NY State Senate Bill 2019-S6812

Senate Bill S6812

2019-2020 Legislative Session

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Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to labor
Oct 28, 2019	referred to rules

co-Sponsors

2019-S6812 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §219-b, Lab L; add §99-x, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S3063
2023-2024: S1802

2019-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.

2019-S6812 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6812

SPONSOR: RAMOS
 
TITLE OF BILL:  An act to amend the labor law, in relation to prohib-
iting employers from using the federal electronic employment verifica-
tion system to check the employment authorization status of an existing
employee or an applicant who has not been offered employment; and to
amend the general municipal law, in relation to prohibiting munici-
palities from requiring employers to use the federal electronic employ-
ment verification system

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill prohibits employers from using the federal electronic employ-
ment verification system to check the employment authorization status of
an existing employee or an applicant who has not been offered employ-
ment;

 
SUMMARY OF PROVISIONS:

Section 1. Labor law is amended by adding a new section 219-b:

Restrictions on use of employment verification system.

Section 2. The general municipal law is amended by adding a new section
99-x: Use of Employment verification system.

Section 3. Sets an effective date.

 
JUSTIFICATION:

Electronic Verification System (E-Verify) is a federal program, created
through the 1996 Immigration Reform and Control Act. E-Verify provides
employers with the ability to check their employees' immigration status.
Currently, New York State does not require employers to use E-verify.
However, employers can voluntarily use the program, and municipal
governments can opt to require employers to use the system.. If the
E-verify system questions an employees' immigration status the employer
will then receive a TNC ("tentative non- confirmation") notice.

As mandated by law, employers must provide employees adequate time to
challenge a TNC notice. A USCIS-commissioned study found that 8 3
percent of erroneous FNCs ("final non-confirmations") occurred because
an employer failed to notify an individual of a TNC.

This bill reiterates employers' obligation to notify their employees of
a TNC and will fine employers up to $10,000 for failing to provide
notice. Also, this bill disallows municipalities from passing ordinances
requiring employers to use the e-verify system.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-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.

                                                            LBD14009-01-9

 S. 6812                             2
 
 INFORMATION ENTERED IN E-VERIFY  DID  NOT  MATCH  FEDERAL  RECORDS,  THE
 EMPLOYER SHALL COMPLY WITH THE REQUIRED EMPLOYEE NOTIFICATION PROCEDURES
 UNDER  ANY  MEMORANDUM OF UNDERSTANDING GOVERNING THE USE OF THE FEDERAL
 E-VERIFY  SYSTEM. THE EMPLOYER SHALL FURNISH TO THE EMPLOYEE ANY NOTIFI-
 CATION ISSUED BY THE SOCIAL SECURITY ADMINISTRATION OR THE UNITED STATES
 DEPARTMENT OF HOMELAND SECURITY CONTAINING INFORMATION SPECIFIC  TO  THE
 EMPLOYEE'S  E-VERIFY  CASE  OR ANY TENTATIVE NONCONFIRMATION NOTICE. THE
 NOTIFICATION SHALL BE FURNISHED AS SOON AS PRACTICABLE.
   3. IN ADDITION TO OTHER REMEDIES AVAILABLE, AN EMPLOYER  WHO  VIOLATES
 THIS SECTION SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED TEN THOU-
 SAND  DOLLARS  FOR  EACH VIOLATION OF THIS SECTION. EACH UNLAWFUL USE OF
 THE E-VERIFY SYSTEM ON AN EMPLOYEE OR APPLICANT SHALL CONSTITUTE A SEPA-
 RATE VIOLATION.
   4. THIS SECTION IS INTENDED TO PREVENT  DISCRIMINATION  IN  EMPLOYMENT
 RATHER  THAN  TO SANCTION THE POTENTIAL HIRING AND EMPLOYMENT OF PERSONS
 WHO ARE NOT AUTHORIZED FOR EMPLOYMENT UNDER FEDERAL LAW.
   § 2. The general municipal law is amended by adding a new section 99-x
 to read as follows:
   § 99-X. USE OF EMPLOYMENT VERIFICATION SYSTEM.  IT SHALL  BE  UNLAWFUL
 FOR  THE  GOVERNING  BOARD  OF  A CITY, TOWN OR VILLAGE OR ANY MUNICIPAL
 CORPORATION TO ADOPT A RESOLUTION,  ORDINANCE  OR  LOCAL  LAW  REQUIRING
 EMPLOYERS  TO  USE THE FEDERAL ELECTRONIC EMPLOYMENT VERIFICATION SYSTEM
 KNOWN AS E-VERIFY; PROVIDED, HOWEVER, THAT NOTHING IN THIS SECTION SHALL
 BE CONSTRUED TO PROHIBIT AN EMPLOYER FROM USING THE  FEDERAL  ELECTRONIC
 EMPLOYMENT  VERIFICATION  SYSTEM  WHEN  REQUIRED  BY FEDERAL LAW OR AS A
 CONDITION OF RECEIVING FEDERAL FUNDS OR TO CHECK THE EMPLOYMENT AUTHORI-
 ZATION STATUS OF A PERSON WHO HAS BEEN OFFERED EMPLOYMENT.
   § 3. This act shall take effect immediately.

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Senate Bill S6812

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Sponsored By

Jessica Ramos