S T A T E O F N E W Y O R K
________________________________________________________________________
3858
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
___________
Introduced by M. of A. ENGLEBRIGHT, GREENE, MARKEY, MILLMAN, MORELLE,
PEOPLES, COLTON, LUPARDO, J. RIVERA, MAISEL, ABBATE, BROOK-KRASNY,
CLARK, PHEFFER, MAGNARELLI, ALESSI, GUNTHER, CAHILL, BOYLAND, DINOWITZ
-- Multi-Sponsored by -- M. of A. BENEDETTO, BING, DIAZ, EDDINGTON,
GABRYSZAK, GOTTFRIED, JACOBS, KOON, LATIMER, McENENY, OAKS, PAULIN,
REILLY, ROSENTHAL, SWEENEY, WEISENBERG -- read once and referred to
the Committee on Aging
AN ACT to amend the elder law, in relation to establishing the mature
work task force, and providing for its powers and duties; and to
repeal article 3 of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and intent. The legislature hereby
finds and declares that the demographic projections are showing clearly
that older workers will continue to make up a rapidly growing percentage
of the work force. This growth represents the fact that the population
as a whole is getting older due to several factors, including the aging
of the baby boom generation, lower birth rates for generations imme-
diately following the baby boom, longer life expectancies and younger
generations leaving the state to work elsewhere. The legislature
believes efforts must be undertaken to identify priorities, policy
alternatives and emerging issues with respect to assisting both busi-
nesses and older New Yorkers in preparing for the impact of this tremen-
dous demographic shift. The legislature therefore establishes the mature
worker taskforce to ensure a coordination of public and private efforts
to address the needs of the growing numbers of older workers and to help
allocate resources as necessary. This newly established taskforce shall
be comprised of appropriate state agency personnel, as well as aging
advocates, mature workers ages fifty-five and older, senior service
providers, employment training specialists, and representatives of labor
and business interests.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07107-01-9
A. 3858 2
S 2. Article 3 of the elder law is REPEALED and a new article 3 is
added to read as follows:
ARTICLE III
MATURE WORKER TASK FORCE
SECTION 301. DEFINITIONS.
302. MATURE WORKER TASK FORCE.
303. POWERS AND DUTIES.
304. IMPLEMENTATION.
S 301. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE TERM "TASK
FORCE" SHALL MEAN THE MATURE WORKER TASK FORCE ESTABLISHED BY SECTION
THREE HUNDRED TWO OF THIS ARTICLE.
S 302. MATURE WORKER TASK FORCE. 1. THERE IS HEREBY ESTABLISHED WITHIN
THE OFFICE FOR THE AGING A MATURE WORKER TASK FORCE. THE PURPOSE OF THE
TASK FORCE SHALL BE TO COORDINATE THE STATE'S EFFORTS TO ASSIST OLDER
PERSONS WHO CHOOSE TO WORK AND REMAIN SELF-SUFFICIENT THROUGHOUT THEIR
LIVES, OR WHO CHOOSE TO WORK AFTER RETIREMENT; TO SUPPORT BUSINESS
GROWTH AND DEVELOPMENT ACROSS THE STATE IN LIGHT OF THE INCREASING AGING
WORKFORCE; AND TO COMBAT AGEISM AND STEREOTYPES.
2. THE TASK FORCE SHALL BE COMPOSED OF TWENTY-SEVEN MEMBERS AS
FOLLOWS:
(A) NINE EX-OFFICIO MEMBERS AS FOLLOWS:
(1) THE DIRECTOR OF THE OFFICE FOR THE AGING, WHO SHALL SERVE AS
CO-CHAIR OF THE TASK FORCE;
(2) THE COMMISSIONER OF LABOR, WHO SHALL SERVE AS CO-CHAIR OF THE TASK
FORCE;
(3) THE COMMISSIONER OF EDUCATION;
(4) THE COMMISSIONER OF MENTAL HEALTH;
(5) THE PRESIDENT OF THE STATE CIVIL SERVICE COMMISSION;
(6) THE CHAIR OF THE SENATE AGING COMMITTEE;
(7) THE CHAIR OF THE SENATE LABOR COMMITTEE;
(8) THE CHAIR OF THE ASSEMBLY AGING COMMITTEE; AND
(9) THE CHAIR OF THE ASSEMBLY LABOR COMMITTEE.
ANY EX-OFFICIO MEMBER MAY DESIGNATE A REPRESENTATIVE TO ACT ON HIS OR
HER BEHALF;
(B) TWO MEMBERS APPOINTED BY THE GOVERNOR, WHO SHALL BE REPRESEN-
TATIVES OF NOT-FOR-PROFIT CORPORATIONS THE PRIMARY PURPOSES OF WHICH ARE
TO PROVIDE EMPLOYMENT SERVICES TO OLDER PERSONS AND SPECIFICALLY SERVE
THEM IN THEIR EFFORTS TO DEVELOP THE REQUISITE SKILLS FOR AN EVER CHANG-
ING JOB MARKET;
(C) TWO MEMBERS APPOINTED BY THE GOVERNOR, WHO SHALL BE REPRESEN-
TATIVES OF ORGANIZATIONS REPRESENTING BUSINESS INTERESTS;
(D) FIVE MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE,
OF WHOM ONE SHALL BE A REPRESENTATIVE OF ORGANIZED LABOR, ONE SHALL BE A
RESEARCH EXPERT IN THE FIELD OF OLDER WORKER EMPLOYMENT ISSUES AND ONE
SHALL BE A MATURE WORKER;
(E) FIVE MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY, OF WHOM ONE
SHALL BE A REPRESENTATIVE OF ORGANIZED LABOR, ONE SHALL BE A RESEARCH
EXPERT IN THE FIELD OF OLDER WORKER EMPLOYMENT ISSUES AND ONE SHALL BE A
MATURE WORKER;
(F) TWO MEMBERS APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND
(G) TWO MEMBERS APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.
3. THE ADMINISTRATIVE SUPPORT OF THE TASK FORCE SHALL BE EQUALLY
PROVIDED BY THE OFFICE FOR THE AGING AND THE DEPARTMENT OF LABOR.
S 303. POWERS AND DUTIES. THE TASK FORCE SHALL HAVE THE FOLLOWING
POWERS AND DUTIES:
A. 3858 3
1. TO FACILITATE INTERAGENCY PLANNING AND POLICY, REVIEW SPECIFIC
AGENCY INITIATIVES FOR THEIR IMPACT ON MATURE WORKERS AND BUSINESSES,
PROVIDE A CONTINUING FORUM TO DISCUSS CONCERNS AND ISSUES RELATED TO THE
FORMULATION OF STATE POLICY DESIGNED TO HELP ADDRESS THIS POLICY AREA,
AND DEVELOP LINKAGES AND PARTNERSHIPS WITH BUSINESSES AND OTHER APPRO-
PRIATE ENTITIES TO ASSIST SUCH BUSINESSES IN IDENTIFYING AND HELPING
THEM TO FILL THEIR WORKFORCE NEEDS;
2. TO IDENTIFY EXISTING STATUTORY AND REGULATORY PROVISIONS, AND BUSI-
NESS PRACTICES THAT LIMIT OPPORTUNITIES FOR MATURE WORKERS, AND DEVELOP
LEGISLATIVE AND REGULATORY PROPOSALS TO ADDRESS SUCH LIMITATIONS;
3. TO IDENTIFY BEST PRACTICES IN THE PRIVATE SECTOR FOR HIRING,
RETAINING AND RETRAINING MATURE WORKERS, AND SERVE AS A CLEARING HOUSE
OF SUCH INFORMATION;
4. TO ASSESS THE EFFECTIVENESS AND COSTS OF PROGRAMS THAT STATE AGEN-
CIES HAVE IMPLEMENTED TO HIRE, RETAIN AND RETRAIN MATURE WORKERS, AND
RECOMMEND COST-EFFECTIVE PROGRAMS FOR ALL STATE AGENCIES TO HIRE, RETAIN
AND RETRAIN OLDER WORKERS;
5. TO MEET QUARTERLY OR MORE FREQUENTLY IF ITS BUSINESS SHALL REQUIRE;
6. TO ANNUALLY REPORT TO THE GOVERNOR AND THE LEGISLATURE ON OR BEFORE
JUNE THIRTIETH COMMENCING IN TWO THOUSAND TEN, ITS RECOMMENDATIONS FOR
STATE POLICY RELATING TO MATURE WORKERS, BEST PRACTICES IN THE BUSINESS
SECTOR FOR HIRING, RETAINING AND RETRAINING MATURE WORKERS, AND A REVIEW
OF SERVICES INITIATED AND COORDINATED AMONG PUBLIC AND PRIVATE AGENCIES
THAT MEET THE NEEDS OF OLDER WORKERS WHO ARE SEEKING TO REMAIN ACTIVE IN
THE WORKFORCE. SUCH REPORT SHALL IDENTIFY, IN CONJUNCTION WITH THE BUSI-
NESS COMMUNITY, MATURE WORKER FRIENDLY BUSINESSES THAT ARE SEEKING TO
HIRE AND/OR TRAIN WORKERS. THE REPORT REQUIRED BY THIS SUBDIVISION SHALL
BE POSTED ON THE OFFICE FOR THE AGING'S INTERNET WEBSITE;
7. TO SERVE AS THE FOCAL POINT FOR THE DEVELOPMENT OF COORDINATED
RESPONSES BY THE VARIOUS STATE AGENCIES WITH REGARD TO ISSUES OF IMPOR-
TANCE TO MATURE WORKERS TO ENSURE TIMELY AND APPROPRIATE RESPONSES TO
ISSUES AND PROBLEMS; AND
8. ANNUALLY REPORT TO THE GOVERNOR, THE LEGISLATURE AND THE DIRECTOR
OF THE OFFICE FOR THE AGING WITH AN ASSESSMENT OF THE EFFECTIVENESS OF
THE PROVISIONS OF THIS ARTICLE AND ANY BARRIERS OR OTHER ISSUES WHICH
PREVENT THE TASK FORCE FROM CARRYING OUT ITS POWERS AND DUTIES PURSUANT
TO THIS ARTICLE.
S 304. IMPLEMENTATION. 1. THE OFFICE FOR THE AGING SHALL COLLABORATE
WITH THE DEPARTMENT OF LABOR ON ISSUES RELATED TO THE DEVELOPMENT OF
MATURE WORKER SUPPORT INITIATIVES AND ENHANCING ACCESS BY MATURE WORKERS
TO EXISTING TRAINING AND EMPLOYMENT SERVICES FUNDED THROUGH FEDERAL AND
STATE RESOURCES.
2. THE OFFICE FOR THE AGING SHALL UTILIZE THE DATA AND INFORMATION
COMPILED AND MAINTAINED BY THE TASK FORCE TO COORDINATE STATE FUNDED
RESEARCH AND EMPLOYMENT TRAINING EFFORTS TO ENSURE THE MOST EFFICIENT
USE OF FUNDS AVAILABLE FOR SUCH PURPOSES.
S 3. This act shall take effect immediately.