S T A T E O F N E W Y O R K ________________________________________________________________________ 6095 I N S E N A T E (PREFILED) January 4, 2012 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, the mental hygiene law and the economic development law, in relation to providing alternatives to sheltered workshops for employment of people with disabilities using social entrepreneurial business models, and providing for the state- wide replication of the successful self-employment model of "Inclusive Entrepreneurship" developed through StartUP NY as authorized by the United States department of labor office of disability employment policy THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph (1) of subdivision 1 of section 703 of the execu- 2 tive law, as added by chapter 551 of the laws of 2002, is amended and a 3 new paragraph (m) is added to read as follows: 4 (l) an examination of how the overall system of health and long term 5 care can best be managed so that placement in the most integrated 6 setting becomes the norm[.]; AND 7 (M) AN EXAMINATION OF PROGRAMS AND METHODS NEEDED TO EFFECTIVELY 8 DEPLOY STATE AND COMMUNITY RESOURCES TO HELP INDIVIDUALS WITH DISABILI- 9 TIES, INCLUDING THOSE WHO ARE CURRENTLY IN SHELTERED WORK, OBTAIN 10 COMPETITIVE JOBS OR BECOME SELF-EMPLOYED VIA AN INCLUSIVE ENTREPRENEUR- 11 SHIP MODEL OF INTEGRATED SKILLS TRAINING, ASSESSMENT, AND ACCESS TO 12 NECESSARY CAPITAL, EMPLOYMENT, PROFESSIONAL, AND OTHER BUSINESS DEVELOP- 13 MENT RESOURCES. 14 S 2. Section 41.39 of the mental hygiene law is amended by adding a 15 new subdivision (c) to read as follows: 16 (C) THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA- 17 BILITIES, IN COOPERATION WITH THE COMMISSIONER OF THE OFFICE OF MENTAL 18 HEALTH AND THE SECRETARY OF STATE SHALL DEVELOP AND IMPLEMENT A PILOT 19 PROJECT UNDER WHICH SHELTERED WORKSHOPS AND INTEGRATED EMPLOYMENT OPPOR- 20 TUNITIES, INCLUDING SUPPORTED EMPLOYMENT, MAY DEVELOP OPPORTUNITIES FOR 21 ADDITIONAL WORK OR INCLUSIVE ENTREPRENEURSHIP FOR INDIVIDUALS THEY SERVE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13288-01-1 S. 6095 2 1 BY TRANSITIONING TO, OR DEVELOPING COLLABORATIONS WITH, BUSINESS ENTI- 2 TIES REGISTERED IN THIS STATE OR IN OTHER STATES, INCLUDING LOW-PROFIT 3 LIMITED LIABILITY COMPANIES, NOT-FOR-PROFIT LIMITED LIABILITY COMPANIES, 4 BENEFIT CORPORATIONS AS DEFINED IN THE BUSINESS CORPORATION LAW, AND 5 OTHERS AS THE SECRETARY OF STATE SHALL DETERMINE. THE PURPOSE OF THE 6 PILOT PROGRAM SHALL BE TO EXPLORE THE DEVELOPMENT OF MORE COMPETITIVE, 7 ENTREPRENEURIAL MODELS THAT CAN ACHIEVE BOTH SOCIAL PURPOSE AND REHABI- 8 LITATIVE GOALS AND WHICH CAN SUCCESSFULLY OPERATE AS BUSINESSES IN THE 9 MARKETPLACE AND PAY COMPETITIVE WAGES. IN DEVELOPING AND IMPLEMENTING 10 THE PILOT PROGRAM THE COMMISSIONERS MAY APPOINT AN ADVISORY COMMITTEE OF 11 NOT MORE THAN FIFTEEN INDIVIDUALS SKILLED IN ENTREPRENEURSHIP, ENTITY 12 FORMATION, AND THE NEEDS OF INDIVIDUALS WITH MENTAL DISABILITIES. 13 MEMBERS OF SUCH ADVISORY COMMITTEE SHALL NOT BE PAID FOR THEIR SERVICE, 14 BUT MAY BE REIMBURSED FOR EXPENSES DIRECTLY RELATED TO SERVICE TO SUCH 15 ADVISORY COMMITTEE. 16 S 3. Paragraph (a) of subdivision 2 of section 212 of the economic 17 development law, as amended by chapter 301 of the laws of 1996, is 18 amended to read as follows: 19 (a) require that each support center program provide at least sixty 20 hours of classroom instruction and at least thirty hours of one-to-one 21 counseling for each participant and that each program be supplemented by 22 ongoing technical assistance for business development for those who have 23 completed the program, AND, FOR PERSONS WITH DISABILITIES, IMPLEMENTA- 24 TION OF THE SELF-EMPLOYMENT MODEL OF "INCLUSIVE ENTREPRENEURSHIP"; 25 S 4. This act shall take effect immediately; provided, however that 26 sections one and two of this act shall take effect on the one hundred 27 twentieth day after it shall have become a law; and provided further 28 that section three of this act shall apply to corresponding programs 29 awarded granted or contracts for state fiscal years beginning on or 30 after April 1, 2012.