Bill Text: NY S01911 | 2019-2020 | 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: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [S01911 Detail]

Download: New_York-2019-S01911-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1911
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 17, 2019
                                       ___________
        Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Corporations,  Authorities
          and Commissions
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03915-01-9
        S. 1911                             2
     1  contacted  to  obtain  information. Upon completion, such study shall be
     2  provided to the department of labor. Such  study,  including  the  addi-
     3  tional evaluation of the potential impacts, shall be considered a public
     4  comment  for  the  purposes  of  article two of the state administrative
     5  procedure act and shall be analyzed and summarized in any assessment  of
     6  public  comments.  The  department  of  labor shall make every effort to
     7  minimize any impacts determined by the empire state  development  corpo-
     8  ration.
     9    § 4. This act shall take effect immediately.