S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6397
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section  1.  This  act enacts into law major components of legislation
 necessary to implement certain provisions regarding  the  employment  of
 people  with  disabilities.  Each component is wholly contained within a
 Part identified as Parts A  through  B.  The  effective  date  for  each
 particular provision contained within such Part is set forth in the last
 section  of  such  Part. Any provision in any section contained within a
 Part, including the effective date of the Part, which makes a  reference
 to a section "of this act", when used in connection with that particular
 component,  shall  be  deemed  to  mean  and  refer to the corresponding
 section of the Part in which it is found. Section three of this act sets
 forth the general effective date of this act.
 
                                  PART A
 
   Section 1. Legislative intent.  The  legislature  finds  and  declares
 that:
   1.  More than 19 million people in the United States work in state and
 local governments, and more than 570,000 people have public sector  jobs
 in New York, including 130,000 state government employees, employed in a
 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.
                                                            LBD10281-01-3
              

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