Bill Text: NY A05261 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the labor law, in relation to prohibiting employers who flee the state and avoid paying benefits to employees from bidding on public contracts

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced - Dead) 2010-01-06 - referred to labor [A05261 Detail]

Download: New_York-2009-A05261-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5261
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 11, 2009
                                      ___________
       Introduced  by  M. of A. GIANARIS, GREENE -- Multi-Sponsored by -- M. of
         A. BRODSKY, CHRISTENSEN,  CLARK,  DESTITO,  DINOWITZ,  GALEF,  HIKIND,
         HOYT,  MAYERSOHN,  McENENY,  PERRY,  PHEFFER, PRETLOW, SWEENEY -- read
         once and referred to the Committee on Labor
       AN ACT to amend the labor law, in relation to prohibiting employers  who
         flee  the state and avoid paying benefits to employees from bidding on
         public contracts
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The labor law is amended by adding a new section 220-i to
    2  read as follows:
    3    S 220-I.   CERTAIN OUT  OF  STATE  EMPLOYERS  NOT  TO  BID  ON  PUBLIC
    4  CONTRACTS.    1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN EMPLOYER
    5  WHO TERMINATES THE CONDUCT OF A BUSINESS IN THIS STATE AND WHO RELOCATES
    6  SUCH BUSINESS OR A SUBSTANTIAL PART THEREOF OUTSIDE THE STATE AND AVOIDS
    7  THE PAYMENT OF A BENEFIT TO EMPLOYEES THEREBY SHALL  BE  AND  IS  HEREBY
    8  PROHIBITED  FROM BIDDING ON PUBLIC CONTRACTS OF ANY NATURE IN THIS STATE
    9  FOR AS LONG AS THE FAILURE TO PAY  SUCH  BENEFITS  CONTINUES,  INCLUDING
   10  EXISTING  AND  ACCRUED  MONEYS  DUE, AND FOR AN ADDITIONAL PERIOD OF TWO
   11  YEARS AFTER PAYMENT THEREOF.
   12    2. AS USED IN SUBDIVISION ONE OF  THIS  SECTION:  (A)  A  "SUBSTANTIAL
   13  PART"  OF  A BUSINESS MEANS THE EMPLOYMENT BY SUCH BUSINESS OF MORE THAN
   14  TWENTY PERCENT OF THE NUMBER EMPLOYED BY THE  BUSINESS  WHILE  OPERATING
   15  WITHIN  THE  STATE  DURING THE YEAR IMMEDIATELY PRECEDING THE RELOCATION
   16  OUTSIDE THE STATE; AND (B) A "BENEFIT" MEANS ANY STATUTORY OR CONTRACTU-
   17  AL RIGHT WHICH AN EMPLOYEE IS PRESENTLY ENTITLED TO BUT WHICH  WOULD  BE
   18  LOST UPON RELOCATION OUTSIDE THE STATE.
   19    3.  THE  COMMISSIONER SHALL MAINTAIN A CURRENT LIST OF SUCH BUSINESSES
   20  AS MAY HAVE BEEN SUBJECT TO COMPLAINTS OF VIOLATION OF THE PROVISIONS OF
   21  THIS SECTION. SUCH LIST SHALL BE COMPILED UPON VERIFICATION  OF  SUBJECT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05706-01-9
       A. 5261                             2
    1  COMPLAINTS  AND  CURRENT LISTS SHALL BE MAILED ON A MONTHLY BASIS TO ALL
    2  STATE AGENCIES AND DEPARTMENTS ACCEPTING BIDS FOR PUBLIC WORK.
    3    4.  THE COMMISSIONER SHALL ESTABLISH SUCH RULES AND REGULATIONS AS MAY
    4  BE NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
    5    S 2. This act shall take effect on the one hundred twentieth day after
    6  it shall have become a law.