NY State Senate Bill 2023-S9384

Senate Bill S9384

2023-2024 Legislative Session

Requires state employees attend annual implicit bias training and certain public officials attend annual management training

download bill text pdf

Current Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 14, 2024	referred to labor

2023-S9384 (ACTIVE) - Details

See Assembly Version of this Bill:: A9333
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §27-e, Lab L; amd §80, Leg L

2023-S9384 (ACTIVE) - Summary

Requires state employees attend annual implicit bias training and the governor, lieutenant governor, attorney general, comptroller, and members of the legislature attend annual management training.

2023-S9384 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9384

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the labor law and the legislative law, in relation to
requiring state employees attend annual implicit bias training and
certain public officials attend annual management training

 
PURPOSE OR GENERAL IDEA OF BILL:

To require state employees to attend annual implicit bias training and
to require certain public officials to attend annual management train-
ing.

 
SUMMARY OF PROVISION:

Section 1: Amends the labor law through the addition of section 27-e
which defines key terms such as "employer", "employee", and "implicit
bias training". This section requires employers to provide implicit bias
training to their employees and to submit a copy of the training to the
appropriate department for documentation.

Section 2: Amends the 2022 legislative law by adding paragraph m which
requires the governor, lieutenant governor, attorney general, comp-
troller, members of the state legislature, and legislative employees to
complete mandatory annual management training. This includes but is not
limited to diversity training. This program should also be available to
any employees of such elected officials, executive employees, and any
other employee of the state.

Section 3: This act shall take effect on the first of January next
succeeding the date on which it shall have become a law.

 
JUSTIFICATION:

Implicit bias training is vital for cultivating a just and inclusive
workplace environment. It facilitates diversity, mitigates discrimi-
nation, and fosters equity by raising awareness of individual cognitive
processes and uncovering the roots of implicit associations. This train-
ing seeks to equip employees with the tools to manage biases, modify
behavior, and monitor progress' effectively.  Similarly, management
training for public officials is essential for enhancing effective lead-
ership and decision-making capabilities, thereby positively influencing
the broader landscape of New York State. This bill underscores the
significance of fostering positive work environments while proactively
addressing and mitigating unconscious biases. By promoting equitable
treatment and advancing progressive values, it seeks to propel New York
State towards a more inclusive future.

 
PRIOR LEGISLATIVE HISTORY:

A4185 of 2023-2024; Referred to governmental employees

S3050 of 2023-2024; Referred to labor

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD.
 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2023-S9384 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9384
 
                             I N  S E N A T E
 
                               May 14, 2024
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law and the legislative law,  in  relation  to
   requiring  state  employees  attend  annual implicit bias training and
   certain public officials attend annual management training
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  labor law is amended by adding a new section 27-e to
 read as follows:
   § 27-E.  ANNUAL  IMPLICIT  BIAS  TRAINING.  1.  DEFINITIONS.  FOR  THE
 PURPOSES OF THIS SECTION:
   A. "EMPLOYER" MEANS: (1) THE STATE; (2) A POLITICAL SUBDIVISION OF THE
 STATE;  (3)  A  PUBLIC  AUTHORITY,  A PUBLIC BENEFIT CORPORATION, OR ANY
 OTHER GOVERNMENTAL AGENCY OR INSTRUMENTALITY THEREOF; (4) AN  AUTHORIZED
 AGENCY  AS  DEFINED IN PARAGRAPH (A) OF SUBDIVISION TEN OF SECTION THREE
 HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES  LAW  THAT  ACCEPTS  CHILDREN
 ADJUDICATED  DELINQUENT UNDER ARTICLE THREE OF THE FAMILY COURT ACT; AND
 (5) MEMBERS OF THE LEGISLATURE.
   B. "EMPLOYEE" MEANS A PUBLIC EMPLOYEE WORKING FOR AN EMPLOYER.
   C. "IMPLICIT BIAS TRAINING" MEANS A TRAINING PROGRAM DESIGNED TO  HELP
 INDIVIDUALS  BECOME  AWARE  OF THEIR IMPLICIT BIASES AND EQUIP THEM WITH
 TOOLS AND STRATEGIES TO ACT OBJECTIVELY, LIMITING THE INFLUENCE OF THEIR
 IMPLICIT BIASES.
   2. EMPLOYEE INFORMATION AND TRAINING.  EVERY  EMPLOYER  SHALL  CONDUCT
 IMPLICIT  BIAS  TRAINING TO ITS EMPLOYEES. A COPY OF SUCH TRAINING SHALL
 BE FILED WITH THE DEPARTMENT.
   § 2. Paragraphs i, k and l of subdivision  7  of  section  80  of  the
 legislative  law,  paragraph  i as amended by chapter 841 of the laws of
 2022 and paragraphs k and l as amended by section 4 of part QQ of  chap-
 ter  56  of the laws of 2022, are amended and a new paragraph m is added
 to read as follows:
   i. Upon written request from any person who is subject to  the  juris-
 diction  of  the  commission  and  the requirements of sections seventy-
 three, seventy-three-a and seventy-four of the public officers law,  and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13967-02-4
 S. 9384                             2
 
 section  five-b  of  this chapter render formal advisory opinions on the
 requirements of said provisions. A formal written  opinion  rendered  by
 the commission, until and unless amended or revoked, shall be binding on
 the  legislative ethics commission in any subsequent proceeding concern-
 ing the person who requested the opinion and who acted  in  good  faith,
 unless  material  facts  were  omitted or misstated by the person in the
 request for an opinion. Such opinion may also be  relied  upon  by  such
 person,  and may be introduced and shall be a defense in any criminal or
 civil action. The commission on ethics and lobbying in government  shall
 not investigate an individual for potential violations of law based upon
 conduct  approved and covered in its entirety by such an opinion, except
 that such opinion shall not prevent or preclude an investigation of  and
 report  to  the  legislative ethics commission concerning the conduct of
 the person who obtained it by the commission on ethics and  lobbying  in
 government  for  violations of section seventy-three, seventy-three-a or
 seventy-four of the public officers law and section [5-b] FIVE-B of this
 chapter to determine whether the person accurately and fully represented
 to the legislative ethics commission the facts relevant  to  the  formal
 advisory  opinion  and  whether  the person's conduct conformed to those
 factual representations.  The  commission  on  ethics  and  lobbying  in
 government  shall  be authorized and shall have jurisdiction to investi-
 gate potential violations of the law arising from conduct outside of the
 scope of the terms of the advisory opinion; [and]
   k. Develop educational materials and training with regard to  legisla-
 tive  ethics  for  members  of the legislature and legislative employees
 including an online ethics orientation course for newly-hired  employees
 and,  as requested by the senate or the assembly, materials and training
 in relation to a comprehensive ethics training program; [and]
   l. Prepare an annual report to the governor and legislature  summariz-
 ing the activities of the commission during the previous year and recom-
 mending any changes in the laws governing the conduct of persons subject
 to  the  jurisdiction  of  the commission, or the rules, regulations and
 procedures  governing  the  commission's  conduct.  Such  report   shall
 include:  (i)  a listing by assigned number of each complaint and report
 received from the commission on ethics and lobbying in government  which
 alleged  a  possible  violation  within  its jurisdiction, including the
 current status of each complaint, and  (ii)  where  a  matter  has  been
 resolved,  the  date  and  nature  of  the  disposition and any sanction
 imposed, subject to the confidentiality requirements  of  this  section.
 Such  annual  report shall not contain any information for which disclo-
 sure is not permitted pursuant to subdivision twelve of this section[.];
 AND
   M. PROVIDE MANDATORY ANNUAL  MANAGEMENT  TRAINING  FOR  THE  GOVERNOR,
 LIEUTENANT GOVERNOR, ATTORNEY GENERAL, COMPTROLLER, MEMBERS OF THE STATE
 LEGISLATURE,  AND  LEGISLATIVE EMPLOYEES WHICH SHALL INCLUDE, BUT NOT BE
 LIMITED TO, DIVERSITY TRAINING. SUCH PROGRAM SHALL ALSO BE AVAILABLE  TO
 ANY  EMPLOYEES  OF  SUCH ELECTED OFFICIALS, EXECUTIVE EMPLOYEES, AND ANY
 OTHER EMPLOYEE OF THE STATE.
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.