S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9333
 
                           I N  A S S E M B L Y
 
                             February 29, 2024
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee 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:
 
   Section  1.  The  labor law is amended by adding a new section 27-e to
 read as follows:
   § 27-E.  ANNUAL  IMPLICIT  BIAS  TRAINING.  1.  DEFINITIONS.  FOR  THE
 PURPOSES OF THIS SECTION:
   A. "EMPLOYER" MEANS: (1) THE STATE; (2) A POLITICAL SUBDIVISION OF THE
 STATE;  (3)  A  PUBLIC  AUTHORITY,  A PUBLIC BENEFIT CORPORATION, OR ANY
 OTHER GOVERNMENTAL AGENCY OR INSTRUMENTALITY THEREOF; (4) AN  AUTHORIZED
 AGENCY  AS  DEFINED IN PARAGRAPH (A) OF SUBDIVISION TEN OF SECTION THREE
 HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES  LAW  THAT  ACCEPTS  CHILDREN
 ADJUDICATED  DELINQUENT UNDER ARTICLE THREE OF THE FAMILY COURT ACT; AND
 (5) MEMBERS OF THE LEGISLATURE.
   B. "EMPLOYEE" MEANS A PUBLIC EMPLOYEE WORKING FOR AN EMPLOYER.
   C. "IMPLICIT BIAS TRAINING" MEANS A TRAINING PROGRAM DESIGNED TO  HELP
 INDIVIDUALS  BECOME  AWARE  OF THEIR IMPLICIT BIASES AND EQUIP THEM WITH
 TOOLS AND STRATEGIES TO ACT OBJECTIVELY, LIMITING THE INFLUENCE OF THEIR
 IMPLICIT BIASES.
   2. EMPLOYEE INFORMATION AND TRAINING.  EVERY  EMPLOYER  SHALL  CONDUCT
 IMPLICIT  BIAS  TRAINING TO ITS EMPLOYEES. A COPY OF SUCH TRAINING SHALL
 BE FILED WITH THE DEPARTMENT.
   § 2. Paragraphs i, k and l of subdivision  7  of  section  80  of  the
 legislative  law,  paragraph  i as amended by chapter 841 of the laws of
 2022 and paragraphs k and l as amended by section 4 of part QQ of  chap-
 ter  56  of the laws of 2022, are amended and a new paragraph m is added
 to read as follows:
   i. Upon written request from any person who is subject to  the  juris-
 diction  of  the  commission  and  the requirements of sections seventy-
 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
 A. 9333                             2
 
 section  five-b  of  this chapter render formal advisory opinions on the
 requirements of said provisions. A formal written  opinion  rendered  by
 the commission, until and unless amended or revoked, shall be binding on
 the  legislative ethics commission in any subsequent proceeding concern-
 ing the person who requested the opinion and who acted  in  good  faith,
 unless  material  facts  were  omitted or misstated by the person in the
 request for an opinion. Such opinion may also be  relied  upon  by  such
 person,  and may be introduced and shall be a defense in any criminal or
 civil action. The commission on ethics and lobbying in government  shall
 not investigate an individual for potential violations of law based upon
 conduct  approved and covered in its entirety by such an opinion, except
 that such opinion shall not prevent or preclude an investigation of  and
 report  to  the  legislative ethics commission concerning the conduct of
 the person who obtained it by the commission on ethics and  lobbying  in
 government  for  violations of section seventy-three, seventy-three-a or
 seventy-four of the public officers law and section [5-b] FIVE-B of this
 chapter to determine whether the person accurately and fully represented
 to the legislative ethics commission the facts relevant  to  the  formal
 advisory  opinion  and  whether  the person's conduct conformed to those
 factual representations.  The  commission  on  ethics  and  lobbying  in
 government  shall  be authorized and shall have jurisdiction to investi-
 gate potential violations of the law arising from conduct outside of the
 scope of the terms of the advisory opinion; [and]
   k. Develop educational materials and training with regard to  legisla-
 tive  ethics  for  members  of the legislature and legislative employees
 including an online ethics orientation course for newly-hired  employees
 and,  as requested by the senate or the assembly, materials and training
 in relation to a comprehensive ethics training program; [and]
   l. Prepare an annual report to the governor and legislature  summariz-
 ing the activities of the commission during the previous year and recom-
 mending any changes in the laws governing the conduct of persons subject
 to  the  jurisdiction  of  the commission, or the rules, regulations and
 procedures  governing  the  commission's  conduct.  Such  report   shall
 include:  (i)  a listing by assigned number of each complaint and report
 received from the commission on ethics and lobbying in government  which
 alleged  a  possible  violation  within  its jurisdiction, including the
 current status of each complaint, and  (ii)  where  a  matter  has  been
 resolved,  the  date  and  nature  of  the  disposition and any sanction
 imposed, subject to the confidentiality requirements  of  this  section.
 Such  annual  report shall not contain any information for which disclo-
 sure is not permitted pursuant to subdivision twelve of this section[.];
 AND
   M. PROVIDE MANDATORY ANNUAL  MANAGEMENT  TRAINING  FOR  THE  GOVERNOR,
 LIEUTENANT GOVERNOR, ATTORNEY GENERAL, COMPTROLLER, MEMBERS OF THE STATE
 LEGISLATURE,  AND  LEGISLATIVE EMPLOYEES WHICH SHALL INCLUDE, BUT NOT BE
 LIMITED TO, DIVERSITY TRAINING. SUCH PROGRAM SHALL ALSO BE AVAILABLE  TO
 ANY  EMPLOYEES  OF  SUCH ELECTED OFFICIALS, EXECUTIVE EMPLOYEES, AND ANY
 OTHER EMPLOYEE OF THE STATE.
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.