S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1784
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2023
                                ___________
 
 Introduced  by  M.  of  A.  MEEKS,  LUNSFORD,  BRONSON  -- read once and
   referred to the Committee on Governmental Employees
 
 AN ACT to direct the department of civil service to conduct a  study  on
   competitive  examinations  for  public employment to determine whether
   the contents of such examinations  have  a  discriminatory  effect  on
   minority  examinees;  and  providing  for the repeal of such provision
   upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. For the purposes of this act the following terms shall have
 the following meanings:
   (a)  "agency"  means  any department, board, bureau, commission, divi-
 sion, office, council, committee, public benefit corporation  or  public
 authority at least one of whose members is appointed by the governor.
   (b)  "competitive  examination"  means  competitive  examinations  for
 public employment held by the state department of civil service  and  by
 municipal  commissions,  as  such  term is defined by section two of the
 civil service law.
   § 2. (a) The department of civil service  shall  conduct  a  study  on
 competitive examinations for public employment held by the state depart-
 ment  of civil service and by municipal commissions to determine whether
 the contents of such examinations have a discriminatory effect on minor-
 ity examinees.
   (b) Such study shall include, but not be limited to:
   (i) the total number of minority and non-minority competitive examina-
 tion examinees;
   (ii) a comparison of  competitive  examination  results  for  minority
 examinees compared to non-minority examinees;
   (iii) an agency by agency, and municipality by municipality, breakdown
 containing the percentage of minority employees hired each year compared
 to non-minorities;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04656-01-3
              

 A. 1784                             2
 
   (iv)  an  investigation on the questions and other contents of compet-
 itive examinations to determine whether  any  such  questions  or  other
 contents  have  or could have a discriminatory effect on minority exami-
 nees compared to non-minority examinees, and if so, the nature  of  such
 discriminatory effect;
   (v)  an investigation of ancillary factors contributing to competitive
 examinations  having  a  discriminatory  effect  on  minority  examinees
 compared to non-minority examinees, including, but not limited to acces-
 sibility  to  competitive examination locations, times competitive exam-
 inations are held, accessibility to competitive examination  preparation
 courses and study materials, and technological barriers; and
   (vi)  any  other  information the president of the department of civil
 service shall deem necessary.
   § 3. The department of civil service may request, and is authorized to
 receive, any information from any agency that is relevant  and  material
 to  the  completion  of  the  study  under section two of this act. Such
 information received by the department of civil service shall be subject
 to the same requirements for confidentiality and limitations on use,  if
 any,  as are applicable to such agency's use of such information and may
 only be utilized by the department and the commissioner of civil service
 for purposes authorized by this act.
   § 4. No later than one year after the effective date of this act,  the
 state department of civil service shall deliver a report of its findings
 of the study conducted pursuant to section two of this act to the gover-
 nor, the temporary president of the senate, the speaker of the assembly,
 the minority leader of the senate, and the minority leader of the assem-
 bly.  The contents of such report shall not contain the personally iden-
 tifiable information of any individual.
   § 5. This act shall take effect immediately and shall  expire  and  be
 deemed repealed two years after such date.