Assembly Bill A3440

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3440
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Governmental Employees
 
 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.
                                                            LBD07291-01-3
              

 A. 3440                             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 TWENTY-FOUR. THE  PRESIDENT  SHALL,
 IN  CONSULTATION WITH THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES AND
 THE COMMISSIONER OF MENTAL HEALTH, EXAMINE AND EVALUATE THE  IMPLEMENTA-
 TION AND EFFECTS OF THIS SECTION, AND SHALL ISSUE TO THE LEGISLATURE, AN
 INTERIM REPORT, ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-FIVE, AND A
 FINAL  REPORT,  ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-SIX, 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, 2027.