Bill Text: NY A06397 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishes the task force to promote the employment by state agencies of people with disabilities.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Engrossed) 2024-05-22 - REFERRED TO DISABILITIES [A06397 Detail]
Download: New_York-2023-A06397-Introduced.html
Bill Title: Establishes the task force to promote the employment by state agencies of people with disabilities.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Engrossed) 2024-05-22 - REFERRED TO DISABILITIES [A06397 Detail]
Download: New_York-2023-A06397-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6397 2023-2024 Regular Sessions IN ASSEMBLY April 6, 2023 ___________ Introduced by M. of A. BURDICK -- read once and referred to the Commit- tee on People with Disabilities AN ACT in relation to establishing the task force to promote the employ- ment by state agencies of people with disabilities; and to provide for the repeal of such provisions upon expiration thereof (Part A); and in relation to requiring the commissioner of labor, in collaboration with the commissioner of health, to create a sustainable, comprehensive strategy to accomplish various goals aimed at bringing persons with disabilities into employment (Part B) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 necessary to implement certain provisions regarding the employment of 3 people with disabilities. Each component is wholly contained within a 4 Part identified as Parts A through B. The effective date for each 5 particular provision contained within such Part is set forth in the last 6 section of such Part. Any provision in any section contained within a 7 Part, including the effective date of the Part, which makes a reference 8 to a section "of this act", when used in connection with that particular 9 component, shall be deemed to mean and refer to the corresponding 10 section of the Part in which it is found. Section three of this act sets 11 forth the general effective date of this act. 12 PART A 13 Section 1. Legislative intent. The legislature finds and declares 14 that: 15 1. More than 19 million people in the United States work in state and 16 local governments, and more than 570,000 people have public sector jobs 17 in New York, including 130,000 state government employees, employed in a 18 wide variety of jobs and occupations, including accountants, corrections EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10281-01-3A. 6397 2 1 officers, mail clerks, chaplains, social workers, doctors, lawyers, 2 teachers, and computer programmers; 3 2. People with disabilities can benefit from the experience of employ- 4 ment in state agencies, gaining skills and receiving benefits through 5 both internships and employment in the public sector and the state can 6 benefit from the contributions that they can make as state employees; 7 3. A number of states have instituted within their human resources 8 agencies policies and programs that foster the inclusion of people with 9 disabilities into state government jobs, including provisional appoint- 10 ments, alternative examination and interview processes, trial work peri- 11 ods, and special appointment lists; 12 4. As a leading employer, and as an employer providing many well paid, 13 quality jobs with ample paid time off and medical and pension benefits, 14 the state of New York can set an important example to other employers, 15 especially private sector employers, by increasing its efforts to 16 recruit and retain in employment individuals with intellectual and 17 developmental disabilities; and 18 5. It is therefore appropriate to establish a task force to promote 19 the employment by state agencies of people with disabilities for the 20 purposes of studying the problem of unemployment and underemployment 21 among individuals in New York with disabilities, reviewing existing 22 programs in this and other states, and private sector companies, to 23 recruit and retain in employment individuals with intellectual and 24 developmental disabilities, and assisting in the identification and 25 implementation of strategies to expand efforts of New York state agen- 26 cies to recruit and retain in employment individuals with disabilities, 27 including by providing guidance and support to agencies and institutions 28 of higher education. 29 § 2. 1. There is established, in the department of labor, the task 30 force to promote the employment by state agencies of people with disa- 31 bilities. The task force shall consist of 13 members, including one 32 representative each from the department of civil service, the department 33 of education, the disability employment initiative of the department of 34 labor, the state comptroller, the office for people with developmental 35 disabilities, the state rehabilitation council, the office of strategic 36 workforce development, and the office of the chief disability officer, 37 and 5 members appointed by the governor with the advice and consent of 38 the senate as follows: 2 members representing The Arc New York; a repre- 39 sentative of a community rehabilitation program, and 2 individuals who 40 have a disability. 41 2. Members of the task force shall be appointed within 90 days after 42 the effective date of this act. The appointed members of the task force 43 shall serve for terms of 3 years. Vacancies in the membership of the 44 appointed members of the task force shall be filled in the same manner 45 as the original appointments. 46 3. Members of the task force shall serve without compensation, but 47 shall be reimbursed for necessary expenses incurred in the performance 48 of their duties as members of the task force, within the limits of funds 49 appropriated or otherwise made available to the task force for its 50 purposes. 51 4. The task force shall organize as soon as possible after the 52 appointments are made and select a chairperson from among its members. 53 The task force shall meet at least quarterly, may hold meetings and 54 hearings at places and times as it designates, and may meet at any other 55 times at the call of the chairperson. No action shall be taken by theA. 6397 3 1 task force except by an affirmative vote of a majority of the voting 2 members. 3 § 3. 1. The purpose of the task force is to study the problem of unem- 4 ployment and underemployment among individuals with disabilities, review 5 relevant, available programs within the state of New York for state and 6 local government agencies to recruit, hire, and retain in employment 7 individuals with intellectual and developmental disabilities, as well as 8 similar programs in other states and private sector employers, and 9 assist in the identification and implementation of strategies to expand 10 efforts of New York state and local government agencies to recruit, 11 hire, and retain in employment individuals with disabilities. 12 2. The task force shall issue annual reports which offer a vision and 13 provide viable recommendations on how the state can increase opportu- 14 nities for employment for individuals with intellectual and develop- 15 mental disabilities by expanding efforts of New York state and local 16 government agencies to promote the employment of such individuals by 17 recruiting, hiring, and retaining them in employment, including by 18 providing guidance and support to agencies and institutions of higher 19 education. 20 3. The task force shall issue its first report to the governor and the 21 legislature not later than one year after the members of the task force 22 are appointed. Each annual report shall be made available to the public 23 by means including the posting of the report on the websites of the 24 state agencies represented on the task force. 25 § 4. This act shall take effect immediately and shall expire and be 26 deemed repealed December 31, 2030. 27 PART B 28 Section 1. Legislative intent. 1. Historically, federal programs for 29 adults with disabilities have encouraged dependency on income supports 30 and have created barriers to employment and economic self-sufficiency. 31 Even in strong economic times, adults with disabilities have had limited 32 options and faced major barriers to achieve economic self-sufficiency, 33 resulting in prolonged reliance upon public assistance programs and an 34 unacceptably high unemployment rate statewide. 35 2. Federal laws enacted during the 1990's offered significant public 36 policies and fiscal incentives designed to assist states to restructure 37 workforce development programs into integrated workforce investment 38 systems that will respond to the employment, training, and education 39 needs of its citizens. 40 3. Since 1998, employment-focused reforms for adults with disabilities 41 in the workforce have been enacted into Medicare, Medicaid, the Supple- 42 mental Security Income Program (SSI), the Social Security Disability 43 Insurance Program (SSDI), and with respect to programs administered by 44 the United States department of labor, and the United States department 45 of education. 46 4. The federal Workforce Investment Act of 1998 (WIA), (Public Law 47 105-220) redesigned major federal public employment programs, and 48 included a requirement that services for employers and employees be 49 centered in accessible, community-based one-stop centers. 50 5. The federal Ticket to Work and Work Incentives Improvement Act of 51 1999, (Public Law 106-170) increased opportunities for states to remove 52 and minimize barriers to employment for people with disabilities by 53 improving access to health care coverage available under Medicare and 54 Medicaid.A. 6397 4 1 6. Beginning February 1, 2002, the Social Security Ticket to Work and 2 Self-Sufficiency program began a state-by-state phase-in period 3 nationally, allowing SSI and SSDI beneficiaries to receive a "ticket" 4 from the Social Security Administration that can be assigned for employ- 5 ment services to a wider pool of rehabilitation, employment, or other 6 employment support service providers. 7 § 2. 1. The commissioner of labor, in collaboration with the commis- 8 sioner of health, shall make available the expertise of state employees 9 and programs to support the employment-related needs of individuals with 10 disabilities. Using existing resources, the agencies shall develop a 11 sustainable, comprehensive strategy to do all of the following: 12 a. bring adults with disabilities into gainful employment at a rate 13 that is as close as possible to that of the general adult population; 14 b. support the goals of equality of opportunity, full participation, 15 independent living, and economic self-sufficiency for these individuals; 16 c. ensure that state government is a model employer of individuals 17 with disabilities; and 18 d. support state coordination with, and participation in, benefits 19 planning training and information dissemination projects supported by 20 private foundations and federal grants. 21 2. a. The state workforce investment board shall monitor and enforce 22 implementation of Section 188 of the federal Workforce Investment Act of 23 1998 (29 U.S.C. Sec. 2938), and shall require local workforce develop- 24 ment boards to report as follows: 25 (i) By July 1, 2024, each local workforce development board shall 26 report to the state workforce investment board or its designated depart- 27 ment on the steps it has taken to ensure compliance with Section 188 of 28 the federal Workforce Investment Act of 1998 (29 U.S.C. Sec. 2938), in 29 regard to the provisions as they apply to persons with disabilities. 30 (ii) By October 31, 2024, each local workforce development board that 31 chooses to participate in the federal Ticket to Work and Self-Sufficien- 32 cy program shall report to the state workforce investment board on its 33 readiness to meet the eligibility standards to serve as an employment 34 network under the federal Ticket to Work and Self-Sufficiency program 35 (Section 1148(f), Part A, Title XI of the Social Security Act, 42 U.S.C. 36 Section 1320b-19). 37 b. The state workforce investment board shall report its findings, 38 based on the reports described in subparagraph (i) of paragraph a of 39 this subdivision to the governor and the legislature. 40 § 3. 1. a. The governor shall establish, in the state workforce 41 investment board, a governor's committee on employment of people with 42 disabilities. The committee shall include, but not be limited to: 43 (i) 4 individuals with disabilities representing disabled persons, 2 44 appointed by the governor and one each appointed by the temporary presi- 45 dent of the senate and the speaker of the assembly, each for a 3-year 46 term; 47 (ii) the commissioner of labor, the commissioner of health, the 48 commissioner of mental health, the commissioner of the office for people 49 with developmental disabilities, the commissioner of social services, 50 the director of the state education department's office of adult career 51 and continuing education services-vocational rehabilitation, the chief 52 disability officer, and the chair of the New York state independent 53 living council, inc.; 54 (iii) a representative from the state workforce investment board;A. 6397 5 1 (iv) representatives from any other department or program that may 2 have a role in increasing the capacity of state programs to support the 3 employment-related needs of individuals with disabilities; 4 (v) a representative from a local one-stop center or local workforce 5 development board, to be appointed by the governor; and 6 (vi) a business representative with experience in employing persons 7 with disabilities, to be appointed by the governor. 8 b. Members of the committee shall be appointed within 90 days after 9 the effective date of this act. The appointed members of the committee 10 shall serve for terms of 3 years. Vacancies in the membership of the 11 appointed members of the committee shall be filled in the same manner as 12 the original appointments. 13 c. The members of the governor's committee on employment of people 14 with disabilities shall select a chair from among the members and shall 15 hold open meetings no less than quarterly. 16 2. The committee shall consult with and advise the state workforce 17 investment board on all issues related to full inclusion in the work- 18 force of persons with disabilities, including development of the compre- 19 hensive strategy required by this section and the implementation of the 20 grant program established pursuant to section four of this act. 21 3. The governor's committee on employment of people with disabilities 22 shall: 23 a. coordinate and provide leadership, as necessary, with regard to 24 efforts to increase inclusion in the workforce of persons with disabili- 25 ties; 26 b. report annually to the legislature and the governor on the employ- 27 ment status of New York residents with disabilities; 28 c. provide support to the state workforce investment board and the 29 local one-stop centers in their efforts to achieve full compliance with 30 federal and state law, and shall identify the extent to which any one- 31 stop centers are not in full compliance with those laws and the reasons 32 for the lack of compliance, including the need for additional resources; 33 d. using existing funding, facilitate, promote, and coordinate colla- 34 borative dissemination of information on employment supports and bene- 35 fits, which shall include the Ticket to Work and Self-Sufficiency 36 program and health benefits, to individuals with disabilities, consumers 37 of public services, employers, service providers, and state and local 38 agency staff; and 39 e. using existing funding, receive primary administrative and staff 40 support from the department of labor. 41 § 4. 1. The governor's committee on employment of people with disabil- 42 ities, in conjunction with the department of labor and to the extent 43 that funds are available, shall make grants available to counties and 44 local workforce development boards in order to develop local strategies 45 for enhancing employment opportunities for people with disabilities, and 46 to fund comprehensive local and regional benefits planning and outreach 47 programs to assist persons with disabilities in removing barriers to 48 work. 49 2. The governor's committee on employment of people with disabilities, 50 in conjunction with the department of labor and to the extent that funds 51 are available, shall make grants available to counties and local work- 52 force development boards, through collaborative efforts of public agen- 53 cies and private organizations, including organizations that serve 54 people with disabilities, to accomplish the following purposes:A. 6397 6 1 a. to develop local strategies, including, but not limited to, regular 2 cross-agency staff training, for enhancing employment opportunities for 3 individuals with disabilities; and 4 b. to fund comprehensive local or regional benefits planning and 5 outreach programs to assist individuals with disabilities in removing 6 barriers to work. 7 § 5. 1. It is the purpose of this section to ensure that workforce 8 preparation services provided through one-stop centers, including infor- 9 mation and services provided electronically, are accessible to employers 10 and jobseekers with disabilities. It is the intent of the legislature 11 that: 12 a. one-stop centers provide appropriate services to individuals with 13 disabilities to enhance their employability; and 14 b. in order to achieve the goals specified in this section, local 15 workforce development boards plan for and report on services to employ- 16 ers and jobseekers with disabilities, including the implementation of 17 the federal Ticket to Work and Self-Sufficiency program for those local 18 workforce development boards and one-stop centers that choose to imple- 19 ment the Ticket to Work program in their local workforce development 20 board areas. 21 2. To the extent not already available, each local workforce develop- 22 ment board shall establish at least one comprehensive one-stop career 23 center in each local workforce development area. These one-stop centers 24 shall ensure access to services pursuant to Section 134(d) of the feder- 25 al Workforce Investment Act of 1998 (29 U.S.C. Sec. 2864(d)), including 26 services for persons with disabilities, including, but not limited to, 27 the following: 28 a. outreach, intake, and orientation; 29 b. initial assessments of skills, aptitudes, abilities, and need for 30 support services; 31 c. program eligibility determinations; 32 d. information on the local, regional, and national labor market; 33 e. information on filing for unemployment insurance; 34 f. access to intensive services as needed, including, but not limited 35 to, comprehensive and specialized assessments of skill levels and 36 service needs, development of individual employment plans, group coun- 37 seling, individual counseling and career planning, case management for 38 participants seeking training services under paragraph g of this subdi- 39 vision and short-term prevocational services, such as learning, communi- 40 cation, interview, and other jobseeking and work-related skills to help 41 prepare individuals for unsubsidized employment and training; and 42 g. training services, including, but not limited to, occupational 43 skills training, on-the-job training, workplace training and cooperative 44 education programs, private sector training programs, skills upgrade and 45 retraining, entrepreneurial training, job readiness training, adult 46 education, and literacy activities combined with training, and custom- 47 ized training. 48 3. Each local workforce development board shall schedule and conduct 49 regular performance reviews of their one-stop centers to determine 50 whether the centers and providers are providing effective and meaningful 51 opportunities for persons with disabilities to participate in the 52 programs and activities of the centers and providers. 53 4. One-stop center counselor staff shall provide accurate information 54 to beneficiaries of Supplemental Security Income and the state Supple- 55 mental Program and Social Security Disability Insurance on the impli- 56 cations of work for these individuals. The information shall include,A. 6397 7 1 but not be limited to, referrals to appropriate benefit's planners. 2 One-stop center counselor staff shall also provide accurate information 3 to individuals with disabilities on how they may gain access to Medicaid 4 benefits. 5 5. In order to ensure that one-stop career centers operated by local 6 workforce development boards meet the needs of employers and jobseekers 7 with disabilities, the governor shall ensure that evaluations conducted 8 pursuant to Sections 134 (a)(2)(B)(ii) and (v) of the federal Workforce 9 Investment Act of 1998 (29 U.S.C. Sec. 2864 (a)(2)(B)(ii) and (v)), 10 address how local one-stop centers provide the following: 11 a. full access to workforce development services for their disabled 12 community; 13 b. assistive technology to ensure access to services; 14 c. staff training on assessment and service strategies for employers 15 and jobseekers with disabilities; 16 d. representation of the disability community in program planning and 17 service delivery; and 18 e. the development of regional employment networks to participate in 19 the federal Ticket to Work and Self-Sufficiency program and the role of 20 the local board and one-stop centers in the Ticket to Work and Self-Suf- 21 ficiency program. 22 6. The state workforce investment board shall report to the governor 23 and the legislature by September 30, 2024, on the status of one-stop 24 services to individuals with disabilities and implementation of the 25 federal Ticket to Work and Self-Sufficiency program in New York. 26 7. If permitted by federal law, the state workforce investment board 27 and local workforce development boards shall include persons with disa- 28 bilities or their representatives on such boards, with a particular 29 effort to include such persons who are not employees of state or local 30 government. 31 § 6. This act shall take effect on the one hundred eightieth day after 32 it shall have become a law. Effective immediately, the addition, amend- 33 ment and/or repeal of any rule or regulation necessary for the implemen- 34 tation of this act on its effective date are authorized to be made and 35 completed on or before such effective date. 36 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 37 sion, section or part of this act shall be adjudged by any court of 38 competent jurisdiction to be invalid, such judgment shall not affect, 39 impair, or invalidate the remainder thereof, but shall be confined in 40 its operation to the clause, sentence, paragraph, subdivision, section 41 or part thereof directly involved in the controversy in which such judg- 42 ment shall have been rendered. It is hereby declared to be the intent of 43 the legislature that this act would have been enacted even if such 44 invalid provisions had not been included herein. 45 § 3. This act shall take effect immediately; provided, however, that 46 the applicable effective date of Parts A through B of this act shall be 47 as specifically set forth in the last section of such Parts.
