S4940B-2011 - NY Senate Open Legislation - Enacts the juvenile justice worker protection act relating to the definition of public employers

Enacts the juvenile justice worker protection act relating to the definition of public employers.

Sponsor: YOUNG
Law Section: Labor Law / Law: Amd S27-b, Lab L

S4940B-2011 Actions

Jun 13, 2011: SUBSTITUTED BY A2129B
Jun 1, 2011: ADVANCED TO THIRD READING
May 25, 2011: 2ND REPORT CAL.
May 24, 2011: 1ST REPORT CAL.821
May 19, 2011: PRINT NUMBER 4940B
May 19, 2011: AMEND AND RECOMMIT TO LABOR
May 5, 2011: PRINT NUMBER 4940A
May 5, 2011: AMEND (T) AND RECOMMIT TO LABOR
May 2, 2011: REFERRED TO LABOR

S4940B-2011 Meetings

Labor: May 24, 2011

S4940B-2011 Calendars

Active List: Jun 13, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011

S4940B-2011 Votes

VOTE: COMMITTEE VOTE: - Labor - May 24, 2011

Ayes (14): Robach, Alesi, DeFrancisco, Gallivan, Grisanti, Marcellino, McDonald, Martins, Peralta, Addabbo, Dilan, Perkins, Rivera, Smith
Ayes W/R (2): Johnson, Gianaris

S4940B-2011 Memo

BILL NUMBER:S4940B

TITLE OF BILL:
An act
to amend the labor law, in relation to the definition of public employers

PURPOSE OR GENERAL IDEA OF BILL:
To include not for profit juvenile justice facilities in New York
State under the "Workplace Violence Prevention Law."

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 titles the bill the "Juvenile Justice Worker Protection Act."

Section 2 amends paragraph (a) of subdivision 3 of section 27-b of the
labor law as added by chapter 82 of the laws of 2006 by adding
facilities that accept children adjudicated delinquent to the list of
employers that are required to design and implement a workplace
violence protection program to prevent and minimize the hazard of
workplace violence to employees.

Section 3 states the effective date.

JUSTIFICATION:
More judges statewide are sending juveniles adjudicated delinquent to
less secure, privately run residential programs in lieu of state-run
juvenile justice facilities. This shift raises safety concerns for
youth placed in the facilities, visitors, staff, and the community
surrounding the centers.

For this reason, these private facilities should be required to
implement the same safety planning 'programs that is required of
state operated facilities. This will result in a safer and more
appropriate environment for both the youth and the employees of these
private facilities by requiring facility management to identify risks
of violence and undertake the means to abate those risks.

PRIOR LEGISLATIVE HISTORY:
New Legislation.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
120 days following enactment.

S4940B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 4940--B
 2011-2012 Regular Sessions
 I N  SENATE
 May 2, 2011
 
 Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
 printed to be  committed  to  the  Committee  on  Labor  --  committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to  said  committee  --  committee  discharged,  bill amended, ordered
 reprinted as amended and recommitted to said committee
 

AN ACT to amend the labor law, in relation to the definition  of  public
 employers
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. This act shall be known and may be cited as  the  "juvenile
 justice worker protection act."
 

S 2. Paragraph a of subdivision 2 of section 27-b of the labor law, as
 added by chapter 82 of the laws of 2006, is amended to read as follows:

 a. "Employer" means: (1) the state; (2) a political subdivision of the
 state,  provided,  however  that  this  subdivision  shall  not mean any
 employer as defined in section twenty-eight hundred one-a of the  educa
 tion law; [and] (3) a public authority, a public benefit corporation, or
 any  other  governmental  agency  or instrumentality thereof; AND (4) AN
 AUTHORIZED AGENCY AS DEFINED IN PARAGRAPH  (A)  OF  SUBDIVISION  TEN  OF
 SECTION  THREE  HUNDRED  SEVENTY-ONE  OF  THE  SOCIAL  SERVICES LAW THAT
 ACCEPTS CHILDREN ADJUDICATED DELINQUENT UNDER ARTICLE THREE OF THE FAMI
 LY COURT ACT.
 

S 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however, that effective immediate
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the  implementation of this act on its effective date is
 authorized 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.
 LBD07749-05-1

S4940B-2011: Enacts the juvenile justice worker protection act relating to the definition of public employers