Assembly Bill A7624

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7624
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 1, 2025
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Labor
 
 AN ACT to amend the labor law, in relation  to  establishing  the  human
   services wage commission
 
   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  "human
 services wage commission act".
   §  2. The labor law is amended by adding a new article 19-E to read as
 follows:
                               ARTICLE 19-E
                      HUMAN SERVICES WAGE COMMISSION
 SECTION 697. LEGISLATIVE FINDINGS AND PURPOSE.
         697-A. DEFINITIONS.
         697-B. ESTABLISHMENT OF THE HUMAN SERVICES WAGE COMMISSION.
         697-C. POWERS AND DUTIES OF THE COMMISSION.
         697-D. REPORTING.
         697-E. RULES AND REGULATIONS.
         697-F. SEVERABILITY.
   § 697. LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE HEREBY  FINDS
 AND  DECLARES  THAT THE WAGES PAID TO EMPLOYEES IN HUMAN SERVICE OCCUPA-
 TIONS ARE OFTEN INSUFFICIENT TO  PROVIDE  ADEQUATE  MAINTENANCE  AND  TO
 PROTECT THE HEALTH OF THE EMPLOYEE. THEREFORE, IT IS NECESSARY TO ESTAB-
 LISH  A  HUMAN  SERVICES WAGE COMMISSION TO INVESTIGATE AND ADDRESS WAGE
 DISPARITIES IN THE HUMAN SERVICES SECTOR.
   § 697-A. DEFINITIONS. FOR PURPOSES  OF  THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "COMMISSION"  MEANS THE HUMAN SERVICES WAGE COMMISSION ESTABLISHED
 PURSUANT TO THIS ARTICLE.
   2. "HUMAN SERVICES WORKER" MEANS ANY EMPLOYEE THAT IS  EMPLOYED  BY  A
 HUMAN  SERVICES  PROVIDER  AGENCY THAT PROVIDES DIRECT HANDS-ON SUPPORTS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10137-01-5
              

 A. 7624                             2
 
 AND/OR SERVICES TO PEOPLE OR GROUPS  OF  PEOPLE  RECEIVING  SERVICES  IN
 PROGRAMS  LICENSED,  CERTIFIED,  OR  FUNDED  BY THE STATE AND WHOSE BASE
 ANNUAL WAGE IS NOT MORE THAN EIGHTY-FIVE THOUSAND DOLLARS PER YEAR.
   3.  "HUMAN SERVICES PROVIDER AGENCY" MEANS AN ENTITY THAT IS LICENSED,
 CERTIFIED, OR FUNDED BY THE OFFICE OF MENTAL HEALTH, OFFICE  FOR  PEOPLE
 WITH  DEVELOPMENTAL  DISABILITIES,  OFFICE  OF  ADDICTION  SERVICES  AND
 SUPPORTS, OFFICE FOR THE AGING, DEPARTMENT OF HEALTH, OFFICE  OF  TEMPO-
 RARY  AND  DISABILITY  ASSISTANCE,  OR THE OFFICE OF CHILDREN AND FAMILY
 SERVICES TO PROVIDE SERVICES TO INDIVIDUALS FOR WHICH SUCH AGENCIES  ARE
 LICENSED, CERTIFIED, OR FUNDED.
   § 697-B. ESTABLISHMENT OF THE HUMAN SERVICES WAGE COMMISSION. 1. THERE
 IS  HEREBY  ESTABLISHED  WITHIN  THE  DEPARTMENT THE HUMAN SERVICES WAGE
 COMMISSION.
   2. THE COMMISSION SHALL CONSIST OF THE FOLLOWING MEMBERS:
   (A) THE COMMISSIONER;
   (B) THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES;
   (C) THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
 ANCE;
   (D) THE COMMISSIONER OF THE OFFICE OF ADDICTION SERVICES AND SUPPORTS;
   (E) THE DIRECTOR OF THE OFFICE FOR THE AGING;
   (F) THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
 BILITIES;
   (G) THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH;
   (H) THE COMMISSIONER OF THE DEPARTMENT OF HEALTH;
   (I) THE DEPUTY SECRETARY FOR HUMAN SERVICES AND MENTAL HYGIENE; AND
   (J) NOT MORE THAN  TEN  REPRESENTATIVES  OF  EMPLOYERS  IN  THE  HUMAN
 SERVICES  SECTOR AND AN EQUAL NUMBER OF HUMAN SERVICE WORKERS THAT SHALL
 BE RECOMMENDED BY THE GOVERNOR, THE TEMPORARY PRESIDENT OF  THE  SENATE,
 AND THE SPEAKER OF THE ASSEMBLY.
   3. THE COMMISSIONER SHALL BE TASKED WITH APPOINTING THE MEMBERS OF THE
 COMMISSION  AND  SHALL BE REQUIRED TO DESIGNATE THE CHAIR OF THE COMMIS-
 SION.
   4. THE COMMISSIONER MAY CREATE RULES TO GOVERN THE MANNER IN WHICH THE
 COMMISSION SHALL FUNCTION.
   § 697-C. POWERS AND DUTIES OF THE COMMISSION. 1. THE COMMISSION  SHALL
 BE  AUTHORIZED  TO  INVESTIGATE WHETHER THE WAGES PAID TO HUMAN SERVICES
 WORKERS ARE SUFFICIENT TO PROVIDE ADEQUATE MAINTENANCE  AND  TO  PROTECT
 THE HEALTH AND WELFARE OF EMPLOYEES.
   2.  THE  COMMISSION  SHALL HOLD PUBLIC HEARINGS AND INVITE WRITTEN AND
 ORAL TESTIMONY FROM STAKEHOLDERS, INCLUDING BUT NOT LIMITED  TO  EMPLOY-
 EES, EMPLOYERS, AND OTHER STAKEHOLDERS.
   3.  THE  COMMISSION  SHALL  HAVE THE POWER TO CONDUCT PUBLIC HEARINGS,
 CONSULT WITH EMPLOYERS, EMPLOYEES, STATE, FEDERAL, AND  LOCAL  AGENCIES,
 AND OTHER PERSONS IT DEEMS NECESSARY.
   4. THE COMMISSION SHALL HAVE THE AUTHORITY TO ADMINISTER OATHS, COMPEL
 TESTIMONY  BY  SUBPOENA, AND PERFORM DEPOSITIONS OF WITNESSES SIMILAR TO
 THE MANNER USED IN CIVIL ACTIONS.
   5. THE COMMISSION SHALL NOT BE BOUND BY COMMON LAW OR STATUTORY  RULES
 OF PROCEDURE OR EVIDENCE.
   §  697-D.  REPORTING.  1.  THE  COMMISSION  SHALL SUBMIT A PRELIMINARY
 REPORT OF ITS FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR,  THE  TEMPO-
 RARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY WITHIN ONE
 HUNDRED TWENTY DAYS OF THE APPOINTMENT OF ITS MEMBERS. SUCH FINDINGS AND
 RECOMMENDATIONS  SHALL AT A MINIMUM INCLUDE AN ANALYSIS OF THE IMPACT OF
 THE FISCAL AND SOCIAL IMPLICATIONS OF THE RECOMMENDED  WAGES  FOR  HUMAN
 SERVICE WORKERS.
 A. 7624                             3

   2.  SUCH  PRELIMINARY  REPORT  SHALL  INCLUDE SPECIFIC RECOMMENDATIONS
 ABOUT WAGES FOR THE IDENTIFIED TITLES  OF  HUMAN  SERVICES  WORKERS  AND
 SHALL TAKE INTO CONSIDERATION WAGE COMPRESSION, REGIONAL ADJUSTMENTS AND
 OTHER  FACTORS  THAT  THE  COMMISSION  DEEMS  NECESSARY AND APPROPRIATE.
 FURTHER, SUCH PRELIMINARY REPORT SHALL PROVIDE AN IMPLEMENTATION PLAN TO
 PHASE  IN  SUCH  RECOMMENDATIONS OVER A PERIOD OF TIME THAT IS NO LONGER
 THAN FIVE YEARS.
   3. FOLLOWING THE ISSUANCE OF THE REPORT AND RECOMMENDATIONS, FOR HUMAN
 SERVICES  WORKERS  EMPLOYED  BY  PROVIDER  AGENCIES  IN  MEDICAID-FUNDED
 PROGRAMS,  THE  DEPARTMENT SHALL CONSULT WITH THE CENTERS FOR MEDICARE &
 MEDICAID SERVICES PRIOR TO ISSUING THE FINAL REPORT  AND  IMPLEMENTATION
 PLAN  TO  ENSURE  FEDERAL  FINANCIAL  PARTICIPATION AND SHALL CONDUCT AN
 ACTUARIAL ANALYSIS OF RATES,  TO  ENSURE  RATE  ADJUSTMENTS  TO  SUPPORT
 INCREASES IN WAGES IN THE IMPLEMENTATION OF THE RECOMMENDATIONS.
   4.  THE  FINAL REPORT AND IMPLEMENTATION PLAN SHALL BE ISSUED NO LATER
 THAN MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.
   5. THE REPORTS SHALL BE MADE AVAILABLE TO THE PUBLIC  ON  THE  DEPART-
 MENT'S WEBSITE.
   6. THE COMMISSION SHALL BE PROHIBITED FROM SUBMITTING ANY REPORT WITH-
 OUT FIRST HOLDING A MAJORITY VOTE FROM THE PANEL.
   7.  THE  COMMISSIONER MAY EXTEND THE REPORTING TIME UP TO NINETY DAYS,
 IF NECESSARY.
   § 697-E. RULES AND  REGULATIONS.  THE  COMMISSIONER  SHALL  PROMULGATE
 RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS ARTICLE.
   §  697-F. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR ITS APPLI-
 CATION TO ANY PERSON OR CIRCUMSTANCE IS  HELD  INVALID,  THE  INVALIDITY
 SHALL  NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS ARTICLE WHICH
 CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO
 THIS END, THE PROVISIONS OF THIS ARTICLE ARE SEVERABLE.
   § 3. This act shall take effect immediately.