S T A T E   O F   N E W   Y O R K
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                                 8111--A

                       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 -- recommitted to the Committee on
  Governmental Employees in accordance with Assembly Rule 3, sec. 2

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:

  Section  1. Section 55-b of the civil service law is amended by adding
a new subdivision 3 to read as follows:
  3. (A) NOTWITHSTANDING ANY PROVISION OF SUBDIVISIONS ONE  AND  TWO  OF
THIS  SECTION,  THE  COMMISSION  SHALL ESTABLISH A CUSTOMIZED EMPLOYMENT
DEMONSTRATION PROGRAM, OF NOT MORE THAN FIFTEEN POSITIONS,  THAT  SUBDI-
VIDES TRADITIONAL POSITIONS OF EMPLOYMENT INTO TWO OR MORE SUB-POSITIONS
FOR  THE  PURPOSE  OF EMPLOYING PERSONS WITH DEVELOPMENTAL DISABILITIES.
SUCH PERSONS APPOINTED TO FILL SUB-POSITIONS SHALL BE LIMITED  TO  THOSE
INDIVIDUALS,  WHO  BECAUSE  OF  PHYSICAL  AND/OR  MENTAL DISABILITY, ARE
UNABLE TO PERFORM ALL THE DUTIES  OF  THE  POSITION,  BUT  ARE  ABLE  TO
PERFORM  A  PORTION OF SUCH DUTIES, AND WHO WOULD OTHERWISE NOT QUALIFY,
BECAUSE OF THE SEVERITY OF THEIR DISABILITY, FOR A  POSITION  DESIGNATED
PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
  (B)  SUCH  PERSONS, AS DETERMINED BY THE PRESIDENT, SHALL BE APPOINTED
AS TEMPORARY EMPLOYEES TO FILL  SUB-POSITIONS.  SUB-POSITIONS  SHALL  BE
CUSTOMIZED  TO  THE STRENGTHS AND INTERESTS OF THE JOB CANDIDATE AND THE
IDENTIFIED NEEDS OF THE EMPLOYER, WHICH MAY INCLUDE THE PROCESS OF  TASK
REASSIGNMENT,  JOB CARVING AND JOB SHARING. NO PERSON HOLDING A POSITION
PURSUANT TO THIS CHAPTER SHALL BE TERMINATED FOR THE PURPOSES OF  ESTAB-
LISHING  OR FILLING A SUB-POSITION ESTABLISHED PURSUANT TO THIS SUBDIVI-
SION. SUB-POSITIONS MAY BE EITHER  PART-TIME  OR  FULL-TIME  EMPLOYMENT.
COMPENSATION  FOR THE SUB-POSITIONS SHALL BE SET AT THE MINIMUM WAGE, AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10482-04-6
              

A. 8111--A                          2

ESTABLISHED PURSUANT TO SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR  LAW.
SUCH COMPENSATION SHALL NOT INCLUDE HEALTH BENEFITS, PENSION BENEFITS OR
ANY  OTHER  ADDITIONAL BENEFITS. ALL SUCH SUB-POSITIONS SHALL BE CLASSI-
FIED IN THE NON-COMPETITIVE CLASS.
  (C)  THE  PROGRAM  ESTABLISHED  PURSUANT  TO  THIS  SUBDIVISION  SHALL
COMMENCE ON JULY FIRST, TWO THOUSAND SEVENTEEN. THE PRESIDENT SHALL,  IN
CONSULTATION WITH THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES AND THE
COMMISSIONER  OF  MENTAL HEALTH, EXAMINE AND EVALUATE THE IMPLEMENTATION
AND EFFECTS OF THIS SECTION, AND SHALL  ISSUE  TO  THE  LEGISLATURE,  AN
INTERIM  REPORT,  ON  OR BEFORE JULY FIRST, TWO THOUSAND EIGHTEEN, AND A
FINAL REPORT, ON OR BEFORE JULY FIRST, TWO  THOUSAND  NINETEEN,  OF  ITS
FINDINGS,   CONCLUSIONS   AND  RECOMMENDATIONS,  INCLUDING  WHETHER  THE
PROVISIONS OF THIS SUBDIVISION SHOULD BE CONTINUED ON A PERMANENT  BASIS
AND,  IF  SO,  RECOMMENDATIONS  FOR  THE  IMPLEMENTATION  OF A PERMANENT
CUSTOMIZED EMPLOYMENT PROGRAM.
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed January 1, 2020.