Bill Text: NY S09384 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Requires state employees attend annual implicit bias training and the governor, lieutenant governor, attorney general, comptroller, and members of the legislature attend annual management training.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-14 - REFERRED TO LABOR [S09384 Detail]

Download: New_York-2023-S09384-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          9384

                    IN SENATE

                                      May 14, 2024
                                       ___________

        Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Labor

        AN ACT to amend the labor law and the legislative law,  in  relation  to
          requiring  state  employees  attend  annual implicit bias training and
          certain public officials attend annual management training

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  labor law is amended by adding a new section 27-e to
     2  read as follows:
     3    § 27-e.  Annual  implicit  bias  training.  1.  Definitions.  For  the
     4  purposes of this section:
     5    a. "Employer" means: (1) the state; (2) a political subdivision of the
     6  state;  (3)  a  public  authority,  a public benefit corporation, or any
     7  other governmental agency or instrumentality thereof; (4) an  authorized
     8  agency  as  defined in paragraph (a) of subdivision ten of section three
     9  hundred seventy-one of the social services  law  that  accepts  children
    10  adjudicated  delinquent under article three of the family court act; and
    11  (5) members of the legislature.
    12    b. "Employee" means a public employee working for an employer.
    13    c. "Implicit bias training" means a training program designed to  help
    14  individuals  become  aware  of their implicit biases and equip them with
    15  tools and strategies to act objectively, limiting the influence of their
    16  implicit biases.
    17    2. Employee information and training.  Every  employer  shall  conduct
    18  implicit  bias  training to its employees. A copy of such training shall
    19  be filed with the department.
    20    § 2. Paragraphs i, k and l of subdivision  7  of  section  80  of  the
    21  legislative  law,  paragraph  i as amended by chapter 841 of the laws of
    22  2022 and paragraphs k and l as amended by section 4 of part QQ of  chap-
    23  ter  56  of the laws of 2022, are amended and a new paragraph m is added
    24  to read as follows:
    25    i. Upon written request from any person who is subject to  the  juris-
    26  diction  of  the  commission  and  the requirements of sections seventy-
    27  three, seventy-three-a and seventy-four of the public officers law,  and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13967-02-4
        S. 9384                             2

     1  section  five-b  of  this chapter render formal advisory opinions on the
     2  requirements of said provisions. A formal written  opinion  rendered  by
     3  the commission, until and unless amended or revoked, shall be binding on
     4  the  legislative ethics commission in any subsequent proceeding concern-
     5  ing the person who requested the opinion and who acted  in  good  faith,
     6  unless  material  facts  were  omitted or misstated by the person in the
     7  request for an opinion. Such opinion may also be  relied  upon  by  such
     8  person,  and may be introduced and shall be a defense in any criminal or
     9  civil action. The commission on ethics and lobbying in government  shall
    10  not investigate an individual for potential violations of law based upon
    11  conduct  approved and covered in its entirety by such an opinion, except
    12  that such opinion shall not prevent or preclude an investigation of  and
    13  report  to  the  legislative ethics commission concerning the conduct of
    14  the person who obtained it by the commission on ethics and  lobbying  in
    15  government  for  violations of section seventy-three, seventy-three-a or
    16  seventy-four of the public officers law and section [5-b] five-b of this
    17  chapter to determine whether the person accurately and fully represented
    18  to the legislative ethics commission the facts relevant  to  the  formal
    19  advisory  opinion  and  whether  the person's conduct conformed to those
    20  factual representations.  The  commission  on  ethics  and  lobbying  in
    21  government  shall  be authorized and shall have jurisdiction to investi-
    22  gate potential violations of the law arising from conduct outside of the
    23  scope of the terms of the advisory opinion; [and]
    24    k. Develop educational materials and training with regard to  legisla-
    25  tive  ethics  for  members  of the legislature and legislative employees
    26  including an online ethics orientation course for newly-hired  employees
    27  and,  as requested by the senate or the assembly, materials and training
    28  in relation to a comprehensive ethics training program; [and]
    29    l. Prepare an annual report to the governor and legislature  summariz-
    30  ing the activities of the commission during the previous year and recom-
    31  mending any changes in the laws governing the conduct of persons subject
    32  to  the  jurisdiction  of  the commission, or the rules, regulations and
    33  procedures  governing  the  commission's  conduct.  Such  report   shall
    34  include:  (i)  a listing by assigned number of each complaint and report
    35  received from the commission on ethics and lobbying in government  which
    36  alleged  a  possible  violation  within  its jurisdiction, including the
    37  current status of each complaint, and  (ii)  where  a  matter  has  been
    38  resolved,  the  date  and  nature  of  the  disposition and any sanction
    39  imposed, subject to the confidentiality requirements  of  this  section.
    40  Such  annual  report shall not contain any information for which disclo-
    41  sure is not permitted pursuant to subdivision twelve of this section[.];
    42  and
    43    m. Provide mandatory annual  management  training  for  the  governor,
    44  lieutenant governor, attorney general, comptroller, members of the state
    45  legislature,  and  legislative employees which shall include, but not be
    46  limited to, diversity training. Such program shall also be available  to
    47  any  employees  of  such elected officials, executive employees, and any
    48  other employee of the state.
    49    § 3. This act shall take effect on the first of January next  succeed-
    50  ing the date on which it shall have become a law. Effective immediately,
    51  the  addition,  amendment and/or repeal of any rule or regulation neces-
    52  sary for the implementation of  this  act  on  its  effective  date  are
    53  authorized to be made and completed on or before such effective date.