Bill Text: NY A08111 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes the customized employment demonstration program whereby certain positions are divided into sub-positions by the civil service commission to provide for employment of persons with developmental disabilities who are able to perform a portion of the duties of such position.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-05-10 - print number 8111a [A08111 Detail]

Download: New_York-2015-A08111-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8111
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 9, 2015
                                      ___________
       Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
         Committee on Governmental Employees
       AN ACT to amend the civil service law, in  relation  to  establishing  a
         customized employment demonstration program for persons with disabili-
         ties;  and providing for the repeal of such provisions upon expiration
         thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 55-b of the civil service law is amended by adding
    2  a new subdivision 3 to read as follows:
    3    3. (A) NOTWITHSTANDING ANY PROVISION OF SUBDIVISIONS ONE  AND  TWO  OF
    4  THIS  SECTION,  THE  COMMISSION  SHALL ESTABLISH A CUSTOMIZED EMPLOYMENT
    5  DEMONSTRATION PROGRAM, OF NOT MORE THAN FIFTEEN POSITIONS,  THAT  SUBDI-
    6  VIDES TRADITIONAL POSITIONS OF EMPLOYMENT INTO TWO OR MORE SUB-POSITIONS
    7  FOR  THE  PURPOSE  OF EMPLOYING PERSONS WITH DEVELOPMENTAL DISABILITIES.
    8  SUCH PERSONS APPOINTED TO FILL SUB-POSITIONS SHALL BE LIMITED  TO  THOSE
    9  INDIVIDUALS,  WHO  BECAUSE  OF  PHYSICAL  AND/OR  MENTAL DISABILITY, ARE
   10  UNABLE TO PERFORM ALL THE DUTIES  OF  THE  POSITION,  BUT  ARE  ABLE  TO
   11  PERFORM  A  PORTION OF SUCH DUTIES, AND WHO WOULD OTHERWISE NOT QUALIFY,
   12  BECAUSE OF THE SEVERITY OF THEIR DISABILITY, FOR A  POSITION  DESIGNATED
   13  PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   14    (B)  SUCH  PERSONS, AS DETERMINED BY THE PRESIDENT, SHALL BE APPOINTED
   15  AS TEMPORARY EMPLOYEES TO FILL  SUB-POSITIONS.  SUB-POSITIONS  SHALL  BE
   16  CUSTOMIZED  TO  THE STRENGTHS AND INTERESTS OF THE JOB CANDIDATE AND THE
   17  IDENTIFIED NEEDS OF THE EMPLOYER, WHICH MAY INCLUDE THE PROCESS OF  TASK
   18  REASSIGNMENT,  JOB CARVING AND JOB SHARING. NO PERSON HOLDING A POSITION
   19  PURSUANT TO THIS CHAPTER SHALL BE TERMINATED FOR THE PURPOSES OF  ESTAB-
   20  LISHING  OR FILLING A SUB-POSITION ESTABLISHED PURSUANT TO THIS SUBDIVI-
   21  SION. SUB-POSITIONS MAY BE EITHER  PART-TIME  OR  FULL-TIME  EMPLOYMENT.
   22  COMPENSATION  FOR THE SUB-POSITIONS SHALL BE SET AT THE MINIMUM WAGE, AS
   23  ESTABLISHED PURSUANT TO SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR  LAW.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10482-02-5
       A. 8111                             2
    1  SUCH COMPENSATION SHALL NOT INCLUDE HEALTH BENEFITS, PENSION BENEFITS OR
    2  ANY  OTHER  ADDITIONAL BENEFITS. ALL SUCH SUB-POSITIONS SHALL BE CLASSI-
    3  FIED IN THE NON-COMPETITIVE CLASS.
    4    (C)  THE  PROGRAM  ESTABLISHED  PURSUANT  TO  THIS  SUBDIVISION  SHALL
    5  COMMENCE ON JULY FIRST, TWO THOUSAND SIXTEEN. THE  PRESIDENT  SHALL,  IN
    6  CONSULTATION WITH THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES AND THE
    7  COMMISSIONER  OF  MENTAL HEALTH, EXAMINE AND EVALUATE THE IMPLEMENTATION
    8  AND EFFECTS OF THIS SECTION, AND SHALL  ISSUE  TO  THE  LEGISLATURE,  AN
    9  INTERIM  REPORT,  ON OR BEFORE JULY FIRST, TWO THOUSAND SEVENTEEN, AND A
   10  FINAL REPORT, ON OR BEFORE JULY FIRST, TWO  THOUSAND  EIGHTEEN,  OF  ITS
   11  FINDINGS,   CONCLUSIONS   AND  RECOMMENDATIONS,  INCLUDING  WHETHER  THE
   12  PROVISIONS OF THIS SUBDIVISION SHOULD BE CONTINUED ON A PERMANENT  BASIS
   13  AND,  IF  SO,  RECOMMENDATIONS  FOR  THE  IMPLEMENTATION  OF A PERMANENT
   14  CUSTOMIZED EMPLOYMENT PROGRAM.
   15    S 2. This act shall take effect immediately and shall  expire  and  be
   16  deemed repealed January 1, 2019.