Bill Text: NY S04930 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires that all human services contracts between any public entity and a human services provider stipulate that the public entity will pay no less than 150% of the higher of: the otherwise applicable minimum wage in the state or any otherwise applicable wage rule or order and that the necessary amounts have been appropriated to ensure payment of such minimum wage.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-03-05 - PRINT NUMBER 4930A [S04930 Detail]

Download: New_York-2023-S04930-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4930--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 17, 2023
                                       ___________

        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Labor  --  recommitted  to
          the  Committee  on  Labor  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 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:

     1    Section 1. The labor law is amended by adding a new section  224-g  to
     2  read as follows:
     3    §  224-g. Wage requirements for certain human services workers. 1. For
     4  the purposes of this section:
     5    (a) "Human services" shall mean any service provided to individuals or
     6  groups of individuals, for the purpose of improving  or  enhancing  such
     7  individuals'  health  and/or  welfare,  by  addressing  social  problems
     8  including but not limited  to:  domestic  violence,  teenage  pregnancy,
     9  migrant health problems, child abuse, nutritional deficiencies, suicide,
    10  hunger,  unemployment, lack of suitable shelter, crime, drug and alcohol
    11  abuse and poverty.
    12    (b) "Human services provider" shall mean any:  (i)  not-for-profit  or
    13  charitable  organization,  or  (ii) local agency as defined in paragraph
    14  (c) of this subdivision, that (1) contracts with  any  state  agency  or
    15  other  public entity, as defined in paragraph (e) of this subdivision to
    16  provide human services as defined in paragraph (a) of this  subdivision,
    17  or  (2)  directly  or indirectly receives any public funds to provide or
    18  contract with third persons to provide human services for the benefit of
    19  the general public or specific client groups.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04314-05-4
        S. 4930--A                          2

     1    (c) "Local agency" shall include all county, city,  town  and  village
     2  governing  bodies,  all other public corporations, special districts and
     3  school districts in the state.
     4    (d)  "State  agency"  shall  include  any department, division, board,
     5  bureau, commission, office, agency, authority or public  corporation  of
     6  the state.
     7    (e)  "Public  entity"  shall mean any local agency as defined in para-
     8  graph (c) of this subdivision and any state agency as defined  in  para-
     9  graph (d) of this subdivision.
    10    2.  Every  contract  for  human services entered into between a public
    11  entity and a human services provider, and any such contract entered into
    12  by a third party acting in place of, on behalf of and for the benefit of
    13  such public entity pursuant to any  lease,  permit  or  other  agreement
    14  between such third party and the public entity, shall stipulate that:
    15    (a) the public entity shall pay to each human services worker for each
    16  hour worked no less than one hundred fifty percent of the higher of: (i)
    17  the  otherwise  applicable minimum wage under section six hundred fifty-
    18  two of this chapter; or (ii) any otherwise applicable wage rule or order
    19  under article nineteen of this chapter; and
    20    (b) adequate funding has been appropriated to ensure  compliance  with
    21  the  minimum wage requirements set forth in paragraph (a) of this subdi-
    22  vision.
    23    § 2. This act  shall  take  effect  immediately  and  shall  apply  to
    24  contracts  and  agreements issued, renewed, modified, altered or amended
    25  on or after such date.