Bill Text: NY A05301 | 2017-2018 | General Assembly | Introduced

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Bill Title: Creates the statement of not hiring of persons in this country illegally which requires bidders for a state contract not hire persons in this country illegally under penalty of perjury.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to governmental operations [A05301 Detail]

Download: New_York-2017-A05301-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5301
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 7, 2017
                                       ___________
        Introduced  by M. of A. LALOR -- read once and referred to the Committee
          on Governmental Operations
        AN ACT to amend the state finance law, in relation to creation of state-
          ment of not hiring of persons in this country illegally
          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  148 to read as follows:
     3    § 148. Statement of not hiring of persons in this  country  illegally.
     4  1. Every bid hereafter made to the state or any public department, agen-
     5  cy  or  official thereof, where competitive bidding is required by stat-
     6  ute, rule or regulation,  for  work  or  services  performed  or  to  be
     7  performed  or  goods  sold  or  to  be sold, shall contain the following
     8  statement subscribed by the bidder and affirmed by such bidder  as  true
     9  under  the penalties of perjury:  Certification of not hiring of persons
    10  in this country illegally.
    11    (a) "By submission of this bid, each bidder and each person signing on
    12  behalf of any bidder certifies, and in the case  of  a  joint  bid  each
    13  party  thereto  certifies  as  to its own organization, under penalty of
    14  perjury, that to the best of his or her knowledge and belief the persons
    15  hired by the bidder are persons allowed to remain and work  within  this
    16  country legally."
    17    (b)  Notwithstanding  the  foregoing,  the  statement of not hiring of
    18  persons in this country illegally may  be  submitted  electronically  in
    19  accordance  with  the  provisions  of  subdivision  seven of section one
    20  hundred sixty-three of the state finance law.
    21    2. A bid shall not be considered for award nor shall any award be made
    22  where subdivision one of this section has not been complied with.
    23    3. Any bid hereafter made to the state or any public department, agen-
    24  cy or official thereof by  a  corporate  bidder  for  work  or  services
    25  performed  or to be performed or goods sold or to be sold, where compet-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09549-01-7
        A. 5301                             2
     1  itive bidding is required by statute, rule or regulation, and where such
     2  bid contains the certification referred to in subdivision  one  of  this
     3  section,  shall be deemed to have been authorized by the board of direc-
     4  tors  of  the  bidder, and such authorization shall be deemed to include
     5  the signing and submission of the bid and the inclusion therein  of  the
     6  certificate as to not hiring of persons in this country illegally as the
     7  act and deed of the corporation.
     8    § 2. This act shall take effect immediately.