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A05815 Summary:

COSPNSRColton, Reyes, Taylor, Shimsky, Burdick, Woerner, Santabarbara, Cunningham, De Los Santos, Wallace, Raga, Seawright, Sayegh
Amd §163, St Fin L
Relates to participation by individuals with disabilities with respect to state employment and state contracts; requires contractors to report to state agencies regarding the utilization and participation of work on both service and commodity contracts by a person with a disability; requires such state agencies to report to the office of general services and the office of general services to report to the state procurement council, governor, comptroller and the legislature.
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A05815 Text:

                STATE OF NEW YORK
                                                                Cal. No. 163
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                     March 23, 2023
          Multi-Sponsored by -- M. of A. WALSH -- read once and referred to  the
          Committee  on  Governmental  Operations  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  -- ordered to a third reading -- passed by Assembly and delivered
          to the Senate, recalled  from  the  Senate,  vote  reconsidered,  bill
          amended,  ordered reprinted, retaining its place on the order of third
        AN ACT to amend the state finance law, in relation to  participation  by
          individuals  with  disabilities  with  respect to state employment and
          state contracts
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Section 163 of the state finance law is amended by adding a
     2  new subdivision 16 to read as follows:
     3    16.  a.  The  commissioner  shall submit a report to the governor, the
     4  state comptroller, the state procurement council, the  temporary  presi-
     5  dent  of the senate, the speaker of the assembly, the minority leader of
     6  the assembly, the minority leader of the senate,  the  chief  disability
     7  officer,  the  chair  of  the assembly standing committee on people with
     8  disabilities, and the chair of the senate standing committee on disabil-
     9  ities no later than December first, two thousand twenty-five,  summariz-
    10  ing  data  related to the participation of individuals with disabilities
    11  on state contracts subject to the provisions of this section.
    12    b.  Such report shall include aggregate  data  on  the  employment  of
    13  individuals  with  disabilities,  their  level  of participation on such
    14  state contracts, and any policies and practices  carried  out  by  state
    15  contractors and subcontractors to promote employment of individuals with
    16  disabilities  within  their  workforce.  Such  report shall also examine
    17  compliance of state contractors  and  subcontractors  with  other  equal
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5815--B                          2
     1  opportunity  requirements  and  anti-discrimination laws, in addition to
     2  any other required employment practices compliance with which is  deemed
     3  pertinent to be examined by the commissioner.
     4    c. In order to effectuate the provisions of this subdivision:
     5    (i)  Contractors  and subcontractors that have entered into a contract
     6  with a state agency shall invite their employees to self-identify as  an
     7  individual  with  a  disability.  Nothing  in  this subdivision shall be
     8  deemed to require the disclosure of the status of an individual  with  a
     9  disability.
    10    (ii)  Contractors  and  subcontractors  shall  submit a report to each
    11  state agency with which they have entered into a contract including  the
    12  information  required  by  paragraph  b  of  this subdivision. Workforce
    13  participation by individuals with disabilities throughout  the  previous
    14  fiscal  year  shall  be reported in the form of aggregate data and shall
    15  not include any personal identifying information.
    16    (iii) Each state agency shall compile such information and  submit  an
    17  aggregate report to the commissioner.
    18    d.  The  information required by this subdivision shall be provided in
    19  such form as prescribed by  the  commissioner.  The  commissioner  shall
    20  promulgate regulations regarding:
    21    (i)  The  timeline,  content,  and  process  by  which contractors and
    22  subcontractors shall submit such reports to state agencies;
    23    (ii) The timeline, content, and process by which state agencies  shall
    24  submit such reports to the office of general services; and
    25    (iii)  Any  other factors the commissioner deems appropriate or neces-
    26  sary to effectuate the requirements of this subdivision.
    27    e. For purposes of this subdivision, the following  terms  shall  have
    28  the following meanings:
    29    (i) "Commissioner" shall mean the commissioner of the office of gener-
    30  al services.
    31    (ii)  "Disability" shall have the same meaning as provided in subdivi-
    32  sion twenty-one of section two hundred ninety-two of the executive law.
    33    § 2. This act shall take effect on the first of January next  succeed-
    34  ing  the  date  upon which it shall have become a law and shall apply to
    35  all contracts with the state entered into on  or  after  such  effective
    36  date;  provided, however that the amendments to section 163 of the state
    37  finance law made by section one of this act shall not affect the  repeal
    38  of such section and shall be deemed repealed therewith.
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