NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A775
SPONSOR: Joyner
 
TITLE OF BILL:
An act to amend the labor law, in relation to the definition of employer
and 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 govern-
ment sources.
 
SUMMARY OF PROVISIONS:
Section 1: Amends paragraph (a) of subdivision 2 of section 27-b of the
labor law, as added by Chapter 82 of the laws of 2006
Section 2: Adds to the definition of employer: a not-for-profit corpo-
ration, as defined in paragraph (a) of section 102 of the not-for-profit
corporation law, who received at least fifty percent of their budget
through government sources.
 
JUSTIFICATION:
The incidence of violence against government employees has become a
growing concern in recent years and is more than 85 percent higher than
that of private sector employees, according to a U.S. Department of
Justice report entitled "Workplace Violence Against Government Employ-
ees, 1994 - 2011" released in April 2013. Recognizing the need to ensure
that workplaces are free of violence this bill would assist both employ-
ers and employees in ensuring a safe work environment by building upon
the New York State Workplace Violence Prevention Law enacted on June
7,2006. That previously enacted legislation created
Section 27-b of the State Labor Law requiring most public employers to
perform a workplace evaluation and develop and implement programs to
prevent and minimize workplace violence. This legislation broadens the
application of those same successful programs to non-profit organiza-
tions receiving at least 50 percent of their budget from governmental
sources.
 
LEGISLATIVE HISTORY:-:
Assembly:
03/01/21referred to labor
01/05/22referred to labor
01/22/19 Referred to Labor,
01/03/18 Referred to Labor,
01/30/17 Referred to Labor,
01/06/16 Referred to Labor,
05/26/16 Referred to Labor,
01/08/14 Referred to Labor,
06/04/13 Referred to Labor
Senate:
03/11/19 Referred to Labor
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This Act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
775
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. JOYNER -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to the definition of employer
and 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. Paragraph a of subdivision 2 of section 27-b of the labor
2 law, as amended by chapter 504 of the laws of 2011, is amended to read
3 as follows:
4 a. "Employer" means: (1) the state; (2) a political subdivision of the
5 state, provided, however that this subdivision shall not mean any
6 employer as defined in section twenty-eight hundred one-a of the educa-
7 tion law; (3) a public authority, a public benefit corporation, or any
8 other governmental agency or instrumentality thereof; [and] (4) an
9 authorized agency as defined in paragraph (a) of subdivision ten of
10 section three hundred seventy-one of the social services law that
11 accepts children adjudicated delinquent under article three of the fami-
12 ly court act; and (5) a not-for-profit corporation, as defined in para-
13 graph (a) of section one hundred two of the not-for-profit corporation
14 law, who received at least fifty percent of their budget through govern-
15 ment sources.
16 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02338-01-3