Bill Text: NY S05716 | 2011-2012 | General Assembly | Amended

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Bill Title: Relates to limiting the work week of direct care workers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-05-15 - REPORTED AND COMMITTED TO FINANCE [S05716 Detail]

Download: New_York-2011-S05716-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5716--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     June 13, 2011
                                      ___________
       Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
         printed to be  committed  to  the  Committee  on  Rules  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN ACT to amend the mental hygiene law, in relation to limiting the work
         week of direct care workers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 13.19 of the  mental  hygiene  law  is  amended  by
    2  adding a new subdivision (f) to read as follows:
    3    (F) NOTWITHSTANDING ANY OTHER PROVISION OF LAW NO PROVIDER OPERATING A
    4  FACILITY  LICENSED, OPERATED, OR CERTIFIED BY THE OFFICE SHALL REQUIRE A
    5  DIRECT CARE WORKER TO WORK MORE THAN SIXTY HOURS IN  A  SEVEN  DAY  WORK
    6  WEEK  EXCEPT  IN  CASES  OF  EXTRAORDINARY  EMERGENCY INCLUDING, BUT NOT
    7  LIMITED TO, FIRE, FLOOD, OR DANGER TO LIFE OR PROPERTY. FOR THE PURPOSES
    8  OF THIS SUBDIVISION, "DIRECT CARE WORKER" SHALL MEAN AN  EMPLOYEE  WHOSE
    9  PRIMARY  RESPONSIBILITY IS THE DAILY CARE OF, SUPERVISION OF, AND INTER-
   10  ACTION WITH RESIDENTS OF A RESIDENTIAL FACILITY LICENSED,  OPERATED,  OR
   11  CERTIFIED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
   12    S  2.  This  act shall take effect on the ninetieth day after it shall
   13  have become a law; provided, however, that  effective  immediately,  the
   14  addition,  amendment  and/or  repeal of any rule or regulation necessary
   15  for the implementation of this act on its effective date are  authorized
   16  and directed to be made and completed on or before such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11758-03-1