S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1644--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A.  JOYNER,  ALVAREZ,  DICKENS  -- read once and
   referred to the Committee  on  Labor  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the labor law, in relation to  requiring  human  service
   providers  that  contract  with  the  state  to  pay their employees a
   certain minimum wage
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The labor law is amended by adding a new section 224-f to
 read as follows:
   § 224-F. WAGE REQUIREMENTS FOR CERTAIN HUMAN SERVICES WORKERS. 1.  FOR
 THE PURPOSES OF THIS SECTION:
   (A) "HUMAN SERVICES" SHALL MEAN ANY SERVICE PROVIDED TO INDIVIDUALS OR
 GROUPS  OF  INDIVIDUALS,  FOR THE PURPOSE OF IMPROVING OR ENHANCING SUCH
 INDIVIDUALS'  HEALTH  AND/OR  WELFARE,  BY  ADDRESSING  SOCIAL  PROBLEMS
 INCLUDING  BUT  NOT  LIMITED  TO:  DOMESTIC VIOLENCE, TEENAGE PREGNANCY,
 MIGRANT HEALTH PROBLEMS, CHILD ABUSE, NUTRITIONAL DEFICIENCIES, SUICIDE,
 HUNGER, UNEMPLOYMENT, LACK OF SUITABLE SHELTER, CRIME, DRUG AND  ALCOHOL
 ABUSE AND POVERTY.
   (B)  "HUMAN  SERVICES  PROVIDER" SHALL MEAN ANY: (I) NOT-FOR-PROFIT OR
 CHARITABLE ORGANIZATION, OR (II) LOCAL AGENCY AS  DEFINED  IN  PARAGRAPH
 (C)  OF  THIS  SUBDIVISION,  THAT (1) CONTRACTS WITH ANY STATE AGENCY OR
 OTHER PUBLIC ENTITY, AS DEFINED IN PARAGRAPH (E) OF THIS SUBDIVISION  TO
 PROVIDE  HUMAN SERVICES AS DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION,
 OR (2) DIRECTLY OR INDIRECTLY RECEIVES ANY PUBLIC FUNDS  TO  PROVIDE  OR
 CONTRACT WITH THIRD PERSONS TO PROVIDE HUMAN SERVICES FOR THE BENEFIT OF
 THE GENERAL PUBLIC OR SPECIFIC CLIENT GROUPS.
   (C)  "LOCAL  AGENCY"  SHALL INCLUDE ALL COUNTY, CITY, TOWN AND VILLAGE
 GOVERNING BODIES, ALL OTHER PUBLIC CORPORATIONS, SPECIAL  DISTRICTS  AND
 SCHOOL DISTRICTS IN THE STATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04314-02-3
              

 A. 1644--A                          2
 
   (D)  "STATE  AGENCY"  SHALL  INCLUDE  ANY DEPARTMENT, DIVISION, BOARD,
 BUREAU, COMMISSION, OFFICE, AGENCY, AUTHORITY OR PUBLIC  CORPORATION  OF
 THE STATE.
   (E)  "PUBLIC  ENTITY"  SHALL MEAN ANY LOCAL AGENCY AS DEFINED IN PARA-
 GRAPH (C) OF THIS SUBDIVISION AND ANY STATE AGENCY AS DEFINED  IN  PARA-
 GRAPH (D) OF THIS SUBDIVISION.
   2.  EVERY  CONTRACT  FOR  HUMAN SERVICES ENTERED INTO BETWEEN A PUBLIC
 ENTITY AND A HUMAN SERVICES PROVIDER, AND ANY SUCH CONTRACT ENTERED INTO
 BY A THIRD PARTY ACTING IN PLACE OF, ON BEHALF OF AND FOR THE BENEFIT OF
 SUCH PUBLIC ENTITY PURSUANT TO ANY  LEASE,  PERMIT  OR  OTHER  AGREEMENT
 BETWEEN SUCH THIRD PARTY AND THE PUBLIC ENTITY, SHALL STIPULATE THAT:
   (A) THE PUBLIC ENTITY SHALL PAY TO EACH HUMAN SERVICES WORKER FOR EACH
 HOUR WORKED NO LESS THAN ONE HUNDRED FIFTY PERCENT OF THE HIGHER OF: (I)
 THE  OTHERWISE  APPLICABLE MINIMUM WAGE UNDER SECTION SIX HUNDRED FIFTY-
 TWO OF THIS CHAPTER; OR (II) ANY OTHERWISE APPLICABLE WAGE RULE OR ORDER
 UNDER ARTICLE NINETEEN OF THIS CHAPTER; AND
   (B) ADEQUATE FUNDING HAS BEEN APPROPRIATED TO ENSURE  COMPLIANCE  WITH
 THE  MINIMUM WAGE REQUIREMENTS SET FORTH IN PARAGRAPH (A) OF THIS SUBDI-
 VISION.
   § 2. This act  shall  take  effect  immediately  and  shall  apply  to
 contracts  and  agreements issued, renewed, modified, altered or amended
 on or after such date.