Senate Bill S6095

                                BILL NUMBER:S6095

TITLE OF BILL:
An act
to amend the executive law, the mental hygiene law and the economic
development law, in relation to providing alternatives to sheltered
workshops for employment of people with disabilities using social
entrepreneurial business models, and providing for the statewide
replication of the successful self-employment model of "Inclusive
Entrepreneurship" developed through StartUP NY as authorized by the
United States department of labor office of disability employment policy

PURPOSE:
To provide a replicable alternative to sheltered employment for
individuals with disabilities who may wish to become entrepreneurs.

SUMMARY OF PROVISIONS:
Section 1 adds a new paragraph (m) to subdivision 1 of section 703 of
the executive law to amend the responsibilities of the Most
Integrated Settings Coordinating Council (MISCC), which is charged
with developing a comprehensive Statewide plan to ensure that people
of all ages with physical and mental disabilities receive care and
services in the most integrated settings appropriate to their
individual needs. The amendment requires an examination of programs
and methods needed to effectively deploy State and community
resources to help individuals with disabilities, including those
              

currently in sheltered work, to obtain competitive jobs or become
self-employed via an inclusive entrepreneurship model of integrated
skills training, assessment, and access to necessary professional,
credit, and other resources.

Section 2. Amends section 41.39 of the mental hygiene law by adding a
new subdivision (c) to require the commissioners of mental health and
of people with developmental disabilities and the secretary of state,
to develop a pilot project for inclusive entrepreneurship and
additional business opportunities for sheltered workshops and
integrated employment opportunities, including supported employment,
by transitioning to or developing collaborations with entities
incorporated in this state or in other states, including L3C
corporations, not for profit LLCs, workers cooperatives, and others
as the commissioners shall determine.

The purpose of the pilot program is to explore development of more
competitive, entrepreneurial models that can achieve both social
purpose rehabilitative goals and operate as businesses in the
marketplace paying competitive wages. In developing and implementing
the pilot program the commissioners shall appoint an advisory
committee of not more than fifteen individuals skilled in
entrepreneurship, entity formation, and the needs of individuals with
mental disabilities.

Section 3. Amends Subsection (a) of subdivision two of section 212 of
the Executive law to add Inclusive Entrepreneurship for persons with
disabilities to the entrepreneurship assistance program requirements.

JUSTIFICATION:


In 2006, the overall percentage of working-age people with
disabilities ages 21-64 in New York State was 11.5%, representing a
total of 1,295,000 people(1). The same survey reported that the
employment rate of working age people with disabilities was only
33.5%, compared to the employment rate of working-age people without
disabilities, reported at 77.9%. This represents a tremendous loss of
human capital that could be utilized to improve New York's economic
recovery.

The Burton Blatt Institute (BBI) works as a partner to NYS public and
private agencies addressing issues of unemployment, poverty and
community inclusion of people with disabilities.
It assists state agencies, including the NYS Most Integrated Settings
Coordinating Council (MISCC), Office of Mental Health, Office of
Persons with Developmental Disabilities, Small Business Development
Centers and the Department of Labor on increasing employment and
entrepreneurship for people with disabilities. It also works with the
private sector that includes community lending institutions and the
United Way of New York State and its member agencies to improve
economic self-sufficiency for over one million New Yorkers with
disabilities that want to be included in those efforts.

The purpose of this legislation is simple -

1. Increase competitive employment among people with disabilities, by
renewing and extending the authority of the Most Integrated Settings
Coordinating Council (MISCC) to develop alternatives to sheltered
workshops using social entrepreneurial business models.

2. Increase number of businesses owned and operated by people with
disabilities by improving access to self-employment training,
financing and markets, in part by supporting training and replication
of the self-employment model of "Inclusive Entrepreneurship. "

3. Advance real economic impact for New Yorkers with and without
disabilities by expanding the programming at Entrepreneurial
Assistance Centers.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Ultimately this will save money as individuals transition to
independent entrepreneurship and away from dependency.

EFFECTIVE DATE:
Immediately, except that sections one and two become effective 120
days after the act becomes law, and section three applies to EAP
programs funded after April 1, 2012.

FOOTNOTE:

(1) Rehabilitation Research and Training Center on Disability
Demographics and Statistics (2007).
Disability Status Report. Ithaca, NY; Cornell University