NY State Senate Bill 2023-S7634

Senate Bill S7634

2023-2024 Legislative Session

Direct the department of civil service to conduct a study on competitive examinations for public employment to determine whether the contents of such examinations have a discriminatory effect on minority examinee

download bill text pdf

Current Bill Status - In Senate Committee Civil Service And Pensions Committee

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to civil service and pensions
Aug 16, 2023	referred to rules

2023-S7634 (ACTIVE) - Details

See Assembly Version of this Bill:: A1784
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service
Versions Introduced in 2021-2022 Legislative Session:: A10118

2023-S7634 (ACTIVE) - Summary

Directs the department of civil service to conduct a study on competitive examinations for public employment held by the state department of civil service and by municipal commissions to determine whether the contents of such examinations have a discriminatory effect on minority examinees; requires a report on such findings to be delivered to the governor and legislature.

2023-S7634 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7634

SPONSOR: BROUK
 
TITLE OF BILL:

An act to direct the department of civil service to conduct a study on
competitive examinations for public employment to determine whether the
contents of such examinations have a discriminatory effect on minority
examinees; and providing for the repeal of such provision upon expira-
tion thereof

 
PURPOSE:

The legislation requires the department of civil service to conduct a
study on competitive examinations for public employment to determine
whether the contents of such examinations have a discriminatory effect
on minority candidates.

 
SUMMARY OF PROVISIONS:

Section 2 of this legislation part (a) directs the department of civil
service to conduct a study on competitive examinations for public

employment held by the state department of civil service and by munici-
pal commissions to determine whether the contents of such examinations
have a discriminatory effect on minority examinees. (b) Such study shall
include, but not be limited to: (i) the total number of minority and
non-minority competitive examination examinees; (ii) a comparison of
competitive examination results for minority examinees compared to non
minority examinees; Section 3, The department of civil service may
request, and is authorized to receive, any information from any agency
that is relevant and material to the completion of the study under
section two of this act. Section 4, No later than one year after the
effective date of this act, the state department of civil service shall
deliver a report of its findings of the study conducted pursuant to
section two of this act to the governor, the temporary president of the
senate, the speaker of the assembly, the minority leader of the senate,
and the minority leader of the assembly. Section 5, This act shall take
effect immediately and shall expire and be deemed repealed two years
after such date.

 
JUSTIFICATION:

We are interested in learning how the civil service exam has led to the
under employment of minorities. Civil Service exams are used to deter
mine who's eligible for employment solely based on knowledge.  Current-
ly, our black and brown communities have not been given a fair process
in obtaining Civil Service positions. We are determined to hold these
agencies accountable by comparing the data between minority and non-mi-
nority examinations.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATION:

None

 
EFFECTIVE DATE:
This act shall take effect immediately after it becomes law.

2023-S7634 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7634
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              August 16, 2023
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to direct the department of civil service to conduct a  study  on
   competitive  examinations  for  public employment to determine whether
   the contents of such examinations  have  a  discriminatory  effect  on
   minority  examinees;  and  providing  for the repeal of such provision
   upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. For the purposes of this act the following terms shall have
 the following meanings:
   (a)  "agency"  means  any department, board, bureau, commission, divi-
 sion, office, council, committee, public benefit corporation  or  public
 authority at least one of whose members is appointed by the governor.
   (b)  "competitive  examination"  means  competitive  examinations  for
 public employment held by the state department of civil service  and  by
 municipal  commissions,  as  such  term is defined by section two of the
 civil service law.
   § 2. (a) The department of civil service  shall  conduct  a  study  on
 competitive examinations for public employment held by the state depart-
 ment  of civil service and by municipal commissions to determine whether
 the contents of such examinations have a discriminatory effect on minor-
 ity examinees.
   (b) Such study shall include, but not be limited to:
   (i) the total number of minority and non-minority competitive examina-
 tion examinees;
   (ii) a comparison of  competitive  examination  results  for  minority
 examinees compared to non-minority examinees;
   (iii) an agency by agency, and municipality by municipality, breakdown
 containing the percentage of minority employees hired each year compared
 to non-minorities;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04656-01-3

 S. 7634                             2
 
   (iv)  an  investigation on the questions and other contents of compet-
 itive examinations to determine whether  any  such  questions  or  other
 contents  have  or could have a discriminatory effect on minority exami-
 nees compared to non-minority examinees, and if so, the nature  of  such
 discriminatory effect;
   (v)  an investigation of ancillary factors contributing to competitive
 examinations  having  a  discriminatory  effect  on  minority  examinees
 compared to non-minority examinees, including, but not limited to acces-
 sibility  to  competitive examination locations, times competitive exam-
 inations are held, accessibility to competitive examination  preparation
 courses and study materials, and technological barriers; and
   (vi)  any  other  information the president of the department of civil
 service shall deem necessary.
   § 3. The department of civil service may request, and is authorized to
 receive, any information from any agency that is relevant  and  material
 to  the  completion  of  the  study  under section two of this act. Such
 information received by the department of civil service shall be subject
 to the same requirements for confidentiality and limitations on use,  if
 any,  as are applicable to such agency's use of such information and may
 only be utilized by the department and the commissioner of civil service
 for purposes authorized by this act.
   § 4. No later than one year after the effective date of this act,  the
 state department of civil service shall deliver a report of its findings
 of the study conducted pursuant to section two of this act to the gover-
 nor, the temporary president of the senate, the speaker of the assembly,
 the minority leader of the senate, and the minority leader of the assem-
 bly.  The contents of such report shall not contain the personally iden-
 tifiable information of any individual.
   § 5. This act shall take effect immediately and shall  expire  and  be
 deemed repealed two years after such date.

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