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S07304 Summary:

BILL NOS07304A
 
SAME ASSAME AS A06142-A
 
SPONSORCLEARE
 
COSPNSR
 
MLTSPNSR
 
Add §27-f, Lab L; amd §80, Leg L
 
Requires state employees and the governor, lieutenant governor, attorney general, comptroller, and members of the legislature attend annual implicit bias training provided by the legislative ethics commission.
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S07304 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7304--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      April 9, 2025
                                       ___________
 
        Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Labor  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT  to  amend the labor law and the legislative law, in relation to
          requiring state employees and certain public officials  attend  annual
          implicit bias training
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The labor law is amended by adding a new  section  27-f  to
     2  read as follows:
     3    §  27-f.  Annual  implicit  bias  training.  1.  Definitions.  For the
     4  purposes of this section:
     5    a. "Employer" means: (1) the state; (2) a political subdivision of the
     6  state; (3) a public authority, a  public  benefit  corporation,  or  any
     7  other  governmental agency or instrumentality thereof; (4) an authorized
     8  agency as defined in paragraph (a) of subdivision ten of  section  three
     9  hundred  seventy-one  of  the  social services law that accepts children
    10  adjudicated delinquent under article three of the family court act;  and
    11  (5) members of the legislature.
    12    b.  "Employee" means a public employee or elected official working for
    13  an employer.
    14    c. "Implicit bias training" means a training program designed to  help
    15  individuals  become  aware  of their implicit biases and equip them with
    16  tools and strategies to act objectively, limiting the influence of their
    17  implicit biases.
    18    2. Employee information and training. Every employer,  in  cooperation
    19  with  the  legislative  ethics commission, shall provide annual implicit
    20  bias training to its employees.  Such training shall  be  in  accordance
    21  with the annual implicit bias training program which is conducted by the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05360-04-5

        S. 7304--A                          2
 
     1  legislative  ethics commission under paragraph m of subdivision seven of
     2  section eighty of the legislative law.
     3    §  2.  Paragraphs  i,  k  and  l of subdivision 7 of section 80 of the
     4  legislative law, paragraph i as amended by chapter 841 of  the  laws  of
     5  2022  and paragraphs k and l as amended by section 4 of part QQ of chap-
     6  ter 56 of the laws of 2022, are amended and a new paragraph m  is  added
     7  to read as follows:
     8    i.  Upon  written request from any person who is subject to the juris-
     9  diction of the commission and  the  requirements  of  sections  seventy-
    10  three,  seventy-three-a and seventy-four of the public officers law, and
    11  section five-b of this chapter render formal advisory  opinions  on  the
    12  requirements  of  said  provisions. A formal written opinion rendered by
    13  the commission, until and unless amended or revoked, shall be binding on
    14  the legislative ethics commission in any subsequent proceeding  concern-
    15  ing  the  person  who requested the opinion and who acted in good faith,
    16  unless material facts were omitted or misstated by  the  person  in  the
    17  request  for  an  opinion.  Such opinion may also be relied upon by such
    18  person, and may be introduced and shall be a defense in any criminal  or
    19  civil  action. The commission on ethics and lobbying in government shall
    20  not investigate an individual for potential violations of law based upon
    21  conduct approved and covered in its entirety by such an opinion,  except
    22  that  such opinion shall not prevent or preclude an investigation of and
    23  report to the legislative ethics commission concerning  the  conduct  of
    24  the  person  who obtained it by the commission on ethics and lobbying in
    25  government for violations of section seventy-three,  seventy-three-a  or
    26  seventy-four of the public officers law and section [5-b] five-b of this
    27  chapter to determine whether the person accurately and fully represented
    28  to  the  legislative  ethics commission the facts relevant to the formal
    29  advisory opinion and whether the person's  conduct  conformed  to  those
    30  factual  representations.  The  commission  on  ethics  and  lobbying in
    31  government shall be authorized and shall have jurisdiction  to  investi-
    32  gate potential violations of the law arising from conduct outside of the
    33  scope of the terms of the advisory opinion; [and]
    34    k.  Develop educational materials and training with regard to legisla-
    35  tive ethics for members of the  legislature  and  legislative  employees
    36  including  an online ethics orientation course for newly-hired employees
    37  and, as requested by the senate or the assembly, materials and  training
    38  in relation to a comprehensive ethics training program; [and]
    39    l.  Prepare an annual report to the governor and legislature summariz-
    40  ing the activities of the commission during the previous year and recom-
    41  mending any changes in the laws governing the conduct of persons subject
    42  to the jurisdiction of the commission, or  the  rules,  regulations  and
    43  procedures   governing  the  commission's  conduct.  Such  report  shall
    44  include: (i) a listing by assigned number of each complaint  and  report
    45  received  from the commission on ethics and lobbying in government which
    46  alleged a possible violation  within  its  jurisdiction,  including  the
    47  current  status  of  each  complaint,  and  (ii) where a matter has been
    48  resolved, the date and  nature  of  the  disposition  and  any  sanction
    49  imposed,  subject  to  the confidentiality requirements of this section.
    50  Such annual report shall not contain any information for  which  disclo-
    51  sure is not permitted pursuant to subdivision twelve of this section[.];
    52  and
    53    m.  Create an annual implicit bias training program and provide manda-
    54  tory  annual  implicit bias training for the governor, lieutenant gover-
    55  nor, attorney general, comptroller, members of  the  state  legislature,
    56  and  legislative  employees  which shall include, but not be limited to,

        S. 7304--A                          3
 
     1  helping individuals become aware of their implicit biases and equip them
     2  with tools and strategies to act objectively, limiting the influence  of
     3  their  implicit  biases.  Such  program  shall  also  be provided to any
     4  employees  of such elected officials, executive employees, and any other
     5  employee of the state under section twenty-seven-f of the labor law.
     6    § 3. This act shall take effect on the first of January next  succeed-
     7  ing the date on which it shall have become a law. Effective immediately,
     8  the  addition,  amendment and/or repeal of any rule or regulation neces-
     9  sary for the implementation of  this  act  on  its  effective  date  are
    10  authorized to be made and completed on or before such effective date.
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