NY State Senate Bill 2017-S3932A

Senate Bill S3932A

2017-2018 Legislative Session

Establishes the customized employment demonstration program whereby certain positions are divided into sub-positions by the civil service commission to provide for employment of disabled persons

download bill text pdf

Archive: Last 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 26, 2018	print number 3932a
Jan 26, 2018	amend and recommit to civil service and pensions
Jan 03, 2018	referred to civil service and pensions
Jan 30, 2017	referred to civil service and pensions

Bill Amendments

Original

A (Active)

2017-S3932 - Details

See Assembly Version of this Bill:: A205
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §55-b, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5805, A8111
2019-2020: S6626, A1415
2021-2022: A2381
2023-2024: A3440

2017-S3932 - Summary

Establishes the customized employment demonstration program whereby certain positions are divided into sub-positions by the civil service commission to provide for employment of persons with developmental disabilities who are able to perform a portion of the duties of such position.

2017-S3932 - Sponsor Memo

                                 BILL NUMBER:  S3932

 TITLE OF BILL :  An act to amend the civil service law, in relation
to establishing a customized employment demonstration program for
persons with disabilities; and providing for the repeal of such
provisions upon expiration thereof

 PURPOSE :

To establish a customized employment demonstration program whereby
certain positions are divided into sub-positions by the civil service
commission to provide for employment of developmentally disabled
persons.

 SUMMARY OF PROVISIONS :

This bill creates a customized employment demonstration program under
section 55-b of the civil service law.

 JUSTIFICATION :

Civil Service Law § 55-b provides for the employment of persons with
developmental disabilities by the State. Under the current program,
the Civil Service Commission may determine up to 1,200 noncompetitive
positions that may be performed by persons with a physical or mental
disability.

This legislation builds on Civil Service Law § 55-b by establishing a
demonstration program to study customized employment. Customized
employment is the process of subdividing traditional positions of
employment into two or more sub-positions representing singular tasks
or skill sets. Customized employment can open up employment
opportunities for those people with developmental disabilities who
would otherwise not be able to perform the duties of a traditional
position as currently set forth under the § 55-b program.

It is incumbent on New York State to continue to open up new
opportunities for the disabled, so they too can lead fulfilling lives.
This demonstration program would explore a versatile and customizable
employment option for people with developmental disabilities, and
would result in a report analyzing the impact of the program and
making recommendations regarding the continuation of the program. By
providing additional options for employment, people with developmental
disabilities will have more opportunities to achieve their most
meaningful or engaging activity as identified within their
person-centered planning process.

 LEGISLATIVE HISTORY :

2015,2016: S.5805A Referred to Civil Service and Pensions

 FISCAL IMPLICATIONS :

Undetermined.

 EFFECTIVE DATE :
This act shall take effect immediately and shall expire and be deemed
repealed January 1, 2021.

2017-S3932 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3932
 
                        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
 
 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-
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05225-01-7

 S. 3932                             2
 
 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 EIGHTEEN. 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 NINETEEN, AND A
 FINAL REPORT, ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY, OF ITS FIND-
 INGS, 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 EMPLOY-
 MENT PROGRAM.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed January 1, 2021.

2017-S3932A (ACTIVE) - Details

See Assembly Version of this Bill:: A205
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §55-b, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5805, A8111
2019-2020: S6626, A1415
2021-2022: A2381
2023-2024: A3440

2017-S3932A (ACTIVE) - Summary

2017-S3932A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3932A

SPONSOR: YOUNG
 
TITLE OF BILL:

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

 
PURPOSE:

To establish a customized employment demonstration program whereby
certain positions are divided into sub-positions by the civil service
commission to provide for employment of developmentally disabled
persons.

 
SUMMARY OF PROVISIONS:

This bill creates a customized employment demonstration program under
section 55-b of the civil service law.

 
JUSTIFICATION:

Civil Service Law § 55-b provides for the employment of persons with
developmental disabilities by the State. Under the current program, the
Civil Service Commission may determine up to 1,200 noncompetitive posi-
tions that may be performed by persons with a physical or mental disa-
bility.

This legislation builds on Civil Service Law § 55-b by establishing a
demonstration program to study customized employment. Customized employ-
ment is the process of subdividing traditional positions of employment
into two or more sub-positions representing singular tasks or skill
sets. Customized employment can open up employment opportunities for
those people with developmental disabilities who would otherwise not be
able to perform the duties of a traditional position as currently set
forth under the § 55-b program.

It is incumbent on New York State to continue to open up new opportu-
nities for the disabled, so they too can lead fulfilling lives.  This
demonstration program would explore a versatile and customizable employ-
ment option for people with developmental disabilities, and would result
in a report analyzing the impact of the program and making recommenda-
tions regarding the continuation of the program. By providing additional
options for employment, people with developmental disabilities will have
more opportunities to achieve their most meaningful or engaging activity
as identified within their person-centered planning process.

 
LEGISLATIVE HISTORY:

2017: S.3932 Referred to Civil Service and Pensions
2015-16: S.5805A Referred to Civil Service and Pensions

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed January 1, 2022.

2017-S3932A (ACTIVE) - Bill Text download pdf

                            
 
                     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.

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