2012 New York Consolidated Laws
LAB - Labor
Article 7 - (200 - 219-C) GENERAL PROVISIONS
211-A - Prohibition against use of funds.

 
    §  211-a.  Prohibition against use of funds. 1. The legislature hereby
  finds and declares that sound fiscal management  requires  vigilance  to
  ensure  that  funds  appropriated by the legislature for the purchase of
  goods and provision of needed services are  ultimately  expended  solely
  for  the purpose for which they were appropriated. The legislature finds
  and declares that when public funds are appropriated for the purchase of
  specific goods and/or the provision of needed services, and those  funds
  are  instead  used  to  encourage  or discourage union organization, the
  proprietary interests of this state are adversely affected. As a result,
  the legislature declares that the use of state  funds  and  property  to
  encourage  or discourage employees from union organization constitutes a
  misuse of the  public  funds  and  a  misapplication  of  scarce  public
  resources,  which  should  be utilized solely for the public purpose for
  which they were appropriated.
    2. Notwithstanding any other provision of law, no monies  appropriated
  by  the  state  for  any  purpose  shall  be  used  or made available to
  employers to: (a) train managers, supervisors  or  other  administrative
  personnel   regarding   methods   to   encourage   or  discourage  union
  organization,  or  to  encourage  or   discourage   an   employee   from
  participating  in  a  union organizing drive; (b) hire or pay attorneys,
  consultants or  other  contractors  to  encourage  or  discourage  union
  organization,   or   to   encourage   or  discourage  an  employee  from
  participating in a union organizing drive; or (c) hire employees or  pay
  the  salary  and  other  compensation  of  employees whose principal job
  duties  are  to  encourage  or  discourage  union  organization,  or  to
  encourage  or  discourage  an  employee  from  participating  in a union
  organizing drive.
    3. Any employer that utilizes funds  appropriated  by  the  state  and
  engages in such activities shall maintain, for a period of not less than
  three years from the date of such activities, financial records, audited
  as  to  their validity and accuracy, sufficient to show that state funds
  were not used to pay for such activities. An employer  shall  make  such
  financial records available to the state entity that provided such funds
  and  the  attorney  general  within  ten  business  days of receipt of a
  request from such entity or the attorney general for such records.
    4. The attorney general may apply in the name of  the  people  of  the
  state  of  New York for an order enjoining or restraining the commission
  or continuance of the alleged violation of this  section.  In  any  such
  proceeding,  the  court  may  order  the  return  to  the  state  of the
  unlawfully expended funds. Further, the court may impose a civil penalty
  not to exceed one thousand dollars where  it  has  been  shown  that  an
  employer  engaged  in  a  violation  of subdivision two of this section;
  provided, however, that a court may impose a civil penalty not to exceed
  one thousand dollars or three  times  the  amount  of  money  unlawfully
  expended,  whichever  is  greater,  where  it is shown that the employer
  knowingly engaged in a violation of subdivision two of this  section  or
  where   the   employer  previously  had  been  found  to  have  violated
  subdivision two within the preceding two  years.  All  monies  collected
  pursuant to this section shall be deposited in the state general fund.
    5.  The  commissioner shall promulgate regulations describing the form
  and content of the financial records required pursuant to this  section,
  and the commissioner shall provide advice and guidance to state entities
  subject  to  the  provisions of this section as to the implementation of
  contractual and administrative measures to enforce the purposes of  this
  section.