NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5837
SPONSOR: Slater TITLE OF BILL:
An act to amend the state finance law, in relation to requiring employ-
ers contracted for work on certain state-funded projects verify employ-
ment eligibility of employees
PURPOSE:
To ensure that all employees working on state-funded public works
projects are Legally authorized to work in the United States by requir-
ing verification of employment eligibility.
SUMMARY OF PROVISIONS:
Section 1: Adds a new section 19-b to the state finance law, defining
key terms including "employer," "state-funded public works project,"
"individual," and "unauthorized noncitizen." It mandates that all indi-
viduals working on such projects must complete Form i-9 before beginning
work. Employers must verify employment eligibility using the federal
employment eligibility verification system and retain copies of the
completed Form (-9.
Employers knowingly hiring unauthorized noncitizens for state-funded
projects will be ineligible for payment on the project. Violations
include:
*A formal warning for the first offense.
*Misdemeanor penalties for subsequent offenses, punishable by up to one
year in prison, a fine of up to $25,000 per violation, or both.
Section 2: Establishes that the act will take effect one year after
becoming law and must comply with federal regulations from the U.S.
Department of Homeland Security and other relevant authorities.
JUSTIFICATION:
This legislation strengthens the integrity of state-funded public works
projects by ensuring that all employees are legally authorized to work
in the United States. Unauthorized employment undermines fair labor
practices, disadvantages law-abiding contractors, and can expose the
state to legal and financial liabilities. By implementing these verifi-
cation requirements, the bill helps protect workers' rights, uphold
state labor laws, and promote responsible use of public funds.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
Minimal administrative costs associated with compliance and enforcement.
EFFECTIVE DATE:
One year after becoming law.
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.
