Bill Text: NY A05022 | 2025-2026 | General Assembly | Introduced


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) 2025-02-10 - referred to labor [A05022 Detail]

Download: New_York-2025-A05022-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5022

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    February 10, 2025
                                       ___________

        Introduced by M. of A. BRONSON, SEAWRIGHT, SANTABARBARA -- read once and
          referred to the Committee 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:

     1    Section  1.  The  state finance law is amended by adding a new section
     2  99-ss to read as follows:
     3    § 99-ss. 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.
                                                                   LBD06072-01-5

        A. 5022                             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, 2026.
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