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A00441 Summary:

BILL NOA00441
 
SAME ASSAME AS S02497
 
SPONSOREpstein (MS)
 
COSPNSRBurdick, Gallagher, Seawright, Santabarbara, Lunsford, Sayegh, Hevesi, Sillitti, Cruz, Lemondes, DeStefano, Gunther, Meeks, Gibbs, Cook, Raga, Colton, Glick, McMahon, Cunningham, Reyes, Taylor, Shimsky, Simon, Kelles, Eachus, Zinerman
 
MLTSPNSRBrabenec
 
Amd §§55-b & 55-c, Civ Serv L
 
Relates to employment of persons and veterans with disabilities by the state; provides up to five thousand positions may be filled by persons with a physical or mental disability and up to two thousand positions may be filled by disabled veterans and veterans with disabilities.
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A00441 Actions:

BILL NOA00441
 
01/09/2023referred to governmental employees
01/03/2024referred to governmental employees
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A00441 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A441
 
SPONSOR: Epstein (MS)
  TITLE OF BILL: An act to amend the civil service law, in relation to employment of persons and veterans with disabilities by the state   PURPOSE:: To increase employment opportunities for people with disabilities and veterans with disabilities   SUMMARY OF PROVISIONS::   JUSTIFICATION:: The Department of Civil Service is empowered to set aside positions that can be performed by people and veterans with disabilities under civil service law sections 55-b and 55-c. Existing law provides that the Department may set aside up to 1,200 positions for people with disabili- ties and 500 positions for veterans with disabilities. The last time the Legislature raised the caps on the number of positions the Department could set aside through the 55-b program was over 30 years ago (L 1990 Ch 354). Since then, unemployment and underemployment of New Yorkers with disabilities has persisted. Recent reports from the NYS Comptroller's office found that from April 2020 to March 2021 unem- ployment skyrocketed to 16.2% for New Yorkers with disabilities, compared to 11.3% unemployment in the general population. As the state's economy rebounds after the COVID-19 pandemic, we should lead by example and create more opportunities for these New Yorkers to work, if they wish to do so.   LEGISLATIVE HISTORY:: 2022: A8157 (Epstein) / S 7386 (Mannion) - Assembly Governmental Employ- ees / Senate Civil Service and Pensions   FISCAL IMPLICATIONS:: none   EFFECTIVE DATE: Immediate.
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A00441 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           441
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2023
                                       ___________
 
        Introduced by M. of A. EPSTEIN, BURDICK, GALLAGHER, SEAWRIGHT, SANTABAR-
          BARA,  LUNSFORD,  SAYEGH, HEVESI, SILLITTI, CRUZ, LEMONDES, DeSTEFANO,
          GUNTHER, MEEKS, GIBBS, COOK -- Multi-Sponsored by -- M. of A. BRABENEC
          -- read once and referred to the Committee on Governmental Employees
 
        AN ACT to amend the civil service law,  in  relation  to  employment  of
          persons and veterans with disabilities by the state
 
          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 55-b of the civil service law,  as
     2  amended  by  chapter  603  of  the  laws  of 1995, is amended to read as
     3  follows:
     4    1. The commission may determine up to [twelve hundred]  five  thousand
     5  positions  with  duties such as can be performed by persons with a phys-
     6  ical or mental disability who are found otherwise qualified  to  perform
     7  satisfactorily  the duties of any such position. Upon such determination
     8  the said positions shall be classified in the noncompetitive class,  and
     9  may  be  filled  only  by  persons  who shall have been certified by the
    10  employee health service of the department as being a person with  either
    11  a physical or mental disability.  The number of persons appointed pursu-
    12  ant to this section shall not exceed [twelve hundred] five thousand.
    13    §  2.  Subdivision  1  of  section  55-c  of the civil service law, as
    14  amended by chapter 340 of the laws  of  2008,  is  amended  to  read  as
    15  follows:
    16    1.  The  commission  may  determine  up to [five hundred] two thousand
    17  positions with duties such as can be performed by disabled veterans  and
    18  veterans  with disabilities who are found otherwise qualified to perform
    19  satisfactorily the duties of any such position. Upon such determination,
    20  the said positions shall be classified in the noncompetitive class,  and
    21  may  be filled only by veterans of the armed forces of the United States
    22  who served therein during time of war, as defined in  paragraph  (c)  of
    23  subdivision  one  of  section  eighty-five  of this chapter, and (a) who
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02475-01-3

        A. 441                              2
 
     1  establish by appropriate documentary evidence  that  they  are  disabled
     2  veterans,  as  defined  in  paragraph  (b) of subdivision one of section
     3  eighty-five of this chapter, or (b) by those  veterans,  as  defined  in
     4  paragraph (a) of subdivision one of section eighty-five of this chapter,
     5  who  shall  have  been  certified  by the employee health service of the
     6  department as being disabled but capable of  performing  the  duties  of
     7  said  positions.    Priority  in certification and referral of both such
     8  disabled veterans and certified disabled but capable veterans  shall  be
     9  given to those veterans who received a wound in combat, as documented by
    10  the  awarding  of  the  purple heart, as authorized by the United States
    11  department of defense, and that wound is the cause of, or a substantial-
    12  ly contributing factor to, the degree of impairment, who otherwise  meet
    13  the  requirements  of  this  section.  The  number of veterans appointed
    14  pursuant to this section shall not exceed [five hundred] two thousand.
    15    § 3. This act shall take effect immediately.
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