Bill Text: NY A10423 | 2017-2018 | General Assembly | Introduced

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Bill Title: Directs the empire state development corporation to study a proposed rule of the department of labor relating to call-in pay prior to its adoption.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-05-30 - held for consideration in labor [A10423 Detail]

Download: New_York-2017-A10423-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10423
                   IN ASSEMBLY
                                     April 20, 2018
                                       ___________
        Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
          Committee on Labor
        AN ACT directing the empire state development  corporation  to  study  a
          proposed rule of the department of labor prior to its adoption
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Legislative intent. The legislature recognizes  the  impor-
     2  tance of the administrative rulemaking of agencies of state governments.
     3  The  state  administrative  procedure  act  (SAPA) was enacted to ensure
     4  uniform and equitable  practices  to  meet  the  public  interest.  SAPA
     5  provides  for  a job impact analysis by an agency to evaluate the poten-
     6  tial impact of a proposed rule on  jobs  and  employment  opportunities.
     7  SAPA also requires a regulatory impact statement and a regulatory flexi-
     8  bility  analysis for small business, which includes a study of costs and
     9  economic impact.
    10    § 2. Notwithstanding any law, rule or regulation to the contrary,  the
    11  proposed  rule  contained  in  the  November  22,  2017  State  Register
    12  (LAB-47-17-00011-P) by the New York state  department  of  labor,  which
    13  would  revise the call-in pay requirements of the minimum wage order for
    14  miscellaneous industries and  occupations  (12  NYCRR  Part  142  at  §§
    15  142-2.3  and 142-3.3) shall not be filed by the department of labor with
    16  the secretary of state and published in the  state  register  until  not
    17  less than 90 days after completion of a study providing additional eval-
    18  uation  of the potential impact of the rule by the empire state develop-
    19  ment corporation as provided for in this act.
    20    § 3. The empire state development corporation  shall,  in  conjunction
    21  with  a  third party, undertake a study to provide additional evaluation
    22  on the additional impacts on jobs and employment opportunities, cost and
    23  the economic impact, particularly on small businesses, of  the  proposed
    24  rule  referenced  herein.  Stakeholders  impacted  by this rule shall be
    25  contacted to obtain information. Upon completion, such  study  shall  be
    26  provided  to  the  department  of labor. Such study, including the addi-
    27  tional evaluation of the potential impacts, shall be considered a public
    28  comment for the purposes of article  two  of  the  state  administrative
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15308-02-8
        A. 10423                            2
     1  procedure  act and shall be analyzed and summarized in any assessment of
     2  public comments. The department of labor  shall  make  every  effort  to
     3  minimize  any  impacts determined by the empire state development corpo-
     4  ration.
     5    § 4. This act shall take effect immediately.