assembly Bill A10108

Signed By Governor
2015-2016 Legislative Session

Relates to extending the authority of the department of environmental conservation to manage fish

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Sponsored By

Archive: Last Bill Status Via S7197 -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
You must fill out the form below in order to support or oppose this bill. X

Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 21, 2016 signed chap.200
Jul 13, 2016 delivered to governor
Jun 06, 2016 returned to senate
passed assembly
ordered to third reading cal.863
substituted for a10108
Jun 06, 2016 substituted by s7197
May 26, 2016 advanced to third reading cal.863
May 24, 2016 reported
May 11, 2016 referred to environmental conservation

Co-Sponsors

A10108 - Details

See Senate Version of this Bill:
S7197
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §11-1303, En Con L
Versions Introduced in 2015-2016 Legislative Session:
S7197

A10108 - Summary

Relates to extending the authority of the department of environmental conservation to manage fish.

A10108 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10108

                          I N  A S S E M B L Y

                              May 11, 2016
                               ___________

Introduced by M. of A. PEOPLES-STOKES, ENGLEBRIGHT -- (at request of the
  Department of Environmental Conservation) -- read once and referred to
  the Committee on Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  extending the authority of the department of  environmental  conserva-
  tion to manage fish

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 11-1303 of the environmental conservation  law,  as
amended  by  chapter  163  of  the  law  of  2014, is amended to read as
follows:
S 11-1303. Open seasons, size and catch limits and manner of taking fish
             fixed by regulation.
  Notwithstanding any other provision of this  chapter,  the  department
may,  until  December thirty-first, two thousand [sixteen] NINETEEN, fix
by regulation open seasons, size and catch limits and manner  of  taking
of  all  species  of fish in all waters of the state, except marine fish
named in subdivisions 2 and 3 of section 13-0339  of  this  chapter  and
except  to  the extent that such open seasons, size and catch limits and
manner of taking are otherwise specifically provided for in  article  13
of this chapter.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14189-01-6

State Senator Patty Ritchie will honor 36 local heroes from throughout Central and Northern New York Thursday at her annual “Veterans Hall of Fame” ceremony, taking place at 2:00 p.m. at the Edick-Hamlink VFW Post 369, located at 5931 Scenic Avenue in Mexico.

Veterans were nominated for induction into the Veterans Hall of Fame by family, friends, co-workers and comrades-in-arms for their military service to our nation, and their continuing work and involvement in causes that benefit and improve our local communities.

senate Bill S7615

2015-2016 Legislative Session

Relates to the obligation to subcontractors in construction contracts

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Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
You must fill out the form below in order to support or oppose this bill. X

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 11, 2016 referred to consumer protection

S7615 - Details

Law Section:
General Business Law
Laws Affected:
Amd §§756, 756-a & 756-b, Gen Bus L

S7615 - Summary

Relates to the obligation to subcontractors in construction contracts, including contracts between contractors and subcontractors, monies to be paid for work performed by a subcontractor, and resolving disputes through arbitration.

S7615 - Sponsor Memo

S7615 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7615

                            I N  S E N A T E

                              May 11, 2016
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to the  obligation
  to subcontractors in construction contracts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 756 of the general  business  law,
as  amended  by  chapter  417 of the laws of 2009, is amended to read as
follows:
  1. "Construction contract" means a written or oral agreement  for  the
construction, reconstruction, alteration, maintenance, moving or demoli-
tion of any building, structure or improvement, or relating to the exca-
vation  of  or  other  development or improvement to land, and where the
aggregate  cost  of  the  construction  project  including  all   labor,
services, materials and equipment to be furnished, equals or exceeds one
hundred  fifty  thousand  dollars.  For  the  purposes of this article a
construction contract shall not  include  any  such  contract  made  and
awarded  by  the state, any public department, any public benefit corpo-
ration, any public corporation  or  official  thereof,  or  a  municipal
corporation or official thereof for construction, reconstruction, alter-
ation,  repair,  maintenance,  moving  or demolition of any public works
project nor any contract with a contractor  or  subcontractor  which  is
part  of  such project; or any such contract the purpose of which is the
construction, reconstruction, alteration, repair, maintenance, moving or
demolition of an individual one, two or three family residential  dwell-
ing or a residential tract development of one hundred or less one or two
family  dwellings,  or  any  residential  construction project where the
aggregate size of such project is four thousand five hundred square feet
or less, or any residential project of  fewer  than  seventy-five  units
which  receives  financial  assistance  from the federal government, the
state or a municipal entity designed for households earning  an  average
of  one hundred twenty-five percent of the housing and urban development
agency area median income, PROVIDED, HOWEVER,  THAT  THE  PROVISIONS  OF
THIS  SUBDIVISION  AS BETWEEN A CONTRACTOR AND A SUBCONTRACTOR SHALL NOT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

ALBANY, NY - Senator Patrick M. Gallivan (R-C-I, Elma) honored Virginia Krebs of Springville on Tuesday with one of the New York State Senate’s highest honors, the “Woman of Distinction” award.  Krebs is being recognized for her work with the Springville Concord Elder Network and other community organizations. 

Diabetes: Prevention, Management & Staying Healthy

Lynne Chimon, MS, RD, CDN, BC-ADM, CDE, Director of the Diabetes Education Center at Winthrop University Hospital, will discuss the risk factors for diabetes, practical lifestyle steps you can take to prevent the condition and what you can do to stay healthy. A question and answer session will follow. 

senate Bill S7614

2015-2016 Legislative Session

Expands endangering the welfare of a child to include using a child for the purpose of begging, rag picking, collecting cigar stumps of refuse, or peddling; repealer

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Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
You must fill out the form below in order to support or oppose this bill. X

Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 25, 2016 referred to codes
delivered to assembly
passed senate
May 23, 2016 ordered to third reading cal.1014
committee discharged and committed to rules
May 11, 2016 referred to codes

S7614 - Details

See Assembly Version of this Bill:
A10158
Law Section:
Penal Law
Laws Affected:
Rpld §35.07 sub 1 ¶(c), Arts & Cul L; amd §§120.40, 260.10, 260.11 & 260.15, add §260.10-a, Pen L; amd §509-cc, V & T L

S7614 - Summary

Expands endangering the welfare of a child to include using a child for the purpose of begging, rag picking, collecting cigar stumps or refuse, or peddling.

S7614 - Sponsor Memo

S7614 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7614

                            I N  S E N A T E

                              May 11, 2016
                               ___________

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

AN ACT to amend the penal law  and  the  vehicle  and  traffic  law,  in
  relation  to  endangering  the welfare of a child; and to repeal para-
  graph (c) of subdivision 1 of section 35.07 of the arts  and  cultural
  affairs law relating to unlawful exhibitions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (c) of subdivision 1 of section 35.07 of the arts
and cultural affairs law is REPEALED.
  S 2. Paragraph c of subdivision 5 of section 120.40 of the penal  law,
as  added  by  chapter  635  of  the laws of 1999, is amended to read as
follows:
  c. assault in the third degree, as defined in section 120.00; menacing
in the first degree, as defined  in  section  120.13;  menacing  in  the
second  degree,  as  defined  in  section  120.14; coercion in the first
degree, as defined in section 135.65; coercion in the second degree,  as
defined  in  section 135.60; aggravated harassment in the second degree,
as defined in section 240.30; harassment in the first degree, as defined
in section 240.25; menacing in the third degree, as defined  in  section
120.15;  criminal  mischief  in  the third degree, as defined in section
145.05; criminal mischief in the second degree, as  defined  in  section
145.10,  criminal  mischief  in  the first degree, as defined in section
145.12; criminal tampering in the first degree, as  defined  in  section
145.20;  arson in the fourth degree, as defined in section 150.05; arson
in the third degree, as defined in section 150.10; criminal contempt  in
the  first degree, as defined in section 215.51; endangering the welfare
of a child IN THE SECOND DEGREE, as defined in section 260.10; ENDANGER-
ING THE WELFARE OF A CHILD IN THE FIRST DEGREE, AS  DEFINED  IN  SECTION
260.10-A; or
  S 3. Section 260.10 of the penal law, as amended by chapter 447 of the
laws of 2010, is amended to read as follows:
S 260.10 Endangering the welfare of a child IN THE SECOND DEGREE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11817-02-6

senate Bill S7613

2015-2016 Legislative Session

Relates to payment on construction contracts

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
You must fill out the form below in order to support or oppose this bill. X

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 11, 2016 referred to judiciary

S7613 - Details

Law Section:
General Obligations Law
Laws Affected:
Amd §5-322.2, Gen Ob L

S7613 - Summary

Requires contractors to submit timely requisitions for payment of invoices for all work performed and materials provided on contracts by such contractors, as well as for any subcontractors and/or materialmen, and document in writing the reasons for rejection of such payment of subcontractors and/or materialmen, in whole or part.

S7613 - Sponsor Memo

S7613 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7613

                            I N  S E N A T E

                              May 11, 2016
                               ___________

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

AN ACT to amend the general obligations law, in relation to  payment  on
  construction contracts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 5-322.2 of the general obligations law  is  amended
by adding a new subdivision 2-a to read as follows:
  2-A.  THE  CONTRACTOR SHALL PERIODICALLY, IN ACCORDANCE WITH THE TERMS
OF THE CONTRACT, SUBMIT TO THE OWNER  OR  OWNERS  A  REQUISITION  FOR  A
PROGRESS  PAYMENT  FOR  THE WORK PERFORMED AND/OR MATERIALS FURNISHED TO
THE DATE OF THE REQUISITION, LESS ANY  AMOUNT  PREVIOUSLY  PAID  TO  THE
CONTRACTOR.  THE  CONTRACTOR  SHALL  INCLUDE  IN EACH SUCH REQUISITION A
REQUEST FOR PAYMENT FOR ALL WORK  PERFORMED  AND  MATERIAL  PROVIDED  BY
SUBCONTRACTORS  AND/OR MATERIALMEN FOR WHICH THE CONTRACTOR HAS RECEIVED
A REQUEST FOR PAYMENT AND WHICH THE  CONTRACTOR  HAS  NOT  REJECTED,  IN
WHOLE  OR IN PART. EACH SUBCONTRACTOR'S AND/OR MATERIALMAN'S REQUEST FOR
PAYMENT SHALL BE ACCEPTED OR REJECTED, IN  WHOLE  OR  IN  PART,  BY  THE
CONTRACTOR  NOT  LESS  THAN  THIRTY  BUT  NOT  MORE THAN FORTY-FIVE DAYS
FOLLOWING THE DATE OF THE CONTRACTOR'S RECEIPT OF  SAID  SUBCONTRACTOR'S
AND/OR  MATERIALMAN'S  REQUEST  FOR PAYMENT. IN THE EVENT THE CONTRACTOR
DETERMINES TO REJECT SUCH SUBCONTRACTOR'S AND/OR  MATERIALMAN'S  REQUEST
FOR PAYMENT, IN WHOLE OR IN PART, IT SHALL PROVIDE WRITTEN NOTICE OF THE
REJECTION TO THE APPLICABLE SUBCONTRACTOR AND/OR MATERIALMAN ACCOMPANIED
BY  A  REASONED ELABORATION IN SUPPORT OF THE CONTRACTOR'S REJECTION, IN
WHOLE OR IN PART, TOGETHER WITH A WRITTEN DESCRIPTION OF THE WORK, MATE-
RIALS, SUPPORTING DOCUMENTATION OR OTHER INFORMATION REQUIRED  IN  ORDER
FOR  THE  REQUEST  FOR  PAYMENT  TO  BE APPROVED; PROVIDED, HOWEVER, THE
CONTRACTOR SHALL INCLUDE IN ITS NEXT REQUISITION  ANY  PORTION  OF  SUCH
SUBCONTRACTOR'S  OR  MATERIALMAN'S  REQUEST  FOR  PAYMENT  WHICH  IS NOT
REJECTED BY THE CONTRACTOR; AND NO SUCH NOTICE OR ELABORATION  SHALL  BE
REQUIRED  FOR  PURPOSES  OF RETAINAGE AS AUTHORIZED BY THIS SECTION. THE
CONTRACTOR'S ACCEPTANCE OR REJECTION OF A REQUEST FOR PAYMENT  FOR  WORK
PERFORMED  AND  MATERIAL  PROVIDED  BY SUBCONTRACTORS AND/OR MATERIALMEN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Senator Patrick M. Gallivan (R-C-I, Elma) announces the Senate has passed a bill (S.6790) that would authorize organizations to increase their revenue and the value of prizes awarded through raffles.  By raising the limit, not-for-profit groups could generate more financial support for worthy causes within their communities. 

The legislation would increase the total threshold amount for not-for-profit organizations that are licensed to conduct split club raffles from $2-million to $3-million and the single prize amount from $100,000 to $300,000. 

NEW YORK – State Senator Brad Hoylman (D-Manhattan) yesterday named Vikki Barbero, Chair of Manhattan Community Board Five (CB5) as this year’s “Woman of Distinction.” Sponsored each year by the New York State Senate, the ceremony is meant to highlight the essential role that women play throughout New York State and honor those that have “greatly enriched the quality of life in their communities and beyond.”

Vikki traveled to Albany on May 10 for the official celebration, at which she and women from each of the other 62 Senate Districts in New York State were honored.

assembly Bill A2147B

2015-2016 Legislative Session

Relates to the state policy against restraint of trade

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
You must fill out the form below in order to support or oppose this bill. X

Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 11, 2016 print number 2147b
amend and recommit to labor
Feb 08, 2016 print number 2147a
amend and recommit to labor
Jan 06, 2016 referred to labor
Jan 15, 2015 referred to labor

Co-Sponsors

Multi-Sponsors

A2147 - Details

Law Section:
Labor Law
Laws Affected:
Add Art 33 §§950 - 953, Lab L
Versions Introduced in 2013-2014 Legislative Session:
A8409

A2147 - Summary

Relates to the state policy against restraint of trade; certain covenant not to compete unenforceable under certain circumstances; covenants regarding attorneys, whether as employees or independent contractors, are unenforceable in light of the client's right to choose his or her counsel.

A2147 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2147

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by M. of A. STECK -- read once and referred to the Committee
  on Labor

AN ACT to amend the labor law, in relation to the state  policy  against
  restraint of trade

  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 article 32 to read
as follows:

                               ARTICLE 32
                    POLICY AGAINST RESTRAINT OF TRADE
SECTION 930. POLICY.
        931. PARTICULAR RESTRAINTS OF TRADE UNENFORCEABLE.
        932. EXCEPTIONS.
  S 930. POLICY. THE LEGISLATURE HEREBY REAFFIRMS  THAT  THE  POLICY  OF
THIS STATE IS TO DISFAVOR RESTRICTIVE COVENANTS IN EMPLOYMENT AS CONSTI-
TUTING A RESTRAINT OF TRADE.
  S 931. PARTICULAR RESTRAINTS OF TRADE UNENFORCEABLE. A COVENANT NOT TO
COMPETE,  OR NON-SOLICITATION AGREEMENT WITH RESPECT TO EITHER EMPLOYEES
OR CUSTOMERS, SHALL NOT BE ENFORCEABLE  AGAINST  A  FORMER  EMPLOYEE  NO
LONGER  EMPLOYED  BY A BUSINESS OR INDEPENDENT CONTRACTOR NO LONGER IN A
CONTRACTUAL RELATIONSHIP WITH THE BUSINESS, UNLESS (1) THE  COVENANT  IS
REASONABLE IN GEOGRAPHIC EXTENT OR IN TIME BASED ON THE CIRCUMSTANCES OF
THE CASE AND (2) ONE OF THE FOLLOWING IS TRUE:
  (A)  SUCH  EMPLOYEE OR INDEPENDENT CONTRACTOR LEFT THE BUSINESS VOLUN-
TARILY OR WAS INVOLUNTARILY TERMINATED OR DISCHARGED FOR MISCONDUCT; AND
SUCH EMPLOYEE OR INDEPENDENT CONTRACTOR IS UNIQUE AS A MATTER OF LAW. AN
EMPLOYEE OR INDEPENDENT CONTRACTOR IS CONSIDERED UNIQUE IF AND  ONLY  IF
HE  OR SHE POSSESSES TRADE SECRETS OF THE BUSINESS OR CONFIDENTIAL MATE-
RIAL THAT IS AKIN TO A TRADE SECRET.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06922-01-5

Co-Sponsors

Multi-Sponsors

A2147A - Details

Law Section:
Labor Law
Laws Affected:
Add Art 33 §§950 - 953, Lab L
Versions Introduced in 2013-2014 Legislative Session:
A8409

A2147A - Summary

Relates to the state policy against restraint of trade; certain covenant not to compete unenforceable under certain circumstances; covenants regarding attorneys, whether as employees or independent contractors, are unenforceable in light of the client's right to choose his or her counsel.

A2147A - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2147--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by M. of A. STECK, GOTTFRIED, FINCH, NOJAY, BRINDISI, ARROYO
  -- Multi-Sponsored by -- M. of A. McLAUGHLIN,  SCHIMEL,  SEAWRIGHT  --
  read once and referred to the Committee on Labor -- recommitted to the
  Committee  on  Labor  in  accordance  with  Assembly Rule 3, sec. 2 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to amend the labor law, in relation to the state policy against
  restraint of trade

  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 article 33 to read
as follows:

                               ARTICLE 33
                    POLICY AGAINST RESTRAINT OF TRADE
SECTION 950. POLICY.
        951. PARTICULAR RESTRAINTS OF TRADE UNENFORCEABLE.
        952. EXCEPTIONS.
  S  950.  POLICY.  THE  LEGISLATURE HEREBY REAFFIRMS THAT THE POLICY OF
THIS STATE IS TO DISFAVOR RESTRICTIVE COVENANTS IN EMPLOYMENT AS CONSTI-
TUTING A RESTRAINT OF TRADE.
  S 951. PARTICULAR RESTRAINTS OF TRADE UNENFORCEABLE. A COVENANT NOT TO
COMPETE, OR NON-SOLICITATION AGREEMENT WITH RESPECT TO EITHER  EMPLOYEES
OR  CUSTOMERS,  SHALL  NOT  BE  ENFORCEABLE AGAINST A FORMER EMPLOYEE NO
LONGER EMPLOYED BY A BUSINESS OR INDEPENDENT CONTRACTOR NO LONGER  IN  A
CONTRACTUAL  RELATIONSHIP  WITH THE BUSINESS, UNLESS (1) THE COVENANT IS
REASONABLE IN GEOGRAPHIC EXTENT OR IN TIME BASED ON THE CIRCUMSTANCES OF
THE CASE AND (2) ONE OF THE FOLLOWING IS TRUE:
  (A) SUCH EMPLOYEE OR INDEPENDENT CONTRACTOR LEFT THE  BUSINESS  VOLUN-
TARILY OR WAS INVOLUNTARILY TERMINATED OR DISCHARGED FOR MISCONDUCT; AND
SUCH EMPLOYEE OR INDEPENDENT CONTRACTOR IS UNIQUE AS A MATTER OF LAW. AN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06922-03-6

Co-Sponsors

Multi-Sponsors

A2147B - Details

Law Section:
Labor Law
Laws Affected:
Add Art 33 §§950 - 953, Lab L
Versions Introduced in 2013-2014 Legislative Session:
A8409

A2147B - Summary

Relates to the state policy against restraint of trade; certain covenant not to compete unenforceable under certain circumstances; covenants regarding attorneys, whether as employees or independent contractors, are unenforceable in light of the client's right to choose his or her counsel.

A2147B - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2147--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by M. of A. STECK, GOTTFRIED, FINCH, NOJAY, BRINDISI, ARROYO
  -- Multi-Sponsored by -- M. of A. McLAUGHLIN,  SCHIMEL,  SEAWRIGHT  --
  read once and referred to the Committee on Labor -- recommitted to the
  Committee  on  Labor  in  accordance  with  Assembly Rule 3, sec. 2 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said  committee -- again reported from said committee
  with amendments, ordered reprinted as amended and recommitted to  said
  committee

AN  ACT  to amend the labor law, in relation to the state policy against
  restraint of trade

  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 article 33 to read
as follows:

                               ARTICLE 33
                    POLICY AGAINST RESTRAINT OF TRADE
SECTION 950. POLICY.
        951. PARTICULAR RESTRAINTS OF TRADE UNENFORCEABLE.
        952. COVENANTS RELATING TO ATTORNEYS.
        953. EXCEPTIONS.
  S  950.  POLICY.  THE  LEGISLATURE HEREBY REAFFIRMS THAT THE POLICY OF
THIS STATE IS TO DISFAVOR RESTRICTIVE COVENANTS IN EMPLOYMENT AS CONSTI-
TUTING A RESTRAINT OF TRADE.
  S 951. PARTICULAR RESTRAINTS OF TRADE UNENFORCEABLE. A COVENANT NOT TO
COMPETE, OR NON-SOLICITATION AGREEMENT WITH RESPECT TO EITHER  EMPLOYEES
OR  CUSTOMERS,  SHALL  NOT  BE  ENFORCEABLE AGAINST A FORMER EMPLOYEE NO
LONGER EMPLOYED BY A BUSINESS OR INDEPENDENT CONTRACTOR NO LONGER  IN  A
CONTRACTUAL  RELATIONSHIP  WITH THE BUSINESS, UNLESS (1) THE COVENANT IS
REASONABLE IN GEOGRAPHIC EXTENT OR IN TIME BASED ON THE CIRCUMSTANCES OF
THE CASE AND (2) ONE OF THE FOLLOWING IS TRUE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06922-04-6