A 5837: Requires employers contracted for work on state-funded public works projects verify employment eligibility of employees.

  
  STATE OF NEW YORK ________________________________________________________________________ 5837 2025-2026 Regular Sessions  IN ASSEMBLY February 24, 2025 ___________ Introduced by M. of A. SLATER -- read once and referred to the Committee on Governmental Operations AN ACT to amend the state finance law, in relation to requiring employ- ers contracted for work on certain state-funded projects verify employment eligibility of employees 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 19-b to read as follows: 3 § 19-b. Employee eligibility verification. 1. For the purposes of this 4 section, the following terms shall have the following meanings: 5 (a) "Employer" means an individual, contractor, subcontractor, corpo- 6 ration, limited liability company, or other legal entity who is given 7 authority to hire one or more individuals for work on a state-funded 8 public works project. 9 (b) "State-funded public works project" means a construction project 10 that is partially or fully funded by the state. 11 (c) "Individual" means a job seeking applicant who is willing to 12 render performance for a state-funded public works project. 13 (d) "Unauthorized noncitizen" means with respect to the employment of 14 a noncitizen at a particular time, that such noncitizen does not have 15 the legal right or authorization under federal law to work in the United 16 States, as defined by 8. U.S.C. 1324A(H)(3). 17 2. All individuals shall properly complete Form I-9 before being 18 permitted to complete any work on a state-funded public works project. 19 3. No employer shall knowingly employ an individual without: 20 (a) examining such individual's Form I-9 prior to employing such indi- 21 vidual to ensure it was properly completed as required by law. 22 (b) filing Form I-9 in accordance with federal regulations promulgated 23 by the United States department of homeland security while retaining at 24 least one copy of such form. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08953-01-5 
 A. 5837 2 1 (c) using the employment eligibility verification system to verify the 2 employment eligibility of such individual. 3 (d) receiving verification that the individual is not an unauthorized 4 noncitizen. 5 4. If an employer knowingly hires an unauthorized noncitizen and such 6 noncitizen completes work on a state-funded public works project, 7 notwithstanding any other provision of law, funding for such state-fund- 8 ed public works project shall not be paid to such employer. 9 5. If an employer violates subdivision three of this section, such 10 employer shall: 11 (a) for the first violation, be issued a formal warning of such 12 violation. 13 (b) for each additional violation, be guilty of a misdemeanor and 14 shall be punishable by imprisonment not to exceed one year or by a fine 15 not to exceed twenty-five thousand dollars per violation or both. 16 § 2. This act shall take effect one year after it shall have become a 17 law; provided, however, implementation of this act shall be in compli- 18 ance with any rules and regulations promulgated by the United States 19 department of homeland security and other relevant federal law, rules, 20 and regulations.