Bill Text: NY S07818 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes the New York state worker protection and labor enforcement fund to supplement the department of labor's labor law enforcement duties.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-01-03 - REFERRED TO FINANCE [S07818 Detail]

Download: New_York-2023-S07818-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7818

                               2023-2024 Regular Sessions

                    IN SENATE

                                    December 18, 2023
                                       ___________

        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the state finance law, in relation to  establishing  the
          New York state worker protection and labor law enforcement fund

          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  99-rr to read as follows:
     3    §  99-rr.  New  York state worker protection and labor law enforcement
     4  fund. 1. There is hereby established in the joint custody of  the  state
     5  comptroller  and the commissioner of taxation and finance a special fund
     6  to be known as the New  York  state  worker  protection  and  labor  law
     7  enforcement fund.
     8    2.  Such  fund  shall  consist  of  all monetary damages and penalties
     9  recovered by the department of labor  for  employer  violations,  unless
    10  otherwise designated, of articles two, five, six, eight, nine, nineteen,
    11  nineteen-B, twenty-C, twenty-five-A, twenty-five-B, and twenty-five-C of
    12  the  labor  law  or  with  any regulations related thereto and all other
    13  moneys appropriated thereto from any other fund or  source  pursuant  to
    14  law;  provided,  however that no monies due and owing to any other party
    15  shall be dedicated to the fund.  Nothing contained in this section shall
    16  prevent the state from receiving  grants,  gifts  or  bequests  for  the
    17  purposes of the fund as defined in this section and depositing them into
    18  the fund according to law.
    19    3.  The  monies  in  the fund, after appropriation by the legislature,
    20  shall be available to the commissioner of labor for the sole purpose  of
    21  supplementing  the  department's labor law enforcement duties; provided,
    22  however, that such funding shall be  appropriated  in  addition  to  any
    23  other monies appropriated to the department for the state fiscal year in
    24  effect on the effective date of this section.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13665-02-3
        S. 7818                             2

     1    4.  On  or  before January first of each year, the department of labor
     2  shall provide a written report detailing how the monies of the fund were
     3  utilized during the preceding fiscal year. Such report shall be provided
     4  to the temporary president of the senate, the speaker of  the  assembly,
     5  the  chair  of  the  senate finance committee, the chair of the assembly
     6  ways and means committee, the chair of the senate  committee  on  labor,
     7  the  chair  of  the assembly labor committee, and the state comptroller.
     8  Such report shall be  posted  on  the  department's  website  and  shall
     9  include:
    10    (a)  the  number  of  enforcement  proceedings  initiated for employer
    11  violations of articles two, five,  six,  eight,  nine,  nineteen,  nine-
    12  teen-B, twenty-C, twenty-five-A, twenty-five-B, and twenty-five-C of the
    13  labor  law  or  any  regulations related thereto, the name of the entity
    14  against which such proceeding was initiated and the amount collected for
    15  each such proceeding, if any;
    16    (b) the amount of money available and dispersed from the fund over the
    17  previous twelve months;
    18    (c) a description on how such monies were used, including  the  number
    19  of enforcement personnel hired or supported by such monies; and
    20    (d) a summary financial plan for such monies which shall include esti-
    21  mates of all receipts and all disbursements for the next fiscal year.
    22    § 2. This act shall take effect April 1, 2024.