senate Bill S5281A

2013-2014 Legislative Session

Relates to limiting the work week of direct care workers

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 21, 2014 reported and committed to finance
May 07, 2014 print number 5281a
amend and recommit to mental health and developmental disabilities
Jan 08, 2014 referred to mental health and developmental disabilities
May 15, 2013 referred to mental health and developmental disabilities

Votes

view votes

May 21, 2014 - Mental Health and Developmental Disabilities committee Vote

S5281A
9
0
committee
9
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Mental Health and Developmental Disabilities committee vote details

Mental Health and Developmental Disabilities Committee Vote: May 21, 2014

aye wr (2)

S5281 - Details

See Assembly Version of this Bill:
A6085A
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§13.19 & 7.07, Ment Hyg L
Versions Introduced in 2011-2012 Legislative Session:
S5216A, S5716A, A8127A

S5281 - Summary

Relates to limiting the work week of direct care workers.

S5281 - Sponsor Memo

S5281 - Bill Text download pdf

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

                                  5281

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 15, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

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:

  Section  1.  Section  13.19  of  the  mental hygiene law is amended by
adding a new subdivision (e) to read as follows:
  (E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW NO PROVIDER OPERATING A
FACILITY LICENSED, OPERATED, OR CERTIFIED BY THE OFFICE SHALL REQUIRE  A
DIRECT  CARE  WORKER  TO  WORK MORE THAN SIXTY HOURS IN A SEVEN DAY WORK
WEEK EXCEPT IN CASES  OF  EXTRAORDINARY  EMERGENCY  INCLUDING,  BUT  NOT
LIMITED TO, FIRE, FLOOD, OR DANGER TO LIFE OR PROPERTY. FOR THE PURPOSES
OF  THIS  SUBDIVISION, "DIRECT CARE WORKER" SHALL MEAN AN EMPLOYEE WHOSE
PRIMARY RESPONSIBILITY IS THE DAILY CARE OF, SUPERVISION OF, AND  INTER-
ACTION  WITH  RESIDENTS OF A RESIDENTIAL FACILITY LICENSED, OPERATED, OR
CERTIFIED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the implementation of this act on its effective date are 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.
                                                           LBD07900-01-3

Co-Sponsors

S5281A (ACTIVE) - Details

See Assembly Version of this Bill:
A6085A
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§13.19 & 7.07, Ment Hyg L
Versions Introduced in 2011-2012 Legislative Session:
S5216A, S5716A, A8127A

S5281A (ACTIVE) - Summary

Relates to limiting the work week of direct care workers.

S5281A (ACTIVE) - Sponsor Memo

S5281A (ACTIVE) - Bill Text download pdf

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

                                 5281--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 15, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- recommitted to the Committee on  Mental  Health
  and  Developmental Disabilities in accordance with Senate Rule 6, sec.
  8 -- 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:

  Section 1. Section 13.19 of the mental  hygiene  law,  as  amended  by
section  2  of  part  J of chapter 56 of the laws of 2012, is amended to
read as follows:
S 13.19 Personnel of the office; regulations.
  (a) The commissioner may, within the  amounts  appropriated  therefor,
appoint  and  remove  in accordance with law and applicable rules of the
state civil service commission,  such  officers  and  employees  of  the
office  for  people with developmental disabilities as are necessary for
efficient administration. The commissioner shall, in exercising  his  or
her  appointing  authority, take, consistent with article twenty-three-A
of the correction law, all reasonable and necessary steps to ensure that
any such person so appointed has not previously engaged in  any  act  in
violation  of  any  law  which indicates a propensity to act in a manner
that would compromise the health and safety of individuals with develop-
mental disabilities.
  (b) The director of a hospital or institute in the office  shall  have
professional  qualifications  and  experience  to  be  prescribed by the
commissioner.
  (c) Notwithstanding the provisions of any other law, the  position  of
deputy  director  in  an office facility may be filled by new hire or by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07900-02-4

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