NY State Senate Bill 2021-S6930

Senate Bill S6930

2021-2022 Legislative Session

Requires New York state agencies and other state government entities to provide personal assistance services to employees with targeted disabilities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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 05, 2022	referred to investigations and government operations
May 20, 2021	referred to investigations and government operations

2021-S6930 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §296, Exec L

2021-S6930 (ACTIVE) - Summary

Requires New York state agencies and other state government entities to provide personal assistance services to employees with targeted disabilities; provides exceptions; defines "personal assistance services".

2021-S6930 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6930

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the executive law, in relation to requiring New York
state agencies and other state government entities to provide personal
assistance services to employees with targeted disabilities

 
PURPOSE:

To require governmental entities to provide employees with personal
assistance services when the employee has a targeted disability.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new subdivision to the Executive law to categorize the
refusal to provide personal assistance services to employees that
request it as unlawfully discriminatory. Such an accommodation is not
required when the individual is not a state or governmental employee,
does not have a targeted disability, the disability does not require
personal assistance services, or the employee cannot perform the essen-

tial functions of the job even with personal assistance services.

Additionally, this bill requires that the commissioner promulgate rules
and regulations for what is considered a targeted disability, the proc-
ess by which individuals request personal assistance services, and how
the state entity evaluates the request for assistance. The commissioner
is required to publish what constitutes a targeted disability and the
process by which individuals may apply for personal assistance services.
Finally, the bill defines what personal assistance services are.

Section 2 is the effective date.

 
JUSTIFICATION:

Across the state, people want to participate in civil life, but through
no fault of their own, they are prohibited from employment with the
state at any level because of a disability. Even if the employee has the
knowledge but not the physical capability to perform a task, they are
barred from that job. When the potential employee tries to apply for an
open position, they are relegated to jobs that may not fit their
passions and desires.

On occasion, personal assistance is a reality for many people, and the
need for personal assistance should not prohibit enthusiastic and will-
ing individuals from serving in their communities. By requiring the
state or other governmental entities to provide personal assistance
services to individuals, these marginalized employees can lead lives and
careers of passion and excellence. This bill will help lead disabled New
Yorkers achieve the highest level of personal and professional satisfac-
tion.

If we are to be the example for other states to follow, the first step
is making sure that every individual in our state has a place at the
table. This bill aims to make sure that disability is not the stigma it
used to be, by making sure that individuals are able to participate in
their passions and help their communities.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

No cost to the state.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become law.
Effective immediately, the addition, amendment, and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.

2021-S6930 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6930
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 20, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the executive law, in relation  to  requiring  New  York
   state agencies and other state government entities to provide personal
   assistance services to employees with targeted disabilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 296 of the executive law is amended by adding a new
 subdivision 3-c to read as follows:
   3-C. (A) IN ADDITION TO REASONABLE MODIFICATIONS  IN  POLICIES,  PRAC-
 TICES,  OR  PROCEDURES,  INCLUDING  OTHER  REASONABLE ACCOMMODATIONS FOR
 PERSONS WITH DISABILITIES AS OTHERWISE  PROVIDED  IN  THIS  SECTION,  IT
 SHALL  BE  AN  UNLAWFUL  DISCRIMINATORY PRACTICE FOR ANY STATE AGENCY OR
 OTHER GOVERNMENT ENTITY ACTING AS  AN  EMPLOYER  TO  REFUSE  TO  PROVIDE
 PERSONAL  ASSISTANCE  SERVICES,  UPON  REQUEST,  TO  AN  EMPLOYEE WITH A
 TARGETED DISABILITY WHO REQUIRES PERSONAL ASSISTANCE SERVICES BECAUSE OF
 SUCH TARGETED DISABILITY, AND WHO WILL BE ABLE TO PERFORM THEIR SPECIFIC
 JOB FUNCTIONS WITHOUT  POSING  A  DIRECT  THREAT  TO  SAFETY  ONCE  SUCH
 PERSONAL ASSISTANCE SERVICES ARE PROVIDED.
   (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, A STATE AGENCY OR OTHER  STATE  GOVERNMENT  ENTITY  ACTING  AS  AN
 EMPLOYER  SHALL  NOT BE REQUIRED TO PROVIDE PERSONAL ASSISTANCE SERVICES
 TO AN INDIVIDUAL REQUESTING SUCH SERVICES WHERE:
   (I) THE REQUESTOR IS NOT AN EMPLOYEE OF SUCH  STATE  AGENCY  OR  STATE
 GOVERNMENT ENTITY;
   (II) THE REQUESTOR DOES NOT HAVE A TARGETED DISABILITY;
   (III)  THE  REQUESTOR'S TARGETED DISABILITY DOES NOT CREATE A NEED FOR
 PERSONAL ASSISTANCE SERVICES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10801-01-1

 S. 6930                             2
 
   (IV) THE REQUESTOR IS NOT ABLE TO PERFORM THE ESSENTIAL  FUNCTIONS  OF
 THEIR  SPECIFIC  JOB, EVEN IF PERSONAL ASSISTANCE SERVICES AND ANY OTHER
 REASONABLE ACCOMMODATIONS UNDER THIS SECTION ARE PROVIDED; OR
   (V)  PROVIDING  PERSONAL  ASSISTANCE  SERVICES  TO THE REQUESTOR WOULD
 IMPOSE AN UNDUE HARDSHIP ON THE AGENCY.
   (C) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS:
   (I) CREATING A LIST OF DISABILITIES QUALIFYING AS "TARGETED  DISABILI-
 TIES" UNDER THIS SUBDIVISION;
   (II)  ESTABLISHING  A PROCESS BY WHICH INDIVIDUALS WITH TARGETED DISA-
 BILITIES EMPLOYED OR SEEKING EMPLOYMENT AT A STATE AGENCY OR OTHER STATE
 GOVERNMENT ENTITY MAY APPLY FOR PERSONAL ASSISTANCE SERVICES;
   (III) ESTABLISHING A PROCESS BY WHICH STATE AGENCIES AND  OTHER  STATE
 GOVERNMENT ENTITIES SHALL DETERMINE WHETHER AN INDIVIDUAL HAS A TARGETED
 DISABILITY  THAT  CREATES  A NEED FOR PERSONAL ASSISTANCE SERVICES UNDER
 THIS SUBDIVISION; AND
   (IV) TO ACCOMPLISH ANYTHING ELSE DEEMED RELEVANT AND NECESSARY BY  THE
 COMMISSIONER TO FULFILL THE PURPOSES OF THIS SUBDIVISION.
   (D) THE COMMISSIONER SHALL MAKE AVAILABLE ON THE DIVISION'S WEBSITE:
   (I) THE LIST OF TARGETED DISABILITIES ESTABLISHED PURSUANT TO SUBPARA-
 GRAPH (I) OF PARAGRAPH (C) OF THIS SUBDIVISION; AND
   (II)  THE  PROCESS  BY  WHICH  INDIVIDUALS  WITH TARGETED DISABILITIES
 EMPLOYED OR SEEKING EMPLOYMENT AT A STATE AGENCY OR OTHER STATE  GOVERN-
 MENT  ENTITY  MAY  APPLY  FOR  PERSONAL  ASSISTANCE SERVICES PURSUANT TO
 SUBPARAGRAPH (II) OF PARAGRAPH (C) OF THIS SUBDIVISION.
   (E)  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION  "PERSONAL   ASSISTANCE
 SERVICES"  MEANS  ASSISTANCE  WITH PERFORMING ACTIVITIES OF DAILY LIVING
 THAT AN INDIVIDUAL WOULD TYPICALLY PERFORM IF THEY DID NOT HAVE A  DISA-
 BILITY, AND THAT IS NOT OTHERWISE REQUIRED AS A REASONABLE ACCOMMODATION
 UNDER  THIS  SECTION,  INCLUDING,  BUT  NOT  LIMITED TO, ASSISTANCE WITH
 REMOVING AND PUTTING ON CLOTHING, EATING, USING A RESTROOM, OR  AMBULAT-
 ING. "PERSONAL ASSISTANCE SERVICES" SHALL NOT INCLUDE PERFORMING MEDICAL
 PROCEDURES,  MEDICAL  MONITORING,  OR HELPING A PERSON WITH A DISABILITY
 PERFORM THEIR SPECIFIC JOB FUNCTIONS.
   § 2. This act shall take effect one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 effective date.

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