NY State Senate Bill 2011-S6096

Senate Bill S6096

2011-2012 Legislative Session

Creates an interagency workgroup on entrepreneurship for people with disabilities as a standing committee of the most integrated settings coordinating council (MISCC)

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Archive: Last Bill Status - In Senate Committee Finance 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to finance

2011-S6096 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add Art 19-E §460, Exec L

2011-S6096 (ACTIVE) - Summary

Creates an interagency workgroup on entrepreneurship for people with disabilities as a standing committee of the most integrated settings coordinating council (MISCC) to provide consistency in state policy.

2011-S6096 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6096

TITLE OF BILL:
An act
to amend the executive law, in relation to creating an interagency
workgroup on entrepreneurship for people with disabilities as a standing
committee of the most integrated settings coordinating council (MISCC)
to provide consistency in state policy, and to establish a pool of
funding for business start up and expansion using the individual
development account (IDA) matching funds mechanism

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

SUMMARY OF PROVISIONS:
Adds a new Article 19-E to the Executive law, "Interagency Workgroup
on Entrepreneurship for People with Disabilities." Subdivision 1
creates the workgroup and establishes its mission:

o to facilitate interagency planning and policy,
o review specific agency initiatives for their impact on
services related to employment
and entrepreneurship of people with disabilities,
o identify barriers
and facilitators to self-employment at the policy and program levels

across agencies,
o recommend improvements in policy and program, and
o provide a continuing forum for concerns and discussion related to
the formulation of a comprehensive state policy relating to
employment and entrepreneurship among people with disabilities.

Subdivision two establishes the membership of the 15 person group:
commissioners of health, children and family services, education,
mental health, office of persons with developmental disabilities, the
department of labor, economic development, the directors of the state
office for the aging, and the office of alcohol and substance abuse
services, and the chancellor of the state university of New York. In
addition, the governor shall appoint seven other members with
expertise in disability employment and entrepreneurial issues, at
least two of whom shall represent not-for-profit corporations whose
primary purpose is to provide programs in training, services, and
entrepreneurship for persons with disabilities; and eight members are
appointed by
the governor on recommendation of the legislative leaders as follows.
The commissioner of mental health and the commissioner of the office
of persons with developmental disabilities shall serve, ex officio,
as co-chairs of the council. Administrative duties shall be the
responsibility of the department. The members of the Interagency
Workgroup shall receive no compensation for their services.

Subdivision 3 requires the Workgroup to conduct community forums to
gain input for the development of a New York state plan for a
comprehensive system of services related to employment and
entrepreneurship of people with disabilities. The plan is to include
but not be limited to:


o identifying barriers and facilitators to self-employment by persons
with disabilities,
o identifying best practices in developing
entrepreneurship and employment opportunities for persons with
disabilities,
o best approaches to training individuals to aid in the
development of entrepreneurial and employment opportunities for
persons with disabilities,
o a community assessment of strengths and
gaps in community support services,
o ways in which to coordinate
services among various systems,
o different financing approaches to
pay for support services
o and any other recommendations.

Subdivision 4 requires the Workgroup to meet quarterly, and to provide
reports to the governor and the legislature on or before June
thirtieth, two thousand eleven and by June thirtieth of every other
year thereafter.

Subdivision 5 requires the Workgroup to examine accessibility
requirements for all state web-based information technology, in order
to expand that policy to other forms of electronic and information
technology purchased, developed or used by state agencies.

Subdivision 6 requires that the office of mental health and the office
of persons with developmental disabilities serve as the focal point
to develop comprehensive coordinated responses of the various state
agencies with regard to employment and entrepreneurial opportunities
for persons with disabilities. This subdivision also allows the
offices to engage a nationally mown entity in the areas of
entrepreneurship and employment for people with disabilities which is
affiliated with an academic or research institution to aid in the
development and implementation of the plan and review of program and
policy.

Subdivision 7 creates a Individual Development Account Pilot Program
for the development of business startup and expansion by persons with
disabilities in 10 sites with project site to receive an investment
not to exceed $50,000. Project sites shall be chosen to provide
geographic balance between urban, rural, and suburban areas.

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 to coordinate state policy
regarding entreporeneurship for persons with disabilities.

LEGISLATIVE HISTORY:
New bill.

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

EFFECTIVE DATE:
120 days after the act becomes law.

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

2011-S6096 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6096

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to creating an interagen-
  cy workgroup on entrepreneurship for people  with  disabilities  as  a
  standing  committee of the most integrated settings coordinating coun-
  cil (MISCC) to provide consistency in state policy, and to establish a
  pool of funding for business start up and expansion using the individ-
  ual development account (IDA) matching funds mechanism

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The executive law is amended by adding a new article 19-e
to read as follows:
                              ARTICLE 19-E
        INTERAGENCY WORKGROUP ON ENTREPRENEURSHIP FOR PEOPLE WITH
                              DISABILITIES
SECTION 460. INTERAGENCY WORKGROUP ON ENTREPRENEURSHIP FOR  PEOPLE  WITH
               DISABILITIES.
  S 460. INTERAGENCY WORKGROUP ON ENTREPRENEURSHIP FOR PEOPLE WITH DISA-
BILITIES.  1. THERE IS HEREBY CREATED AN INTERAGENCY WORKGROUP ON ENTRE-
PRENEURSHIP FOR PEOPLE WITH DISABILITIES TO FACILITATE INTERAGENCY PLAN-
NING AND POLICY, REVIEW SPECIFIC AGENCY INITIATIVES FOR THEIR IMPACT  ON
SERVICES RELATED TO EMPLOYMENT AND ENTREPRENEURSHIP OF PEOPLE WITH DISA-
BILITIES,  IDENTIFY  BARRIERS AND FACILITATORS TO SELF-EMPLOYMENT AT THE
POLICY AND PROGRAM LEVELS ACROSS  AGENCIES,  RECOMMEND  IMPROVEMENTS  IN
POLICY  AND  PROGRAM,  AND  PROVIDE  A CONTINUING FORUM FOR CONCERNS AND
DISCUSSION RELATED TO THE FORMULATION OF A  COMPREHENSIVE  STATE  POLICY
RELATING  TO EMPLOYMENT AND ENTREPRENEURSHIP AMONG PEOPLE WITH DISABILI-
TIES.
  2. THE INTERAGENCY WORKGROUP SHALL BE COMPRISED OF TWENTY-FIVE MEMBERS
AS FOLLOWS: THE COMMISSIONER OF HEALTH, THE DIRECTOR OF THE STATE OFFICE
FOR THE AGING, THE COMMISSIONER OF CHILDREN  AND  FAMILY  SERVICES,  THE
COMMISSIONER  OF  EDUCATION,  THE  COMMISSIONER  OF  MENTAL  HEALTH, THE
COMMISSIONER OF THE OFFICE FOR PEOPLE WITH  DEVELOPMENTAL  DISABILITIES,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD13289-01-1

S. 6096                             2

THE  EXECUTIVE DIRECTOR OF THE DEVELOPMENTAL DISABILITIES PLANNING COUN-
CIL, THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK, THE  CHANCELLOR
OF  THE  CITY UNIVERSITY OF NEW YORK, THE COMMISSIONER OF THE DEPARTMENT
OF  LABOR, THE COMMISSIONER OF ECONOMIC DEVELOPMENT, AND THE DIRECTOR OF
THE OFFICE OF ALCOHOL AND SUBSTANCE ABUSE SERVICES, ANY  OF  WHOM  SHALL
SERVE  EX-OFFICIO  AND WHO MAY DESIGNATE AS REPRESENTATIVES PERSONS WITH
RESPONSIBILITY FOR ENTREPRENEURIAL  DEVELOPMENT  WITHIN  THE  AGENCY  OR
PERSONS WHO MAY HAVE DIRECT RESPONSIBILITY FOR VOCATIONAL, EDUCATION, OR
TRAINING  SERVICES FOR PERSONS WITH DISABILITIES TO ACT ON THEIR BEHALF.
THE GOVERNOR SHALL APPOINT SEVEN OTHER MEMBERS WITH EXPERTISE  IN  DISA-
BILITY EMPLOYMENT AND ENTREPRENEURIAL ISSUES, AT LEAST TWO OF WHOM SHALL
REPRESENT  NOT-FOR-PROFIT  CORPORATIONS  WHOSE  PRIMARY  PURPOSE  IS  TO
PROVIDE PROGRAMS IN TRAINING, SERVICES, AND ENTREPRENEURSHIP FOR PERSONS
WITH DISABILITIES. SIX MEMBERS SHALL BE APPOINTED BY THE GOVERNOR ON THE
RECOMMENDATION OF THE LEGISLATIVE  LEADERS  AS  FOLLOWS:  THE  TEMPORARY
PRESIDENT  OF  THE  SENATE  AND  THE  SPEAKER OF THE ASSEMBLY SHALL EACH
RECOMMEND TWO MEMBERS TO THE COUNCIL.   ONE OF THE  TWO  MEMBERS  RECOM-
MENDED BY THE TEMPORARY PRESIDENT AND ONE OF THE TWO MEMBERS RECOMMENDED
BY  THE  SPEAKER  SHALL  BE  AN  ENTREPRENEURIAL  EXPERT IN THE FIELD OF
PERSONS WITH DISABILITIES AND THE OTHER MEMBERS APPOINTED BY EACH  SHALL
BE  A  FAMILY  MEMBER  OR CAREGIVER OF A PERSON WITH DISABILITIES WHO IS
CURRENTLY AN ENTREPRENEUR. ONE MEMBER SHALL BE APPOINTED ON  THE  RECOM-
MENDATION  OF  THE MINORITY LEADER OF THE SENATE AND ONE MEMBER SHALL BE
APPOINTED ON THE RECOMMENDATION OF THE MINORITY LEADER OF THE  ASSEMBLY.
THE  COMMISSIONER  OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILI-
TIES SHALL SERVE, EX-OFFICIO OF THE COUNCIL. ADMINISTRATIVE DUTIES SHALL
BE THE RESPONSIBILITY OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISA-
BILITIES.    THE  MEMBERS  OF THE INTERAGENCY WORKGROUP SHALL RECEIVE NO
COMPENSATION FOR THEIR SERVICES.
  3. WITHIN ONE YEAR AFTER THE  EFFECTIVE  DATE  OF  THIS  SECTION,  THE
INTERAGENCY  WORKGROUP SHALL CONDUCT COMMUNITY FORUMS TO GAIN INPUT FROM
CONSUMERS, PROVIDERS, KEY RESEARCHERS IN THE FIELD AND OTHER  INTERESTED
PARTIES  TO  PROVIDE  INPUT AND DIRECTION ON DEVELOPING A NEW YORK STATE
PLAN FOR A COMPREHENSIVE SYSTEM OF SERVICES RELATED  TO  EMPLOYMENT  AND
ENTREPRENEURSHIP OF PEOPLE WITH DISABILITIES. A COMMUNITY FORUM SHALL BE
CONDUCTED  IN  EACH OF THE TEN ECONOMIC DEVELOPMENT REGIONAL COUNCILS TO
BE ESTABLISHED BY AN EXECUTIVE ORDER. THE STATE PLAN SHALL  INCLUDE  BUT
NOT  BE LIMITED TO IDENTIFYING BARRIERS AND FACILITATORS TO SELF-EMPLOY-
MENT BY PERSONS WITH DISABILITIES, IDENTIFYING BEST PRACTICES IN  DEVEL-
OPING  ENTREPRENEURSHIP  AND  EMPLOYMENT  OPPORTUNITIES FOR PERSONS WITH
DISABILITIES, BEST APPROACHES TO TRAINING  INDIVIDUALS  TO  AID  IN  THE
DEVELOPMENT  OF ENTREPRENEURIAL AND EMPLOYMENT OPPORTUNITIES FOR PERSONS
WITH DISABILITIES, A COMMUNITY  ASSESSMENT  OF  STRENGTHS  AND  GAPS  IN
COMMUNITY  SUPPORT  SERVICES, WAYS IN WHICH TO COORDINATE SERVICES AMONG
VARIOUS SYSTEMS, DIFFERENT  FINANCING  APPROACHES  TO  PAY  FOR  SUPPORT
SERVICES AND ANY OTHER RECOMMENDATIONS.
  4.  THE  INTERAGENCY WORKGROUP SHALL MEET QUARTERLY OR MORE FREQUENTLY
IF ITS BUSINESS SHALL REQUIRE. THE COMMUNITY FORUMS IN THE FIRST YEAR OF
IMPLEMENTATION COUNT AS A FORMAL MEETING OF THE COUNCIL.  THE MEMBERS OF
THE INTERAGENCY WORKGROUP SHALL RECEIVE NO  COMPENSATION  BUT  SHALL  BE
REIMBURSED  FOR  TRAVEL  AND  OTHER  EXPENSES  ACTUALLY  AND NECESSARILY
INCURRED IN THE PERFORMANCE OF THEIR DUTIES. THE  INTERAGENCY  WORKGROUP
SHALL  PROVIDE  REPORTS TO THE GOVERNOR AND THE LEGISLATURE ON OR BEFORE
JUNE THIRTIETH, TWO THOUSAND TWELVE AND BY JUNE THIRTIETH OF EVERY OTHER
YEAR THEREAFTER. SUCH REPORTS SHALL INCLUDE  RECOMMENDATIONS  FOR  STATE
POLICY  RELATING  TO  EMPLOYMENT AND ENTREPRENEURIAL SERVICES FOR PEOPLE

S. 6096                             3

WITH DISABILITIES. THE  INTERAGENCY  WORKGROUP  SHALL  ALSO  REVIEW  AND
REPORT  ON BEST PRACTICES OF PROVIDERS WORKING TO DEVELOP EMPLOYMENT AND
ENTREPRENEURIAL OPPORTUNITIES FOR PEOPLE WITH DISABILITIES.
  5.  THE INTERAGENCY WORKGROUP SHALL ADDITIONALLY EXAMINE ACCESSIBILITY
REQUIREMENTS FOR ALL STATE WEB-BASED INFORMATION TECHNOLOGY, IN ORDER TO
EXPAND THAT POLICY TO OTHER FORMS OF ELECTRONIC AND INFORMATION TECHNOL-
OGY PURCHASED, DEVELOPED, OR USED BY STATE AGENCIES, AND SHALL  CONSIDER
IN DEVELOPING RECOMMENDATIONS AND PROCEDURES WITH REGARD TO THIS, FEDER-
AL POLICY WITH REGARD TO SUCH INFORMATION AND APPLICATIONS.  THE PURPOSE
OF SUCH ACCESSIBILITY REQUIREMENT CHANGES SHALL BE TO IMPROVE EMPLOYMENT
AND  ADVANCEMENT  OPPORTUNITIES FOR PEOPLE WITH DISABILITIES, AND ACCESS
TO GOVERNMENT SERVICES AND INFORMATION.
  6. THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES  SHALL  SERVE
AS THE FOCAL POINT TO DEVELOP COMPREHENSIVE COORDINATED RESPONSES OF THE
VARIOUS  STATE  AGENCIES  WITH  REGARD TO EMPLOYMENT AND ENTREPRENEURIAL
OPPORTUNITIES FOR PERSONS WITH DISABILITIES. THE OFFICE, IN CONSULTATION
WITH THE INTERAGENCY  WORKGROUP,  SHALL  UTILIZE  DATA  AND  INFORMATION
COMPILED  AND  MAINTAINED  PURSUANT  TO THIS SECTION TO COORDINATE STATE
FUNDED RESEARCH EFFORTS TO ENSURE THE MOST EFFICIENT USE OF FUNDS AVAIL-
ABLE FOR THIS PURPOSE. THE OFFICE MAY ENGAGE A NATIONALLY  KNOWN  ENTITY
IN THE AREAS OF ENTREPRENEURSHIP AND EMPLOYMENT FOR PEOPLE WITH DISABIL-
ITIES  WHICH  IS  AFFILIATED WITH AN ACADEMIC OR RESEARCH INSTITUTION TO
AID IN THE DEVELOPMENT AND IMPLEMENTATION OF  THE  PLAN  AND  REVIEW  OF
PROGRAM AND POLICY.
  7.  THERE IS HEREBY CREATED UNDER THE AUSPICE OF THE INTERAGENCY WORK-
GROUP THE INDIVIDUAL DEVELOPMENT ACCOUNT PILOT PROGRAM FOR THE  DEVELOP-
MENT OF BUSINESS STARTUP AND EXPANSION BY PERSONS WITH DISABILITIES. THE
INTERAGENCY  WORKGROUP  SHALL  DEVELOP AN APPLICATION AND REVIEW PROCESS
FOR THE DEVELOPMENT OF THE PROGRAM IN TEN SITES, PROVIDED THAT  IN  EACH
SITE  INDIVIDUAL DEVELOPMENT ACCOUNTS SHALL BE ADMINISTERED BY COMMUNITY
DEVELOPMENT CREDIT UNIONS. PROSPECTIVE ENTREPRENEURS  WITH  DISABILITIES
SHALL  DEPOSIT THEIR OWN EARNINGS INTO SUCH ACCOUNTS, AND RECEIVE TRAIN-
ING IN FINANCIAL LITERACY AND ENTREPRENEURSHIP. EACH ACCOUNT SHALL  HAVE
A  MATCHING REQUIREMENT AND THE ACCOUNTS SHALL BE RELEASED TO INDIVIDUAL
ENTREPRENEURS WITH DISABILITIES  WHEN  THE  ENTREPRENEUR  HAS  DEPOSITED
SUFFICIENT  FUNDS TO REACH THE MATCH AMOUNT. MATCH REQUIREMENTS SHALL BE
SET MINIMALLY AT A ONE TO ONE RATIO. EACH PROJECT SITE  MAY  RECEIVE  AN
INVESTMENT  NOT TO EXCEED FIFTY THOUSAND DOLLARS. PROJECT SITES SHALL BE
CHOSEN TO PROVIDE GEOGRAPHIC BALANCE BETWEEN URBAN, RURAL, AND  SUBURBAN
AREAS.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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