NY State Senate Bill 2023-S6758A

Senate Bill S6758A

Vetoed By Governor

2023-2024 Legislative Session

Relates to participation by individuals with disabilities with respect to state employment and state contracts

download bill text pdf

Current Bill Status Via A5815 - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 22, 2024	tabled vetoed memo.29
Nov 18, 2024	delivered to governor
Jun 03, 2024	returned to assembly passed senate 3rd reading cal.1649 substituted for s6758a
Jun 03, 2024	substituted by a5815b ordered to third reading cal.1649 committee discharged and committed to rules
May 15, 2024	reported and committed to finance
Mar 18, 2024	print number 6758a
Mar 18, 2024	amend and recommit to procurement and contracts
Jan 03, 2024	referred to procurement and contracts
May 09, 2023	referred to procurement and contracts

Votes

- Jun 3, 2024 - Floor Vote
  A5815
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 3, 2024
      
      aye (60)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Brouk
      
      Walczyk
  Jun 3, 2024 - Rules Committee Vote
  S6758A
  
  20
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 3, 2024
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
  May 15, 2024 - Procurement And Contracts Committee Vote
  S6758A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Procurement And Contracts Committee Vote: May 15, 2024
      
      aye (7)
      
      Cooney
      
      Gonzalez
      
      Martins
      
      Rolison
      
      Sanders Jr.
      
      Stavisky
      
      Webb

Bill Amendments

Original

A (Active)

2023-S6758 - Details

See Assembly Version of this Bill:: A5815
Law Section:: State Finance Law
Laws Affected:: Amd §163, St Fin L

2023-S6758 - Summary

Relates to participation by individuals with disabilities with respect to state employment and state contracts; requires contractors to report to state agencies regarding the utilization and participation of work on both service and commodity contracts by a person with a disability; requires such state agencies to report to the office of general services and the office of general services to report to the state procurement council, governor, comptroller and the legislature.

2023-S6758 - Sponsor Memo

                                 
BILL NUMBER: S6758

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the state finance law, in relation to participation by
individuals with disabilities with respect to state employment and state
contracts

 
PURPOSE:

The purpose of this bill is to require the Commissioner of General
Services to submit a report to legislative leaders summarizing data
related to State employment of individuals with disabilities by December
1, 2024.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 163 of the State Finance Law by requiring that
the Commissioner of General Services submit a report to legislative
leaders summarizing data related to State employment of individuals with
disabilities by December 1, 2024, including:

* the employment of individuals with disabilities, and their level of
participation on State contracts;

* any policies and practices carried out by State contractors and
subcontractors to promote employment of individuals with disabilities
within their workforce; and,

* the compliance of State contractors and subcontractors with other
equal opportunity requirements and anti-discrimination laws, in addition
to any other required employment practices compliance with which is
deemed pertinent to be examined by the Commissioner of General Services.

Section 2 provides that the effective date shall take effect on the
first of January next succeeding the date upon which it shall have
become a law and shall apply to all contracts with the State entered
into on or after such effective date; provided, however that the amend-
ments to section 163 of the State Finance Law made by section one of
this act shall not affect the repeal of such section and shall be deemed
repealed therewith.

 
JUSTIFICATION:

The COVID-19 pandemic caused high unemployment rates for individuals
with disabilities, which remain high. In 2022, unemployment of individ-
uals with disabilities across the United States reached 8.2 percent,
essentially returning to pre-pandemic levels. However, the State's unem-
ployment rate for individuals with disabilities has struggled to
recover, going from 8.8 percent in 2019 to 11.9 percent in 2022.

The State's high unemployment rate of individuals with disabilities
highlights the need for more employment opportunities. The United States
Equal Employment Opportunity Commission (EEOC) publishes reports on the
employment of individuals with disabilities within the federal govern-
ment, with the most recent released in 2022. This report enables the
federal government to assess how many individuals with disabilities are
employed within its workforce, and where it can improve. EEOC data is
used to inform decisions on employment opportunities. The State does not
yet have similar data for use in ensuring sound disabilities and work-
force policy.

This bill would require the Commissioner of General Services to submit a
report to certain State officials summarizing data related to State
employment of individuals with disabilities by December 1, 2024. This
report would enable the State to make more informed policies that boost
employment opportunities for individuals with disabilities.  This would
establish a variety of new career pathways for thousands of individuals
with disabilities across the State.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date upon which it shall have become a law and shall apply to all
contracts with the State entered into on or after such effective date;
provided, however that the amendments to section 163 of the State
Finance Law made by section one of this act shall not affect the repeal
of such section and shall be deemed repealed therewith.

2023-S6758 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6758
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2023
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 AN ACT to amend the state finance law, in relation to  participation  by
   individuals  with  disabilities  with  respect to state employment and
   state contracts

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 163 of the state finance law is amended by adding a
 new subdivision 16 to read as follows:
   16.  A.  THE  COMMISSIONER  SHALL SUBMIT A REPORT TO THE GOVERNOR, THE
 STATE COMPTROLLER, THE STATE PROCUREMENT COUNCIL, THE  TEMPORARY  PRESI-
 DENT  OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF
 THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE,  THE  CHIEF  DISABILITY
 OFFICER,  THE  CHAIR  OF  THE ASSEMBLY STANDING COMMITTEE ON PEOPLE WITH
 DISABILITIES, AND THE CHAIR OF THE SENATE STANDING COMMITTEE ON DISABIL-
 ITIES NO LATER THAN DECEMBER FIRST, TWO THOUSAND TWENTY-FOUR,  SUMMARIZ-
 ING  DATA  RELATED TO THE PARTICIPATION OF INDIVIDUALS WITH DISABILITIES
 ON STATE CONTRACTS SUBJECT TO THE PROVISIONS OF THIS SECTION.
   B.  SUCH REPORT SHALL INCLUDE AGGREGATE  DATA  ON  THE  EMPLOYMENT  OF
 INDIVIDUALS  WITH  DISABILITIES,  THEIR  LEVEL  OF PARTICIPATION ON SUCH
 STATE CONTRACTS, AND ANY POLICIES AND PRACTICES  CARRIED  OUT  BY  STATE
 CONTRACTORS AND SUBCONTRACTORS TO PROMOTE EMPLOYMENT OF INDIVIDUALS WITH
 DISABILITIES  WITHIN  THEIR  WORKFORCE.  SUCH  REPORT SHALL ALSO EXAMINE
 COMPLIANCE OF STATE CONTRACTORS  AND  SUBCONTRACTORS  WITH  OTHER  EQUAL
 OPPORTUNITY  REQUIREMENTS  AND  ANTI-DISCRIMINATION LAWS, IN ADDITION TO
 ANY OTHER REQUIRED EMPLOYMENT PRACTICES COMPLIANCE WITH WHICH IS  DEEMED
 PERTINENT TO BE EXAMINED BY THE COMMISSIONER.
   C. IN ORDER TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION:
   (I)  CONTRACTORS  AND SUBCONTRACTORS THAT HAVE ENTERED INTO A CONTRACT
 WITH A STATE AGENCY SHALL INVITE THEIR EMPLOYEES TO SELF-IDENTIFY AS  AN
 INDIVIDUAL  WITH  A  DISABILITY.  NOTHING  IN  THIS SUBDIVISION SHALL BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10037-03-3

 S. 6758                             2
 
 DEEMED TO REQUIRE THE DISCLOSURE OF THE STATUS OF AN INDIVIDUAL  WITH  A
 DISABILITY.
   (II)  CONTRACTORS  AND  SUBCONTRACTORS  SHALL  SUBMIT A REPORT TO EACH
 STATE AGENCY WITH WHICH THEY HAVE ENTERED INTO A CONTRACT INCLUDING  THE
 INFORMATION  REQUIRED  BY  PARAGRAPH  B  OF  THIS SUBDIVISION. WORKFORCE
 PARTICIPATION BY INDIVIDUALS WITH DISABILITIES THROUGHOUT  THE  PREVIOUS
 FISCAL  YEAR  SHALL  BE REPORTED IN THE FORM OF AGGREGATE DATA AND SHALL
 NOT INCLUDE ANY PERSONAL IDENTIFYING INFORMATION.
   (III) EACH STATE AGENCY SHALL COMPILE SUCH INFORMATION AND  SUBMIT  AN
 AGGREGATE REPORT TO THE COMMISSIONER.
   D.  THE  INFORMATION REQUIRED BY THIS SUBDIVISION SHALL BE PROVIDED IN
 SUCH FORM AS PRESCRIBED BY  THE  COMMISSIONER.  THE  COMMISSIONER  SHALL
 PROMULGATE REGULATIONS REGARDING:
   (I)  THE  TIMELINE,  CONTENT,  AND  PROCESS  BY  WHICH CONTRACTORS AND
 SUBCONTRACTORS SHALL SUBMIT SUCH REPORTS TO STATE AGENCIES;
   (II) THE TIMELINE, CONTENT, AND PROCESS BY WHICH STATE AGENCIES  SHALL
 SUBMIT SUCH REPORTS TO THE OFFICE OF GENERAL SERVICES; AND
   (III)  ANY  OTHER FACTORS THE COMMISSIONER DEEMS APPROPRIATE OR NECES-
 SARY TO EFFECTUATE THE REQUIREMENTS OF THIS SUBDIVISION.
   E. FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (I) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF GENER-
 AL SERVICES.
   (II)  "DISABILITY" SHALL HAVE THE SAME MEANING AS PROVIDED IN SUBDIVI-
 SION TWENTY-ONE OF SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW.
   § 2. This act shall take effect on the first of January next  succeed-
 ing  the  date  upon which it shall have become a law and shall apply to
 all contracts with the state entered into on  or  after  such  effective
 date;  provided, however that the amendments to section 163 of the state
 finance law made by section one of this act shall not affect the  repeal
 of such section and shall be deemed repealed therewith.

2023-S6758A (ACTIVE) - Details

See Assembly Version of this Bill:: A5815
Law Section:: State Finance Law
Laws Affected:: Amd §163, St Fin L

2023-S6758A (ACTIVE) - Summary

2023-S6758A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6758A

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the state finance law, in relation to participation by
individuals with disabilities with respect to state employment and state
contracts

 
PURPOSE:

The purpose of this bill is to require the Commissioner of General
Services to submit a report to legislative leaders summarizing data
related to State employment of individuals with disabilities by December
1, 2025.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 163 of the State Finance Law by requiring that
the Commissioner of General Services submit a report to legislative
leaders summarizing data related to State employment of individuals with
disabilities by December 1, 2025, including:

the employment of individuals with disabilities, and their level of
participation on State contracts;

any policies and practices carried out by State contractors and subcon-
tractors to promote employment of individuals with disabilities within
their workforce; and,

the compliance of State contractors and subcontractors with other equal
opportunity requirements and anti-discrimination laws, in addition to
any other required employment practices compliance with which is deemed
pertinent to be examined by the Commissioner of General Services.

Section 2 provides that the effective date shall take effect on the
first of January next succeeding the date upon which it shall have
become a law and shall apply to all contracts with the State entered
into on or after such effective date; provided, however that the amend-
ments to section 163 of the State Finance Law made by section one of
this act shall not affect the repeal of such section and shall be deemed
repealed therewith.

 
JUSTIFICATION:

The COVID-19 pandemic caused high unemployment rates for individuals
with disabilities, which remain high. In 2022, unemployment of individ-
uals with disabilities across the United States reached 8.2 percent,
essentially returning to pre-pandemic levels. However, the State's unem-
ployment rate for individuals with disabilities has struggled to
recover, going from 8.8 percent in 2019 to 11.9 percent in 2022.

The State's high unemployment rate of individuals with disabilities
highlights the need for more employment opportunities. The United States
Equal Employment Opportunity Commission (EEOC) publishes reports on the
employment of individuals with disabilities within the federal govern-
ment, with the most recent released in 2022. This report enables the
federal government to assess how many individuals with disabilities are
employed within its workforce, and where it can improve. EEOC data is
used to inform decisions on employment opportunities. The State does not
yet have similar data for use in ensuring sound disabilities and work-
force policy.

This bill would require the Commissioner of General Services to submit a
report to certain State officials summarizing data related to State
employment of individuals with disabilities by December 1, 2025. This
report would enable the State to make more informed policies that boost
employment opportunities for individuals with disabilities.  This would
establish a variety of new career pathways for thousands of individuals
with disabilities across the State.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date upon which it shall have become a law and shall apply to all
contracts with the State entered into on or after such effective date;
provided, however that the amendments to section 163 of the State
Finance Law made by section one of this act shall not affect the repeal
of such section and shall be deemed repealed therewith.

2023-S6758A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6758--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2023
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and  Contracts
   --  recommitted  to  the  Committee  on  Procurement  and Contracts in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the state finance law, in relation to  participation  by
   individuals  with  disabilities  with  respect to state employment and
   state contracts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 163 of the state finance law is amended by adding a
 new subdivision 16 to read as follows:
   16.  A.  THE  COMMISSIONER  SHALL SUBMIT A REPORT TO THE GOVERNOR, THE
 STATE COMPTROLLER, THE STATE PROCUREMENT COUNCIL, THE  TEMPORARY  PRESI-
 DENT  OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF
 THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE,  THE  CHIEF  DISABILITY
 OFFICER,  THE  CHAIR  OF  THE ASSEMBLY STANDING COMMITTEE ON PEOPLE WITH
 DISABILITIES, AND THE CHAIR OF THE SENATE STANDING COMMITTEE ON DISABIL-
 ITIES NO LATER THAN DECEMBER FIRST, TWO THOUSAND TWENTY-FIVE,  SUMMARIZ-
 ING  DATA  RELATED TO THE PARTICIPATION OF INDIVIDUALS WITH DISABILITIES
 ON STATE CONTRACTS SUBJECT TO THE PROVISIONS OF THIS SECTION.
   B.  SUCH REPORT SHALL INCLUDE AGGREGATE  DATA  ON  THE  EMPLOYMENT  OF
 INDIVIDUALS  WITH  DISABILITIES,  THEIR  LEVEL  OF PARTICIPATION ON SUCH
 STATE CONTRACTS, AND ANY POLICIES AND PRACTICES  CARRIED  OUT  BY  STATE
 CONTRACTORS AND SUBCONTRACTORS TO PROMOTE EMPLOYMENT OF INDIVIDUALS WITH
 DISABILITIES  WITHIN  THEIR  WORKFORCE.  SUCH  REPORT SHALL ALSO EXAMINE
 COMPLIANCE OF STATE CONTRACTORS  AND  SUBCONTRACTORS  WITH  OTHER  EQUAL
 OPPORTUNITY  REQUIREMENTS  AND  ANTI-DISCRIMINATION LAWS, IN ADDITION TO
 ANY OTHER REQUIRED EMPLOYMENT PRACTICES COMPLIANCE WITH WHICH IS  DEEMED
 PERTINENT TO BE EXAMINED BY THE COMMISSIONER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10037-04-4

 S. 6758--A                          2
 
   C. IN ORDER TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION:
   (I)  CONTRACTORS  AND SUBCONTRACTORS THAT HAVE ENTERED INTO A CONTRACT
 WITH A STATE AGENCY SHALL INVITE THEIR EMPLOYEES TO SELF-IDENTIFY AS  AN
 INDIVIDUAL  WITH  A  DISABILITY.  NOTHING  IN  THIS SUBDIVISION SHALL BE
 DEEMED TO REQUIRE THE DISCLOSURE OF THE STATUS OF AN INDIVIDUAL  WITH  A
 DISABILITY.
   (II)  CONTRACTORS  AND  SUBCONTRACTORS  SHALL  SUBMIT A REPORT TO EACH
 STATE AGENCY WITH WHICH THEY HAVE ENTERED INTO A CONTRACT INCLUDING  THE
 INFORMATION  REQUIRED  BY  PARAGRAPH  B  OF  THIS SUBDIVISION. WORKFORCE
 PARTICIPATION BY INDIVIDUALS WITH DISABILITIES THROUGHOUT  THE  PREVIOUS
 FISCAL  YEAR  SHALL  BE REPORTED IN THE FORM OF AGGREGATE DATA AND SHALL
 NOT INCLUDE ANY PERSONAL IDENTIFYING INFORMATION.
   (III) EACH STATE AGENCY SHALL COMPILE SUCH INFORMATION AND  SUBMIT  AN
 AGGREGATE REPORT TO THE COMMISSIONER.
   D.  THE  INFORMATION REQUIRED BY THIS SUBDIVISION SHALL BE PROVIDED IN
 SUCH FORM AS PRESCRIBED BY  THE  COMMISSIONER.  THE  COMMISSIONER  SHALL
 PROMULGATE REGULATIONS REGARDING:
   (I)  THE  TIMELINE,  CONTENT,  AND  PROCESS  BY  WHICH CONTRACTORS AND
 SUBCONTRACTORS SHALL SUBMIT SUCH REPORTS TO STATE AGENCIES;
   (II) THE TIMELINE, CONTENT, AND PROCESS BY WHICH STATE AGENCIES  SHALL
 SUBMIT SUCH REPORTS TO THE OFFICE OF GENERAL SERVICES; AND
   (III)  ANY  OTHER FACTORS THE COMMISSIONER DEEMS APPROPRIATE OR NECES-
 SARY TO EFFECTUATE THE REQUIREMENTS OF THIS SUBDIVISION.
   E. FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (I) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF GENER-
 AL SERVICES.
   (II)  "DISABILITY" SHALL HAVE THE SAME MEANING AS PROVIDED IN SUBDIVI-
 SION TWENTY-ONE OF SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW.
   § 2. This act shall take effect on the first of January next  succeed-
 ing  the  date  upon which it shall have become a law and shall apply to
 all contracts with the state entered into on  or  after  such  effective
 date;  provided, however that the amendments to section 163 of the state
 finance law made by section one of this act shall not affect the  repeal
 of such section and shall be deemed repealed therewith.

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