New York State Assembly

 
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A05131 Summary:

A05131 Actions:

A05131 Committee Votes:

Committee:CORPORATIONS, AUTHORITIES AND COMMISSIONS   Chair:Dinowitz      
DATE:04/25/2017AYE/NAY:26/0  Action: Favorable refer to committee Codes        
Dinowitz
Aye
Lawrence
Aye
Cook
Aye
Lopez
Aye
Galef
Aye
Blankenbush
Aye
Jenne
Aye
Friend
Aye
Rodriguez
Aye
Malliotakis
Aye
Abinanti
Aye
Palmesano
Aye
Quart
Aye
Montesano
Aye
Otis
Aye
Rozic
Aye
Kim
Aye
Buchwald
Aye
Moya
Aye
Seawright
Aye
Dilan
Aye
Simotas
Aye
Richardson
Aye
De La Rosa
Aye
Pheffer Amato
Aye
Vanel
Aye

Committee:CODES   Chair:Lentol      
DATE:05/02/2017AYE/NAY:20/0  Action: Favorable         
Lentol
Aye
Graf
Aye
Schimminger
Aye
Giglio
Excused
Weinstein
Aye
McKevitt
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Ra
Aye
Cymbrowitz
Aye
Morinello
Aye
Titus
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Excused
Fahy
Aye

A05131 Floor Votes:

A05131 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5131
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2017
                                       ___________
 
        Introduced  by M. of A. STECK -- read once and referred to the Committee
          on Corporations, Authorities and Commissions
 
        AN ACT to amend the  limited  liability  company  law,  in  relation  to
          liability  of members for wages due to laborers, servants or employees
          by domestic and foreign limited liability companies

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  (c)  of section 609 of the limited liability
     2  company law, as added by chapter 537 of the laws of 2014, is amended  to
     3  read as follows:
     4    (c) Notwithstanding the provisions of subdivisions (a) and (b) of this
     5  section, the ten members with the largest percentage ownership interest,
     6  as  determined as of the beginning of the period during which the unpaid
     7  services referred to in this section are performed,  of  every  domestic
     8  limited  liability company, or of any foreign limited liability company,
     9  when the unpaid services were performed in the state, shall jointly  and
    10  severally  be personally liable for all debts, wages or salaries due and
    11  owing to any of  its  laborers,  servants  or  employees,  for  services
    12  performed by them for such limited liability company. Before such labor-
    13  er,  servant  or employee shall charge such member for such services, he
    14  or she shall give notice in writing  to  such  member  that  he  or  she
    15  intends to hold such member liable under this section. Such notice shall
    16  be  given  within  one  hundred  eighty  days  after termination of such
    17  services. An action to enforce such liability shall be commenced  within
    18  ninety  days  after  the  return of an execution unsatisfied against the
    19  limited liability company upon a judgment recovered against it for  such
    20  services.  A  member  who  has  paid more than his or her pro rata share
    21  under this section shall be entitled to contribution pro rata  from  the
    22  other  members  liable  under this section with respect to the excess so
    23  paid, over and above his or her pro rata share, and may sue them jointly
    24  or severally or any number of them to recover the amount due from  them.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08670-01-7
        A. 5131                             2
 
     1  Such  recovery may be had in a separate action. As used in this subdivi-
     2  sion, "pro rata" means in proportion to percentage  ownership  interest.
     3  Before  a  member  may  claim contribution from other members under this
     4  section,  he  or  she  shall  give them notice in writing that he or she
     5  intends to hold them so liable to him or her.
     6    § 2. This act shall take effect on the sixtieth  day  after  it  shall
     7  have become a law.