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:

  Section  1.  The labor law is amended by adding a new section 220-i to
read as follows:
  S 220-I.   CERTAIN OUT  OF  STATE  EMPLOYERS  NOT  TO  BID  ON  PUBLIC
CONTRACTS.    1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN EMPLOYER
WHO TERMINATES THE CONDUCT OF A BUSINESS IN THIS STATE AND WHO RELOCATES
SUCH BUSINESS OR A SUBSTANTIAL PART THEREOF OUTSIDE THE STATE AND AVOIDS
THE PAYMENT OF A BENEFIT TO EMPLOYEES THEREBY SHALL  BE  AND  IS  HEREBY
PROHIBITED  FROM BIDDING ON PUBLIC CONTRACTS OF ANY NATURE IN THIS STATE
FOR AS LONG AS THE FAILURE TO PAY  SUCH  BENEFITS  CONTINUES,  INCLUDING
EXISTING  AND  ACCRUED  MONEYS  DUE, AND FOR AN ADDITIONAL PERIOD OF TWO
YEARS AFTER PAYMENT THEREOF.
  2. AS USED IN SUBDIVISION ONE OF  THIS  SECTION:  (A)  A  "SUBSTANTIAL
PART"  OF  A BUSINESS MEANS THE EMPLOYMENT BY SUCH BUSINESS OF MORE THAN
TWENTY PERCENT OF THE NUMBER EMPLOYED BY THE  BUSINESS  WHILE  OPERATING
WITHIN  THE  STATE  DURING THE YEAR IMMEDIATELY PRECEDING THE RELOCATION
OUTSIDE THE STATE; AND (B) A "BENEFIT" MEANS ANY STATUTORY OR CONTRACTU-
AL RIGHT WHICH AN EMPLOYEE IS PRESENTLY ENTITLED TO BUT WHICH  WOULD  BE
LOST UPON RELOCATION OUTSIDE THE STATE.
  3.  THE  COMMISSIONER SHALL MAINTAIN A CURRENT LIST OF SUCH BUSINESSES
AS MAY HAVE BEEN SUBJECT TO COMPLAINTS OF VIOLATION OF THE PROVISIONS OF
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

COMPLAINTS  AND  CURRENT LISTS SHALL BE MAILED ON A MONTHLY BASIS TO ALL
STATE AGENCIES AND DEPARTMENTS ACCEPTING BIDS FOR PUBLIC WORK.
  4.  THE COMMISSIONER SHALL ESTABLISH SUCH RULES AND REGULATIONS AS MAY
BE NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.