§ 211-A — Prohibition against use of funds

§ 211-a. Prohibition against use of funds. 1. The legislature hereby\nfinds and declares that sound fiscal management requires vigilance to\nensure that funds appropriated by the legislature for the purchase of\ngoods and provision of needed services are ultimately expended solely\nfor the purpose for which they were appropriated. The legislature finds\nand declares that when public funds are appropriated for the purchase of\nspecific goods and/or the provision of needed services, and those funds\nare instead used to encourage or discourage union organization, the\nproprietary interests of this state are adversely affected. As a result,\nthe legislature declares that the use of state funds and property to\nencourage or discourage employees from union organization constitutes a\nmisuse of the public funds and a misapplication of scarce public\nresources, which should be utilized solely for the public purpose for\nwhich they were appropriated.\n 2. Notwithstanding any other provision of law, no monies appropriated\nby the state for any purpose shall be used or made available to\nemployers to: (a) train managers, supervisors or other administrative\npersonnel regarding methods to encourage or discourage union\norganization, or to encourage or discourage an employee from\nparticipating in a union organizing drive; (b) hire or pay attorneys,\nconsultants or other contractors to encourage or discourage union\norganization, or to encourage or discourage an employee from\nparticipating in a union organizing drive; or (c) hire employees or pay\nthe salary and other compensation of employees whose principal job\nduties are to encourage or discourage union organization, or to\nencourage or discourage an employee from participating in a union\norganizing drive.\n 3. Any employer that utilizes funds appropriated by the state and\nengages in such activities shall maintain, for a period of not less than\nthree years from the date of such activities, financial records, audited\nas to their validity and accuracy, sufficient to show that state funds\nwere not used to pay for such activities. An employer shall make such\nfinancial records available to the state entity that provided such funds\nand the attorney general within ten business days of receipt of a\nrequest from such entity or the attorney general for such records.\n 4. The attorney general may apply in the name of the people of the\nstate of New York for an order enjoining or restraining the commission\nor continuance of the alleged violation of this section. In any such\nproceeding, the court may order the return to the state of the\nunlawfully expended funds. Further, the court may impose a civil penalty\nnot to exceed one thousand dollars where it has been shown that an\nemployer engaged in a violation of subdivision two of this section;\nprovided, however, that a court may impose a civil penalty not to exceed\none thousand dollars or three times the amount of money unlawfully\nexpended, whichever is greater, where it is shown that the employer\nknowingly engaged in a violation of subdivision two of this section or\nwhere the employer previously had been found to have violated\nsubdivision two within the preceding two years. All monies collected\npursuant to this section shall be deposited in the state general fund.\n 5. The commissioner shall promulgate regulations describing the form\nand content of the financial records required pursuant to this section,\nand the commissioner shall provide advice and guidance to state entities\nsubject to the provisions of this section as to the implementation of\ncontractual and administrative measures to enforce the purposes of this\nsection.\n