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.