NY State Senate Bill 2023-S9951

Senate Bill S9951

2023-2024 Legislative Session

Requires or allows licensing entities to suspend business licenses for certain businesses that are charged or convicted of wage theft

download bill text pdf

Current Bill Status - In Senate Committee Rules 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

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Nov 20, 2024	referred to rules

2023-S9951 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Labor Law
Laws Affected:: Amd §§190, 196, 198-a & 662, Lab L; add §§380.98 & 530.15, amd §500.10, CP L

2023-S9951 (ACTIVE) - Summary

Requires or allows licensing entities to suspend business licenses for certain businesses that are charged or convicted of wage theft; establishes reporting requirements for wage theft convictions.

2023-S9951 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9951

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the labor law and the criminal procedure law, in
relation to business license suspensions resulting from wage theft

 
PURPOSE OF BILL:

To deter wage theft by permitting the Commissioner of Labor to direct
the relevant agency to suspend or deny to an employer convicted of wage
theft a license to do business in the state for up to two years, and to
provide courts with a mechanism to ensure that ongoi ng wage theft does
not occur while a charge of wage theft is pending prosecution.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 190 of the Labor Law to add definitions for
"successor business," "agency," and "license."

Section 2 amends subdivision one of section 196 of the Labor Law to add

a new paragraph f which requires the Commissioner of Labor, u pon
notification by the court of the conviction of an employer for wage
theft, to direct the suspension of the employer's license to do business
in the state; outlines the process to be followed by the Commissioner
upon being so notified in order to determine whethe r and for how long
such employer's license to do business should be suspended, up to but
not exceeding two years; and sets out due pr ocess protections for the
employer including notice and an opportunity to be heard. This section
also requires the court to notify th e Commissioner of Labor of an
employer's conviction for wage theft.

Section 3 amends section 198-a of the Labor Law by adding new subdivi-
sions 4 and 5 to permit a court to prohibit an employer charged with
wage theft from applying for a license to operate a business under a
different business name and/or opening or operating a succe ssor busi-
ness engaged in the same or equivalent trade or activity for the penden-
cy of the criminal proceeding, and to require the court to notify the
Commissioner of Labor when an employer is convicted of wage theft under
this section.

Section 4 amends section 662 of the Labor Law by adding new subdivisions
3 and 4 to permit a court to prohibit an employer charged wi th wage
theft from applying for a license to operate a business under a differ-
ent business name and/or opening or operating a success or business
engaged in the same or equivalent trade or activity for the pendency of
the criminal proceeding, and to require the court to notify the Commis-
sioner of Labor when an employer is convicted of wage theft under this
section.

Section 5 amends the Criminal Procedure Law by adding a new section
380.98 which requires the court to notify the Commissioner of Lab or
upon judgment of conviction of an employer for wage theft.

Section 6 amends subdivision 3-a of section 500.10 of the Criminal
Procedure Law by adding a new paragraph (k) which permits the cour t to
prohibit an employer charged with wage theft from applying for a license
to operate a business under a different business name a nd/or opening or
operating a successor business engaged in the same or equivalent trade
or activity for the pendency of the criminal proceeding.

Section 7 amends the Criminal Procedure Law by adding a new section
530.15 which permits the court, when a criminal action charging w age
theft is pending against an employer, to prohibit the employer so
charged from applying for a license to operate a business under a
different business name and/or opening or operating a successor business
engaged in the same or equivalent trade or activity for t he pendency of
the criminal proceeding.

Section 8 sets the effective date.

 
JUSTIFICATION:

New York's Wage Theft Protection Act, passed in 2010, aimed to ensure
that hardworking New Yorkers had recourse under the law if thei r
employer failed to pay their wages (L. 2010, ch. 564). Along with
requiring clear notice to employees of pay rates and the employer 's
identity, and strengthening payroll and recordkeeping requirements, the
Act gave the Commissioner of Labor increased enforcement p owers and
enhanced the penalties for employers who fail to comply or engage in
retaliation. In 2021, the Labor Law was amended by the No Wage Theft
Loophole Act, which clarified that New York's Labor Law "completely and
without exception" prohibits failure to pay ea rned wages and imposes
liability on the employer (L. 2021, ch. 397).  In 2023, the Penal Law
was amended to include wage theft in the definition of criminal larceny
and to allow prosecutors to seek stronger penalties against employers
who steal wages from workers (L.  2023, ch. 353).

Despite these and other efforts by the legislature to ensure that work-
ers' wages are not withheld or stolen, unscrupulous employers c ontinue
to find ways around the law. In 2024, a Westchester contractor was
charged and convicted of wage theft after three separate a rrests for
failing to pay wages between December 2020 and February 2023. The
contractor continued to operate and opened a new busines s under a
different name, even while the criminal case was pending.2

This bill would provide the Department of Labor with additional tools to
prevent wage theft by providing for the suspension of an emp loyer's
license to do business in the state upon a conviction of wage theft. It
would further prevent unscrupulous employers from eva ding the law by
including any successor business in the suspension, and by allowing a
court to prohibit an employer from applying for a license under a
different business name and/or from owning or operating a successor
business while a criminal prosecution on a cha rge of wage theft is
pending.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.  1 Westchester County District
Attorney, New Rochelle Contractor Convicted and Sentenced for Failing to
Pay Eight Workers More Than $3 1,500 in Wages, July 31, 2024, available
at
https://www.westchesterda.net/july-2024/7103-new-rochelle-contractor-con
victed-and-senten
ced-for-failing-to-pay-eight-workers-more-than-31-500-in-wages (visited
10/23/24); Amir Khafagy, Contractor Still Operates Despite St ealing
Thousands in Wages from Immigrant Workers, Documented, August 16, 2024,
available at https://documentedny.com/2024/08/16/wage- theft-contrac-
tor-workers-fuertewestchester/ (visited 10/23/24).

2023-S9951 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9951
 
                             I N  S E N A T E
 
                             November 20, 2024
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  labor  law  and  the  criminal  procedure  law,  in
   relation to business license suspensions resulting from wage theft
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 190 of the labor law is amended by adding three new
 subdivisions 10, 11 and 12 to read as follows:
   10. "SUCCESSOR BUSINESS" MEANS AN  ENTITY  ENGAGED  IN  WORK  THAT  IS
 SUBSTANTIALLY  SIMILAR  TO  THAT  OF  THE  PREDECESSOR,  WHERE  THERE IS
 SUBSTANTIAL CONTINUITY OF OPERATION WITH THAT OF THE PREDECESSOR.
   11. "AGENCY" MEANS ANY AGENCY, DEPARTMENT, BOARD, OR COMMISSION OF THE
 STATE, OR OF ANY POLITICAL SUBDIVISION  OF  THE  STATE,  THAT  ISSUES  A
 LICENSE FOR THE PURPOSES OF OPERATING A BUSINESS WITHIN THE STATE.
   12.  "LICENSE"  MEANS ANY AGENCY PERMIT, CERTIFICATE, APPROVAL, REGIS-
 TRATION, CHARTER, OR SIMILAR FORM OF AUTHORIZATION THAT IS  REQUIRED  BY
 LAW  AND  ISSUED  BY ANY AGENCY FOR THE PURPOSES OF OPERATING A BUSINESS
 WITHIN THE STATE. "LICENSE" SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
   A. A CERTIFICATE OF INCORPORATION  ISSUED  PURSUANT  TO  SECTION  FOUR
 HUNDRED  TWO OF THE BUSINESS CORPORATION LAW, INCLUDING A CERTIFICATE OF
 INCORPORATION FOR A BENEFIT CORPORATION ISSUED PURSUANT TO  SECTION  ONE
 THOUSAND  SEVEN  HUNDRED  THREE  OF  THE  BUSINESS CORPORATION LAW, OR A
 CERTIFICATE OF AUTHORITY ISSUED PURSUANT TO SECTION  ONE  THOUSAND  FIVE
 HUNDRED THIRTY OF THE BUSINESS CORPORATION LAW;
   B.  ARTICLES  OF  ORGANIZATION  ISSUED PURSUANT TO SECTION TWO HUNDRED
 THREE OF THE LIMITED LIABILITY COMPANY LAW, OR A CERTIFICATE OF AUTHORI-
 TY ISSUED PURSUANT TO SECTION EIGHT HUNDRED FIVE OF THE LIMITED  LIABIL-
 ITY COMPANY LAW;
   C.  A  CERTIFICATE  OF  INCORPORATION  ISSUED PURSUANT TO SECTION FOUR
 HUNDRED TWO OF THE NOT-FOR-PROFIT CORPORATION LAW, OR A  CERTIFICATE  OF
 AUTHORITY  ISSUED PURSUANT TO SECTION ONE THOUSAND THREE HUNDRED FOUR OF
 THE NOT-FOR-PROFIT CORPORATION LAW;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16311-02-4
 S. 9951                             2

 
   D. A CERTIFICATE OF LIMITED PARTNERSHIP  ISSUED  PURSUANT  TO  SECTION
 121-201  OF  THE  PARTNERSHIP  LAW, OR A CERTIFICATE OF AUTHORITY ISSUED
 PURSUANT TO SECTION 121-904 OF THE PARTNERSHIP LAW;
   E.  ANY  CERTIFICATE  TO  CONDUCT BUSINESS UNDER AN ASSUMED NAME OR AS
 PARTNERS FILED PURSUANT TO SECTION ONE HUNDRED  THIRTY  OF  THE  GENERAL
 BUSINESS LAW THAT IS ON FILE IN THE OFFICE OF THE CLERK OF THE COUNTY IN
 WHICH  SUCH  BUSINESS  IS  CONDUCTED OR TRANSACTED, OR THE OFFICE OF THE
 SECRETARY OF STATE;
   F. ANY LICENSE, CERTIFICATE, PERMIT, OR REGISTRATION  ISSUED  PURSUANT
 TO SECTION SIXTY-FOUR OF THE ALCOHOLIC BEVERAGE CONTROL LAW, SECTION TWO
 HUNDRED  TWELVE-A  OR ARTICLE EIGHT OF THE LABOR LAW, OR THE AGRICULTURE
 AND MARKETS LAW;
   G. ANY LICENSE REQUIRED BY OR ISSUED PURSUANT TO THE GENERAL  BUSINESS
 LAW,  INCLUDING  BUT  NOT  LIMITED  TO  LICENSES FOR EMPLOYMENT AGENCIES
 PURSUANT TO ARTICLE ELEVEN OF THE GENERAL BUSINESS LAW; NAIL  SPECIALTY,
 NATURAL  HAIR  STYLING,  ESTHETICS,  AND COSMETOLOGY PURSUANT TO ARTICLE
 TWENTY-SEVEN OF THE GENERAL BUSINESS LAW; OR BARBERING PURSUANT TO ARTI-
 CLE TWENTY-EIGHT OF THE GENERAL BUSINESS LAW; AND
   H. ANY LICENSE ISSUED BY A MUNICIPAL AGENCY  FOR  CONDUCTING  BUSINESS
 WITHIN SUCH MUNICIPALITY, INCLUDING BUT NOT LIMITED TO LICENSES FOR HOME
 IMPROVEMENT   CONTRACTORS;  SKILLED  TRADES;  CONSTRUCTION;  RESTAURANT,
 CATERING, OR OTHER FOOD SERVICE; AND TAXI, LIMOUSINE, OR OTHER  FOR-HIRE
 VEHICLE SERVICES.
   §  2.  Subdivision  1  of  section  196 of the labor law is amended by
 adding a new paragraph f to read as follows:
   F. (I) UPON NOTIFICATION THAT AN EMPLOYER HAS BEEN CONVICTED OF  FAIL-
 ING  TO  PAY  THE  WAGES  OF  AN EMPLOYEE PURSUANT TO SUBDIVISION ONE OF
 SECTION ONE HUNDRED NINETY-EIGHT-A OF THIS ARTICLE, FAILING TO PAY MINI-
 MUM WAGE OR OVERTIME PAY PURSUANT TO SECTION SIX  HUNDRED  SIXTY-TWO  OF
 THIS  ARTICLE,  OR WAGE THEFT UNDER SECTION 155.05 OF THE PENAL LAW, THE
 COMMISSIONER SHALL, AFTER AFFORDING SUCH EMPLOYER NOTICE AND AN OPPORTU-
 NITY TO BE HEARD PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH,  ISSUE
 A  WRITTEN DETERMINATION DIRECTING ANY APPROPRIATE AGENCY TO SUSPEND ONE
 OR MORE LICENSES THAT WERE ISSUED TO OR FILED BY SUCH EMPLOYER, OR  SUCH
 EMPLOYER'S  SUCCESSOR BUSINESS, FOR A PERIOD OF TIME TO BE DETERMINED BY
 THE COMMISSIONER. THE COMMISSIONER MAY PROHIBIT SUCH EMPLOYER OR SUCCES-
 SOR BUSINESS FROM BEING ELIGIBLE TO  REAPPLY  FOR  A  LICENSE  SUSPENDED
 PURSUANT  TO THIS PARAGRAPH, OR ANY OTHER LICENSE ISSUED FOR THE PURPOSE
 OF OPERATING A BUSINESS IN THE STATE, FOR A PERIOD UP TO BUT NOT EXCEED-
 ING TWO YEARS.
   (II) IN DETERMINING THE LENGTH OF A LICENSE  SUSPENSION  DETERMINATION
 PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE COMMISSIONER SHALL
 CONSIDER THE FOLLOWING FACTORS:
   (1) THE NUMBER OF EMPLOYEES FOR WHICH THE EMPLOYER OR SUCCESSOR  BUSI-
 NESS  FAILED  TO  PAY REQUIRED WAGES, BENEFITS, TAXES, OR OTHER CONTRIB-
 UTIONS OR ASSESSMENTS;
   (2) THE TOTAL AMOUNT OF WAGES, BENEFITS, TAXES, OR OTHER CONTRIBUTIONS
 OR ASSESSMENTS WHICH THE EMPLOYER OR SUCCESSOR BUSINESS FAILED TO PAY;
   (3) ANY OTHER HARM  RESULTING  FROM  THE  EMPLOYER'S  FAILURE  TO  PAY
 REQUIRED WAGES, BENEFITS, TAXES, OR OTHER CONTRIBUTIONS OR ASSESSMENTS;
   (4) WHETHER THE EMPLOYER OR SUCCESSOR BUSINESS MADE GOOD FAITH EFFORTS
 TO COMPLY WITH ANY APPLICABLE REQUIREMENTS, AS DETERMINED BY THE COMMIS-
 SIONER;
   (5)  THE DURATION OF THE EMPLOYER'S OR SUCCESSOR BUSINESS'S FAILURE TO
 PAY REQUIRED WAGES, BENEFITS, TAXES, OR OTHER CONTRIBUTIONS  OR  ASSESS-
 MENTS;
 S. 9951                             3
 
   (6)  THE ROLE OF THE DIRECTORS, OFFICERS, OR AGENTS OF THE EMPLOYER OR
 SUCCESSOR BUSINESS;
   (7) ANY PRIOR MISCONDUCT BY THE EMPLOYER OR SUCCESSOR BUSINESS; AND
   (8) ANY OTHER RELEVANT FACTORS, AS DETERMINED BY THE COMMISSIONER.
   (III)  UPON THE CONVICTION OF AN EMPLOYER FOR FAILING TO PAY THE WAGES
 OF AN EMPLOYEE PURSUANT TO SUBDIVISION ONE OF SECTION ONE HUNDRED  NINE-
 TY-EIGHT-A  OF THIS ARTICLE, FAILING TO PAY MINIMUM WAGE OR OVERTIME PAY
 PURSUANT TO SECTION SIX HUNDRED SIXTY-TWO OF THIS ARTICLE, OR WAGE THEFT
 UNDER SECTION 155.05 OF THE  PENAL  LAW,  THE  COURT  SHALL  NOTIFY  THE
 COMMISSIONER OF SUCH CONVICTION.
   (IV)  PRIOR TO ISSUING A WRITTEN DETERMINATION DIRECTING ANY APPROPRI-
 ATE AGENCY TO SUSPEND ONE OR MORE LICENSES THAT WERE ISSUED TO OR  FILED
 BY  AN  EMPLOYER  PURSUANT  TO  SUBPARAGRAPH  (I) OF THIS PARAGRAPH, THE
 COMMISSIONER SHALL NOTIFY THE EMPLOYER,  OR  SUCH  EMPLOYER'S  SUCCESSOR
 BUSINESS,  IN WRITING, OF THE COMMISSIONER'S INTENT TO ISSUE SUCH DETER-
 MINATION AND THE REASONS THEREFOR, AND SHALL  AFFORD  SUCH  EMPLOYER  OR
 SUCCESSOR BUSINESS AN OPPORTUNITY TO BE HEARD IN PERSON OR BY COUNSEL IN
 REFERENCE  THERETO.   SUCH NOTICE SHALL NOTIFY THE EMPLOYER OR SUCCESSOR
 BUSINESS THAT A REQUEST FOR A HEARING MUST BE MADE WITHIN  FIFTEEN  DAYS
 AFTER  THE  ISSUANCE  OF  SUCH  NOTIFICATION. IF THE EMPLOYER REQUESTS A
 HEARING WITHIN SUCH FIFTEEN-DAY PERIOD, SUCH HEARING SHALL  BE  HELD  AT
 SUCH TIME AND PLACE AS THE COMMISSIONER SHALL PRESCRIBE. IF THE EMPLOYER
 DOES  NOT  REQUEST  A  HEARING WITHIN SUCH FIFTEEN-DAY PERIOD, THEN SUCH
 NOTIFICATION SHALL BE DEEMED THE  FINAL  WRITTEN  DETERMINATION  BY  THE
 COMMISSIONER.  THE  COMMISSIONER  SHALL HAVE SUBPOENA POWERS PURSUANT TO
 THE CIVIL PRACTICE LAW AND RULES IN CARRYING OUT THE PROVISIONS OF  THIS
 PARAGRAPH.  IF  THE  COMMISSIONER, AFTER SUCH HEARING, ISSUES A DETERMI-
 NATION DIRECTING THE SUSPENSION OF THE EMPLOYER'S LICENSE  OR  LICENSES,
 THE  COMMISSIONER SHALL NOTIFY SUCH EMPLOYER, IN WRITING, OF SUCH DETER-
 MINATION AND THE REASONS THEREFOR.
   § 3. Section 198-a of the labor law  is  amended  by  adding  two  new
 subdivisions 4 and 5 to read as follows:
   4.  THE  COURT MAY PROHIBIT ANY EMPLOYER, INCLUDING ANY PERSON WITH AN
 OWNERSHIP INTEREST IN SUCH EMPLOYER, WHO  IS  CHARGED  WITH  A  CRIMINAL
 OFFENSE  PURSUANT TO SUBDIVISION ONE OF THIS SECTION FROM APPLYING FOR A
 LICENSE TO OPERATE A BUSINESS IN THE STATE UNDER  A  DIFFERENT  BUSINESS
 NAME, AND/OR OPENING OR OPERATING ANY SUCCESSOR BUSINESS THAT IS ENGAGED
 IN  THE  SAME  OR  EQUIVALENT TRADE OR ACTIVITY, FOR THE PENDENCY OF THE
 CRIMINAL PROCEEDING.
   5. THE COURT SHALL NOTIFY THE COMMISSIONER OF ANY  EMPLOYER  CONVICTED
 OF A CRIMINAL OFFENSE PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   §  4. Section 662 of the labor law is amended by adding two new subdi-
 visions 3 and 4 to read as follows:
   3. THE COURT MAY PROHIBIT ANY EMPLOYER, INCLUDING ANY PERSON  WITH  AN
 OWNERSHIP  INTEREST  IN  SUCH  EMPLOYER,  WHO IS CHARGED WITH A CRIMINAL
 OFFENSE PURSUANT TO SUBDIVISION ONE OF THIS SECTION FROM APPLYING FOR  A
 LICENSE  TO  OPERATE  A BUSINESS IN THE STATE UNDER A DIFFERENT BUSINESS
 NAME, AND/OR OPENING OR OPERATING ANY SUCCESSOR BUSINESS THAT IS ENGAGED
 IN THE SAME OR EQUIVALENT TRADE OR ACTIVITY, FOR  THE  PENDENCY  OF  THE
 CRIMINAL PROCEEDING.
   4.  THE  COURT SHALL NOTIFY THE COMMISSIONER OF ANY EMPLOYER CONVICTED
 OF A CRIMINAL OFFENSE PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   § 5. The criminal procedure law is amended by  adding  a  new  section
 380.98 to read as follows:
 § 380.98 NOTIFICATION   TO   THE   COMMISSIONER   OF  LABOR  OF  CERTAIN
            CONVICTIONS.
 S. 9951                             4

   UPON JUDGMENT OF CONVICTION OF AN  EMPLOYER  FOR  A  CRIMINAL  OFFENSE
 PURSUANT  TO  SUBDIVISION  ONE  OF SECTION ONE HUNDRED NINETY-EIGHT-A OR
 SUBDIVISION ONE OF SECTION SIX HUNDRED SIXTY-TWO OF THE  LABOR  LAW,  OR
 WAGE THEFT PURSUANT TO SECTION 155.05 OF THE PENAL LAW, THE CLERK OF THE
 COURT SHALL INCLUDE NOTIFICATION AND A COPY OF THE WRITTEN DETERMINATION
 IN A REPORT OF SUCH CONVICTION TO THE COMMISSIONER OF LABOR.
   §  6.  Subdivision 3-a of section 500.10 of the criminal procedure law
 is amended by adding a new paragraph (k) to read as follows:
   (K) WHEN A PRINCIPAL IS CHARGED WITH A CRIMINAL  OFFENSE  PURSUANT  TO
 SUBDIVISION ONE OF SECTION ONE HUNDRED NINETY-EIGHT-A OR SUBDIVISION ONE
 OF  SECTION SIX HUNDRED SIXTY-TWO OF THE LABOR LAW, OR WAGE THEFT PURSU-
 ANT TO SECTION 155.05 OF THE PENAL LAW,  THE  COURT  MAY  PROHIBIT  SUCH
 PRINCIPAL FROM APPLYING FOR A LICENSE TO OPERATE A BUSINESS IN THE STATE
 UNDER A DIFFERENT BUSINESS NAME, AND/OR OPENING OR OPERATING ANY SUCCES-
 SOR  BUSINESS  THAT IS ENGAGED IN THE SAME OR EQUIVALENT TRADE OR ACTIV-
 ITY, FOR THE PENDENCY OF THE CRIMINAL PROCEEDING.
   § 7. The criminal procedure law is amended by  adding  a  new  section
 530.15 to read as follows:
 § 530.15 PROTECTION FOR VICTIMS OF WAGE THEFT.
   WHEN  A  CRIMINAL  ACTION IS PENDING INVOLVING A COMPLAINT CHARGING AN
 EMPLOYER WITH A CRIMINAL OFFENSE PURSUANT TO SUBDIVISION ONE OF  SECTION
 ONE  HUNDRED  NINETY-EIGHT-A  OR  SUBDIVISION ONE OF SECTION SIX HUNDRED
 SIXTY-TWO OF THE LABOR LAW, OR WAGE THEFT PURSUANT TO SECTION 155.05  OF
 THE PENAL LAW, THE COURT, IN ADDITION TO ANY OTHER POWERS CONFERRED UPON
 IT  BY  THIS  CHAPTER,  MAY  PROHIBIT  SUCH EMPLOYER FROM APPLYING FOR A
 LICENSE TO OPERATE A BUSINESS IN THE STATE UNDER  A  DIFFERENT  BUSINESS
 NAME, AND/OR OPENING OR OPERATING ANY SUCCESSOR BUSINESS THAT IS ENGAGED
 IN  THE  SAME  OR  EQUIVALENT TRADE OR ACTIVITY, FOR THE PENDENCY OF THE
 CRIMINAL PROCEEDING.
   § 8. This act shall take effect immediately.

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