NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7841
SPONSOR: Lavine TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY ratifying the proposed
amendment to the Constitution of the United States relating to the labor
of persons under eighteen years of age
PURPOSE:
Relates to ratifying the proposed amendment to the Constitution of the
United States relating to the labor of persons under eighteen years of
age.
SUMMARY OF PROVISIONS:
Section 1: Relates to ratifying the proposed amendment to the Constitu-
tion of the United States relating to Congress having the authority to
regulate, restrict, or prohibit labor by individuals under 18 years old.
Section 2: Relates to ratifying the proposed amendment to the Constitu-
tion of the United States, which would allow states to retain their
authority. Still, their laws would be suspended as needed to enforce
federal legislation enacted by Congress.
Section 3: Sets Effective Date
JUSTIFICATION:
The Child Labor Amendment was submitted to the states by Congress in
1924 for ratification as a part of the federal Constitution, which has
been pending ever since. Currently, 28 states have ratified this amend-
ment, and 15 have rejected it and have not subsequently ratified it. New
York is one of five states with no record of taking action on this
amendment. While the Fair Labor Standards Act of 1938 went on to cover
the issues in the Child Labor Amendment, ratification of the amendment
will put New York on the right side of history.
LEGISLATIVE HISTORY:
2017: No Senate Same-As
2018: No Senate Same-As, A10107, To Attorney General for Opinion
2019: S1661, To Attorney General for Opinion, A6245, To Attorney General
for Opinion
2020: S1661, Referred to Judiciary, A6245, Referred to Judiciary
2021: S4858, Referred to Judiciary, A1959, Referred to judiciary
2022: S4858, To Attorney General for Opinion, A1959, To attorney-general
for opinion
2023: S5196, To Attorney General for Opinion, No Assembly Same-As
2024: S5196, To Attorney General for Opinion, No Assembly Same-As
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
RESOLVED That the Secretary of State be requested to transmit a certi-
fied copy of this concurrent resolution to the Administrator of General
Services of the United States of America.
STATE OF NEW YORK
________________________________________________________________________
7841
2025-2026 Regular Sessions
IN ASSEMBLY
April 11, 2025
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
ratifying the proposed amendment to the Constitution of the United
States relating to the labor of persons under eighteen years of age
1 WHEREAS, at the first session of the sixty-eighth Congress it was
2 resolved by the Senate and House of Representatives of the United States
3 of America in Congress Assembled (two-thirds of each house concurring
4 therein), that the following article be proposed as an amendment to the
5 Constitution of the United States, which shall be valid to all intents
6 and purposes as a part of the said Constitution when ratified by the
7 Legislatures of three-fourths of the several states, viz.:
8 ARTICLE
9 Section 1. The Congress shall have the power to limit, regulate, and
10 prohibit the labor of persons under eighteen years of age.
11 Section 2. The power of the several States is unimpaired by this arti-
12 cle except that the operation of State laws shall be suspended to the
13 extent necessary to give effect to legislation enacted by the Congress.
14 Now, therefore, be it
15 RESOLVED, That the legislature of the State of New York does hereby
16 ratify the above recited proposed amendment to the Constitution of the
17 United States; and be it further,
18 RESOLVED, That the Secretary of State be requested to transmit a
19 certified copy of this concurrent resolution to the Administrator of
20 General Services of the United States of America.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89091-01-5
