NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7721
SPONSOR: Peoples-Stokes
 
TITLE OF BILL: An act to amend the labor law, in relation to the
definition of employer with respect to the duty of public employers to
develop and implement programs to prevent workplace violence
 
PURPOSE:
To ensure employee safety through the development and implementation of
workplace violence prevention programs for not-for-profit corporations
who have received at least fifty percent of their budget through a
municipal, state or federal government sources.
 
SUMMARY OF PROVISIONS:
Section one amends paragraph (a) of subdivision 2 of section 27-b of the
labor law, as added by Chapter 82 of the laws of 2006. Adds to the defi-
nition of employer: a not-for-profit corporation, as defined in para-
graph (a) of section 102 of the not-for-profit corporation law, who
received at least fifty percent of their budget from the state or feder-
al government.
Section two sets the enacting date of one year after it shall have
become law.
 
JUSTIFICATION:
Acts of violence have become an increasing concern in the modern work-
place. This bill would assist both employers and employees in ensuring a
safe work environment. Workplace violence is now one of the leading
causes of death on the job in the United States and the leading cause of
workplace fatalities for women. In addition, this legislation contains
changes that address the technical concerns that were raised in the 2007
veto message.
 
LEGISLATIVE HISTORY:
This is a new bill. Similar legislation has been introduced as A.7765
(2013-14);S.5880/A.6436 (2007 - vetoed).
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
One Year after enactment.
STATE OF NEW YORK
________________________________________________________________________
7721
2015-2016 Regular Sessions
IN ASSEMBLY
May 26, 2015
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Labor
AN ACT to amend the labor law, in relation to the definition of employer
with respect to the duty of public employers to develop and implement
programs to prevent workplace violence
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs a and b of subdivision 2 of section 27-b of the
2 labor law, paragraph a as amended by chapter 504 of the laws of 2011 and
3 paragraph b as added by chapter 82 of the laws of 2006, are amended to
4 read as follows:
5 a. "Employer" means: (1) the state; (2) a political subdivision of the
6 state, provided, however that this subdivision shall not mean any
7 employer as defined in section twenty-eight hundred one-a of the educa-
8 tion law; (3) a public authority, a public benefit corporation, or any
9 other governmental agency or instrumentality thereof; [and] (4) an
10 authorized agency as defined in paragraph (a) of subdivision ten of
11 section three hundred seventy-one of the social services law that
12 accepts children adjudicated delinquent under article three of the fami-
13 ly court act; and (5) a not-for-profit corporation, as defined in para-
14 graph (a) of section one hundred two of the not-for-profit corporation
15 law, which received at least fifty percent of its budget through munici-
16 pal, state or federal government sources, including, but not limited to,
17 Medicaid or medicare, during its preceding fiscal year.
18 b. "Employee" means [a public] an employee working for an employer as
19 defined in paragraph a of this subdivision.
20 § 2. This act shall take effect one year after it shall have become a
21 law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10811-02-5