Establishes the customized employment demonstration program whereby certain positions are divided into sub-positions by the civil service commission to provide for employment of persons with developmental disabilities who are able to perform a portion of the duties of such position.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2381
SPONSOR: Santabarbara
 
TITLE OF BILL:
An act to amend the civil service law, in relation to establishing a
customized employment demonstration program for persons with disabili-
ties; and providing for the repeal of such provisions upon expiration
thereof
 
PURPOSE:
To establish a customized employment demonstration program whereby
certain positions are divided into sub-positions by the civil service
commission to provide for employment of developmentally disabled
persons.
 
SUMMARY OF PROVISIONS:
This bill creates a customized employment demonstration program under
section 55-b of the civil service law.
 
JUSTIFICATION:
Civil Service Law § 55-b provides for the employment of persons with
developmental disabilities by the State. Under the current program, the
Civil Service Commission may determine up to 1,200 noncompetitive posi-
tions that may be performed by persons with a physical or mental disa-
bility.
This legislation builds on Civil. Service Law § 55-b by establishing a
demonstration program to study customized employment. Customized employ-
ment is the process of subdividing traditional positions of employment
into two or more sub-positions representing singular tasks or skill
sets. Customized employment can open up employment opportunities for
those people with developmental disabilities who would otherwise not be
able to perform the duties of a traditional position as currently set
forth under the § 55-b program. It is incumbent on New York State to
continue to open up new opportunities for the disabled, so they too can
lead fulfilling lives. This demonstration program would explore a versa-
tile and customizable employment option for people with developmental
disabilities, and would result in a report analyzing the impact of the
program and making recommendations regarding the continuation of the
program. By providing additional options for employment, people with
developmental disabilities will have more opportunities to achieve their
most meaningful or engaging activity as identified within their person-
centered planning process.
 
LEGISLATIVE HISTORY:
2015-16: A8111A -referred to governmental employees/S5805A- referred to
Civil Service and Pensions
2017-18: A205A -referred to governmental employees/S3932A -referred to
Civil Service and Pensions
2019-20: A1415 -referred to governmental employees/S6626 -referred to
Civil Service and Pensions
 
FISCAL IMPLICATIONS:
Undetermined.
 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed January 1, 2025.
STATE OF NEW YORK
________________________________________________________________________
2381
2021-2022 Regular Sessions
IN ASSEMBLY
January 19, 2021
___________
Introduced by M. of A. SANTABARBARA, WALSH -- read once and referred to
the Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to establishing a
customized employment demonstration program for persons with disabili-
ties; and providing for the repeal of such provisions upon expiration
thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 55-b of the civil service law is amended by adding
2 a new subdivision 3 to read as follows:
3 3. (a) Notwithstanding any provision of subdivisions one and two of
4 this section, the commission shall establish a customized employment
5 demonstration program, of not more than fifteen positions, that subdi-
6 vides traditional positions of employment into two or more sub-positions
7 for the purpose of employing persons with developmental disabilities.
8 Such persons appointed to fill sub-positions shall be limited to those
9 individuals, who because of physical and/or mental disability, are
10 unable to perform all the duties of the position, but are able to
11 perform a portion of such duties, and who would otherwise not qualify,
12 because of the severity of their disability, for a position designated
13 pursuant to subdivision one of this section.
14 (b) Such persons, as determined by the president, shall be appointed
15 as temporary employees to fill sub-positions. Sub-positions shall be
16 customized to the strengths and interests of the job candidate and the
17 identified needs of the employer, which may include the process of task
18 reassignment, job carving and job sharing. No person holding a position
19 pursuant to this chapter shall be terminated for the purposes of estab-
20 lishing or filling a sub-position established pursuant to this subdivi-
21 sion. Sub-positions may be either part-time or full-time employment.
22 Compensation for the sub-positions shall be set at the minimum wage, as
23 established pursuant to section six hundred fifty-two of the labor law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04670-01-1
A. 2381 2
1 Such compensation shall not include health benefits, pension benefits or
2 any other additional benefits. All such sub-positions shall be classi-
3 fied in the non-competitive class.
4 (c) The program established pursuant to this subdivision shall
5 commence on July first, two thousand twenty-two. The president shall, in
6 consultation with the commissioner of developmental disabilities and the
7 commissioner of mental health, examine and evaluate the implementation
8 and effects of this section, and shall issue to the legislature, an
9 interim report, on or before July first, two thousand twenty-three, and
10 a final report, on or before July first, two thousand twenty-four, of
11 its findings, conclusions and recommendations, including whether the
12 provisions of this subdivision should be continued on a permanent basis
13 and, if so, recommendations for the implementation of a permanent
14 customized employment program.
15 § 2. This act shall take effect immediately and shall expire and be
16 deemed repealed January 1, 2025.