Requires employers contracted for work on state-funded public works projects verify employment eligibility of employees.
Summary
This bill would require employers, contractors, and subcontractors working on state-funded public works projects to verify the employment eligibility of workers before allowing them to perform work. It directs employers to ensure that each individual properly completes Form I-9, to review and retain the form, and to use the federal employment eligibility verification system to confirm that the worker is authorized to work in the United States.
The bill also creates consequences for noncompliance. If an employer knowingly hires an unauthorized noncitizen who then performs work on a state-funded public works project, the employer would be barred from receiving project funding for that work. A first violation of the verification requirements would result in a formal warning, while additional violations would be misdemeanors punishable by up to one year in jail, a fine of up to $25,000 per violation, or both. The act would take effect one year after becoming law and would operate subject to federal immigration and employment-verification rules.
Impact
The bill would amend the New York State Finance Law by adding a new section governing employment eligibility verification on state-funded public works projects. It would impose new compliance duties on contractors and subcontractors, require use of federal Form I-9 and the federal verification system, and create a state-level funding penalty and criminal penalties for repeated violations. The measure would affect employers engaged in publicly funded construction work, as well as state agencies responsible for paying project funds.
Sentiment
Based on the bill text and the absence of recorded committee discussion or votes, the overall sentiment appears to be pro-enforcement and aimed at strengthening compliance with federal work authorization requirements on state-funded projects. The bill’s structure suggests support for tighter oversight of public construction labor, with an emphasis on preventing unauthorized employment and protecting state funds from being paid to noncompliant employers.
Contention
The main points of contention likely concern immigration enforcement, employer compliance burdens, and the use of state funding penalties and criminal sanctions. Supporters would likely view the bill as a safeguard against unauthorized employment and misuse of public money, while critics may argue that it duplicates federal law, increases administrative burdens on contractors, and could create risks of over-enforcement or disruption to public works projects. Because no committee transcript or vote history is provided, no specific legislator or stakeholder positions are documented.
In public works employment verification, further providing for definitions, for duty of public works contractors and subcontractors, for verification form, for violations, for enforcement and sanctions, for Public Works Employment Verification Account, for protection from retaliation, for good faith immunity and for public works contractor and subcontractor liability; and making an editorial change.