New York Laws
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.

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