S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5155
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M.  of  A. SCHIMMINGER, JONES, DiPIETRO -- read once and
   referred to the Committee on Labor
 
 AN ACT directing the empire state development  corporation  to  study  a
   proposed rule of the department of labor prior to its adoption
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature recognizes  the  impor-
 tance of the administrative rulemaking of agencies of state governments.
 The  state  administrative  procedure  act  (SAPA) was enacted to ensure
 uniform and equitable  practices  to  meet  the  public  interest.  SAPA
 provides  for  a job impact analysis by an agency to evaluate the poten-
 tial impact of a proposed rule on  jobs  and  employment  opportunities.
 SAPA also requires a regulatory impact statement and a regulatory flexi-
 bility  analysis for small business, which includes a study of costs and
 economic impact.
   § 2. Notwithstanding any law, rule or regulation to the contrary,  the
 proposed  rule  contained  in  the  November  22,  2017  State  Register
 (LAB-47-17-00011-P) by the New York state  department  of  labor,  which
 would  revise the call-in pay requirements of the minimum wage order for
 miscellaneous industries and  occupations  (12  NYCRR  Part  142  at  §§
 142-2.3  and 142-3.3) shall not be filed by the department of labor with
 the secretary of state and published in the  state  register  until  not
 less than 90 days after completion of a study providing additional eval-
 uation  of the potential impact of the rule by the empire state develop-
 ment corporation as provided for in this act.
   § 3. The empire state development corporation  shall,  in  conjunction
 with  a  third party, undertake a study to provide additional evaluation
 on the additional impacts on jobs and employment opportunities, cost and
 the economic impact, particularly on small businesses, of  the  proposed
 rule  referenced  herein.  Stakeholders  impacted  by this rule shall be
 contacted to obtain information. Upon completion, such  study  shall  be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03915-01-9

 A. 5155                             2
 
 provided  to  the  department  of labor. Such study, including the addi-
 tional evaluation of the potential impacts, shall be considered a public
 comment for the purposes of article  two  of  the  state  administrative
 procedure  act and shall be analyzed and summarized in any assessment of
 public comments. The department of labor  shall  make  every  effort  to
 minimize  any  impacts determined by the empire state development corpo-
 ration.
   § 4. This act shall take effect immediately.