Senate Bill S5966

2017-2018 Legislative Session

Relates to liability of members for wages due to laborers, servants or employees by domestic and foreign limited liability companies

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2017-S5966 (ACTIVE) - Details

See Assembly Version of this Bill:
A5131
Current Committee:
Senate Corporations, Authorities And Commissions
Law Section:
Limited Liability Company Law
Laws Affected:
Amd §609, Lim Lil L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7526, A8712
2019-2020: S2734, A453

2017-S5966 (ACTIVE) - Summary

Relates to liability of members for wages due to laborers, servants or employees by domestic and foreign limited liability companies.

2017-S5966 (ACTIVE) - Sponsor Memo

2017-S5966 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5966
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2017
                                ___________
 
 Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN  ACT  to  amend  the  limited  liability  company law, in relation to
   liability of members for wages due to laborers, servants or  employees
   by domestic and foreign limited liability companies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (c) of section 609  of  the  limited  liability
 company  law, as added by chapter 537 of the laws of 2014, is amended to
 read as follows:
   (c) Notwithstanding the provisions of subdivisions (a) and (b) of this
 section, the ten members with the largest percentage ownership interest,
 as determined as of the beginning of the period during which the  unpaid
 services  referred  to  in this section are performed, of every DOMESTIC
 limited liability company, OR OF ANY FOREIGN LIMITED LIABILITY  COMPANY,
 WHEN  THE UNPAID SERVICES WERE PERFORMED IN THE STATE, shall jointly and
 severally be personally liable for all debts, wages or salaries due  and
 owing  to  any  of  its  laborers,  servants  or employees, for services
 performed by them for such limited liability company. Before such labor-
 er, servant or employee shall charge such member for such  services,  he
 or  she  shall  give  notice  in  writing  to such member that he or she
 intends to hold such member liable under this section. Such notice shall
 be given within one  hundred  eighty  days  after  termination  of  such
 services.  An action to enforce such liability shall be commenced within
 ninety days after the return of an  execution  unsatisfied  against  the
 limited  liability company upon a judgment recovered against it for such
 services. A member who has paid more than his  or  her  pro  rata  share
 under  this  section shall be entitled to contribution pro rata from the
 other members liable under this section with respect to  the  excess  so
 paid, over and above his or her pro rata share, and may sue them jointly
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.