senate Bill S4940B

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

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

Summary

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

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Bill Details

See Assembly Version of this Bill:
A2129B
Versions:
S4940
S4940A
S4940B
Legislative Cycle:
2011-2012
Law Section:
Labor Law
Laws Affected:
Amd ยง27-b, Lab L

Votes

14
0
14
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Labor committee vote details

Sponsor 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4940--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               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

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