Senate Bill S1208

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1208
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BRISPORT,  CLEARE, GONZALEZ, MAY, PARKER,
   RIVERA, SALAZAR -- 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.
                                                            LBD03188-01-5
              

 S. 1208                             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] SUCH WARDEN OR  SUPERINTENDENT'S
 credit  as  such warden, or superintendent, in such bank or banks as may
 be designated by the comptroller, all the moneys  received  by  [him  or
 her] SUCH WARDEN OR SUPERINTENDENT as such warden, or superintendent, 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] SUCH WARDEN OR SUPER-
 INTENDENT'S affidavit that  the  sum  so  deposited  is  all  the  money
 S. 1208                             3
 
 received  by  [him or her] SUCH WARDEN OR SUPERINTENDENT as incarcerated
 individuals' funds during the month. Any bank  in  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] SUCH COMP-
 TROLLER'S approval, for such sum as [he or she] SUCH  COMPTROLLER  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  superinten-
 dent,  subject  to  the  direction of the commissioner, for welfare work
 among the incarcerated individuals in his or her custody. The withdrawal
 of moneys so deposited by such warden, or superintendent, as incarcerat-
 ed 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 individuals' funds. As used in this section, the  term
 "  incarcerated individuals' funds" means the funds in the possession of
 the incarcerated individual at the time of [his or her] SUCH INCARCERAT-
 ED INDIVIDUAL'S admission into the institution, funds earned by [him  or
 her]  SUCH  INCARCERATED  INDIVIDUAL  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] SUCH INCARCERATED INDIVIDUAL or on
 [his or her] SUCH INCARCERATED INDIVIDUAL'S behalf  and  deposited  with
 such  warden  or  superintendent  in accordance with the rules and regu-
 lations 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 THEIR DESIGNEE;
   (B) THE DEPUTY COMMISSIONER FOR PROGRAMS OR THEIR DESIGNEE;
   (C) THE COMMISSIONER OF THE DEPARTMENT OF LABOR OR THEIR DESIGNEE;
   (D)  THE  COMMISSIONER OF THE DIVISION OF HUMAN RIGHTS OR THEIR DESIG-
 NEE;
   (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  INCARCERATED  LIAISON  COMMITTEE  AND  SHALL  SERVE TERMS AS
 DEFINED BY THIS SECTION;
 S. 1208                             4
 
   (I) ONE CURRENTLY INCARCERATED INDIVIDUAL FROM A WOMEN'S  CORRECTIONAL
 FACILITY.  SUCH INDIVIDUAL SHALL BE APPOINTED BY THEIR FACILITY'S INCAR-
 CERATED LIAISON COMMITTEE AND SHALL SERVE A  TERM  AS  DEFINED  BY  THIS
 SECTION;
   (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 THEIR DESIGNEE  AND  THE  COMMISSIONER  OF  THE
 DEPARTMENT  OF LABOR OR THEIR DESIGNEE SHALL SERVE AS CO-CHAIRPERSONS 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 SUCH CHOSEN MEMBER IS TO SUCCEED. VACANCIES CAUSED BY  THE  EXPIRA-
 TION OF TERM OR OTHERWISE SHALL BE FILLED IN THE SAME MANNER AS ORIGINAL
 APPOINTMENTS.
   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
 S. 1208                             5
 
   (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.
   13.  WITHIN  ONE  YEAR  OF THE ENACTMENT OF THIS SECTION, BUT NO LATER
 THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, AND ANNUALLY THERE-
 AFTER, THE LABOR BOARD SHALL REPORT TO THE GOVERNOR, THE TEMPORARY PRES-
 IDENT 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.
 S. 1208                             6

   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.
   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 INCARCERATED INDIVIDUAL'S
 imprisonment.
   § 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]  SUCH  INCARCERATED  INDIVIDUAL'S
 work,  shall  be  contracted,  let,  farmed  out,  given or sold to [any
 person, firm, association or corporation; 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  poli-
 tical  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  proc-
 essing  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 REQUIREMENTS 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
 S. 1208                             7
 
 ANY  PUBLIC OR NONPROFIT ENTITY, PRIVATE ENTITY, SHAREHOLDER OR INDIVID-
 UAL.
   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 SUCH INCARCERATED INDIVIDUAL'S 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
 CONSEQUENCES;
   (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
 S. 1208                             8
 
 ANY CORRECTIONAL FACILITY, JAIL, REFORMATORY, OR  OTHER  INSTITUTION  IN
 THE  STATE  SHALL,  WITHIN  TEN  YEARS  AFTER  THE  ACTS ALLEGED TO HAVE
 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] SUCH COMMISSIONER'S 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 CHAPTER. 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 established 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 diver-
 sification of industries 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 presentation 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.
 S. 1208                             9
 
   § 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
 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] SUCH COMMISSIONER'S  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 practicable,] INCARCERATED INDIVIDUALS in  occupations  in  which
 they will be most likely to obtain employment after their discharge from
 imprisonment.  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 here-
 after  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 machin-
 ery, 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]
 SUCH  COMMISSIONER'S 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] SUCH INCARCERATED
 INDIVIDUAL'S imprisonment.   Such compensation shall be  graded  by  the
 [department  of corrections and community supervision] LABOR BOARD, with
 regard to  incarcerated  individuals  [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,
 S. 1208                            10

 based  upon  the  work  performed by such incarcerated individuals] THIS
 CHAPTER.
   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] SUCH INCARCERATED INDIVIDUAL'S dependents  or
 held  in  trust for [him or her] SUCH INCARCERATED INDIVIDUAL until [his
 or her] SUCH INCARCERATED INDIVIDUAL'S 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 738  of
 the laws of 1942, is amended to read as follows:
   §  189. Disposition of moneys paid to [prisoner] INCARCERATED INDIVID-
 UAL for [his] SUCH  INCARCERATED  INDIVIDUAL'S  labor.    THE  EARNINGS,
 INCLUDING  ANY  ACCRUED  INTEREST, OF AN INCARCERATED INDIVIDUAL PARTIC-
 IPATING 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  [compen-
 sation] EARNINGS to the credit of any [prisoner] INCARCERATED INDIVIDUAL
 may be drawn by the [prisoner] INCARCERATED INDIVIDUAL during [his] SUCH
 INCARCERATED  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 commis-
 sioner 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 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] SUCH INCARCERAT-
 ED INDIVIDUAL'S 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] INCAR-
 CERATED INDIVIDUAL the balance as aforesaid shall be paid to such [pris-
 oner] INCARCERATED INDIVIDUAL.
   §  15.  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] SUCH INCARCERATED INDIVIDUAL'S  hands  as  such
 S. 1208                            11
 
 warden  during such last preceding month as the proceeds of the labor of
 the [prisoners] INCARCERATED INDIVIDUALS 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] SUCH WARDEN forwarded to the department AND THE
 LABOR BOARD.
   §  16.  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]  SUCH
 INCARCERATED  INDIVIDUAL  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] SUCH INCARCERATED INDIVIDUAL'S dependents  or
 held  in  trust for [him or her] SUCH INCARCERATED INDIVIDUAL until [his
 or her] SUCH INCARCERATED INDIVIDUAL'S 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
 BE  PROVIDED  TO  EMPLOYEES  UNDER  FEDERAL AND STATE LABOR LAW SHALL BE
 PROVIDED TO INCARCERATED INDIVIDUALS ENGAGED IN EDUCATIONAL, CAREER  AND
 INDUSTRIAL TRAINING PROGRAMS.
   §  17.    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.
   §  18. 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
 S. 1208                            12
 
 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
 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.
   § 19. Subparagraph (iii) of paragraph a of subdivision  4  of  section
 162 of the state finance law is REPEALED.
   §  20.  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
 S. 1208                            13
 
 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;
   (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
 S. 1208                            14
 
 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.
   § 21. 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;
   § 22. 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.
   § 23. 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-two  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.
   §  24. 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:
   (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-
 S. 1208                            15
 
 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;
   § 25. 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;
   §  26. 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-
 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.
   §  27.  This act shall take effect immediately; provided, however that
 the relettering of paragraphs d, e and f of subdivision 2 of section 162
 of the state finance law made by section eighteen of this act shall  not
 affect  the  expiration  of  such paragraphs and shall expire therewith;
 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 of this act shall be subject  to  the  expiration
 and  reversion  of such subparagraph pursuant to section 2 of chapter 91
 of the laws of 2023, as amended, when upon such date the  provisions  of
 section twenty-one of this act shall take effect; provided further, that
 the amendments to section 139-j of the state finance law made by section
 twenty-four  of this act shall not affect the repeal of such section and
 shall be deemed repealed therewith.