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Cal. Gov. Code § 16645.4

Prohibition on Use of State Funds and Facilities to Assist, Promote, or Deter Union Organizing

Applied in 3 court decisions — leading case Healthcare Association of New York State Inc Nysarc v. E Pataki 05-2570-

Most recently applied in Healthcare Association Of New York State, Inc. v. George E. Pataki (December 2006)

Added by Stats. 2000, Ch. 872, Sec. 2

(a) A state contractor that receives state funds in excess of fifty thousand dollars ($50,000) pursuant to a contract with the state or a state agency shall not use those state funds to assist, promote, or deter union organizing during the life of the contract, including any extensions or renewals of the contract. The dollar threshold in this subdivision, however, does not limit the application of other provisions of this chapter that restrict the use of state funds.

(b) All contracts in excess of fifty thousand dollars ($50,000) and that are awarded by the state or a state agency shall contain the prohibition stated in subdivision (a).

(c) A state contractor who is subject to subdivision (a) and who makes expenditures to assist, promote, or deter union organizing shall maintain records sufficient to show that no state funds were used for those expenditures. The state contractor shall provide those records to the Attorney General upon request.

(d) A state contractor is liable to the state for the amount of any funds expended made in violation of subdivision (a) plus a civil penalty equal to twice the amount of those funds.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.