Senate Bill S3932A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3932--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2017
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- recommitted to the Committee  on  Civil  Service  and  Pensions  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 civil service law, in relation to establishing a
   customized employment demonstration program for persons with disabili-
   ties; and providing for the repeal of such provisions upon  expiration
   thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 55-b of the civil service law is amended by  adding
 a new subdivision 3 to read as follows:
   3.  (A)  NOTWITHSTANDING  ANY PROVISION OF SUBDIVISIONS ONE AND TWO OF
 THIS SECTION, THE COMMISSION SHALL  ESTABLISH  A  CUSTOMIZED  EMPLOYMENT
 DEMONSTRATION  PROGRAM,  OF NOT MORE THAN FIFTEEN POSITIONS, THAT SUBDI-
 VIDES TRADITIONAL POSITIONS OF EMPLOYMENT INTO TWO OR MORE SUB-POSITIONS
 FOR THE PURPOSE OF EMPLOYING PERSONS  WITH  DEVELOPMENTAL  DISABILITIES.
 SUCH  PERSONS  APPOINTED TO FILL SUB-POSITIONS SHALL BE LIMITED TO THOSE
 INDIVIDUALS, WHO BECAUSE  OF  PHYSICAL  AND/OR  MENTAL  DISABILITY,  ARE
 UNABLE  TO  PERFORM  ALL  THE  DUTIES  OF  THE POSITION, BUT ARE ABLE TO
 PERFORM A PORTION OF SUCH DUTIES, AND WHO WOULD OTHERWISE  NOT  QUALIFY,
 BECAUSE  OF  THE SEVERITY OF THEIR DISABILITY, FOR A POSITION DESIGNATED
 PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   (B) SUCH PERSONS, AS DETERMINED BY THE PRESIDENT, SHALL  BE  APPOINTED
 AS  TEMPORARY  EMPLOYEES  TO  FILL SUB-POSITIONS. SUB-POSITIONS SHALL BE
 CUSTOMIZED TO THE STRENGTHS AND INTERESTS OF THE JOB CANDIDATE  AND  THE
 IDENTIFIED  NEEDS OF THE EMPLOYER, WHICH MAY INCLUDE THE PROCESS OF TASK
 REASSIGNMENT, JOB CARVING AND JOB SHARING. NO PERSON HOLDING A  POSITION
 PURSUANT  TO THIS CHAPTER SHALL BE TERMINATED FOR THE PURPOSES OF ESTAB-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05225-02-8

 S. 3932--A                          2
 
 LISHING OR FILLING A SUB-POSITION ESTABLISHED PURSUANT TO THIS  SUBDIVI-
 SION.  SUB-POSITIONS  MAY  BE  EITHER PART-TIME OR FULL-TIME EMPLOYMENT.
 COMPENSATION FOR THE SUB-POSITIONS SHALL BE SET AT THE MINIMUM WAGE,  AS
 ESTABLISHED  PURSUANT TO SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW.
 SUCH COMPENSATION SHALL NOT INCLUDE HEALTH BENEFITS, PENSION BENEFITS OR
 ANY OTHER ADDITIONAL BENEFITS. ALL SUCH SUB-POSITIONS SHALL  BE  CLASSI-
 FIED IN THE NON-COMPETITIVE CLASS.
   (C)  THE  PROGRAM  ESTABLISHED  PURSUANT  TO  THIS  SUBDIVISION  SHALL
 COMMENCE ON JULY FIRST, TWO THOUSAND NINETEEN. THE PRESIDENT  SHALL,  IN
 CONSULTATION WITH THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES AND THE
 COMMISSIONER  OF  MENTAL HEALTH, EXAMINE AND EVALUATE THE IMPLEMENTATION
 AND EFFECTS OF THIS SECTION, AND SHALL  ISSUE  TO  THE  LEGISLATURE,  AN
 INTERIM  REPORT,  ON  OR  BEFORE  JULY FIRST, TWO THOUSAND TWENTY, AND A
 FINAL REPORT, ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-ONE,  OF  ITS
 FINDINGS,   CONCLUSIONS   AND  RECOMMENDATIONS,  INCLUDING  WHETHER  THE
 PROVISIONS OF THIS SUBDIVISION SHOULD BE CONTINUED ON A PERMANENT  BASIS
 AND,  IF  SO,  RECOMMENDATIONS  FOR  THE  IMPLEMENTATION  OF A PERMANENT
 CUSTOMIZED EMPLOYMENT PROGRAM.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed January 1, 2022.