S T A T E O F N E W Y O R K
________________________________________________________________________
9281
I N A S S E M B L Y
February 23, 2024
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee on Labor
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:
Section 1. The state finance law is amended by adding a new section
99-rr to read as follows:
§ 99-RR. NEW YORK STATE WORKER PROTECTION AND LABOR LAW ENFORCEMENT
FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE
COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND
TO BE KNOWN AS THE NEW YORK STATE WORKER PROTECTION AND LABOR LAW
ENFORCEMENT FUND.
2. SUCH FUND SHALL CONSIST OF ALL MONETARY DAMAGES AND PENALTIES
RECOVERED BY THE DEPARTMENT OF LABOR FOR EMPLOYER VIOLATIONS, UNLESS
OTHERWISE DESIGNATED, OF ARTICLES TWO, FIVE, SIX, EIGHT, NINE, NINETEEN,
NINETEEN-B, TWENTY-C, TWENTY-FIVE-A, TWENTY-FIVE-B, AND TWENTY-FIVE-C OF
THE LABOR LAW OR WITH ANY REGULATIONS RELATED THERETO AND ALL OTHER
MONEYS APPROPRIATED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO
LAW; PROVIDED, HOWEVER THAT NO MONIES DUE AND OWING TO ANY OTHER PARTY
SHALL BE DEDICATED TO THE FUND. NOTHING CONTAINED IN THIS SECTION SHALL
PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
THE FUND ACCORDING TO LAW.
3. THE MONIES IN THE FUND, AFTER APPROPRIATION BY THE LEGISLATURE,
SHALL BE AVAILABLE TO THE COMMISSIONER OF LABOR FOR THE SOLE PURPOSE OF
SUPPLEMENTING THE DEPARTMENT'S LABOR LAW ENFORCEMENT DUTIES; PROVIDED,
HOWEVER, THAT SUCH FUNDING SHALL BE APPROPRIATED IN ADDITION TO ANY
OTHER MONIES APPROPRIATED TO THE DEPARTMENT FOR THE STATE FISCAL YEAR IN
EFFECT ON THE EFFECTIVE DATE OF THIS SECTION.
4. ON OR BEFORE JANUARY FIRST OF EACH YEAR, THE DEPARTMENT OF LABOR
SHALL PROVIDE A WRITTEN REPORT DETAILING HOW THE MONIES OF THE FUND WERE
UTILIZED DURING THE PRECEDING FISCAL YEAR. SUCH REPORT SHALL BE PROVIDED
TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13665-02-3
A. 9281 2
THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY
WAYS AND MEANS COMMITTEE, THE CHAIR OF THE SENATE COMMITTEE ON LABOR,
THE CHAIR OF THE ASSEMBLY LABOR COMMITTEE, AND THE STATE COMPTROLLER.
SUCH REPORT SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE AND SHALL
INCLUDE:
(A) THE NUMBER OF ENFORCEMENT PROCEEDINGS INITIATED FOR EMPLOYER
VIOLATIONS OF ARTICLES TWO, FIVE, SIX, EIGHT, NINE, NINETEEN, NINE-
TEEN-B, TWENTY-C, TWENTY-FIVE-A, TWENTY-FIVE-B, AND TWENTY-FIVE-C OF THE
LABOR LAW OR ANY REGULATIONS RELATED THERETO, THE NAME OF THE ENTITY
AGAINST WHICH SUCH PROCEEDING WAS INITIATED AND THE AMOUNT COLLECTED FOR
EACH SUCH PROCEEDING, IF ANY;
(B) THE AMOUNT OF MONEY AVAILABLE AND DISPERSED FROM THE FUND OVER THE
PREVIOUS TWELVE MONTHS;
(C) A DESCRIPTION ON HOW SUCH MONIES WERE USED, INCLUDING THE NUMBER
OF ENFORCEMENT PERSONNEL HIRED OR SUPPORTED BY SUCH MONIES; AND
(D) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE NEXT FISCAL YEAR.
§ 2. This act shall take effect April 1, 2024.