Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to corporations, authorities and commissions |
Feb 03, 2015 |
referred to corporations, authorities and commissions |
Senate Bill S3219
2015-2016 Legislative Session
Sponsored By
(R, C) 7th Senate District
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
Actions
2015-S3219 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A1898
- Current Committee:
- Senate Corporations, Authorities And Commissions
- Law Section:
- Limited Liability Company Law
- Laws Affected:
- Add ยง612, Lim Lil L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S6912, A9449
2017-2018: A3757
2015-S3219 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3219 TITLE OF BILL: An act to amend the limited liability company law, in relation to the liability of members for wages due to laborers, servants or employees PURPOSE: To impose limited liability upon the top ten members of a Limited Liability Company for wages due employees; comparable to the liability imposed by Business Corporation Law Section 630 (Liability of shareholders for wages due to laborers, servants or employees) for personal services rendered by employees, upon the top ten members of a Limited Liability Company. SUMMARY OF PROVISIONS: Section one creates a new sub-section (c) under the existing section 609 of the Limited Liability Company Law (Liability of members, managers and agents), imposing liability upon the top ten members of a Limited Liability Company for personal services rendered by its employees, upon the return of an execution unsatisfied against the Limited Liability Company upon a judgment recovered against it for such services. Section two is the effective date. JUSTIFICATION: Currently, in recognition of the fact that employee wages are significantly different from other debt obligations of a business, New York's Business Corporation Law Section 630 imposes
2015-S3219 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3219 2015-2016 Regular Sessions I N S E N A T E February 3, 2015 ___________ Introduced by Sen. MARTINS -- 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 the liability of members for wages due to laborers, servants or employees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The limited liability company law is amended by adding a new section 612 to read as follows: S 612. LIABILITY OF MEMBERS FOR WAGES DUE TO LABORERS, SERVANTS OR EMPLOYEES. (A) NOTWITHSTANDING THE PROVISIONS OF SECTION SIX HUNDRED NINE OF THIS ARTICLE, THE TEN LARGEST MEMBERS OF A LIMITED LIABILITY COMPANY, AS DETERMINED BY THE FAIR VALUE OF THEIR BENEFICIAL INTEREST AS OF THE BEGINNING OF THE PERIOD DURING WHICH THE UNPAID SERVICES REFERRED TO IN THIS SECTION ARE PERFORMED, SHALL JOINTLY AND SEVERALLY BE PERSONALLY LIABLE FOR ALL DEBTS, WAGES OR SALARIES DUE AND OWING TO ANY OF ITS LABORERS, SERVANTS OR EMPLOYEES OTHER THAN CONTRACTORS, FOR SERVICES PERFORMED BY THEM FOR SUCH LIMITED LIABILITY COMPANY. BEFORE SUCH LABORER, 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 HIM OR HER LIABLE UNDER THIS SECTION. SUCH NOTICE SHALL BE GIVEN WITHIN ONE HUNDRED EIGHTY DAYS AFTER TERMINATION OF SUCH SERVICES, EXCEPT THAT IF, WITHIN SUCH PERIOD, THE LABORER, SERVANT OR EMPLOYEE DEMANDS AN EXAMINATION OF THE RECORDS UNDER SUBDIVISION (B) OF SECTION ONE THOUSAND ONE HUNDRED TWO OF THIS CHAPTER, SUCH NOTICE MAY BE GIVEN WITHIN SIXTY DAYS AFTER HE OR SHE HAS BEEN GIVEN THE OPPORTUNITY TO EXAMINE THE RECORDS. AN ACTION TO ENFORCE SUCH LIABILITY SHALL BE COMMENCED WITHIN NINETY DAYS AFTER THE RETURN OF AN EXECUTION UNSATIS- FIED AGAINST THE LIMITED LIABILITY COMPANY UPON A JUDGMENT RECOVERED AGAINST IT FOR SUCH SERVICES. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02510-01-5
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