Rpld 184, 185 & 186, amd Cor L, generally; rpld 162 sub 2 a, sub 4 a sub (iii), sub 5, amd 162 & 139-j, St
Fin L; amd 1-c, Leg L
Establishes 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 the state or any private individual or corporation; prohibits 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; requires that all interest accumulated on incarcerated individuals' funds be credited to such individual's accounts; eliminates the preferred status of the department of corrections and community supervision regarding commodities and services furnished by the correctional industries program; and repeals certain provisions of the state finance law relating to such preferred status.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7452
SPONSOR: Epstein TITLE OF BILL:
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 corpo-
ration, prohibiting the department of corrections and community super-
vision 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 incarcerat-
ed 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 legislative law, in relation to
eliminating the preferred status of the department of corrections and
community supervision regarding commodities and services furnished by
the correctional industries program; and to repeal certain provisions of
the state finance law relating to such preferred status
PURPOSE:
This bill establishes a New York state prison labor board to create,
monitor and enforce an equitable and rehabilitative system of prison
labor; abolishes penal servitude by prohibiting the forced labor of
incarcerated individuals; provides fair wages and treatment of incarcer-
ated individuals; prohibits the use of the labor of incarcerated indi-
viduals for earnings which inure to the benefit of the state of New
York, the government of the United States, any state of the United
States, any public corporation, or any private shareholder or individ-
ual.
SUMMARY OF PROVISIONS:
Section 1 provides for the title of this bill which is the "Fairness and
Opportunity for Incarcerated Workers Act".
Section 2 provides the legislative findings and intent that list the
current issue regarding forced prison labor, current safety hazards, and
a lack of a viable rehabilitative system.
Section 3 amends the correction law by adding subdivisions 35 and 36
that define the terms, "Labor program", and "Labor-board".
Section 4 amends section 116 of the correction law by adding chapter 322
of the laws of 2021 which explains the scheduled process of depositing
the income of prisoners by the warden or superintendent. It also
outlines the system for withdrawing funds during incarceration.
Section 5 amends the correction law by adding section 200-a which estab-
lishes the Prison Labor Board, by defining the membership allowances,
which allows prisoners to participate, and the replacement system in
place. Along with this it also stipulates the hierarchy of reports, the
goals of this board when it comes to identifying viable programs, estab-
lishing pay amounts, and oversight to ensure that these programs are
being followed accurately. Lastly, it recommends further study to ensure
the productivity of these programs.
Section 6 amends section 154 of the correction law by adding chapter 788
of the laws of 1968 which outline what an incarcerated individual's
wages can be used for. Under the purview of the commissioner, these
funds can be used to cover incident costs, support the prisoner's depen-
dents, and the payment of court fees. All remaining fees will be paid
out to the prisoner upon release from incarceration by check.
Section 7 amends subdivision 1 of section 170 of the correction law by
adding chapter 322 of the laws of 2021 that restricts the commissioner
or any authority from making any contracts regarding an inmate's labor
with any person, firm, association, or corporation that is not a part of
the State.
Section 8 amends section 171 of the correction law by adding chapter 364
of the laws of 1983 by establishing the terms and conditions of labor
programs.
Section 9 amends subdivision 3 of section 177 of the correction law by
adding chapter 322 of the laws of 2021 stipulates the powers of the
sheriff of the correctional facility and the commissioner of corrections
and community supervision concerning the distribution, marketing, and
sale of all products that are created in correctional facilities.
Section 10 amends section 178 of the correction law by adding chapter
322 of the laws of 2021 which state that any private employment of
incarcerated individuals as part of a work release or residential treat-
ment facility program is independent of this article, but must adhere to
the requirements of the chapter.
Section 11 amends subdivisions 1 and 2 of section 183 of the correction
law. Subdivision 1 is amended by section 26 of subpart A of part C of
chapter 62 of the laws of 2011 which state that it is up to the decision
of the commissioner to allocate labor for incarcerated individuals in
their correctional institution. This section amends Subdivision 2 by
adding chapter 464 of the laws of 1981 which state that the commissioner
must submit quarterly reports to the labor board, senate finance commit-
tee, assembly ways and means committee, and the director of the budget
for oversight.
Section 12 repeals sections 184, 185, and 186 of the correction law.
Section 13 amends section 187 of the correction law by adding chapter
322 of the laws of 2021 which says that every incarcerated individual in
a state correctional facility shall receive compensation for work
performed during their imprisonment.
Section 14 amends section 189 of the correction law by using chapter 3
of the laws of 1995 which directly states that the earnings from an
incarcerated individual can be taken without consent to give aid to a
dependent relative upon the approval of the commissioner of social
services.
Section 15 amends section 189 of the correction law by adding chapter
738 of the laws of 1942 which dictate the control and usage of an incar-
cerated individual's earnings during the course of their incarceration.
Which will be under the purview of the department and stored in a trust
fund until it shall be used for the allowed purposes highlighted in this
article.
Section 16 amends section 190 of the correction law by adding section 23
of subpart B of part C of chapter 62 of the laws of 2011 which stipu-
lates a comprehensive monthly statement of receipts and expenditures for
each industry. This is included but is not limited to operating costs,
the value of materials, machinery, procured property, and the inflow of
money of the preceding month which must all be submitted to the labor
board.
Section 17 amends subdivisions 2, 3, and 4 of section 200 of the
correction law, by adding chapter 322 of the laws of 2021 that it is the
responsibility of the labor board to facilitate educational and career
training programs to help reintegrate incarcerated individuals into
society upon their release. This is achieved through the use of incen-
tive allowance schedules to encourage incarcerated individuals to
partake in and interact with these programs. Section 6 is amended by
adding chapter 536 of the laws of 1974 that dictate that all incarcerat-
ed individuals must be given the same health and safety protections that
are given to any federal and state employees.
Section 18 repeals subdivision 2 of section 162 of the state finance law
and reletters certain paragraphs to reflect this.
Section 19 amends Subdivision 3 of Section 162 of the state finance law
by adding Chapter 83 of the laws of 1995 which require the commissioner
to create a list of every commodity and service that are available to be
purchased by state agencies and public corporations.
Section 20 repeals subparagraph (iii) of paragraph (a) of subdivision 4
of section 162 of the state finance law.
Section 21 amends subparagraphs listed subparagraphs of subdivision 4 of
section 162 of the state finance law by adding chapter 83 of the laws of
1995 that allow the priority order of who can purchase these commodities
created by incarcerated individuals. It also outlines the purchase proc-
ess for approved organizations and departments.
Section 22 amends subparagraph (ii) of paragraph (a) of subdivision 4 of
section 162 of the state finance law by adding chapter 83 of the laws of
1995 that stipulate where commodities can be purchased should they be
restricted from purchasing commodities from industries that employ
incarcerated individuals.
Section 23 repeals subdivision 5 of section 162 of the state finance law
and renumbers the respective subdivisions listed in this section.
Section 24 amends the opening paragraph and paragraph (a) of subdivision
5 of section 162 of the finance law by adding chapter 565 of the laws of
2022 stating that it is under the purview of the commissioner to deter-
mine prices for all commodities that are produced by the department of
corrections and community supervision.
Section 25 amends subparagraph 9 of paragraph (a) of subdivision 3 of
section 139-j of the state finance law by adding chapter 265 of the laws
of 2013 which reiterate that no communication can create any new rights,
duties, or responsibilities under the governmental procurement process.
Section 26 amends subparagraph G of the second undesignated paragraph of
subdivision (c) of section 1-c of the legislative law by adding chapter
265 of the laws of 2013 that define lobbying" and "lobbying activities"
in the context of purchasing commodities.
Section 27 lists the terms of the severability clause of this bill.
Section 28 provides for the effective date.
JUSTIFICATION:
The 2017 Pulitzer Prize winner in History Heather Ann Thompson described
forced prison labor as an "institutional descendant of slavery" and the
associate director of the Human Rights Defense Center, a prisoners'
rights advocacy group, defined prison labor as prison slave labor.
Forced prison labor can be traced back to Black Codes where Southern
states enacted the racist convict-lease system following the Civil War,
which allowed former slaves to be rented back to their former masters.
Even the courts endorsed the practice. For example, in 1871 the Supreme
Court of Virginia referred to prisoners as "slaves of the state."
Involuntary servitude is a violation of human rights and dignity. More-
over, using labor as a scourge rather than offering the opportunity to
work as a reward, deprives our corrections system of a tool to rehabili-
tate incarcerated individuals. By extirpating this vestige of slavery,
New York State will no longer be a participant in a practice that traces
its origins to our greatest sin.
LEGISLATIVE HISTORY:
S416A of 2021-22: Referred to Crime Victims, Crime and Correction.
S8851 of 2020: Referred to Rules.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
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 16
laws of 1995, as amended, when upon such date the provisions of section
17 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
subparagraph 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.
STATE OF NEW YORK
________________________________________________________________________
7452
2023-2024 Regular Sessions
IN ASSEMBLY
May 22, 2023
___________
Introduced by M. of A. EPSTEIN -- read once and referred to the Commit-
tee on 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:
1 Section 1. Short Title. This act shall be known and may be cited as
2 the "fairness and opportunity for incarcerated workers act".
3 § 2. Legislative findings and intent. The legislature hereby declares
4 that:
5 1. The current system of prison labor in New York is an outgrowth of
6 the legacy of slavery and has been allowed to continue in our state
7 because of the exception created in the 13th Amendment which abolished
8 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
A. 7452 2
1 2. The history of prison labor in New York can be traced back to
2 Auburn Prison, where a cruel and dehumanizing system of forced labor was
3 established 200 years ago with the goal of creating a self-sustaining
4 prison system.
5 3. Today, incarcerated individuals are forced to work under threat of
6 punishment; hourly wages range from ten to sixty-five cents an hour and
7 have not increased since 1993; work conditions are unsafe and have
8 resulted in serious injury and even death; assigned work programs are
9 insufficient to provide incarcerated individuals with the skills and
10 training necessary for successful rehabilitation, reentry and reinte-
11 gration into the community; and there currently exists no means by which
12 incarcerated individuals can organize to work toward improving these
13 conditions.
14 4. The labor of incarcerated individuals has been used to create
15 millions of dollars of profits and cost-savings for the state.
16 5. The current system of prison labor is a violation of human rights
17 and an affront to human dignity.
18 6. The Fairness and Opportunity for Incarcerated Workers Act will: end
19 forced labor; provide for a minimum wage, healthy and safe working
20 conditions, and the right to organize; and require that all work
21 programs provide incarcerated individuals with the skills and training
22 necessary for successful rehabilitation, reentry, and reintegration into
23 the community. The act also establishes a labor board to ensure that
24 these requirements are met; provides a means of redress if labor laws
25 are violated; and eliminates Corcraft's preferred vendor status.
26 § 3. Section 2 of the correction law is amended by adding two new
27 subdivisions 35 and 36 to read as follows:
28 35. "Labor program" means any job or work whereby the department
29 employs, assigns or permits an incarcerated individual to provide
30 services in any correctional facility, jail, reformatory or other insti-
31 tution in the state and for which the minimum wage established by arti-
32 cle nineteen of the labor law would have been due but for such individ-
33 ual's condition of incarceration. Labor programs shall include, but not
34 be limited to, Corcraft prison industry jobs, facility needs jobs,
35 kitchen, laundry, library, groundskeeping and other in-house prison
36 operation and upkeep work, and any other work whereby the labor of an
37 incarcerated individual is contracted, let, farmed out, given or sold to
38 the state, any subdivision thereof, or any public, nonprofit or private
39 entity, shareholder or individual.
40 36. "Labor board" means the prison labor board established pursuant to
41 section 200-a of this chapter.
42 § 4. Section 116 of the correction law, as amended by chapter 322 of
43 the laws of 2021, is amended to read as follows:
44 § 116. [incarcerated] Incarcerated individuals' funds. The warden or
45 superintendent of each of the institutions within the jurisdiction of
46 the department of corrections and community supervision shall deposit at
47 least once in each week to his or her credit as such warden, or super-
48 intendent, in such bank or banks as may be designated by the comp-
49 troller, all the moneys received by him or her as such warden, or super-
50 intendent, as incarcerated individuals' funds, and send to the
51 comptroller and also to the commissioner monthly, a statement showing
52 the amount so received and deposited. Such statement of deposits shall
53 be certified by the proper officer of the bank receiving such deposit or
54 deposits. The warden, or superintendent, shall also verify by his or her
55 affidavit that the sum so deposited is all the money received by him or
56 her as incarcerated individuals' funds during the month. Any bank in
A. 7452 3
1 which such deposits shall be made shall, before receiving any such
2 deposits, file a bond with the comptroller of the state, subject to his
3 or her approval, for such sum as he or she shall deem necessary. Upon a
4 certificate of approval issued by the director of the budget, [pursuant
5 to the provisions of section fifty-three of the state finance law,] the
6 amount of interest, if any, heretofore accrued and hereafter to accrue
7 on moneys so deposited, heretofore and hereafter credited to the warden,
8 or superintendent, by the bank from time to time, shall be [available
9 for expenditure by the warden, or superintendent, subject to the direc-
10 tion of the commissioner, for welfare work among the incarcerated indi-
11 viduals in his or her custody. The withdrawal of moneys so deposited by
12 such warden, or superintendent, as incarcerated individuals' funds,
13 including any interest so credited, shall be subject to his or her
14 check] designated as incarcerated individual's funds. Each warden, or
15 superintendent, shall each month provide the comptroller and also the
16 commissioner with a record of all withdrawals from incarcerated individ-
17 uals' funds. As used in this section, the term " incarcerated individ-
18 uals' funds" means the funds in the possession of the incarcerated indi-
19 vidual at the time of his or her admission into the institution, funds
20 earned by him or her as provided in section one hundred eighty-seven of
21 this chapter, interest accrued on such funds, and any other funds
22 received by him or her or on his or her behalf and deposited with such
23 warden or superintendent in accordance with the rules and regulations of
24 the commissioner. [Whenever the total unencumbered value of funds in an
25 incarcerated individual's account exceeds ten thousand dollars, the
26 superintendent shall give written notice to the office of victim
27 services.]
28 § 5. The correction law is amended by adding a new section 200-a to
29 read as follows:
30 § 200-a. Prison labor board; organization, functions, powers and
31 duties. 1. There is hereby established within the department a prison
32 labor board which, for the purposes of this section, shall be referred
33 to as the "labor board".
34 2. The labor board shall be comprised of the following members:
35 (a) the commissioner or his or her designee;
36 (b) the deputy commissioner for programs or his or her designee;
37 (c) the commissioner of the department of labor or his or her desig-
38 nee;
39 (d) the commissioner of the division of human rights or his or her
40 designee;
41 (e) one formerly incarcerated individual who shall be appointed by the
42 governor;
43 (f) one formerly incarcerated individual who shall be appointed by the
44 chairperson of the assembly committee on correction;
45 (g) one formerly incarcerated individual who shall be appointed by the
46 chairperson of the senate committee on crime victims, crime and
47 correction;
48 (h) three currently incarcerated individuals from the three correc-
49 tional facilities with the largest prison populations and where Corcraft
50 industry is in operation. Such individuals shall be appointed by their
51 facility's inmate liaison committee and shall serve terms as defined by
52 this section;
53 (i) one currently incarcerated individual from a women's correctional
54 facility. Such individual shall be appointed by her facility's inmate
55 liaison committee and shall serve a term as defined by this section;
A. 7452 4
1 (j) two members of nonprofit reentry programs for incarcerated indi-
2 viduals, one of which serves formerly incarcerated individuals in New
3 York city and one of which serves formerly incarcerated individuals
4 statewide; and
5 (k) two members representing organized labor who shall be appointed by
6 the commissioner of the department of labor.
7 3. The commissioner or his or her designee and the commissioner of the
8 department of labor or his or her designee shall serve as co-chairper-
9 sons of the labor board.
10 4. All individuals appointed to the labor board shall have direct
11 experience with or demonstrated knowledge of prison labor programs,
12 vocational and occupational training, or community reentry and reinte-
13 gration programs.
14 5. All members of the labor board shall be equal voting members.
15 6. All members of the labor board shall serve two years after initial
16 appointment. After their initial terms, all members shall serve four-
17 year terms.
18 7. Any member chosen to fill in a vacancy created, other than by expi-
19 ration of term, shall be appointed for the unexpired term of the member
20 whom he or she is to succeed. Vacancies caused by the expiration of term
21 or otherwise shall be filled in the same manner as original appoint-
22 ments.
23 8. The labor board members shall continue in office until the expira-
24 tion of their terms and until their successors are appointed.
25 9. No labor board member shall be appointed to the labor board for
26 more than four consecutive terms.
27 10. Appointments to the labor board shall be made within ninety days
28 of the effective date of this section.
29 11. All nongovernmental labor board members shall be reimbursed for
30 reasonable and necessary expenses related to their official duties as
31 members of the labor board.
32 12. The labor board and each member thereof shall have, but not be
33 limited to the following functions, duties, and powers:
34 (a) to ensure that all labor programs are for the purpose of rehabili-
35 tation and community reentry and reintegration, and not for the purpose
36 of creating profits or cost-savings which inure to the benefit of the
37 state, any subdivision thereof, the department of corrections and commu-
38 nity supervision, any public or nonprofit entity, or any private entity,
39 shareholder, or individual;
40 (b) to develop and implement:
41 (i) uniform rules, regulations, standards, processes, and best prac-
42 tices that all labor programs shall meet; and
43 (ii) uniform rules and regulations that govern the responsibilities of
44 the department and the labor board in designing, implementing, approv-
45 ing, and monitoring labor programs;
46 (c) to approve existing labor programs that meet the requirements of
47 this chapter, to make recommendations for labor programs that are not
48 approved, and to design and implement new labor programs;
49 (d) to ensure that labor programs are made available to all incarcer-
50 ated individuals in an equitable and non-discriminatory manner, and to
51 prohibit the extraction of any form of payment or benefit as a condition
52 of labor program assignment or duties; and
53 (e) to investigate or take such other action as shall be deemed neces-
54 sary or proper with respect to any labor program that does not comply
55 with the requirements of this article.
A. 7452 5
1 13. Within one year of the enactment of this section, but no later
2 than December thirty-first, two thousand twenty-four, and annually ther-
3 eafter, the labor board shall report to the governor, the temporary
4 president of the senate, and the speaker of the assembly the following
5 information for each correctional facility:
6 (a) all activities undertaken by the labor board including approvals,
7 disapprovals, and investigations of current labor programs, and activ-
8 ities related to the creation of new labor programs;
9 (b) a description of the purpose of each labor program, including the
10 skills required to perform the labor and the training or education
11 offered to attain such skills;
12 (c) the wage rate assigned to each type of labor program including
13 variations within the wage rate based on seniority, skills, or other
14 criteria;
15 (d) the physical and environmental hazards that exist for each type of
16 labor program;
17 (e) a datafile consisting of every incarcerated individual participat-
18 ing in a labor program in which each individual is de-identified but is
19 assigned an ID unique to such datafile, which shall include the follow-
20 ing information for each individual for each pay period during the past
21 year:
22 (i) for each incarcerated individual, the wages received by such
23 incarcerated individual with an indication of any amounts that were
24 garnished or attached by the court or the department;
25 (ii) for each incarcerated individual, the total number of hours
26 worked and hourly wage rate assigned to the labor program;
27 (iii) the race, ethnicity, gender, and age for each incarcerated indi-
28 vidual participating in a labor program;
29 (iv) any injuries reported by an incarcerated individual while partic-
30 ipating in a labor program, including a description of the injury
31 received, or exacerbation of an existing injury, the specific labor
32 program in which the injury was received, the treatment administered,
33 and outcome of such treatment; and
34 (v) any reports regarding an incarcerated individual's refusal to work
35 or threatened refusal to work, reasons for such work refusal, and the
36 consequences imposed including, but not limited to, placement on
37 keeplock status, negative behavior reports, fines, or loss of family
38 visitation or other privileges.
39 (f) recommendations for further study to measure the success of the
40 labor program regarding rehabilitation, reentry, and reintegration into
41 the community.
42 § 6. Section 154 of the correction law, as added by chapter 788 of the
43 laws of 1968, subdivision 4 as amended by section 3 of part F of chapter
44 62 of the laws of 2003, is amended to read as follows:
45 § 154. Disposition of [Earnings] earnings. The earnings of [a prison-
46 er] an incarcerated individual participating in a work release program,
47 less any payroll deductions required or authorized by law, shall be
48 deposited with the department in a trust fund account. Such earnings
49 shall not be subject to attachment or garnishment in the hands of the
50 department. The commissioner is authorized [to provide for disbursements
51 from the trust fund account for any or all of the following purposes:
52 1. Such costs incident to the prisoner's confinement as the commis-
53 sioner deems appropriate and reasonable.
54 2. Such costs related to the prisoner's work release program as the
55 commissioner deems appropriate and reasonable.
56 3. Support of the prisoner's dependents.
A. 7452 6
1 4. Payment of court fines, mandatory surcharge, sex offender registra-
2 tion fee, DNA databank fee, restitution or reparation, or forfeitures]
3 and shall approve requests by incarcerated individuals for the disburse-
4 ment of their earnings for commissary purchases, aid to dependents, or
5 any other lawful purposes. The balance of such earnings, if any, after
6 disbursements for any of the foregoing purposes shall be paid [to the
7 prisoner] by check issued by the department and payable to the incarcer-
8 ated individual upon termination of [his] such individual's imprison-
9 ment.
10 § 7. Subdivision 1 of section 170 of the correction law, as amended by
11 chapter 322 of the laws of 2021, is amended to read as follows:
12 1. The commissioner shall not, nor shall any other authority whatsoev-
13 er, make any contract by which the labor or time of any incarcerated
14 individual in any state or local correctional facility in this state, or
15 the product or profit of his or her work, shall be contracted, let,
16 farmed out, given or sold to [any person, firm, association or corpo-
17 ration; except that the incarcerated individuals in said correctional
18 institutions may work for, and the products of their labor may be
19 disposed of to, the state or any political subdivision thereof, any
20 public institution owned or managed and controlled by the state, or any
21 political subdivision thereof, provided that no incarcerated individual
22 shall be employed or assigned to engage in any activity that involves
23 obtaining access to, collecting or processing social security account
24 numbers of other individuals] the state, any subdivision thereof, the
25 department, or any public, nonprofit or private entity, shareholder, or
26 individual unless such labor program is in compliance with the require-
27 ments of this chapter.
28 § 8. Section 171 of the correction law, as amended by chapter 364 of
29 the laws of 1983, the section heading and subdivision 1 as amended by
30 chapter 322 of the laws of 2021, is amended to read as follows:
31 § 171. [Incarcerated individuals to be employed; products of labor of
32 incarcerated individuals] Terms and conditions of labor programs. 1. The
33 commissioner and the superintendents and officials of all penitentiaries
34 in the state may not cause incarcerated individuals in the state correc-
35 tional facilities and such penitentiaries [who are physically capable
36 thereof] to be employed for [not to exceed] more than eight hours of
37 each day other than Sundays and public holidays. Notwithstanding any
38 other provision of this section, however, the commissioner and super-
39 intendents of state correctional facilities may employ incarcerated
40 individuals on a volunteer basis on Sundays and public holidays in
41 specialized areas of the facility, including kitchen areas, vehicular
42 garages, rubbish pickup and grounds maintenance, providing, however,
43 that incarcerated individuals so employed shall be allowed an alterna-
44 tive free day within the normal work week.
45 2. [Such labor] Labor programs shall be [either] for the purpose of
46 [the production of supplies for said institutions, or for the state, or
47 any political subdivision thereof, or for any public institution owned
48 or managed and controlled by the state, or any political subdivision
49 thereof; or for the purpose of industrial training and instruction, or
50 partly for one, and partly for the other of such purposes] promoting
51 successful rehabilitation, reentry and reintegration into the community,
52 and not for the purpose of creating profits or cost-savings which inure
53 to the benefit of the state, any subdivision thereof, the department, or
54 any public or nonprofit entity, private entity, shareholder or individ-
55 ual.
A. 7452 7
1 3. All labor programs shall comply with the following terms and condi-
2 tions:
3 (a) No incarcerated individual shall be compelled, threatened, induced
4 or coerced to provide labor against his or her will by means of actual
5 or threatened force, punishment, sexual harm, or by any other means
6 reasonably likely to cause the incarcerated individual to believe that,
7 if they do not provide such labor, that they or another person would
8 suffer physical, emotional or mental harm, or other adverse conse-
9 quences;
10 (b) The wages paid to incarcerated individuals shall not be less than
11 the minimum wage established by article nineteen of the labor law;
12 (c) All health and safety protections required to be provided to
13 employees under federal and state labor law shall be provided to incar-
14 cerated individuals engaged in labor programs;
15 (d) All incarcerated individuals shall have the right to organize and
16 collectively bargain; and
17 (e) All incarcerated individuals shall be afforded an equal opportu-
18 nity to participate in labor programs and the commissioner, the super-
19 intendents and officials of all correctional facilities, jails, reforma-
20 tories and other institutions shall make all efforts to ensure that
21 assignments are distributed equitably and work is provided to all who
22 request it.
23 4. No incarcerated individual shall be discriminated against in a
24 labor program because of their age, race, creed, color, national origin,
25 sexual orientation, gender identity or expression, military status, sex,
26 disability, predisposing genetic characteristics, familial status, mari-
27 tal status, or status as a victim of domestic violence.
28 5. The department shall not take any retaliatory action against an
29 incarcerated individual, whether or not within the scope of the individ-
30 ual's labor program duties, because such individual does any of the
31 following:
32 (a) discloses, or threatens to disclose to a supervisor or to a public
33 body an activity, policy, or practice of the department that the incar-
34 cerated individual reasonably believes is in violation of law, rule, or
35 regulation, or that the incarcerated individual reasonably believes
36 poses a substantial and specific danger to the public health or safety;
37 (b) provides information to, or testifies before, any public body
38 conducting an investigation, hearing, or inquiry into any such activity,
39 policy or practice by the department; or
40 (c) objects to, or refuses to participate in, any such activity, poli-
41 cy, or practice.
42 6. In no event shall an incarcerated individual be employed in an
43 establishment which has a labor dispute.
44 7. The department of labor shall exercise the same supervision over
45 conditions of employment for incarcerated individuals participating in
46 labor programs as such department does over conditions of employment for
47 non-incarcerated individuals.
48 8. Any incarcerated individual alleging a violation of subdivision
49 three, four, or five of this section against any correctional facility,
50 jail, reformatory, or other institution in the state shall have a cause
51 of action in the court of appropriate jurisdiction for damages and
52 injunctive relief and such other remedies as may be appropriate.
53 9. Any incarcerated individual alleging a violation of subdivision
54 three, four or five of this section against any officer or employee of
55 any correctional facility, jail, reformatory, or other institution in
56 the state shall, within ten years after the acts alleged to have
A. 7452 8
1 violated this section, have a cause of action for damages, including
2 punitive damages, injunctive relief, and such other remedies as may be
3 appropriate together with all reasonable attorney's fees and costs.
4 10. The immunity granted pursuant to subdivision one of section twen-
5 ty-four of this chapter shall not extend to actions brought pursuant to
6 subdivision three, four, or five of this section and any action
7 commenced under this section may be brought in any court of competent
8 jurisdiction, including the supreme court.
9 11. A violation of any of the provisions of subdivision three, four,
10 or five of this section by any officer or employee of any correctional
11 facility, jail, reformatory, or other institution in the state shall
12 constitute sufficient cause for the removal of such employee by the duly
13 constituted authority having jurisdiction.
14 § 9. Subdivision 3 of section 177 of the correction law, as amended by
15 chapter 322 of the laws of 2021, is amended to read as follows:
16 3. However, for the purpose of distributing, marketing or sale of the
17 whole or any part of the product of any correctional facility in the
18 state, other than by said state correctional facilities, to the state or
19 to any political subdivisions thereof or to any public institutions
20 owned or managed and controlled by the state, or by any political subdi-
21 visions thereof, or to any public corporation, authority, or eleemosy-
22 nary association funded in whole or in part by any federal, state or
23 local funds, the sheriff of any such local correctional facility and the
24 commissioner of corrections and community supervision may enter into a
25 contract or contracts which may determine the kinds and qualities of
26 articles to be produced by such institution and the method of distrib-
27 ution and sale thereof by the commissioner of corrections and community
28 supervision or under his or her direction, either in separate lots or in
29 combination with the products of other such institutions and with the
30 products produced by incarcerated individuals in state correctional
31 facilities. Such contracts may fix and determine any and all terms and
32 conditions for the disposition of such products and the disposition of
33 proceeds of sale thereof and any and all other terms and conditions as
34 may be agreed upon, not inconsistent with the constitution or this chap-
35 ter. However, no such contract shall be for a period of more than one
36 year and any prices fixed by such contract shall be [the prices estab-
37 lished pursuant to section one hundred eighty-six of this article for
38 like articles or shall be] approved by the [department of corrections
39 and community supervision] labor board and the director of the budget on
40 presentation to them of a copy of such contract or proposed contract,
41 and provided further that any distribution or diversification of indus-
42 tries provided for by such contract shall be in accordance with the
43 rules and regulations established by the department of corrections and
44 community supervision or shall be approved by such department on presen-
45 tation to it of a copy of such contract or proposed contract.
46 § 10. Section 178 of the correction law, as amended by chapter 322 of
47 the laws of 2021, is amended to read as follows:
48 § 178. Participation in work release and other community activities.
49 Nothing contained in this article shall be construed or applied so as to
50 prohibit private employment of incarcerated individuals in the community
51 under a work release program, or a residential treatment facility
52 program [formulated pursuant to any provision] provided such employment
53 complies with the requirements of this chapter.
54 § 11. Subdivisions 1 and 2 of section 183 of the correction law,
55 subdivision 1 as amended by section 26 of subpart A of part C of chapter
A. 7452 9
1 62 of the laws of 2011 and subdivision 2 as added by chapter 464 of the
2 laws of 1981, are amended to read as follows:
3 1. It shall be the duty of the commissioner to distribute, among the
4 correctional institutions under his or her jurisdiction, the labor and
5 industries assigned to said institutions, due regard being had to the
6 location and convenience of the prisons, and of the other institutions
7 to be supplied, the machinery now therein and the number of [prisoners]
8 incarcerated individuals, in order to secure the best service and
9 distribution of the labor, and to employ the [prisoners, so far as prac-
10 ticable,] incarcerated individuals in occupations in which they will be
11 most likely to obtain employment after their discharge from imprison-
12 ment. The commissioner shall change or dispose of the present plants and
13 machinery in said institutions now used in industries which shall be
14 discontinued, and which can not be used in the industries hereafter to
15 be carried on in said prisons, due effort to be made by full notice to
16 probable purchasers, in case of sales of industries or machinery, to
17 obtain the best price possible for the property sold, and good will of
18 the business to be discontinued.
19 2. The commissioner shall submit reports, quarterly, to the labor
20 board, the senate finance committee, the assembly ways and means commit-
21 tee, and the director of the budget, regarding industries under his or
22 her jurisdiction. Such reports shall include, but not be limited to,
23 the following:
24 (a) all materials, machinery or other property procured, and the cost
25 thereof;
26 (b) all other expenditures and the nature thereof;
27 (c) all receipts and the nature thereof;
28 (d) all inventory on hand at the opening and closing of the quarter;
29 and
30 (e) recommendations regarding the continuance of the program.
31 § 12. Sections 184, 185 and 186 of the correction law are REPEALED.
32 § 13. Section 187 of the correction law, as amended by chapter 322 of
33 the laws of 2021, is amended to read as follows:
34 § 187. Earnings of incarcerated individuals. 1. Every incarcerated
35 individual confined in a [state] correctional facility, [subject to the
36 rules and regulations of the department of corrections and community
37 supervision, and every incarcerated individual confined in a local
38 correctional facility, in the discretion of the sheriff thereof, may]
39 jail, reformatory, or other institution in the state shall receive
40 compensation for work performed during his or her imprisonment. Such
41 compensation shall be graded by the [department of corrections and
42 community supervision] labor board, with regard to incarcerated individ-
43 uals [employed in prison industries] participating in labor programs,
44 based upon the work performed by such [prisoners for prisoners confined
45 in state correctional facilities, and by the sheriffs in all local
46 correctional facilities for incarcerated individuals confined therein]
47 incarcerated individual.
48 2. The [department of corrections and community supervision] labor
49 board shall adopt rules, subject to the approval of the director of the
50 budget, for establishing in all of the state correctional facilities a
51 system of compensation for the incarcerated individuals confined there-
52 in. Such rules shall provide for the payment of compensation to each
53 incarcerated individual[, who] and shall meet the requirements estab-
54 lished by [the department of corrections and community supervision,
55 based upon the work performed by such incarcerated individuals] this
56 chapter.
A. 7452 10
1 3. The [department] labor board shall prepare graded wage schedules
2 for incarcerated individuals, which schedules shall be based upon clas-
3 sifications according to the value of work performed by each and in no
4 instance shall be lower than the minimum wage established by article
5 nineteen of the labor law. Such schedules [need not] shall be uniform in
6 all institutions. [The rules of the department shall also provide for
7 the establishment of a credit system for each incarcerated individual
8 and the manner in which such earnings shall be paid to the incarcerated
9 individual or his or her dependents or held in trust for him or her
10 until his or her release.
11 4. Any compensation paid to an incarcerated individual under this
12 article shall be based on the work performed by such incarcerated indi-
13 vidual. Compensation may be paid from moneys appropriated to the depart-
14 ment and available to facilities for nonpersonal service.]
15 § 14. Section 189 of the correction law, as amended by chapter 3 of
16 the laws of 1995, is amended to read as follows:
17 § 189. Disposition of moneys paid to [prisoner] incarcerated individ-
18 ual for his or her labor. [1.] The earnings, including any accrued
19 interest, of an incarcerated individual participating in a labor program
20 shall be held by the department in a trust fund account. Such earnings
21 shall not be subject to attachment or garnishment in the hands of the
22 department. The amount of such [compensation] earnings to the credit of
23 any [prisoner] incarcerated individual may be drawn by the [prisoner]
24 incarcerated individual during [his] such individual's imprisonment[,
25 only upon approval of the commissioner to] for aid to dependent rela-
26 tives [of such prisoner], commissary purchases, or for [such] any other
27 [purposes as the commissioner may approve. Such disbursement to aid a
28 dependent relative of a prisoner may be made without the consent of such
29 prisoner upon the certificate of the commissioner of social services, or
30 other officer performing the duties of a commissioner of welfare, of the
31 community in which such dependent is located] lawful purpose. Any
32 balance to the credit of any [prisoner] incarcerated individual at the
33 time of his or her conditional release as provided by this chapter shall
34 be subject to the draft of the [prisoner in such amounts and at such
35 times as the commissioner shall approve] incarcerated individual;
36 provided, however, that at the date of absolute discharge of any [pris-
37 oner] incarcerated individual the balance as aforesaid shall be paid to
38 such [prisoner] incarcerated individual.
39 § 15. Section 189 of the correction law, as amended by chapter 738 of
40 the laws of 1942, is amended to read as follows:
41 § 189. Disposition of moneys paid to [prisoner] incarcerated individ-
42 ual for his or her labor. The earnings, including any accrued interest,
43 of an incarcerated individual participating in a labor program shall be
44 held by the department in a trust fund account. Such earnings shall not
45 be subject to attachment or garnishment in the hands of the department.
46 The amount of such [compensation] earnings to the credit of any [prison-
47 er] incarcerated individual may be drawn by the [prisoner] incarcerated
48 individual during [his] such individual's imprisonment[, only upon
49 approval of the commissioner to] for aid to dependent relatives [of such
50 prisoner], commissary purchases, or for [such] any other [purposes as
51 the commissioner may approve. Such disbursement to aid a dependent rela-
52 tive of a prisoner may be made without the consent of such prisoner upon
53 the certificate of the commissioner of welfare, or other officer
54 performing the duties of a commissioner of welfare, of the community in
55 which such dependent is located] lawful purpose. Any balance to the
56 credit of any [prisoner] incarcerated individual at the time of his or
A. 7452 11
1 her conditional release as provided by this chapter shall be subject to
2 the draft of the [prisoner in such amounts and at such times as the
3 commissioner shall approve] incarcerated individual; provided, however,
4 that at the date of absolute discharge of any [prisoner] incarcerated
5 individual the balance as aforesaid shall be paid to such [prisoner]
6 incarcerated individual.
7 § 16. Section 190 of the correction law, as amended by section 23 of
8 subpart B of part C of chapter 62 of the laws of 2011, is amended to
9 read as follows:
10 § 190. Monthly statement of receipts and expenditures for industries.
11 The warden of each of the state prisons shall, on the first of each
12 month, make a full detailed statement of all materials, machinery or
13 other property procured, and of the cost thereof, and of the expendi-
14 tures made during the last preceding month for manufacturing purposes,
15 together with a statement of all materials then on hand to be manufac-
16 tured, or in process of manufacture, or manufactured, and of machinery,
17 fixtures or other appurtenances for the purpose of carrying on the labor
18 of the [prisoners] incarcerated individual, and the amount and kinds of
19 work done, and the earnings realized, and the total amount of moneys
20 coming into his or her hands as such warden during such last preceding
21 month as the proceeds of the labor of the [prisoners] incarcerated indi-
22 viduals at such prison, which statement shall be verified by the oath of
23 such warden to be just and true, and shall be by him or her forwarded to
24 the department and the labor board.
25 § 17. Subdivisions 2, 3, 4, and 6 of section 200 of the correction
26 law, subdivisions 2, 3, and 4 as amended by chapter 322 of the laws of
27 2021, and subdivision 6 as added by chapter 536 of the laws of 1974, are
28 amended to read as follows:
29 2. In lieu of the system of labor in correctional institutions estab-
30 lished by this article, the [commissioner may] labor board shall, in
31 order to facilitate an incarcerated individual's eventual reintegration
32 into society, establish for the incarcerated individuals in one or more
33 state correctional institutions a system of educational, career and
34 industrial training programs, and of incentive allowances for each such
35 program. Educational, career and industrial training programs shall not
36 include any job or work that is part of a labor program as defined by
37 subdivision thirty-five of section two of this chapter.
38 3. For each institution wherein such system is established the
39 [commissioner] labor board shall prepare, and may at times revise, grad-
40 ed incentive allowance schedules for the incarcerated individuals within
41 each such program based upon the levels of performance and achievement
42 by an incarcerated individual in a program to which he or she has been
43 assigned. Upon the approval of the director of the budget such schedules
44 or revisions thereof may be promulgated.
45 4. The [commissioner] labor board shall also provide for the estab-
46 lishment of a credit system for each incarcerated individual and the
47 manner in which incentive allowances shall be paid to the incarcerated
48 individual or his or her dependents or held in trust for him or her
49 until his or her release. The amount of incentive allowed to the credit
50 of any incarcerated individual shall be disposed of as provided by
51 section one hundred eighty-nine of this article.
52 6. [Except as otherwise provided by this section, those provisions of
53 law dealing with labor in state correctional institutions shall apply to
54 industrial training in state correctional institutions including the
55 disposition of services rendered and products produced incidental to
56 such industrial training.] All health and safety protections required to
A. 7452 12
1 be provided to employees under federal and state labor law shall be
2 provided to incarcerated individuals engaged in educational, career and
3 industrial training programs.
4 § 18. Paragraph a of subdivision 2 of section 162 of the state
5 finance law is REPEALED and paragraphs b, c, d, e, and f are relettered
6 paragraphs a, b, c, d, and e.
7 § 19. Subdivision 3 of section 162 of the state finance law, as added
8 by chapter 83 of the laws of 1995, paragraphs a and b as amended by
9 section 164 of subpart B of part C of chapter 62 of the laws of 2011, is
10 amended to read as follows:
11 3. Public list of services and commodities provided by preferred
12 sources.
13 a. By December thirty-first, nineteen hundred ninety-five, the commis-
14 sioner, in consultation with the commissioners of [corrections and
15 community supervision,] the office of children and family services, the
16 office of temporary and disability assistance, mental health and educa-
17 tion, shall prepare a list of all commodities and services that are
18 available and are being provided as of said date, for purchase by state
19 agencies, public benefit corporations or political subdivisions from
20 those entities accorded preference or priority status under this
21 section. Such list may include references to catalogs and other descrip-
22 tive literature which are available directly from any provider accorded
23 preferred status under this section. The commissioner shall make this
24 list available to prospective vendors, state agencies, public benefit
25 corporations, political subdivisions and other interested parties. Ther-
26 eafter, new or substantially different commodities or services may only
27 be made available by preferred sources for purchase by more than one
28 state agency, public benefit corporation or political subdivision after
29 addition to said list.
30 b. After January first, nineteen hundred ninety-six, upon the applica-
31 tion of [the commissioner of corrections and community supervision,] the
32 commissioner of the office of children and family services, the office
33 of temporary and disability assistance, the commissioner of mental
34 health or the commissioner of education, or a non-profit-making facili-
35 tating agency designated by one of the said commissioners pursuant to
36 paragraph e of subdivision [six] five of this section, the state
37 procurement council may recommend that the commissioner: (i) add commod-
38 ities or services to, or (ii) in order to insure that such list reflects
39 current production and/or availability of commodities and services,
40 delete at the request of a preferred source, commodities or services
41 from, the list established by paragraph a of this subdivision. The coun-
42 cil may make a non-binding recommendation to the relevant preferred
43 source to delete a commodity or service from such list. Additions may be
44 made only for new services or commodities, or for services or commod-
45 ities that are substantially different from those reflected on said list
46 for that provider. The decision to recommend the addition of services or
47 commodities shall be based upon a review of relevant factors as deter-
48 mined by the council including costs and benefits to be derived from
49 such addition and shall include an analysis by the office of general
50 services conducted pursuant to subdivision [six] five of this section.
51 Unless the state procurement council shall make a recommendation to the
52 commissioner on any such application within one hundred twenty days of
53 receipt thereof, such application shall be deemed recommended. In the
54 event that the state procurement council shall deny any such applica-
55 tion, the commissioner or non-profit-making agency which submitted such
56 application may, within thirty days of such denial, appeal such denial
A. 7452 13
1 to the commissioner of general services who shall review all materials
2 submitted to the state procurement council with respect to such applica-
3 tion and who may request such further information or material as is
4 deemed necessary. Within sixty days of receipt of all information or
5 materials deemed necessary, the commissioner shall render a written
6 final decision on the application which shall be binding upon the appli-
7 cant and upon the state procurement council.
8 c. The list maintained by the office of general services pursuant to
9 paragraph a of this subdivision shall be revised as necessary to reflect
10 the additions and deletions of commodities and services approved by the
11 state procurement council.
12 § 20. Subparagraph (iii) of paragraph a of subdivision 4 of section
13 162 of the state finance law is REPEALED.
14 § 21. Subparagraphs (i) and (ii) of paragraph a, subparagraphs (i),
15 (ii) and (iii) of paragraph b and paragraph c of subdivision 4 of
16 section 162 of the state finance law, subparagraph (i) of paragraph a as
17 amended by section 164 of subpart B of part C of chapter 62 of the laws
18 of 2011, subparagraph (ii) of paragraph a as amended by chapter 91 of
19 the laws of 2023, subparagraphs (i) and (ii) of paragraph b and para-
20 graph c as added by chapter 83 of the laws of 1995, and subparagraph
21 (iii) of paragraph b of subdivision 4 as amended by chapter 430 of the
22 laws of 1997, are amended to read as follows:
23 (i) When commodities are available, in the form, function and utility
24 required by a state agency, public authority, commission, public benefit
25 corporation or political subdivision, said commodities must be purchased
26 first from [the correctional industries program of the department of
27 corrections and community supervision] approved charitable non-profit-
28 making agencies for the blind;
29 (ii) When commodities are available, in the form, function and utility
30 required by, a state agency or political subdivision or public benefit
31 corporation having their own purchasing agency, and such commodities are
32 not available pursuant to subparagraph (i) of this paragraph, said
33 commodities shall then be purchased from [approved charitable non-pro-
34 fit-making agencies for the blind] a qualified non-profit-making agency
35 for other severely disabled persons, a qualified special employment
36 program for mentally ill persons, or a qualified veterans' workshop,
37 provided, however, the preferred source shall perform fifty percent or
38 more of the work;
39 (i) state agencies or political subdivisions or public benefit corpo-
40 rations having their own purchasing agency shall make reasonable efforts
41 to provide a notification describing their requirements to those
42 preferred sources, or to the facilitating entity identified in paragraph
43 e of subdivision [six] five of this section, which provide the required
44 services as indicated on the official public list maintained by the
45 office of general services pursuant to subdivision three of this
46 section;
47 (ii) if, within ten days of the notification required by subparagraph
48 (i) of this paragraph, one or more preferred sources or facilitating
49 entities identified in paragraph e of subdivision [six] five of this
50 section submit a notice of intent to provide the service in the form,
51 function and utility required, said service shall be purchased in
52 accordance with this section. If more than one preferred source or
53 facilitating entity identified in paragraph e of subdivision [six] five
54 of this section submits notification of intent and meets the require-
55 ments, costs shall be the determining factor for purchase among the
56 preferred sources;
A. 7452 14
1 (iii) if, within ten days of the notification required by subparagraph
2 (i) of this paragraph, no preferred source or facilitating entity iden-
3 tified in paragraph e of subdivision [six] five of this section indi-
4 cates intent to provide the service, then the service shall be procured
5 in accordance with section one hundred sixty-three of this article. If,
6 after such period, a preferred source elects to bid on the service,
7 award shall be made in accordance with section one hundred sixty-three
8 of this article or as otherwise provided by law.
9 c. For the purposes of commodities and services produced by special
10 employment programs operated by facilities approved or operated by the
11 office of mental health, facilities within the office of mental health
12 shall be exempt from the requirements of subparagraph (i) of paragraph a
13 of this subdivision. When such requirements of the office of mental
14 health cannot be met pursuant to subparagraph (ii) [or (iii)] of para-
15 graph a of this subdivision, or paragraph b of this subdivision, the
16 office of mental health may purchase commodities and services which are
17 competitive in price and comparable in quality to those which could
18 otherwise be obtained in accordance with this article, from special
19 employment programs operated by facilities within the office of mental
20 health or other programs approved by the office of mental health.
21 § 22. Subparagraph (ii) of paragraph a of subdivision 4 of section 162
22 of the state finance law, as added by chapter 83 of the laws of 1995, is
23 amended to read as follows:
24 (ii) When commodities are available, in the form, function and utility
25 required by, a state agency or political subdivision or public benefit
26 corporation having their own purchasing agency, and such commodities are
27 not available pursuant to subparagraph (i) of this paragraph, said
28 commodities shall then be purchased from [approved charitable non-pro-
29 fit-making agencies for the blind] a qualified non-profit-making agency
30 for other severely disabled persons, a qualified special employment
31 program for mentally ill persons, or a qualified veterans' workshop
32 provided, however, the preferred source shall perform fifty percent or
33 more of the work;
34 § 23. Subdivision 5 of section 162 of the state finance law is
35 REPEALED and subdivisions 6, 7, 8, and 9 are renumbered subdivisions 5,
36 6, 7 and 8.
37 § 24. The opening paragraph and paragraph a of subdivision 5 of
38 section 162 of the state finance law, as amended by chapter 565 of the
39 laws of 2022 and as renumbered by section twenty-three of this act, is
40 amended to read as follows:
41 Prices charged by agencies for the blind, other disabled and veterans'
42 entity, and the department of corrections and community supervision.
43 a. [Except with respect to the correctional industries program of the
44 department of corrections and community supervision, it] It shall be the
45 duty of the commissioner to determine, and from time to time review, the
46 prices of all commodities and to approve the price of all services
47 provided by the department of corrections and community supervision and
48 preferred sources as specified in this section offered to state agen-
49 cies, political subdivisions or public benefit corporations having their
50 own purchasing office. The commissioner's price review and approval
51 shall not be required for any purchases below one hundred thousand
52 dollars.
53 § 25. Subparagraph 9 of paragraph a of subdivision 3 of section 139-j
54 of the state finance law, as amended by chapter 265 of the laws of 2013,
55 is amended to read as follows:
A. 7452 15
1 (9) Any communications relating to a governmental procurement made
2 under section one hundred sixty-two of the state finance law undertaken
3 by (i) the non-profit-making agencies appointed pursuant to paragraph e
4 of subdivision [six] five of section one hundred sixty-two of the state
5 finance law by the commissioner of the office of children and family
6 services, the commission for the blind, or the commissioner of educa-
7 tion, and (ii) the qualified charitable non-profit-making agencies for
8 the blind, and qualified charitable non-profit-making agencies for other
9 severely disabled persons as identified in subdivision two of section
10 one hundred sixty-two of this chapter; provided, however, that any
11 communications which attempt to influence the issuance or terms of the
12 specifications that serve as the basis for bid documents, requests for
13 proposals, invitations for bids, or solicitations of proposals, or any
14 other method for soliciting a response from offerers intending to result
15 in a procurement contract with a state agency, the state legislature,
16 the unified court system, a municipal agency or local legislative body
17 shall not be exempt from the provisions of this paragraph; provided,
18 however, that nothing in this subdivision shall be construed as recog-
19 nizing or creating any new rights, duties or responsibilities or abro-
20 gating any existing rights, duties or responsibilities of any govern-
21 mental entity as it pertains to implementation and enforcement of
22 article eleven of this chapter or any other provision of law dealing
23 with the governmental procurement process, and that nothing in this
24 subdivision shall be interpreted to limit the authority of a govern-
25 mental entity involved in a government procurement by exercise of an
26 oversight function from providing information to offerers regarding the
27 status of the review, oversight, or approval of a governmental procure-
28 ment that has been submitted to or is under review by that governmental
29 entity;
30 § 26. Subparagraph (G) of the second undesignated paragraph of subdi-
31 vision (c) of section 1-c of the legislative law, as amended by chapter
32 265 of the laws of 2013, is amended to read as follows:
33 (G) Any activity relating to governmental procurements made under
34 section one hundred sixty-two of the state finance law undertaken by (i)
35 the non-profit-making agencies appointed pursuant to paragraph e of
36 subdivision [six] five of section one hundred sixty-two of the state
37 finance law by the commissioner of the office of children and family
38 services, the commission for the blind, or the commissioner of educa-
39 tion, and (ii) the qualified charitable non-profit-making agencies for
40 the blind, and qualified charitable non-profit-making agencies for other
41 severely disabled persons as identified in subdivision two of section
42 one hundred sixty-two of the state finance law; provided, however, that
43 any attempt to influence the issuance or terms of the specifications
44 that serve as the basis for bid documents, requests for proposals, invi-
45 tations for bids, or solicitations of proposals, or any other method for
46 soliciting a response from offerers intending to result in a procurement
47 contract with a state agency, the state legislature, the unified court
48 system, a municipal agency or local legislative body shall not be exempt
49 from the definition of "lobbying" or "lobbying activities" under this
50 subparagraph;
51 § 27. Severability clause. If any clause, sentence, paragraph, subdi-
52 vision, section or part of this act shall be adjudged by any court of
53 competent jurisdiction to be invalid, such judgment shall not affect,
54 impair, or invalidate the remainder thereof, but shall be confined in
55 its operation to the clause, sentence, paragraph, subdivision, section
56 or part thereof directly involved in the controversy in which such judg-
A. 7452 16
1 ment shall have been rendered. It is hereby declared to be the intent of
2 the legislature that this act would have been enacted even if such
3 invalid provisions had not been included herein.
4 § 28. This act shall take effect immediately; provided, however, that
5 the amendments to section 189 of the correction law made by section
6 fourteen of this act shall be subject to the expiration and reversion of
7 such section pursuant to subdivision h of section 74 of chapter 3 of the
8 laws of 1995, as amended, when upon such date the provisions of section
9 fifteen of this act shall take effect; provided further, however, that
10 the amendments to subparagraph (ii) of paragraph a of subdivision 4 of
11 section 162 of the state finance law made by section twenty-one of this
12 act shall be subject to the expiration and reversion of such subpara-
13 graph pursuant to section 2 of chapter 91 of the laws of 2023, as
14 amended, when upon such date the provisions of section twenty-two of
15 this act shall take effect; provided further, that the amendments to
16 section 139-j of the state finance law made by section twenty-five of
17 this act shall not affect the repeal of such section and shall be deemed
18 repealed therewith.
