NY State Senate Bill 2019-S8645

Senate Bill S8645

2019-2020 Legislative Session

Establishes benefits and protections of essential employees providing essential services during a state of emergency

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 29, 2020	referred to rules

2019-S8645 (ACTIVE) - Details

See Assembly Version of this Bill:: A10861
Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §§20, 23, 24 & 29, Exec L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2821
2023-2024: S6117

2019-S8645 (ACTIVE) - Summary

Establishes benefits and protections for essential employees providing essential services during a state of emergency; defines essential services; requires certain disaster plans to provide measures to provide benefits and protections to employees providing essential services and requires such disaster plans to provide care to students aged 12 and under.

2019-S8645 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8645

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the executive law, in relation to establishing benefits
and protections of essential employees during a state of emergency

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation ensures essential workers receive and are eligible for
certain services during a state of emergency, such as, childcare.

 
SUMMARY OF PROVISIONS:

Section 1: Amends Subdivision 2 of section 20 of the executive law to
define what are "essential services" during a state of emergency.

Section 2: Amends subparagraph 4 of paragraph a of subdivision 7 of
section 23 of the executive law, and adds new subparagraphs 5 and 6
which provides guidelines to local governments' emergency management

plans. All emergency management plans must guarantee essential workers
receive benefits and protections for their work, including but not
limited to, childcare, medical supplies and/or personal protective
equipment. Childcare must be provided for all students aged 12 and
under.

Section 3: Amends subparagraph vi of paragraph g of subdivision 1 of
section 24 and adds two new paragraphs h and i which mandates that when
the chief executive of a municipality or county calls for the suspension
of certain services in the wake of a state of emergency, they still
mandate guidelines and support which provide essential workers with
medical services, personal protective equipment and childcare. Childcare
must be provided for all students aged 12 and under.

Section 4: Amends Section 29 of the executive law which mandates state
agencies maintain support in providing childcare, medical supplies, and
personal protective equipment.

 
JUSTIFICATION:

During the 2020 pandemic, essential workers were required to continue
working while schools and other businesses closed. Resources that main-
tain worker positions, including child care and personal protective
equipment, were shut down or in limited supply leaving many without
support to continue their work. Counties and cities had to quickly
organize support due to the immense need by those that keep New York
functioning or are front line emergency workers. We are guaranteeing the
right to resources that maintain essential workers in their position by
codifying such rights at the state level.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8645 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8645
 
                             I N  S E N A T E
 
                               June 29, 2020
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, in relation to establishing  benefits
   and protections of essential employees during a state of emergency
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of section 20 of the executive law is amended
 by adding a new paragraph l to read as follows:
   L. "ESSENTIAL  SERVICES"  MEANS  SERVICES,  WHETHER  RENDERED  TO  THE
 GOVERNMENT  OR TO ANY OTHER PERSON, PROVIDED BY ESSENTIAL PERSONS, BUSI-
 NESSES, NON-PROFITS OR OTHER ENTITIES.
   § 2. Subparagraph 4 of paragraph a of subdivision 7 of section  23  of
 the  executive  law,  as amended by section 4 of part B of chapter 56 of
 the laws of 2010, is amended and two new subparagraphs 5 and 6 are added
 to read as follows:
   (4) such other measures as reasonably can be taken to  protect  lives,
 prevent disasters, and reduce their impact[.];
   (5)  SUCH  MEASURES AS REASONABLY CAN BE TAKEN TO PROVIDE ALL BENEFITS
 AND PROTECTIONS TO EMPLOYEES OF ESSENTIAL PERSONS, BUSINESSES,  NON-PRO-
 FITS  OR  OTHER  ENTITIES  PROVIDING  ESSENTIAL  SERVICES  THAT MAINTAIN
 SUPPORT FOR SUCH POSITIONS INCLUDING, BUT NOT LIMITED  TO,  CHILD  CARE,
 MEDICAL SUPPLIES AND/OR PERSONAL PROTECTIVE EQUIPMENT;
   (6) SUGGESTED MEASURES TO PROVIDE CARE TO, AT A MINIMUM, STUDENTS AGED
 TWELVE  AND UNDER. IN ORDER TO ENSURE THAT EMERGENCY PLANS ARE PROVIDING
 FOR THE NEEDS OF SUCH STUDENTS, SUCH PLANS SHALL CLARIFY THE  WORK  THAT
 FALLS  WITHIN EACH OF THE IDENTIFIED ESSENTIAL PERSONS, BUSINESSES, NON-
 PROFITS OR OTHER ENTITIES. ADDITIONALLY, SUCH PLANS  SHALL  BE  USED  BY
 CHILD CARE PROVIDERS TO PRIORITIZE THE NEEDS OF ESSENTIAL WORKERS DURING
 AN EMERGENCY.
   §  3.  Subparagraph (vi) of paragraph g of subdivision 1 of section 24
 of the executive law, as added by chapter 640 of the laws of 1978 and as
 relettered by chapter 158 of the laws of 1994, is amended  and  two  new
 paragraphs h and i are added to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16355-01-0

 S. 8645                             2
 
   (vi)  when  practicable,  specialists shall be assigned to assist with
 the related emergency actions to avoid adverse  effects  resulting  from
 such suspension[.];
   H.  SUCH  MEASURES  AS REASONABLY CAN BE TAKEN TO PROVIDE ALL BENEFITS
 AND PROTECTIONS TO EMPLOYEES OF ESSENTIAL PERSONS, BUSINESSES,  NON-PRO-
 FITS  OR  OTHER  ENTITIES  PROVIDING  ESSENTIAL  SERVICES  THAT MAINTAIN
 SUPPORT FOR SUCH POSITIONS INCLUDING, BUT NOT LIMITED  TO,  CHILD  CARE,
 MEDICAL SUPPLIES AND/OR PERSONAL PROTECTIVE EQUIPMENT;
   I.  SUGGESTED MEASURES TO PROVIDE CARE TO, AT A MINIMUM, STUDENTS AGED
 TWELVE AND UNDER. IN ORDER TO ENSURE THAT EMERGENCY PLANS ARE  PROVIDING
 FOR  THE  NEEDS OF SUCH STUDENTS, SUCH PLANS SHALL CLARIFY THE WORK THAT
 FALLS WITHIN EACH OF THE IDENTIFIED ESSENTIAL PERSONS, BUSINESSES,  NON-
 PROFITS  OR  OTHER  ENTITIES.  ADDITIONALLY, SUCH PLANS SHALL BE USED BY
 CHILD CARE PROVIDERS TO PRIORITIZE THE NEEDS OF ESSENTIAL WORKERS DURING
 AN EMERGENCY.
   § 4. Section 29 of the executive law, as added by chapter 640  of  the
 laws of 1978, is amended to read as follows:
   § 29. Direction  of  state  agency assistance in a disaster emergency.
 Upon the declaration of a state  disaster  emergency  the  governor  may
 direct  any  and all agencies of the state government to provide assist-
 ance under the coordination of  the  disaster  preparedness  commission.
 Such  state assistance may include: (1) utilizing, lending, or giving to
 political subdivisions, with or without  compensation  therefor,  equip-
 ment,  supplies,  facilities,  services  of  state  personnel, and other
 resources, other than the extension of credit;  (2)  distributing  medi-
 cine,  medical  supplies, food and other consumable supplies through any
 public or private agency authorized to distribute the same; (3) perform-
 ing on public or private lands temporary emergency  work  essential  for
 the  protection  of public health and safety, clearing debris and wreck-
 age, making emergency repairs to and temporary  replacements  of  public
 facilities of political subdivisions damaged or destroyed as a result of
 such  disaster;  [and]  (4)  making  such other use of their facilities,
 equipment, supplies and personnel as  may  be  necessary  to  assist  in
 coping  with  the disaster or any emergency resulting therefrom; AND (5)
 BENEFITS AND PROTECTIONS TO EMPLOYEES OF ESSENTIAL PERSONS,  BUSINESSES,
 NON-PROFITS OR OTHER ENTITIES PROVIDING ESSENTIAL SERVICES THAT MAINTAIN
 SUPPORT  FOR  SUCH  POSITIONS INCLUDING, BUT NOT LIMITED TO, CHILD CARE,
 MEDICAL SUPPLIES AND/OR PERSONAL PROTECTIVE EQUIPMENT.
   § 5. This act shall take effect immediately.

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