2. The history of prison labor in New York can be traced back to
Auburn Prison, where a cruel and dehumanizing system of forced labor was
established 200 years ago with the goal of creating a self-sustaining
prison system.
3. Today, incarcerated individuals are forced to work under threat of
punishment; hourly wages range from ten to sixty-five cents an hour and
have not increased since 1993; work conditions are unsafe and have
resulted in serious injury and even death; assigned work programs are
insufficient to provide incarcerated individuals with the skills and
training necessary for successful rehabilitation, reentry and reinte-
gration into the community; and there currently exists no means by which
incarcerated individuals can organize to work toward improving these
conditions.
4. The labor of incarcerated individuals has been used to create
millions of dollars of profits and cost-savings for the state.
5. The current system of prison labor is a violation of human rights
and an affront to human dignity.
6. The Fairness and Opportunity for Incarcerated Workers Act will: end
forced labor; provide for a minimum wage, healthy and safe working
conditions, and the right to organize; and require that all work
programs provide incarcerated individuals with the skills and training
necessary for successful rehabilitation, reentry, and reintegration into
the community. The act also establishes a labor board to ensure that
these requirements are met; provides a means of redress if labor laws
are violated; and eliminates Corcraft's preferred vendor status.
§ 3. Section 2 of the correction law is amended by adding two new
subdivisions 35 and 36 to read as follows:
35. "LABOR PROGRAM" MEANS ANY JOB OR WORK WHEREBY THE DEPARTMENT
EMPLOYS, ASSIGNS OR PERMITS AN INCARCERATED INDIVIDUAL TO PROVIDE
SERVICES IN ANY CORRECTIONAL FACILITY, JAIL, REFORMATORY OR OTHER INSTI-
TUTION IN THE STATE AND FOR WHICH THE MINIMUM WAGE ESTABLISHED BY ARTI-
CLE NINETEEN OF THE LABOR LAW WOULD HAVE BEEN DUE BUT FOR SUCH INDIVID-
UAL'S CONDITION OF INCARCERATION. LABOR PROGRAMS SHALL INCLUDE, BUT NOT
BE LIMITED TO, CORCRAFT PRISON INDUSTRY JOBS, FACILITY NEEDS JOBS,
KITCHEN, LAUNDRY, LIBRARY, GROUNDSKEEPING AND OTHER IN-HOUSE PRISON
OPERATION AND UPKEEP WORK, AND ANY OTHER WORK WHEREBY THE LABOR OF AN
INCARCERATED INDIVIDUAL IS CONTRACTED, LET, FARMED OUT, GIVEN OR SOLD TO
THE STATE, ANY SUBDIVISION THEREOF, OR ANY PUBLIC, NONPROFIT OR PRIVATE
ENTITY, SHAREHOLDER OR INDIVIDUAL.
36. "LABOR BOARD" MEANS THE PRISON LABOR BOARD ESTABLISHED PURSUANT TO
SECTION 200-A OF THIS CHAPTER.
§ 4. Section 116 of the correction law, as amended by chapter 322 of
the laws of 2021, is amended to read as follows:
§ 116. [incarcerated] INCARCERATED individuals' funds. The warden or
superintendent of each of the institutions within the jurisdiction of
the department of corrections and community supervision shall deposit at
least once in each week to his or her credit as such warden, or super-
intendent, in such bank or banks as may be designated by the comp-
troller, all the moneys received by him or her as such warden, or super-
intendent, as incarcerated individuals' funds, and send to the
comptroller and also to the commissioner monthly, a statement showing
the amount so received and deposited. Such statement of deposits shall
be certified by the proper officer of the bank receiving such deposit or
deposits. The warden, or superintendent, shall also verify by his or her
affidavit that the sum so deposited is all the money received by him or
her as incarcerated individuals' funds during the month. Any bank in
A. 7452 3
which such deposits shall be made shall, before receiving any such
deposits, file a bond with the comptroller of the state, subject to his
or her approval, for such sum as he or she shall deem necessary. Upon a
certificate of approval issued by the director of the budget, [pursuant
to the provisions of section fifty-three of the state finance law,] the
amount of interest, if any, heretofore accrued and hereafter to accrue
on moneys so deposited, heretofore and hereafter credited to the warden,
or superintendent, by the bank from time to time, shall be [available
for expenditure by the warden, or superintendent, subject to the direc-
tion of the commissioner, for welfare work among the incarcerated indi-
viduals in his or her custody. The withdrawal of moneys so deposited by
such warden, or superintendent, as incarcerated individuals' funds,
including any interest so credited, shall be subject to his or her
check] DESIGNATED AS INCARCERATED INDIVIDUAL'S FUNDS. Each warden, or
superintendent, shall each month provide the comptroller and also the
commissioner with a record of all withdrawals from incarcerated individ-
uals' funds. As used in this section, the term " incarcerated individ-
uals' funds" means the funds in the possession of the incarcerated indi-
vidual at the time of his or her admission into the institution, funds
earned by him or her as provided in section one hundred eighty-seven of
this chapter, INTEREST ACCRUED ON SUCH FUNDS, and any other funds
received by him or her or on his or her behalf and deposited with such
warden or superintendent in accordance with the rules and regulations of
the commissioner. [Whenever the total unencumbered value of funds in an
incarcerated individual's account exceeds ten thousand dollars, the
superintendent shall give written notice to the office of victim
services.]
§ 5. The correction law is amended by adding a new section 200-a to
read as follows:
§ 200-A. PRISON LABOR BOARD; ORGANIZATION, FUNCTIONS, POWERS AND
DUTIES. 1. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT A PRISON
LABOR BOARD WHICH, FOR THE PURPOSES OF THIS SECTION, SHALL BE REFERRED
TO AS THE "LABOR BOARD".
2. THE LABOR BOARD SHALL BE COMPRISED OF THE FOLLOWING MEMBERS:
(A) THE COMMISSIONER OR HIS OR HER DESIGNEE;
(B) THE DEPUTY COMMISSIONER FOR PROGRAMS OR HIS OR HER DESIGNEE;
(C) THE COMMISSIONER OF THE DEPARTMENT OF LABOR OR HIS OR HER DESIG-
NEE;
(D) THE COMMISSIONER OF THE DIVISION OF HUMAN RIGHTS OR HIS OR HER
DESIGNEE;
(E) ONE FORMERLY INCARCERATED INDIVIDUAL WHO SHALL BE APPOINTED BY THE
GOVERNOR;
(F) ONE FORMERLY INCARCERATED INDIVIDUAL WHO SHALL BE APPOINTED BY THE
CHAIRPERSON OF THE ASSEMBLY COMMITTEE ON CORRECTION;
(G) ONE FORMERLY INCARCERATED INDIVIDUAL WHO SHALL BE APPOINTED BY THE
CHAIRPERSON OF THE SENATE COMMITTEE ON CRIME VICTIMS, CRIME AND
CORRECTION;
(H) THREE CURRENTLY INCARCERATED INDIVIDUALS FROM THE THREE CORREC-
TIONAL FACILITIES WITH THE LARGEST PRISON POPULATIONS AND WHERE CORCRAFT
INDUSTRY IS IN OPERATION. SUCH INDIVIDUALS SHALL BE APPOINTED BY THEIR
FACILITY'S INMATE LIAISON COMMITTEE AND SHALL SERVE TERMS AS DEFINED BY
THIS SECTION;
(I) ONE CURRENTLY INCARCERATED INDIVIDUAL FROM A WOMEN'S CORRECTIONAL
FACILITY. SUCH INDIVIDUAL SHALL BE APPOINTED BY HER FACILITY'S INMATE
LIAISON COMMITTEE AND SHALL SERVE A TERM AS DEFINED BY THIS SECTION;
A. 7452 4
(J) TWO MEMBERS OF NONPROFIT REENTRY PROGRAMS FOR INCARCERATED INDI-
VIDUALS, ONE OF WHICH SERVES FORMERLY INCARCERATED INDIVIDUALS IN NEW
YORK CITY AND ONE OF WHICH SERVES FORMERLY INCARCERATED INDIVIDUALS
STATEWIDE; AND
(K) TWO MEMBERS REPRESENTING ORGANIZED LABOR WHO SHALL BE APPOINTED BY
THE COMMISSIONER OF THE DEPARTMENT OF LABOR.
3. THE COMMISSIONER OR HIS OR HER DESIGNEE AND THE COMMISSIONER OF THE
DEPARTMENT OF LABOR OR HIS OR HER DESIGNEE SHALL SERVE AS CO-CHAIRPER-
SONS OF THE LABOR BOARD.
4. ALL INDIVIDUALS APPOINTED TO THE LABOR BOARD SHALL HAVE DIRECT
EXPERIENCE WITH OR DEMONSTRATED KNOWLEDGE OF PRISON LABOR PROGRAMS,
VOCATIONAL AND OCCUPATIONAL TRAINING, OR COMMUNITY REENTRY AND REINTE-
GRATION PROGRAMS.
5. ALL MEMBERS OF THE LABOR BOARD SHALL BE EQUAL VOTING MEMBERS.
6. ALL MEMBERS OF THE LABOR BOARD SHALL SERVE TWO YEARS AFTER INITIAL
APPOINTMENT. AFTER THEIR INITIAL TERMS, ALL MEMBERS SHALL SERVE FOUR-
YEAR TERMS.
7. ANY MEMBER CHOSEN TO FILL IN A VACANCY CREATED, OTHER THAN BY EXPI-
RATION OF TERM, SHALL BE APPOINTED FOR THE UNEXPIRED TERM OF THE MEMBER
WHOM HE OR SHE IS TO SUCCEED. VACANCIES CAUSED BY THE EXPIRATION OF TERM
OR OTHERWISE SHALL BE FILLED IN THE SAME MANNER AS ORIGINAL APPOINT-
MENTS.
8. THE LABOR BOARD MEMBERS SHALL CONTINUE IN OFFICE UNTIL THE EXPIRA-
TION OF THEIR TERMS AND UNTIL THEIR SUCCESSORS ARE APPOINTED.
9. NO LABOR BOARD MEMBER SHALL BE APPOINTED TO THE LABOR BOARD FOR
MORE THAN FOUR CONSECUTIVE TERMS.
10. APPOINTMENTS TO THE LABOR BOARD SHALL BE MADE WITHIN NINETY DAYS
OF THE EFFECTIVE DATE OF THIS SECTION.
11. ALL NONGOVERNMENTAL LABOR BOARD MEMBERS SHALL BE REIMBURSED FOR
REASONABLE AND NECESSARY EXPENSES RELATED TO THEIR OFFICIAL DUTIES AS
MEMBERS OF THE LABOR BOARD.
12. THE LABOR BOARD AND EACH MEMBER THEREOF SHALL HAVE, BUT NOT BE
LIMITED TO THE FOLLOWING FUNCTIONS, DUTIES, AND POWERS:
(A) TO ENSURE THAT ALL LABOR PROGRAMS ARE FOR THE PURPOSE OF REHABILI-
TATION AND COMMUNITY REENTRY AND REINTEGRATION, AND NOT FOR THE PURPOSE
OF CREATING PROFITS OR COST-SAVINGS WHICH INURE TO THE BENEFIT OF THE
STATE, ANY SUBDIVISION THEREOF, THE DEPARTMENT OF CORRECTIONS AND COMMU-
NITY SUPERVISION, ANY PUBLIC OR NONPROFIT ENTITY, OR ANY PRIVATE ENTITY,
SHAREHOLDER, OR INDIVIDUAL;
(B) TO DEVELOP AND IMPLEMENT:
(I) UNIFORM RULES, REGULATIONS, STANDARDS, PROCESSES, AND BEST PRAC-
TICES THAT ALL LABOR PROGRAMS SHALL MEET; AND
(II) UNIFORM RULES AND REGULATIONS THAT GOVERN THE RESPONSIBILITIES OF
THE DEPARTMENT AND THE LABOR BOARD IN DESIGNING, IMPLEMENTING, APPROV-
ING, AND MONITORING LABOR PROGRAMS;
(C) TO APPROVE EXISTING LABOR PROGRAMS THAT MEET THE REQUIREMENTS OF
THIS CHAPTER, TO MAKE RECOMMENDATIONS FOR LABOR PROGRAMS THAT ARE NOT
APPROVED, AND TO DESIGN AND IMPLEMENT NEW LABOR PROGRAMS;
(D) TO ENSURE THAT LABOR PROGRAMS ARE MADE AVAILABLE TO ALL INCARCER-
ATED INDIVIDUALS IN AN EQUITABLE AND NON-DISCRIMINATORY MANNER, AND TO
PROHIBIT THE EXTRACTION OF ANY FORM OF PAYMENT OR BENEFIT AS A CONDITION
OF LABOR PROGRAM ASSIGNMENT OR DUTIES; AND
(E) TO INVESTIGATE OR TAKE SUCH OTHER ACTION AS SHALL BE DEEMED NECES-
SARY OR PROPER WITH RESPECT TO ANY LABOR PROGRAM THAT DOES NOT COMPLY
WITH THE REQUIREMENTS OF THIS ARTICLE.
A. 7452 5
13. WITHIN ONE YEAR OF THE ENACTMENT OF THIS SECTION, BUT NO LATER
THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, AND ANNUALLY THER-
EAFTER, THE LABOR BOARD SHALL REPORT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY THE FOLLOWING
INFORMATION FOR EACH CORRECTIONAL FACILITY:
(A) ALL ACTIVITIES UNDERTAKEN BY THE LABOR BOARD INCLUDING APPROVALS,
DISAPPROVALS, AND INVESTIGATIONS OF CURRENT LABOR PROGRAMS, AND ACTIV-
ITIES RELATED TO THE CREATION OF NEW LABOR PROGRAMS;
(B) A DESCRIPTION OF THE PURPOSE OF EACH LABOR PROGRAM, INCLUDING THE
SKILLS REQUIRED TO PERFORM THE LABOR AND THE TRAINING OR EDUCATION
OFFERED TO ATTAIN SUCH SKILLS;
(C) THE WAGE RATE ASSIGNED TO EACH TYPE OF LABOR PROGRAM INCLUDING
VARIATIONS WITHIN THE WAGE RATE BASED ON SENIORITY, SKILLS, OR OTHER
CRITERIA;
(D) THE PHYSICAL AND ENVIRONMENTAL HAZARDS THAT EXIST FOR EACH TYPE OF
LABOR PROGRAM;
(E) A DATAFILE CONSISTING OF EVERY INCARCERATED INDIVIDUAL PARTICIPAT-
ING IN A LABOR PROGRAM IN WHICH EACH INDIVIDUAL IS DE-IDENTIFIED BUT IS
ASSIGNED AN ID UNIQUE TO SUCH DATAFILE, WHICH SHALL INCLUDE THE FOLLOW-
ING INFORMATION FOR EACH INDIVIDUAL FOR EACH PAY PERIOD DURING THE PAST
YEAR:
(I) FOR EACH INCARCERATED INDIVIDUAL, THE WAGES RECEIVED BY SUCH
INCARCERATED INDIVIDUAL WITH AN INDICATION OF ANY AMOUNTS THAT WERE
GARNISHED OR ATTACHED BY THE COURT OR THE DEPARTMENT;
(II) FOR EACH INCARCERATED INDIVIDUAL, THE TOTAL NUMBER OF HOURS
WORKED AND HOURLY WAGE RATE ASSIGNED TO THE LABOR PROGRAM;
(III) THE RACE, ETHNICITY, GENDER, AND AGE FOR EACH INCARCERATED INDI-
VIDUAL PARTICIPATING IN A LABOR PROGRAM;
(IV) ANY INJURIES REPORTED BY AN INCARCERATED INDIVIDUAL WHILE PARTIC-
IPATING IN A LABOR PROGRAM, INCLUDING A DESCRIPTION OF THE INJURY
RECEIVED, OR EXACERBATION OF AN EXISTING INJURY, THE SPECIFIC LABOR
PROGRAM IN WHICH THE INJURY WAS RECEIVED, THE TREATMENT ADMINISTERED,
AND OUTCOME OF SUCH TREATMENT; AND
(V) ANY REPORTS REGARDING AN INCARCERATED INDIVIDUAL'S REFUSAL TO WORK
OR THREATENED REFUSAL TO WORK, REASONS FOR SUCH WORK REFUSAL, AND THE
CONSEQUENCES IMPOSED INCLUDING, BUT NOT LIMITED TO, PLACEMENT ON
KEEPLOCK STATUS, NEGATIVE BEHAVIOR REPORTS, FINES, OR LOSS OF FAMILY
VISITATION OR OTHER PRIVILEGES.
(F) RECOMMENDATIONS FOR FURTHER STUDY TO MEASURE THE SUCCESS OF THE
LABOR PROGRAM REGARDING REHABILITATION, REENTRY, AND REINTEGRATION INTO
THE COMMUNITY.
§ 6. Section 154 of the correction law, as added by chapter 788 of the
laws of 1968, subdivision 4 as amended by section 3 of part F of chapter
62 of the laws of 2003, is amended to read as follows:
§ 154. Disposition of [Earnings] EARNINGS. The earnings of [a prison-
er] AN INCARCERATED INDIVIDUAL participating in a work release program,
less any payroll deductions required or authorized by law, shall be
deposited with the department in a trust fund account. Such earnings
shall not be subject to attachment or garnishment in the hands of the
department. The commissioner is authorized [to provide for disbursements
from the trust fund account for any or all of the following purposes:
1. Such costs incident to the prisoner's confinement as the commis-
sioner deems appropriate and reasonable.
2. Such costs related to the prisoner's work release program as the
commissioner deems appropriate and reasonable.
3. Support of the prisoner's dependents.
A. 7452 6
4. Payment of court fines, mandatory surcharge, sex offender registra-
tion fee, DNA databank fee, restitution or reparation, or forfeitures]
AND SHALL APPROVE REQUESTS BY INCARCERATED INDIVIDUALS FOR THE DISBURSE-
MENT OF THEIR EARNINGS FOR COMMISSARY PURCHASES, AID TO DEPENDENTS, OR
ANY OTHER LAWFUL PURPOSES. The balance of such earnings, if any, after
disbursements for any of the foregoing purposes shall be paid [to the
prisoner] BY CHECK ISSUED BY THE DEPARTMENT AND PAYABLE TO THE INCARCER-
ATED INDIVIDUAL upon termination of [his] SUCH INDIVIDUAL'S imprison-
ment.
§ 7. Subdivision 1 of section 170 of the correction law, as amended by
chapter 322 of the laws of 2021, is amended to read as follows:
1. The commissioner shall not, nor shall any other authority whatsoev-
er, make any contract by which the labor or time of any incarcerated
individual in any state or local correctional facility in this state, or
the product or profit of his or her work, shall be contracted, let,
farmed out, given or sold to [any person, firm, association or corpo-
ration; except that the incarcerated individuals in said correctional
institutions may work for, and the products of their labor may be
disposed of to, the state or any political subdivision thereof, any
public institution owned or managed and controlled by the state, or any
political subdivision thereof, provided that no incarcerated individual
shall be employed or assigned to engage in any activity that involves
obtaining access to, collecting or processing social security account
numbers of other individuals] THE STATE, ANY SUBDIVISION THEREOF, THE
DEPARTMENT, OR ANY PUBLIC, NONPROFIT OR PRIVATE ENTITY, SHAREHOLDER, OR
INDIVIDUAL UNLESS SUCH LABOR PROGRAM IS IN COMPLIANCE WITH THE REQUIRE-
MENTS OF THIS CHAPTER.
§ 8. Section 171 of the correction law, as amended by chapter 364 of
the laws of 1983, the section heading and subdivision 1 as amended by
chapter 322 of the laws of 2021, is amended to read as follows:
§ 171. [Incarcerated individuals to be employed; products of labor of
incarcerated individuals] TERMS AND CONDITIONS OF LABOR PROGRAMS. 1. The
commissioner and the superintendents and officials of all penitentiaries
in the state may NOT cause incarcerated individuals in the state correc-
tional facilities and such penitentiaries [who are physically capable
thereof] to be employed for [not to exceed] MORE THAN eight hours of
each day other than Sundays and public holidays. Notwithstanding any
other provision of this section, however, the commissioner and super-
intendents of state correctional facilities may employ incarcerated
individuals on a volunteer basis on Sundays and public holidays in
specialized areas of the facility, including kitchen areas, vehicular
garages, rubbish pickup and grounds maintenance, providing, however,
that incarcerated individuals so employed shall be allowed an alterna-
tive free day within the normal work week.
2. [Such labor] LABOR PROGRAMS shall be [either] for the purpose of
[the production of supplies for said institutions, or for the state, or
any political subdivision thereof, or for any public institution owned
or managed and controlled by the state, or any political subdivision
thereof; or for the purpose of industrial training and instruction, or
partly for one, and partly for the other of such purposes] PROMOTING
SUCCESSFUL REHABILITATION, REENTRY AND REINTEGRATION INTO THE COMMUNITY,
AND NOT FOR THE PURPOSE OF CREATING PROFITS OR COST-SAVINGS WHICH INURE
TO THE BENEFIT OF THE STATE, ANY SUBDIVISION THEREOF, THE DEPARTMENT, OR
ANY PUBLIC OR NONPROFIT ENTITY, PRIVATE ENTITY, SHAREHOLDER OR INDIVID-
UAL.
A. 7452 7
3. ALL LABOR PROGRAMS SHALL COMPLY WITH THE FOLLOWING TERMS AND CONDI-
TIONS:
(A) NO INCARCERATED INDIVIDUAL SHALL BE COMPELLED, THREATENED, INDUCED
OR COERCED TO PROVIDE LABOR AGAINST HIS OR HER WILL BY MEANS OF ACTUAL
OR THREATENED FORCE, PUNISHMENT, SEXUAL HARM, OR BY ANY OTHER MEANS
REASONABLY LIKELY TO CAUSE THE INCARCERATED INDIVIDUAL TO BELIEVE THAT,
IF THEY DO NOT PROVIDE SUCH LABOR, THAT THEY OR ANOTHER PERSON WOULD
SUFFER PHYSICAL, EMOTIONAL OR MENTAL HARM, OR OTHER ADVERSE CONSE-
QUENCES;
(B) THE WAGES PAID TO INCARCERATED INDIVIDUALS SHALL NOT BE LESS THAN
THE MINIMUM WAGE ESTABLISHED BY ARTICLE NINETEEN OF THE LABOR LAW;
(C) ALL HEALTH AND SAFETY PROTECTIONS REQUIRED TO BE PROVIDED TO
EMPLOYEES UNDER FEDERAL AND STATE LABOR LAW SHALL BE PROVIDED TO INCAR-
CERATED INDIVIDUALS ENGAGED IN LABOR PROGRAMS;
(D) ALL INCARCERATED INDIVIDUALS SHALL HAVE THE RIGHT TO ORGANIZE AND
COLLECTIVELY BARGAIN; AND
(E) ALL INCARCERATED INDIVIDUALS SHALL BE AFFORDED AN EQUAL OPPORTU-
NITY TO PARTICIPATE IN LABOR PROGRAMS AND THE COMMISSIONER, THE SUPER-
INTENDENTS AND OFFICIALS OF ALL CORRECTIONAL FACILITIES, JAILS, REFORMA-
TORIES AND OTHER INSTITUTIONS SHALL MAKE ALL EFFORTS TO ENSURE THAT
ASSIGNMENTS ARE DISTRIBUTED EQUITABLY AND WORK IS PROVIDED TO ALL WHO
REQUEST IT.
4. NO INCARCERATED INDIVIDUAL SHALL BE DISCRIMINATED AGAINST IN A
LABOR PROGRAM BECAUSE OF THEIR AGE, RACE, CREED, COLOR, NATIONAL ORIGIN,
SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX,
DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS, FAMILIAL STATUS, MARI-
TAL STATUS, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE.
5. THE DEPARTMENT SHALL NOT TAKE ANY RETALIATORY ACTION AGAINST AN
INCARCERATED INDIVIDUAL, WHETHER OR NOT WITHIN THE SCOPE OF THE INDIVID-
UAL'S LABOR PROGRAM DUTIES, BECAUSE SUCH INDIVIDUAL DOES ANY OF THE
FOLLOWING:
(A) DISCLOSES, OR THREATENS TO DISCLOSE TO A SUPERVISOR OR TO A PUBLIC
BODY AN ACTIVITY, POLICY, OR PRACTICE OF THE DEPARTMENT THAT THE INCAR-
CERATED INDIVIDUAL REASONABLY BELIEVES IS IN VIOLATION OF LAW, RULE, OR
REGULATION, OR THAT THE INCARCERATED INDIVIDUAL REASONABLY BELIEVES
POSES A SUBSTANTIAL AND SPECIFIC DANGER TO THE PUBLIC HEALTH OR SAFETY;
(B) PROVIDES INFORMATION TO, OR TESTIFIES BEFORE, ANY PUBLIC BODY
CONDUCTING AN INVESTIGATION, HEARING, OR INQUIRY INTO ANY SUCH ACTIVITY,
POLICY OR PRACTICE BY THE DEPARTMENT; OR
(C) OBJECTS TO, OR REFUSES TO PARTICIPATE IN, ANY SUCH ACTIVITY, POLI-
CY, OR PRACTICE.
6. IN NO EVENT SHALL AN INCARCERATED INDIVIDUAL BE EMPLOYED IN AN
ESTABLISHMENT WHICH HAS A LABOR DISPUTE.
7. THE DEPARTMENT OF LABOR SHALL EXERCISE THE SAME SUPERVISION OVER
CONDITIONS OF EMPLOYMENT FOR INCARCERATED INDIVIDUALS PARTICIPATING IN
LABOR PROGRAMS AS SUCH DEPARTMENT DOES OVER CONDITIONS OF EMPLOYMENT FOR
NON-INCARCERATED INDIVIDUALS.
8. ANY INCARCERATED INDIVIDUAL ALLEGING A VIOLATION OF SUBDIVISION
THREE, FOUR, OR FIVE OF THIS SECTION AGAINST ANY CORRECTIONAL FACILITY,
JAIL, REFORMATORY, OR OTHER INSTITUTION IN THE STATE SHALL HAVE A CAUSE
OF ACTION IN THE COURT OF APPROPRIATE JURISDICTION FOR DAMAGES AND
INJUNCTIVE RELIEF AND SUCH OTHER REMEDIES AS MAY BE APPROPRIATE.
9. ANY INCARCERATED INDIVIDUAL ALLEGING A VIOLATION OF SUBDIVISION
THREE, FOUR OR FIVE OF THIS SECTION AGAINST ANY OFFICER OR EMPLOYEE OF
ANY CORRECTIONAL FACILITY, JAIL, REFORMATORY, OR OTHER INSTITUTION IN
THE STATE SHALL, WITHIN TEN YEARS AFTER THE ACTS ALLEGED TO HAVE
A. 7452 8
VIOLATED THIS SECTION, HAVE A CAUSE OF ACTION FOR DAMAGES, INCLUDING
PUNITIVE DAMAGES, INJUNCTIVE RELIEF, AND SUCH OTHER REMEDIES AS MAY BE
APPROPRIATE TOGETHER WITH ALL REASONABLE ATTORNEY'S FEES AND COSTS.
10. THE IMMUNITY GRANTED PURSUANT TO SUBDIVISION ONE OF SECTION TWEN-
TY-FOUR OF THIS CHAPTER SHALL NOT EXTEND TO ACTIONS BROUGHT PURSUANT TO
SUBDIVISION THREE, FOUR, OR FIVE OF THIS SECTION AND ANY ACTION
COMMENCED UNDER THIS SECTION MAY BE BROUGHT IN ANY COURT OF COMPETENT
JURISDICTION, INCLUDING THE SUPREME COURT.
11. A VIOLATION OF ANY OF THE PROVISIONS OF SUBDIVISION THREE, FOUR,
OR FIVE OF THIS SECTION BY ANY OFFICER OR EMPLOYEE OF ANY CORRECTIONAL
FACILITY, JAIL, REFORMATORY, OR OTHER INSTITUTION IN THE STATE SHALL
CONSTITUTE SUFFICIENT CAUSE FOR THE REMOVAL OF SUCH EMPLOYEE BY THE DULY
CONSTITUTED AUTHORITY HAVING JURISDICTION.
§ 9. Subdivision 3 of section 177 of the correction law, as amended by
chapter 322 of the laws of 2021, is amended to read as follows:
3. However, for the purpose of distributing, marketing or sale of the
whole or any part of the product of any correctional facility in the
state, other than by said state correctional facilities, to the state or
to any political subdivisions thereof or to any public institutions
owned or managed and controlled by the state, or by any political subdi-
visions thereof, or to any public corporation, authority, or eleemosy-
nary association funded in whole or in part by any federal, state or
local funds, the sheriff of any such local correctional facility and the
commissioner of corrections and community supervision may enter into a
contract or contracts which may determine the kinds and qualities of
articles to be produced by such institution and the method of distrib-
ution and sale thereof by the commissioner of corrections and community
supervision or under his or her direction, either in separate lots or in
combination with the products of other such institutions and with the
products produced by incarcerated individuals in state correctional
facilities. Such contracts may fix and determine any and all terms and
conditions for the disposition of such products and the disposition of
proceeds of sale thereof and any and all other terms and conditions as
may be agreed upon, not inconsistent with the constitution OR THIS CHAP-
TER. However, no such contract shall be for a period of more than one
year and any prices fixed by such contract shall be [the prices estab-
lished pursuant to section one hundred eighty-six of this article for
like articles or shall be] approved by the [department of corrections
and community supervision] LABOR BOARD and the director of the budget on
presentation to them of a copy of such contract or proposed contract,
and provided further that any distribution or diversification of indus-
tries provided for by such contract shall be in accordance with the
rules and regulations established by the department of corrections and
community supervision or shall be approved by such department on presen-
tation to it of a copy of such contract or proposed contract.
§ 10. Section 178 of the correction law, as amended by chapter 322 of
the laws of 2021, is amended to read as follows:
§ 178. Participation in work release and other community activities.
Nothing contained in this article shall be construed or applied so as to
prohibit private employment of incarcerated individuals in the community
under a work release program, or a residential treatment facility
program [formulated pursuant to any provision] PROVIDED SUCH EMPLOYMENT
COMPLIES WITH THE REQUIREMENTS of this chapter.
§ 11. Subdivisions 1 and 2 of section 183 of the correction law,
subdivision 1 as amended by section 26 of subpart A of part C of chapter
A. 7452 9
62 of the laws of 2011 and subdivision 2 as added by chapter 464 of the
laws of 1981, are amended to read as follows:
1. It shall be the duty of the commissioner to distribute, among the
correctional institutions under his OR HER jurisdiction, the labor and
industries assigned to said institutions, due regard being had to the
location and convenience of the prisons, and of the other institutions
to be supplied, the machinery now therein and the number of [prisoners]
INCARCERATED INDIVIDUALS, in order to secure the best service and
distribution of the labor, and to employ the [prisoners, so far as prac-
ticable,] INCARCERATED INDIVIDUALS in occupations in which they will be
most likely to obtain employment after their discharge from imprison-
ment. The commissioner shall change or dispose of the present plants and
machinery in said institutions now used in industries which shall be
discontinued, and which can not be used in the industries hereafter to
be carried on in said prisons, due effort to be made by full notice to
probable purchasers, in case of sales of industries or machinery, to
obtain the best price possible for the property sold, and good will of
the business to be discontinued.
2. The commissioner shall submit reports, quarterly, to THE LABOR
BOARD, the senate finance committee, the assembly ways and means commit-
tee, and the director of the budget, regarding industries under his OR
HER jurisdiction. Such reports shall include, but not be limited to,
the following:
(a) all materials, machinery or other property procured, and the cost
thereof;
(b) all other expenditures and the nature thereof;
(c) all receipts and the nature thereof;
(d) all inventory on hand at the opening and closing of the quarter;
AND
(e) recommendations regarding the continuance of the program.
§ 12. Sections 184, 185 and 186 of the correction law are REPEALED.
§ 13. Section 187 of the correction law, as amended by chapter 322 of
the laws of 2021, is amended to read as follows:
§ 187. Earnings of incarcerated individuals. 1. Every incarcerated
individual confined in a [state] correctional facility, [subject to the
rules and regulations of the department of corrections and community
supervision, and every incarcerated individual confined in a local
correctional facility, in the discretion of the sheriff thereof, may]
JAIL, REFORMATORY, OR OTHER INSTITUTION IN THE STATE SHALL receive
compensation for work performed during his or her imprisonment. Such
compensation shall be graded by the [department of corrections and
community supervision] LABOR BOARD, with regard to incarcerated individ-
uals [employed in prison industries] PARTICIPATING IN LABOR PROGRAMS,
based upon the work performed by such [prisoners for prisoners confined
in state correctional facilities, and by the sheriffs in all local
correctional facilities for incarcerated individuals confined therein]
INCARCERATED INDIVIDUAL.
2. The [department of corrections and community supervision] LABOR
BOARD shall adopt rules, subject to the approval of the director of the
budget, for establishing in all of the state correctional facilities a
system of compensation for the incarcerated individuals confined there-
in. Such rules shall provide for the payment of compensation to each
incarcerated individual[, who] AND shall meet the requirements estab-
lished by [the department of corrections and community supervision,
based upon the work performed by such incarcerated individuals] THIS
CHAPTER.
A. 7452 10
3. The [department] LABOR BOARD shall prepare graded wage schedules
for incarcerated individuals, which schedules shall be based upon clas-
sifications according to the value of work performed by each AND IN NO
INSTANCE SHALL BE LOWER THAN THE MINIMUM WAGE ESTABLISHED BY ARTICLE
NINETEEN OF THE LABOR LAW. Such schedules [need not] SHALL be uniform in
all institutions. [The rules of the department shall also provide for
the establishment of a credit system for each incarcerated individual
and the manner in which such earnings shall be paid to the incarcerated
individual or his or her dependents or held in trust for him or her
until his or her release.
4. Any compensation paid to an incarcerated individual under this
article shall be based on the work performed by such incarcerated indi-
vidual. Compensation may be paid from moneys appropriated to the depart-
ment and available to facilities for nonpersonal service.]
§ 14. Section 189 of the correction law, as amended by chapter 3 of
the laws of 1995, is amended to read as follows:
§ 189. Disposition of moneys paid to [prisoner] INCARCERATED INDIVID-
UAL for his OR HER labor. [1.] THE EARNINGS, INCLUDING ANY ACCRUED
INTEREST, OF AN INCARCERATED INDIVIDUAL PARTICIPATING IN A LABOR PROGRAM
SHALL BE HELD BY THE DEPARTMENT IN A TRUST FUND ACCOUNT. SUCH EARNINGS
SHALL NOT BE SUBJECT TO ATTACHMENT OR GARNISHMENT IN THE HANDS OF THE
DEPARTMENT. The amount of such [compensation] EARNINGS to the credit of
any [prisoner] INCARCERATED INDIVIDUAL may be drawn by the [prisoner]
INCARCERATED INDIVIDUAL during [his] SUCH INDIVIDUAL'S imprisonment[,
only upon approval of the commissioner to] FOR aid TO dependent rela-
tives [of such prisoner], COMMISSARY PURCHASES, or for [such] ANY other
[purposes as the commissioner may approve. Such disbursement to aid a
dependent relative of a prisoner may be made without the consent of such
prisoner upon the certificate of the commissioner of social services, or
other officer performing the duties of a commissioner of welfare, of the
community in which such dependent is located] LAWFUL PURPOSE. Any
balance to the credit of any [prisoner] INCARCERATED INDIVIDUAL at the
time of his OR HER conditional release as provided by this chapter shall
be subject to the draft of the [prisoner in such amounts and at such
times as the commissioner shall approve] INCARCERATED INDIVIDUAL;
provided, however, that at the date of absolute discharge of any [pris-
oner] INCARCERATED INDIVIDUAL the balance as aforesaid shall be paid to
such [prisoner] INCARCERATED INDIVIDUAL.
§ 15. Section 189 of the correction law, as amended by chapter 738 of
the laws of 1942, is amended to read as follows:
§ 189. Disposition of moneys paid to [prisoner] INCARCERATED INDIVID-
UAL for his OR HER labor. THE EARNINGS, INCLUDING ANY ACCRUED INTEREST,
OF AN INCARCERATED INDIVIDUAL PARTICIPATING IN A LABOR PROGRAM SHALL BE
HELD BY THE DEPARTMENT IN A TRUST FUND ACCOUNT. SUCH EARNINGS SHALL NOT
BE SUBJECT TO ATTACHMENT OR GARNISHMENT IN THE HANDS OF THE DEPARTMENT.
The amount of such [compensation] EARNINGS to the credit of any [prison-
er] INCARCERATED INDIVIDUAL may be drawn by the [prisoner] INCARCERATED
INDIVIDUAL during [his] SUCH INDIVIDUAL'S imprisonment[, only upon
approval of the commissioner to] FOR aid TO dependent relatives [of such
prisoner], COMMISSARY PURCHASES, or for [such] ANY other [purposes as
the commissioner may approve. Such disbursement to aid a dependent rela-
tive of a prisoner may be made without the consent of such prisoner upon
the certificate of the commissioner of welfare, or other officer
performing the duties of a commissioner of welfare, of the community in
which such dependent is located] LAWFUL PURPOSE. Any balance to the
credit of any [prisoner] INCARCERATED INDIVIDUAL at the time of his OR
A. 7452 11
HER conditional release as provided by this chapter shall be subject to
the draft of the [prisoner in such amounts and at such times as the
commissioner shall approve] INCARCERATED INDIVIDUAL; provided, however,
that at the date of absolute discharge of any [prisoner] INCARCERATED
INDIVIDUAL the balance as aforesaid shall be paid to such [prisoner]
INCARCERATED INDIVIDUAL.
§ 16. Section 190 of the correction law, as amended by section 23 of
subpart B of part C of chapter 62 of the laws of 2011, is amended to
read as follows:
§ 190. Monthly statement of receipts and expenditures for industries.
The warden of each of the state prisons shall, on the first of each
month, make a full detailed statement of all materials, machinery or
other property procured, and of the cost thereof, and of the expendi-
tures made during the last preceding month for manufacturing purposes,
together with a statement of all materials then on hand to be manufac-
tured, or in process of manufacture, or manufactured, and of machinery,
fixtures or other appurtenances for the purpose of carrying on the labor
of the [prisoners] INCARCERATED INDIVIDUAL, and the amount and kinds of
work done, and the earnings realized, and the total amount of moneys
coming into his or her hands as such warden during such last preceding
month as the proceeds of the labor of the [prisoners] INCARCERATED INDI-
VIDUALS at such prison, which statement shall be verified by the oath of
such warden to be just and true, and shall be by him or her forwarded to
the department AND THE LABOR BOARD.
§ 17. Subdivisions 2, 3, 4, and 6 of section 200 of the correction
law, subdivisions 2, 3, and 4 as amended by chapter 322 of the laws of
2021, and subdivision 6 as added by chapter 536 of the laws of 1974, are
amended to read as follows:
2. In lieu of the system of labor in correctional institutions estab-
lished by this article, the [commissioner may] LABOR BOARD SHALL, in
order to facilitate an incarcerated individual's eventual reintegration
into society, establish for the incarcerated individuals in one or more
state correctional institutions a system of educational, career and
industrial training programs, and of incentive allowances for each such
program. EDUCATIONAL, CAREER AND INDUSTRIAL TRAINING PROGRAMS SHALL NOT
INCLUDE ANY JOB OR WORK THAT IS PART OF A LABOR PROGRAM AS DEFINED BY
SUBDIVISION THIRTY-FIVE OF SECTION TWO OF THIS CHAPTER.
3. For each institution wherein such system is established the
[commissioner] LABOR BOARD shall prepare, and may at times revise, grad-
ed incentive allowance schedules for the incarcerated individuals within
each such program based upon the levels of performance and achievement
by an incarcerated individual in a program to which he or she has been
assigned. Upon the approval of the director of the budget such schedules
or revisions thereof may be promulgated.
4. The [commissioner] LABOR BOARD shall also provide for the estab-
lishment of a credit system for each incarcerated individual and the
manner in which incentive allowances shall be paid to the incarcerated
individual or his or her dependents or held in trust for him or her
until his or her release. The amount of incentive allowed to the credit
of any incarcerated individual shall be disposed of as provided by
section one hundred eighty-nine of this article.
6. [Except as otherwise provided by this section, those provisions of
law dealing with labor in state correctional institutions shall apply to
industrial training in state correctional institutions including the
disposition of services rendered and products produced incidental to
such industrial training.] ALL HEALTH AND SAFETY PROTECTIONS REQUIRED TO
A. 7452 12
BE PROVIDED TO EMPLOYEES UNDER FEDERAL AND STATE LABOR LAW SHALL BE
PROVIDED TO INCARCERATED INDIVIDUALS ENGAGED IN EDUCATIONAL, CAREER AND
INDUSTRIAL TRAINING PROGRAMS.
§ 18. Paragraph a of subdivision 2 of section 162 of the state
finance law is REPEALED and paragraphs b, c, d, e, and f are relettered
paragraphs a, b, c, d, and e.
§ 19. Subdivision 3 of section 162 of the state finance law, as added
by chapter 83 of the laws of 1995, paragraphs a and b as amended by
section 164 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
3. Public list of services and commodities provided by preferred
sources.
a. By December thirty-first, nineteen hundred ninety-five, the commis-
sioner, in consultation with the commissioners of [corrections and
community supervision,] the office of children and family services, the
office of temporary and disability assistance, mental health and educa-
tion, shall prepare a list of all commodities and services that are
available and are being provided as of said date, for purchase by state
agencies, public benefit corporations or political subdivisions from
those entities accorded preference or priority status under this
section. Such list may include references to catalogs and other descrip-
tive literature which are available directly from any provider accorded
preferred status under this section. The commissioner shall make this
list available to prospective vendors, state agencies, public benefit
corporations, political subdivisions and other interested parties. Ther-
eafter, new or substantially different commodities or services may only
be made available by preferred sources for purchase by more than one
state agency, public benefit corporation or political subdivision after
addition to said list.
b. After January first, nineteen hundred ninety-six, upon the applica-
tion of [the commissioner of corrections and community supervision,] the
commissioner of the office of children and family services, the office
of temporary and disability assistance, the commissioner of mental
health or the commissioner of education, or a non-profit-making facili-
tating agency designated by one of the said commissioners pursuant to
paragraph e of subdivision [six] FIVE of this section, the state
procurement council may recommend that the commissioner: (i) add commod-
ities or services to, or (ii) in order to insure that such list reflects
current production and/or availability of commodities and services,
delete at the request of a preferred source, commodities or services
from, the list established by paragraph a of this subdivision. The coun-
cil may make a non-binding recommendation to the relevant preferred
source to delete a commodity or service from such list. Additions may be
made only for new services or commodities, or for services or commod-
ities that are substantially different from those reflected on said list
for that provider. The decision to recommend the addition of services or
commodities shall be based upon a review of relevant factors as deter-
mined by the council including costs and benefits to be derived from
such addition and shall include an analysis by the office of general
services conducted pursuant to subdivision [six] FIVE of this section.
Unless the state procurement council shall make a recommendation to the
commissioner on any such application within one hundred twenty days of
receipt thereof, such application shall be deemed recommended. In the
event that the state procurement council shall deny any such applica-
tion, the commissioner or non-profit-making agency which submitted such
application may, within thirty days of such denial, appeal such denial
A. 7452 13
to the commissioner of general services who shall review all materials
submitted to the state procurement council with respect to such applica-
tion and who may request such further information or material as is
deemed necessary. Within sixty days of receipt of all information or
materials deemed necessary, the commissioner shall render a written
final decision on the application which shall be binding upon the appli-
cant and upon the state procurement council.
c. The list maintained by the office of general services pursuant to
paragraph a of this subdivision shall be revised as necessary to reflect
the additions and deletions of commodities and services approved by the
state procurement council.
§ 20. Subparagraph (iii) of paragraph a of subdivision 4 of section
162 of the state finance law is REPEALED.
§ 21. Subparagraphs (i) and (ii) of paragraph a, subparagraphs (i),
(ii) and (iii) of paragraph b and paragraph c of subdivision 4 of
section 162 of the state finance law, subparagraph (i) of paragraph a as
amended by section 164 of subpart B of part C of chapter 62 of the laws
of 2011, subparagraph (ii) of paragraph a as amended by chapter 91 of
the laws of 2023, subparagraphs (i) and (ii) of paragraph b and para-
graph c as added by chapter 83 of the laws of 1995, and subparagraph
(iii) of paragraph b of subdivision 4 as amended by chapter 430 of the
laws of 1997, are amended to read as follows:
(i) When commodities are available, in the form, function and utility
required by a state agency, public authority, commission, public benefit
corporation or political subdivision, said commodities must be purchased
first from [the correctional industries program of the department of
corrections and community supervision] APPROVED CHARITABLE NON-PROFIT-
MAKING AGENCIES FOR THE BLIND;
(ii) When commodities are available, in the form, function and utility
required by, a state agency or political subdivision or public benefit
corporation having their own purchasing agency, and such commodities are
not available pursuant to subparagraph (i) of this paragraph, said
commodities shall then be purchased from [approved charitable non-pro-
fit-making agencies for the blind] A QUALIFIED NON-PROFIT-MAKING AGENCY
FOR OTHER SEVERELY DISABLED PERSONS, A QUALIFIED SPECIAL EMPLOYMENT
PROGRAM FOR MENTALLY ILL PERSONS, OR A QUALIFIED VETERANS' WORKSHOP,
provided, however, the preferred source shall perform fifty percent or
more of the work;
(i) state agencies or political subdivisions or public benefit corpo-
rations having their own purchasing agency shall make reasonable efforts
to provide a notification describing their requirements to those
preferred sources, or to the facilitating entity identified in paragraph
e of subdivision [six] FIVE of this section, which provide the required
services as indicated on the official public list maintained by the
office of general services pursuant to subdivision three of this
section;
(ii) if, within ten days of the notification required by subparagraph
(i) of this paragraph, one or more preferred sources or facilitating
entities identified in paragraph e of subdivision [six] FIVE of this
section submit a notice of intent to provide the service in the form,
function and utility required, said service shall be purchased in
accordance with this section. If more than one preferred source or
facilitating entity identified in paragraph e of subdivision [six] FIVE
of this section submits notification of intent and meets the require-
ments, costs shall be the determining factor for purchase among the
preferred sources;
A. 7452 14
(iii) if, within ten days of the notification required by subparagraph
(i) of this paragraph, no preferred source or facilitating entity iden-
tified in paragraph e of subdivision [six] FIVE of this section indi-
cates intent to provide the service, then the service shall be procured
in accordance with section one hundred sixty-three of this article. If,
after such period, a preferred source elects to bid on the service,
award shall be made in accordance with section one hundred sixty-three
of this article or as otherwise provided by law.
c. For the purposes of commodities and services produced by special
employment programs operated by facilities approved or operated by the
office of mental health, facilities within the office of mental health
shall be exempt from the requirements of subparagraph (i) of paragraph a
of this subdivision. When such requirements of the office of mental
health cannot be met pursuant to subparagraph (ii) [or (iii)] of para-
graph a of this subdivision, or paragraph b of this subdivision, the
office of mental health may purchase commodities and services which are
competitive in price and comparable in quality to those which could
otherwise be obtained in accordance with this article, from special
employment programs operated by facilities within the office of mental
health or other programs approved by the office of mental health.
§ 22. Subparagraph (ii) of paragraph a of subdivision 4 of section 162
of the state finance law, as added by chapter 83 of the laws of 1995, is
amended to read as follows:
(ii) When commodities are available, in the form, function and utility
required by, a state agency or political subdivision or public benefit
corporation having their own purchasing agency, and such commodities are
not available pursuant to subparagraph (i) of this paragraph, said
commodities shall then be purchased from [approved charitable non-pro-
fit-making agencies for the blind] A QUALIFIED NON-PROFIT-MAKING AGENCY
FOR OTHER SEVERELY DISABLED PERSONS, A QUALIFIED SPECIAL EMPLOYMENT
PROGRAM FOR MENTALLY ILL PERSONS, OR A QUALIFIED VETERANS' WORKSHOP
PROVIDED, HOWEVER, THE PREFERRED SOURCE SHALL PERFORM FIFTY PERCENT OR
MORE OF THE WORK;
§ 23. Subdivision 5 of section 162 of the state finance law is
REPEALED and subdivisions 6, 7, 8, and 9 are renumbered subdivisions 5,
6, 7 and 8.
§ 24. The opening paragraph and paragraph a of subdivision 5 of
section 162 of the state finance law, as amended by chapter 565 of the
laws of 2022 and as renumbered by section twenty-three of this act, is
amended to read as follows:
Prices charged by agencies for the blind, other disabled and veterans'
entity, AND THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
a. [Except with respect to the correctional industries program of the
department of corrections and community supervision, it] IT shall be the
duty of the commissioner to determine, and from time to time review, the
prices of all commodities and to approve the price of all services
provided by THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION AND
preferred sources as specified in this section offered to state agen-
cies, political subdivisions or public benefit corporations having their
own purchasing office. The commissioner's price review and approval
shall not be required for any purchases below one hundred thousand
dollars.
§ 25. Subparagraph 9 of paragraph a of subdivision 3 of section 139-j
of the state finance law, as amended by chapter 265 of the laws of 2013,
is amended to read as follows:
A. 7452 15
(9) Any communications relating to a governmental procurement made
under section one hundred sixty-two of the state finance law undertaken
by (i) the non-profit-making agencies appointed pursuant to paragraph e
of subdivision [six] FIVE of section one hundred sixty-two of the state
finance law by the commissioner of the office of children and family
services, the commission for the blind, or the commissioner of educa-
tion, and (ii) the qualified charitable non-profit-making agencies for
the blind, and qualified charitable non-profit-making agencies for other
severely disabled persons as identified in subdivision two of section
one hundred sixty-two of this chapter; provided, however, that any
communications which attempt to influence the issuance or terms of the
specifications that serve as the basis for bid documents, requests for
proposals, invitations for bids, or solicitations of proposals, or any
other method for soliciting a response from offerers intending to result
in a procurement contract with a state agency, the state legislature,
the unified court system, a municipal agency or local legislative body
shall not be exempt from the provisions of this paragraph; PROVIDED,
HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS RECOG-
NIZING OR CREATING ANY NEW RIGHTS, DUTIES OR RESPONSIBILITIES OR ABRO-
GATING ANY EXISTING RIGHTS, DUTIES OR RESPONSIBILITIES OF ANY GOVERN-
MENTAL ENTITY AS IT PERTAINS TO IMPLEMENTATION AND ENFORCEMENT OF
ARTICLE ELEVEN OF THIS CHAPTER OR ANY OTHER PROVISION OF LAW DEALING
WITH THE GOVERNMENTAL PROCUREMENT PROCESS, AND THAT NOTHING IN THIS
SUBDIVISION SHALL BE INTERPRETED TO LIMIT THE AUTHORITY OF A GOVERN-
MENTAL ENTITY INVOLVED IN A GOVERNMENT PROCUREMENT BY EXERCISE OF AN
OVERSIGHT FUNCTION FROM PROVIDING INFORMATION TO OFFERERS REGARDING THE
STATUS OF THE REVIEW, OVERSIGHT, OR APPROVAL OF A GOVERNMENTAL PROCURE-
MENT THAT HAS BEEN SUBMITTED TO OR IS UNDER REVIEW BY THAT GOVERNMENTAL
ENTITY;
§ 26. Subparagraph (G) of the second undesignated paragraph of subdi-
vision (c) of section 1-c of the legislative law, as amended by chapter
265 of the laws of 2013, is amended to read as follows:
(G) Any activity relating to governmental procurements made under
section one hundred sixty-two of the state finance law undertaken by (i)
the non-profit-making agencies appointed pursuant to paragraph e of
subdivision [six] FIVE of section one hundred sixty-two of the state
finance law by the commissioner of the office of children and family
services, the commission for the blind, or the commissioner of educa-
tion, and (ii) the qualified charitable non-profit-making agencies for
the blind, and qualified charitable non-profit-making agencies for other
severely disabled persons as identified in subdivision two of section
one hundred sixty-two of the state finance law; provided, however, that
any attempt to influence the issuance or terms of the specifications
that serve as the basis for bid documents, requests for proposals, invi-
tations for bids, or solicitations of proposals, or any other method for
soliciting a response from offerers intending to result in a procurement
contract with a state agency, the state legislature, the unified court
system, a municipal agency or local legislative body shall not be exempt
from the definition of "lobbying" or "lobbying activities" under this
subparagraph;
§ 27. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
A. 7452 16
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 28. This act shall take effect immediately; provided, however, that
the amendments to section 189 of the correction law made by section
fourteen of this act shall be subject to the expiration and reversion of
such section pursuant to subdivision h of section 74 of chapter 3 of the
laws of 1995, as amended, when upon such date the provisions of section
fifteen of this act shall take effect; provided further, however, that
the amendments to subparagraph (ii) of paragraph a of subdivision 4 of
section 162 of the state finance law made by section twenty-one of this
act shall be subject to the expiration and reversion of such subpara-
graph pursuant to section 2 of chapter 91 of the laws of 2023, as
amended, when upon such date the provisions of section twenty-two of
this act shall take effect; provided further, that the amendments to
section 139-j of the state finance law made by section twenty-five of
this act shall not affect the repeal of such section and shall be deemed
repealed therewith.