S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
March 29, 2011
Introduced by Sen. SMITH -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor -- recommitted to
the Committee on Labor in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the labor law, in relation to establishing the summer
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and declaration. The legislature finds
and declares that summer employment is an important formative activity
for youth as they make transitions between middle and high school and
into employment or post-secondary education. The legislature also finds
that the summer months provide an ideal time frame during which youth
can earn money and experience the world of work without placing limita-
tions on the time that can, and should, be spent preparing for and
The legislature also finds that employment for youth can be valued not
only in terms of the work performed but also in relation to the enhanced
self-esteem of participants that comes, in part, from earned income.
The legislature also finds that employment provides an opportunity for
young people to gain interpersonal and employability skills, including
team building, conflict resolution and problem solving, that are comple-
mentary to academic activity and that will serve employers well in the
future when they have a pool of job candidates who are experienced with
Therefore the legislature declares that a summer employment program
would have significant benefit for both participants and employers.
S 2. The labor law is amended by adding a new article 25-C to read as
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 4337--A 2
SUMMER EMPLOYMENT PROGRAM
SECTION 862. SHORT TITLE.
862-D. USE OF FUNDS.
862-E. REPORTING AND EVALUATION.
S 862. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "SUMMER EMPLOYMENT PROGRAM".
S 862-A. ADMINISTRATION. 1. THE COMMISSIONER SHALL FORMULATE AND
ESTABLISH A SUMMER EMPLOYMENT PROGRAM FOR THE PURPOSE OF PROVIDING YOUTH
FOURTEEN TO TWENTY-ONE YEARS OF AGE WITH PAID SUMMER EMPLOYMENT THROUGH
CONTRACTS WITH LOCAL PROVIDERS ELIGIBLE TO PARTICIPATE IN THE PROGRAM
PURSUANT TO SECTION EIGHT HUNDRED SIXTY-TWO-C OF THIS ARTICLE. THE
COMMISSIONER SHALL DO THE FOLLOWING:
A. INSTRUCT LOCAL WORKFORCE INVESTMENT BOARDS TO DEVELOP AND ISSUE A
REQUEST FOR PROPOSAL FOR LOCAL ELIGIBLE PROVIDERS TO PROVIDE SUMMER
EMPLOYMENT NO LATER THAN NOVEMBER FIRST, TWO THOUSAND THIRTEEN AND EACH
NOVEMBER FIRST TRIENNIALLY THEREAFTER. PROPOSALS SHALL INCLUDE BUT ARE
NOT LIMITED TO:
(I) A DESCRIPTION OF THE JOBS TO BE DEVELOPED OR FILLED; AND
(II) WAGES AND BENEFITS;
B. NOTIFY LOCAL PROVIDERS NO LATER THAN MARCH FIRST OF EACH YEAR OF
PROGRAM ALLOCATION AND ENSURE THAT PROGRAMS CAN RECRUIT AND ASSIGN
PARTICIPANTS TO JOBS IN A TIMELY MANNER; AND
C. PROVIDE TECHNICAL ASSISTANCE TO PROGRAM PROVIDERS AS APPROPRIATE.
2. THE PROGRAM SHALL BE ADMINISTERED INDEPENDENTLY OF ANY OTHER FEDER-
ALLY-FUNDED YEAR-ROUND, BEFORE OR AFTER-SCHOOL, OR SUMMER JOBS PROGRAM
AND PROGRAM FUNDS SHALL NOT BE USED TO SUPPLANT FUNDS OTHERWISE AVAIL-
ABLE FROM ANY FEDERAL, STATE OR LOCAL SOURCE.
S 862-B. PROGRAM. 1. EMPLOYMENT OPPORTUNITIES SUPPORTED THROUGH THE
PROGRAM SHALL BE:
A. POSITIONS IN THE PUBLIC OR NOT-FOR-PROFIT SECTORS;
B. JOBS THAT EMPLOY INDIVIDUALS A MINIMUM OF TWENTY-FOUR HOURS PER
C. JOBS THAT ARE COMPLIANT WITH ALL STATE AND FEDERAL LABOR LAWS AND
HEALTH AND SAFETY STANDARDS.
2. PARTICIPATION SHALL BE LIMITED TO YOUTH FOURTEEN TO TWENTY-ONE
YEARS OF AGE. A. PRIORITY SHALL BE GIVEN TO THOSE YOUTH WHO ARE FOURTEEN
TO FIFTEEN YEARS OF AGE.
B. NOT LESS THAN SEVENTY PERCENT OF PARTICIPANTS SHALL BE FROM FAMI-
LIES WITH INCOME AT OR BELOW TWO HUNDRED PERCENT OF THE FEDERAL POVERTY
S 862-C. PROVIDERS. PROVIDERS ELIGIBLE TO RECEIVE FUNDS UNDER THIS
PROGRAM ARE LIMITED TO LOCAL COMMUNITY-BASED ORGANIZATIONS, GOVERNMENT
ENTITIES AND WORKFORCE INVESTMENT BOARDS WITH PRIOR EXPERIENCE IN ADMIN-
ISTERING AND PROVIDING SUMMER YOUTH EMPLOYMENT SERVICES. PREFERENCE
SHALL BE GIVEN TO COMMUNITY-BASED ORGANIZATIONS AND FURTHER PREFERENCE
SHALL BE GIVEN TO THOSE COMMUNITY AND GOVERNMENT AGENCIES WITH DEMON-
STRATED SUCCESSFUL EXPERIENCE IN PROVIDING YOUTH EMPLOYMENT.
S 862-D. USE OF FUNDS. 1. FUNDS SHALL BE USED UNDER THIS ARTICLE FOR
A. WAGES AND BENEFITS;
C. CLOTHING ALLOWANCE INCLUDING FULL-COST OF UNIFORMS; AND
S. 4337--A 3
D. TOOLS AND SUPPLIES.
2. NO MORE THAN TEN PERCENT OF THE FUNDS SHALL BE USED FOR ADMINISTRA-
S 862-E. REPORTING AND EVALUATION. ON OR BEFORE DECEMBER FIRST, TWO
THOUSAND FOURTEEN AND ON OR BEFORE EVERY SUBSEQUENT DECEMBER FIRST, THE
COMMISSIONER SHALL REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON THE IMPACT OF THE PROGRAM.
SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
1. A DESCRIPTION OF THE SUMMER POSITIONS FILLED BY PROGRAM PARTIC-
A. JOB TITLES;
B. WAGES AND BENEFITS; AND
C. NUMBER OF PARTICIPANTS BY AGE.
2. LISTS OF EMPLOYERS BY LOCATION.
S 3. This act shall take effect April 1, 2013.