S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6747
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 8, 2023
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN  ACT  to  amend the correction law, in relation to establishing a New
   York state prison labor board to ensure that all labor programs comply
   with the requirements of the labor law and  are  for  the  purpose  of
   promoting  successful  rehabilitation,  reentry and reintegration into
   the community and not for the  purpose  of  earnings  or  cost-savings
   which  inure  to the benefit of the state or any private individual or
   corporation, prohibiting the department of corrections  and  community
   supervision  from  unfairly  attaching,  garnishing  or disbursing the
   funds of incarcerated individuals  where  such  individuals  have  not
   requested disbursement, and requiring that all interest accumulated on
   incarcerated  individuals'  funds  be  credited  to  such individual's
   accounts; and to repeal sections 184, 185 and 186  of  the  correction
   law  relating thereto; to amend the state finance law and the legisla-
   tive law, in relation to  eliminating  the  preferred  status  of  the
   department  of corrections and community supervision regarding commod-
   ities and services furnished by the correctional  industries  program;
   and  to repeal certain provisions of the state finance law relating to
   such preferred status
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  Title. This act shall be known and may be cited as
 the "fairness and opportunity for incarcerated workers act".
   § 2. Legislative findings and intent. The legislature hereby  declares
 that:
   1.  The  current system of prison labor in New York is an outgrowth of
 the legacy of slavery and has been allowed  to  continue  in  our  state
 because  of  the exception created in the 13th Amendment which abolished
 slavery "except as punishment for a crime."

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00136-02-3
              

 S. 6747                             2
 
   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
 S. 6747                             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;
 S. 6747                             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.
 S. 6747                             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.
 S. 6747                             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.
 S. 6747                             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
 S. 6747                             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
 S. 6747                             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.
 S. 6747                            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
 S. 6747                            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
 S. 6747                            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
 S. 6747                            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;
 S. 6747                            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:
 S. 6747                            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-
 S. 6747                            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.