S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7818
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 18, 2023
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13665-02-3
 S. 7818                             2
              

 
   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,
 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.