OF THIS SECTION, "E-VERIFY PROGRAM" MEANS THE ELECTRON-
IC VERIFICATION PROGRAM THAT IS AUTHORIZED BY THE ILLEGAL IMMIGRATION
REFORM AND IMMIGRATION RESPONSIBILITY ACT OF 1996, PUBLIC LAW 104-208,
DIVISION C, SECTION 403(A); 8 U.S.C. SECTION 1324 (A)(H)(3), AND JOINTLY
ADMINISTERED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY AND SOCIAL
SECURITY ADMINISTRATION, OR ITS SUCCESSOR PROGRAM.
2. A CLAUSE SHALL BE INSERTED IN ALL SPECIFICATIONS OR CONTRACTS MADE
OR AWARDED BY THE STATE OR ANY PUBLIC DEPARTMENT, AGENCY OR OFFICIAL
THEREOF, OR BY A PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION FOR WORK
OR SERVICES PERFORMED OR TO BE PERFORMED, OR FOR GOODS SOLD OR TO BE
SOLD PURSUANT TO WHICH ANY CONTRACTOR, TO WHOM ANY CONTRACT SHALL BE
LET, GRANTED OR AWARDED, AGREES AS A MATERIAL CONDITION OF THE CONTRACT,
THAT SUCH CONTRACTOR AND EVERY SUBSTANTIALLY OWNED OR AFFILIATED PERSON,
FIRM, PARTNERSHIP, LIMITED LIABILITY COMPANY OR CORPORATION, AND EVERY
SUBCONTRACTOR OF SUCH CONTRACTOR HAS REGISTERED FOR AND PARTICIPATES IN
THE E-VERIFY PROGRAM.
3. ANY SUCH CONTRACT SHALL BE RENDERED FORFEIT AND VOID BY THE STATE
COMPTROLLER, IF THE DEPARTMENT OF LABOR OR THE DEPARTMENT OF LAW SHALL
FIND THAT SUCH PERSON, FIRM, PARTNERSHIP, LIMITED LIABILITY COMPANY OR
CORPORATION HAS FAILED TO REGISTER FOR OR PARTICIPATE IN THE E-VERIFY
PROGRAM.
4. NOTHING CONTAINED IN THIS SECTION SHALL OPERATE TO IMPAIR ANY
EXISTING CONTRACT, EXCEPT THAT ANY RENEWAL, AMENDMENT OR MODIFICATION OF
SUCH CONTRACT OCCURRING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION
SHALL BE SUBJECT TO THE CONDITIONS SPECIFIED IN THIS SECTION.
S 3. The general municipal law is amended by adding a new section
103-h to read as follows:
S 103-H. MUNICIPAL CONTRACTOR VERIFICATION FOR EMPLOYMENT ELIGIBILITY.
1. FOR THE PURPOSES OF THIS SECTION, "E-VERIFY PROGRAM" MEANS THE ELEC-
TRONIC VERIFICATION PROGRAM THAT IS AUTHORIZED BY THE ILLEGAL IMMI-
GRATION REFORM AND IMMIGRATION RESPONSIBILITY ACT OF 1996, PUBLIC LAW
104-208, DIVISION C, SECTION 403(A); 8 U.S.C. SECTION 1324(A)(H)(3), AND
S. 3879 3
JOINTLY ADMINISTERED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY AND
SOCIAL SECURITY ADMINISTRATION, OR ITS SUCCESSOR PROGRAM.
2. A CLAUSE SHALL BE INSERTED IN ALL SPECIFICATIONS OR CONTRACTS MADE
OR AWARDED BY A POLITICAL SUBDIVISION, FIRE COMPANY OR VOLUNTARY AMBU-
LANCE SERVICE, OR ANY PUBLIC DEPARTMENT, AGENCY OR OFFICIAL THEREOF FOR
WORK OR SERVICES PERFORMED OR TO BE PERFORMED, OR FOR GOODS SOLD OR TO
BE SOLD PURSUANT TO WHICH ANY CONTRACTOR, TO WHOM ANY CONTRACT SHALL BE
LET, GRANTED OR AWARDED, AGREES, AS A MATERIAL CONDITION OF THE
CONTRACT, THAT SUCH CONTRACTOR AND EVERY SUBSTANTIALLY OWNED OR AFFIL-
IATED PERSON, FIRM, PARTNERSHIP, LIMITED LIABILITY COMPANY OR CORPO-
RATION, AND EVERY SUBCONTRACTOR OF SUCH CONTRACTOR HAS REGISTERED FOR
AND PARTICIPATES IN THE E-VERIFY PROGRAM.
3. ANY SUCH CONTRACT SHALL BE RENDERED FORFEIT AND VOID BY THE STATE
COMPTROLLER, IF THE DEPARTMENT OF LABOR OR THE DEPARTMENT OF LAW SHALL
FIND THAT SUCH PERSON, FIRM, PARTNERSHIP, LIMITED LIABILITY COMPANY OR
CORPORATION HAS FAILED TO REGISTER FOR OR PARTICIPATE IN THE E-VERIFY
PROGRAM.
4. NOTHING CONTAINED IN THIS SECTION SHALL OPERATE TO IMPAIR ANY
EXISTING CONTRACT, EXCEPT THAT ANY RENEWAL, AMENDMENT OR MODIFICATION OF
SUCH CONTRACT OCCURRING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION
SHALL BE SUBJECT TO THE CONDITIONS SPECIFIED IN THIS SECTION.
S 4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, provided that, effec-
tive 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.