Bill Text: NY S07908 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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) 2018-06-20 - COMMITTED TO RULES [S07908 Detail]

Download: New_York-2017-S07908-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7908
                    IN SENATE
                                      March 9, 2018
                                       ___________
        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    The  senate  standing  committee on commerce, economic development and
    11  small business, together  with  the  senate  administrative  regulations
    12  review  commission,  conducted  a  public  hearing on the New York state
    13  department of labor proposed rule making on employee scheduling (call-in
    14  pay). The testimony received by the committees raised questions concern-
    15  ing whether the data upon which the conclusions reached by  the  depart-
    16  ment of labor's regulatory impact statement considered all the appropri-
    17  ate information, particularly on job impact, and was consistent with the
    18  objectives  of  SAPA. Based on the information presented at the hearing,
    19  an additional evaluation of the proposed regulation would be appropriate
    20  prior to implementation of such regulation to ensure the  objectives  of
    21  SAPA are met.
    22    §  2. Notwithstanding any law, rule or regulation to the contrary, the
    23  proposed  rule  contained  in  the  November  22,  2017  State  Register
    24  (LAB-47-17-00011-P)  by  the  New  York state department of labor, which
    25  would revise the call-in pay requirements of the minimum wage order  for
    26  miscellaneous  industries  and  occupations  (12  NYCRR  Part  142 at §§
    27  142-2.3 and 142-3.3) shall not be filed by the department of labor  with
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15050-02-8
        S. 7908                             2
     1  the  secretary  of  state  and published in the state register until not
     2  less than 90 days after completion of a study providing additional eval-
     3  uation of the potential impact of the rule by the empire state  develop-
     4  ment corporation as provided for in this act.
     5    §  3.  The  empire state development corporation shall, in conjunction
     6  with a third party, undertake a study to provide  additional  evaluation
     7  on the additional impacts on jobs and employment opportunities, cost and
     8  the  economic  impact, particularly on small businesses, of the proposed
     9  rule referenced herein. Stakeholders impacted  by  this  rule  shall  be
    10  contacted  to  obtain  information. Upon completion, such study shall be
    11  provided to the department of labor. Such  study,  including  the  addi-
    12  tional evaluation of the potential impacts, shall be considered a public
    13  comment  for  the  purposes of article two of SAPA and shall be analyzed
    14  and summarized in any assessment of public comments. The  department  of
    15  labor  shall make every effort to minimize any impacts determined by the
    16  empire state development corporation.
    17    § 4. This act shall take effect immediately.