NY Lab L § 211-A (2021)
2021 New York Laws LAB - Labor Article 7 - 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.