S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6142--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2025
                                ___________
 
 Introduced  by M. of A. JACKSON, HEVESI, SEPTIMO, MEEKS -- read once and
   referred to the Committee  on  Labor  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the labor law and the legislative law,  in  relation  to
   requiring  state  employees and certain public officials attend annual
   implicit bias 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-f to
 read as follows:
   § 27-F.  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 OR ELECTED OFFICIAL 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, IN COOPERATION
 WITH THE LEGISLATIVE ETHICS COMMISSION, SHALL  PROVIDE  ANNUAL  IMPLICIT
 BIAS  TRAINING  TO ITS EMPLOYEES.   SUCH TRAINING SHALL BE IN ACCORDANCE
 WITH THE ANNUAL IMPLICIT BIAS TRAINING PROGRAM WHICH IS CONDUCTED BY THE

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05360-02-5
 A. 6142--A                          2
              

 
 LEGISLATIVE ETHICS COMMISSION UNDER PARAGRAPH M OF SUBDIVISION SEVEN  OF
 SECTION EIGHTY OF THE LEGISLATIVE LAW.
   §  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
 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.  CREATE AN ANNUAL IMPLICIT BIAS TRAINING PROGRAM AND PROVIDE MANDA-
 TORY  ANNUAL  IMPLICIT BIAS TRAINING FOR THE GOVERNOR, LIEUTENANT GOVER-
 NOR, ATTORNEY GENERAL, COMPTROLLER, MEMBERS OF  THE  STATE  LEGISLATURE,
 AND  LEGISLATIVE  EMPLOYEES  WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO,
 A. 6142--A                          3
 
 HELPING INDIVIDUALS BECOME AWARE OF THEIR IMPLICIT BIASES AND EQUIP THEM
 WITH TOOLS AND STRATEGIES TO ACT OBJECTIVELY, LIMITING THE INFLUENCE  OF
 THEIR  IMPLICIT  BIASES.  SUCH  PROGRAM  SHALL  ALSO  BE PROVIDED TO ANY
 EMPLOYEES  OF SUCH ELECTED OFFICIALS, EXECUTIVE EMPLOYEES, AND ANY OTHER
 EMPLOYEE OF THE STATE UNDER SECTION TWENTY-SEVEN-F OF THE LABOR LAW.
   § 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.