New York State Assembly

 
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A02496 Summary:

A02496 Actions:

A02496 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:McDonald      
DATE:05/20/2025AYE/NAY:10/4  Action: Favorable refer to committee Ways and Means        
McDonald
Aye
Beephan
Nay
Glick
Aye
Simpson
Nay
Kim
Aye
Novakhov
Nay
Bichotte Hermel
Aye
Norber
Nay
Williams
Aye
Raga
Aye
Simone
Aye
Shimsky
Aye
Kassay
Aye
Burroughs
Aye

Committee:WAYS AND MEANS   Chair:Pretlow      
DATE:05/27/2025AYE/NAY:25/7  Action: Favorable refer to committee Rules        
Pretlow
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Aye
Colton
Aye
Hawley
Nay
Cook
Aye
Blankenbush
Nay
Benedetto
Aye
Palmesano
Nay
Weprin
Aye
Walsh
Nay
Ramos
Aye
DeStefano
Aye
Braunstein
Aye
Manktelow
Nay
McDonald
Aye
Smullen
Nay
Rozic
Aye
Giglio
Aye
Dinowitz
Aye
Magnarelli
Aye
Bronson
Aye
Dilan
Absent
Seawright
Aye
Hyndman
Excused
Walker
Excused
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye
Otis
Aye
Solages
Aye
Hunter
Aye
Epstein
Nay
Septimo
Aye

Committee:RULES   Chair:Glick      
DATE:05/29/2025AYE/NAY:18/9  Action: Favorable         
Heastie
Excused
Barclay
Nay
Pretlow
Aye
Hawley
Nay
Cook
Aye
Blankenbush
Nay
Glick
Aye
Ra
Nay
Dinowitz
Aye
Brabenec
Nay
Colton
Aye
Palmesano
Nay
Magnarelli
Aye
Reilly
Nay
Paulin
Aye
Smith
Nay
Peoples-Stokes
Aye
Jensen
Nay
Benedetto
Aye
Lavine
Excused
Lupardo
Aye
Braunstein
Aye
Davila
Excused
Hyndman
Aye
Rozic
Excused
Bronson
Aye
Hevesi
Aye
Hunter
Aye
Taylor
Aye
Cruz
Aye
Vanel
Aye

A02496 Floor Votes:

A02496 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A2496
 
SPONSOR: McDonald

 
TITLE OF BILL:
 
An act to amend the state finance law, in relation to preferred source
status for entities that provide employment and services to certain
persons
 
 
PURPOSE:
 
This legislation would allow the commissioner of education to approve
qualified charitable non-profit making agencies that provide vocational
and rehabilitative training to formerly incarcerated persons to partic-
ipate in the preferred source program. The legislation also makes other
minor language changes to accommodate the modernization of preferred
source services.
 
 
SUMMARY OF PROVISIONS:
 
Section one amends subdivision 1 of section 162 of the state finance law
to add assembled or fulfilled to the tasks performed by preferred sourc-
es.
 
Sections two, three, three-a, four, four-a, and five amend section 162
of the state finance law to add formerly incarcerated persons, so that
qualified charitable non-profits that provide vocational and rehabilita-
tive training programs for formerly incarcerated may be approved by the
commissioner of education and participate in the preferred source
program.
 
Section six establishes the effective date.
 
 
JUSTIFICATION:
 
People with disabilities are overrepresented at all stages of the crimi-
nal justice system, from jail and prison to probation and parole.
According to a February 2024 report by the Prison Population Initiative,
individuals in the prison population with disabilities is 40%, as
compared to 15% of the United States general population. For women,
those incarcerated with disabilities rises to 50%. While cognitive disa-
bilities such as autism, Down syndrome, and learning disorders impact
about 1/4 of incarcerated people, visual, hearing, and ambulatory disa-
bilities are not uncommon, and individuals with these disabilities are
often overlooked and subject to inhumane treatment.
 
This legislation would help the formerly incarcerated, many of whom
suffer from a disability, secure stabilizing employment opportunities.
NYSID has a network of service providers that provide vocational and
rehabilitative training to formerly incarcerated individuals. Allowing
access to the preferred source program would allow those individuals
employment opportunities at re-entry. NYSID could better capture indi-
viduals with disabilities through expansion of its service/catchment to
those who have been formerly incarcerated.  NYSID currently works with
non-profits that serve both individuals with disabilities and individ-
uals that have been formerly incarcerated. Those agencies include, but
are not limited to, Second Chance Opportunities (Albany), Osborne Asso-
ciates (NYC), Good Will of NY (NYC), Good Will Finger Lakes (Rochester),
and Peter Young Housing Industries (Albany). There are a host of other
NFP's in the formerly incarcerated space that could become members of
NYSID.
 
 
LEGISLATIVE HISTORY:
 
2023-2024: A.9544A/S.8937A
 
 
FISCAL IMPLICATIONS:
 
None
 
 
EFFECTIVE DATE:
This act shall take effect immediately.
APPENDIX:
Prison Policy Initiative www.prisonpolicy.org
*Percent of people in state prisons who have a disability: 40*+
*Of Women in state prisons: 50%
*Percent of people on probation or parole who have a disability: 23%
*Fraction of people killed by law enforcement who have a disability:
1/3
*Percent of people in state prisons with a history of taking special
education classes: 25%.
*People with disabilities are overrepresented at all stages of the crim-
inal justice system, from jail and prison to probation and parole.
Compared to 15% of the US population, 40% of people in state prisons
have a disability. Cognitive disabilities such as autism, down syndrome
and learning disabilities impact incarcerated people."
*Barriers to Justice: Inaccessibility of New York's Criminal Justice
System for Individuals with Intellectual and Developmental Disabilities
by Michelle H. Walton
*ID/DD is an invisible disability the criminal justice system often
fails to acknowledge or accommodate. Instead, behavioral manifestations
of disability may be misconstrued as criminal behavior. Individuals with
ID/DD are overrepresented in the justice system. Given the substantial
discrimination and challenges encountered by justice-involved individ-
uals with ID/DD from the time of arrest to incarceration, disproportion-
ality is inevitable.  Justice-involved individuals with ID/DD are likely
to come from economically disadvantaged backgrounds and from communities
with increased law enforcement presence. Many individuals with ID/DD
have histories of victimization and may struggle with the long-term
effects of trauma. Individuals with mild ID may have-learned to pass as
nondisabled, may attempt to hide their disability to gain social accept-
ance, and may have developed skills to hide limitations in communication
and cognition. Individuals may not be willing to disclose their disabil-
ity with criminal justice personnel because of fear. As a result, many
individuals are processed through the criminal justice system without
being identified as having a disability or being in need of additional
support services.

A02496 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2496
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2025
                                       ___________
 
        Introduced by M. of A. McDONALD, BURDICK, SIMON, HEVESI, GLICK, WOERNER,
          DeSTEFANO,  DAVILA,  REYES, BENDETT, HYNDMAN -- read once and referred
          to the Committee on Governmental Operations
 
        AN ACT to amend the state finance law, in relation to  preferred  source
          status  for  entities  that provide employment and services to certain
          persons

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision 1 of section 162 of the state finance law, as
     2  added by chapter 83 of the laws of 1995, is amended to read as follows:
     3    1. Purpose. To advance special social  and  economic  goals,  selected
     4  providers  shall  have  preferred  source  status  for  the  purposes of
     5  procurement in accordance with the provisions of this section.  Procure-
     6  ment from  these  providers  shall  be  exempted  from  the  competitive
     7  procurement  provisions of section one hundred sixty-three of this arti-
     8  cle and other competitive procurement  statutes.  Such  exemption  shall
     9  apply  to  commodities  produced,  manufactured  or assembled, including
    10  those repackaged, assembled or fulfilled to meet the form, function  and
    11  utility  required  by  state  agencies,  in New York state and, where so
    12  designated, services provided by those sources in accordance  with  this
    13  section.
    14    §  2. Paragraph d of subdivision 2 of section 162 of the state finance
    15  law, as amended by chapter 565 of the laws of 2022, is amended  to  read
    16  as follows:
    17    d.  Commodities and services produced by any qualified charitable non-
    18  profit-making agency for other disabled persons and/or  formerly  incar-
    19  cerated persons approved for such purposes by the commissioner of educa-
    20  tion, or incorporated under the laws of this state and approved for such
    21  purposes by the commissioner of education;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02990-01-5
        A. 2496                             2
 
     1    §  2-a.  Paragraph  d  of  subdivision  2  of section 162 of the state
     2  finance law, as amended by chapter 501 of the laws of 2002,  is  amended
     3  to read as follows:
     4    d.  Commodities and services produced by any qualified charitable non-
     5  profit-making agency for other severely disabled persons and/or formerly
     6  incarcerated persons approved for such purposes by the  commissioner  of
     7  education, or incorporated under the laws of this state and approved for
     8  such purposes by the commissioner of education;
     9    § 3. Subparagraph (iii) of paragraph a of subdivision 4 of section 162
    10  of the state finance law, as amended by chapter 565 of the laws of 2022,
    11  is amended to read as follows:
    12    (iii) When commodities are available, in the form, function and utili-
    13  ty  required by, a state agency or political subdivision or public bene-
    14  fit corporation having their own purchasing agency, and such commodities
    15  are not available pursuant to subparagraphs (i) and (ii) of  this  para-
    16  graph,  said  commodities  shall then be purchased from a qualified non-
    17  profit-making agency for other disabled persons and/or  formerly  incar-
    18  cerated persons, a qualified special employment program for mentally ill
    19  persons,  or  a  qualified  veterans'  entity;  provided,  however,  the
    20  preferred source shall perform fifty percent or more of the work;
    21    § 3-a. Subparagraph (iii) of paragraph a of subdivision 4  of  section
    22  162  of  the  state  finance  law, as added by chapter 83 of the laws of
    23  1995, is amended to read as follows:
    24    (iii) When commodities are available, in the form, function and utili-
    25  ty required by, a state agency or political subdivision or public  bene-
    26  fit corporation having their own purchasing agency, and such commodities
    27  are  not  available pursuant to subparagraphs (i) and (ii) of this para-
    28  graph, said commodities shall then be purchased from  a  qualified  non-
    29  profit-making agency for other severely disabled persons and/or formerly
    30  incarcerated persons, a qualified special employment program for mental-
    31  ly ill persons, or a qualified veterans' workshop;
    32    §  4. The opening paragraph of paragraph b of subdivision 4 of section
    33  162 of the state finance law, as amended by chapter 565 of the  laws  of
    34  2022, is amended to read as follows:
    35    When  services  are  available,  in  the  form,  function  and utility
    36  required by, a state agency or political subdivision or  public  benefit
    37  corporation  having their own purchasing agency, equal priority shall be
    38  accorded the services rendered and offered for sale  by  qualified  non-
    39  profit-making  agencies for the blind and those for [the] other disabled
    40  persons and/or  formerly  incarcerated  persons,  by  qualified  special
    41  employment  programs for mentally ill persons and by qualified veterans'
    42  entities; provided, however, the preferred source  shall  perform  fifty
    43  percent or more of the work. In the case of services:
    44    §  4-a.  The  opening  paragraph  of  paragraph  b of subdivision 4 of
    45  section 162 of the state finance law, as added by chapter 83 of the laws
    46  of 1995,  is amended to read as follows:
    47    When services  are  available,  in  the  form,  function  and  utility
    48  required  by,  a state agency or political subdivision or public benefit
    49  corporation having their own purchasing agency, equal priority shall  be
    50  accorded  the  services  rendered and offered for sale by qualified non-
    51  profit-making agencies for the blind and those for [the] other  severely
    52  disabled  persons  and/or  formerly  incarcerated  persons, by qualified
    53  special employment programs for mentally ill persons  and  by  qualified
    54  veterans' workshops. In the case of services:
    55    § 5. Subdivision 6 of section 162 of the state finance law, as amended
    56  by chapter 565 of the laws of 2022, is amended to read as follows:
        A. 2496                             3
 
     1    6.  Prices  charged  by agencies for the blind, other disabled persons
     2  and/or formerly incarcerated persons and veterans' entity.
     3    a.  Except  with respect to the correctional industries program of the
     4  department of corrections and community supervision,  it  shall  be  the
     5  duty of the commissioner to determine, and from time to time review, the
     6  prices  of  all  commodities  and  to  approve the price of all services
     7  provided by preferred sources as specified in this  section  offered  to
     8  state  agencies,  political  subdivisions or public benefit corporations
     9  having their own purchasing office. The commissioner's price review  and
    10  approval shall not be required for any purchases below one hundred thou-
    11  sand dollars.
    12    b.  In  determining  and  revising  the  prices of such commodities or
    13  services, consideration shall be given to the reasonable costs of labor,
    14  materials and overhead necessarily incurred by  such  preferred  sources
    15  under  efficient  methods  of  procurement,  production, performance and
    16  administration; however, the prices of such products and services  shall
    17  be  as  close to prevailing market price as practicable, but in no event
    18  greater than fifteen percent above the prevailing market prices for  the
    19  same or equivalent commodities or services.
    20    c.  Such qualified charitable non-profit-making agencies for the blind
    21  and other disabled persons and/or formerly incarcerated persons may make
    22  purchases of materials, equipment or supplies, except printed  material,
    23  from centralized contracts for commodities in accordance with the condi-
    24  tions set by the office of general services; provided that the qualified
    25  charitable  non-profit-making  agency  for  the  blind or other disabled
    26  persons and/or formerly incarcerated persons shall accept sole responsi-
    27  bility for any payment due the vendor.
    28    d. Such qualified charitable non-profit-making agencies for the  blind
    29  and other disabled persons and/or formerly incarcerated persons may make
    30  purchases of materials, equipment and supplies directly from the correc-
    31  tional   industries   program   administered   by  the  commissioner  of
    32  corrections and community supervision, subject to such rules as  may  be
    33  established  from  time to time pursuant to the correction law; provided
    34  that the qualified charitable non-profit-making agency for the blind  or
    35  other disabled persons and/or formerly incarcerated persons shall accept
    36  sole  responsibility  for  any payment due the department of corrections
    37  and community supervision.
    38    e. The commissioner of the office  of  children  and  family  services
    39  shall  appoint  the  New  York  state commission for the blind, or other
    40  non-profit-making agency, other than the agency representing [the] other
    41  disabled persons and/or formerly incarcerated persons, to facilitate the
    42  distribution of  orders  among  qualified  non-profit-making  charitable
    43  agencies  for  the  blind.  The  state  commissioner  of education shall
    44  appoint a non-profit-making agency, other than the  agency  representing
    45  the  blind,  to  facilitate  the  distribution of orders among qualified
    46  non-profit-making charitable agencies for [the] other  disabled  persons
    47  and/or  formerly  incarcerated  persons  and the veterans' entities. The
    48  state commissioner of mental health shall facilitate the distribution of
    49  orders among qualified special employment programs operated or  approved
    50  by the office of mental health serving mentally ill persons.
    51    f.  The  commissioner  may  request  the  state comptroller to conduct
    52  audits and examinations to be made of all records, books and data of any
    53  agency for the blind or [the] other  disabled  persons  and/or  formerly
    54  incarcerated  persons,  any  special employment program for mentally ill
    55  persons or any veterans' entity qualified under this section  to  deter-
    56  mine  the  costs  of  manufacture  or  the rendering of services and the
        A. 2496                             4
 
     1  manner and efficiency of production and administration of such agency or
     2  special employment program or veterans'  entity  with  relation  to  any
     3  product or services purchased by a state agency or political subdivision
     4  or  public  benefit corporation and to furnish the results of such audit
     5  and examination to the commissioner for such action as [he or  she]  the
     6  commissioner may deem appropriate under this section.
     7    § 6. This act shall take effect immediately; provided, however, that:
     8    (a)  the  amendment  to paragraph d of subdivision 2 of section 162 of
     9  the state finance law made by section two of this act shall  be  subject
    10  to  the expiration and reversion of such paragraph pursuant to section 4
    11  of chapter 565 of the laws of 2022, as amended, when upon such date  the
    12  provisions of section two-a of this act shall take effect;
    13    (b)  the amendment to subparagraph (iii) of paragraph a of subdivision
    14  4 of section 162 of the state finance law made by section three of  this
    15  act  shall  be  subject to the expiration and reversion of such subpara-
    16  graph pursuant to section 4 of chapter 565  of  the  laws  of  2022,  as
    17  amended,  when  upon such date the provisions of section three-a of this
    18  act shall take effect; and
    19    (c) the amendments to the opening paragraph of paragraph b of subdivi-
    20  sion 4 of section 162 of the state finance law made by section  four  of
    21  this  act shall be subject to the expiration and reversion of such para-
    22  graph pursuant to section 4 of chapter 565  of  the  laws  of  2022,  as
    23  amended,  when  upon  such date the provisions of section four-a of this
    24  act shall take effect.

A02496 LFIN:

 
NO LFIN

A02496 Chamber Video/Transcript: