Requires mandatory verification of an employee's legal status for any entity entering into a contract for work or services to be performed or goods to be sold in this state.
STATE OF NEW YORK
________________________________________________________________________
4863
2009-2010 Regular Sessions
IN ASSEMBLY
February 6, 2009
___________
Introduced by M. of A. ALESSI -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the state finance law, in relation to mandatory verifi-
cation of an employee's legal status
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The state finance law is amended by adding a new section
2 139-l to read as follows:
3 § 139-l. Mandatory verification of an employee's legal status. 1. For
4 the purpose of this section:
5 a. "Contractor" shall mean any entity entering into a contract to
6 provide goods or services to the state which employs one or more indi-
7 viduals.
8 b. "Employee" shall mean any individual employed or permitted to work
9 for a contractor in any occupation. This shall include all full-time,
10 part-time, seasonal and temporary employees.
11 2. Any entity entering into a contract for work or services to be
12 performed or goods to be sold to the state of New York shall verify that
13 all its employees are authorized under federal law to be present in the
14 United States. A contractor shall be deemed to have complied with the
15 requirements of subdivision three of this section if such contractor has
16 and retains appropriate documentation of the employee's legal status
17 within three business days of the employee's hire date. An individual
18 who provides the appropriate paperwork is presumed to be eligible to
19 work in the United States.
20 3. Proof of an employee's lawful presence in the United States shall
21 include valid documentary evidence, from the necessary state or federal
22 agency, that such person: (i) is a United States citizen, (ii) is an
23 alien lawfully admitted for permanent or temporary residence, (iii) has
24 a conditional permanent resident status, (iv) is a refugee or has been
25 granted asylum, (v) has a valid, unexpired nonimmigrant visa or nonimmi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08159-01-9
A. 4863 2
1 grant visa status, (vi) has a pending application for asylum, (vii) has
2 a pending or approved application for temporary protected status, (viii)
3 has approved deferred status, or (ix) has a pending application for
4 adjustment of status to that of an alien lawfully admitted for permanent
5 residence or conditional permanent resident status.
6 4. A photocopy of the documents relied upon to verify an employee's
7 legal status shall be placed in the employee's file and kept by the
8 employer for three years after the hire date or for one year after
9 employment is terminated, whichever is later.
10 5. If a contractor receives evidence that the documentation presented
11 to verify legal status has been stolen, is forged or is fake, the
12 employer shall conduct a prompt and thorough investigation. If the
13 results of the investigation demonstrate that the paperwork submitted to
14 verify legal status is unreliable, the employee shall be terminated for
15 failure to produce evidence that he or she is legally present. The
16 investigation shall be documented.
17 6. Any contractor in violation of this section shall pay a civil
18 penalty in an amount of not less than one hundred dollars and not more
19 than one thousand dollars for each employee with respect to whom such
20 violation occurred.
21 § 2. This act shall take effect immediately; provided further that the
22 provisions of this act shall apply to contracts entered into, altered,
23 modified, extended, or renewed on or after such effective date.
