Colton, Reyes, Taylor, Shimsky, Burdick, Woerner, Santabarbara, Cunningham, De Los Santos, Wallace,
Raga, Seawright, Sayegh
MLTSPNSR
Walsh
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.
STATE OF NEW YORK
________________________________________________________________________
5815--B
Cal. No. 163
2023-2024 Regular Sessions
IN ASSEMBLY
March 23, 2023
___________
Introduced by M. of A. EPSTEIN, COLTON, REYES, TAYLOR, SHIMSKY, BURDICK,
WOERNER, SANTABARBARA, CUNNINGHAM, DE LOS SANTOS, WALLACE, RAGA --
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
reading
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.
LBD10037-05-4
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.
