S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3887

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, MORELLE, LUPARDO, MARKEY, MILLMAN,
  ESPAILLAT, J. RIVERA, MAISEL, ABBATE,  BROOK-KRASNY,  CLARK,  PHEFFER,
  MAGNARELLI,  ALESSI, GUNTHER, CAHILL, BOYLAND -- Multi-Sponsored by --
  M. of A. BENEDETTO, BRADLEY, COLTON, DIAZ, EDDINGTON, GABRYSZAK, GOTT-
  FRIED, JACOBS, LATIMER, McENENY, OAKS, PAULIN, PEOPLES, REILLY,  SWEE-
  NEY, WEISENBERG -- read once and referred to the Committee on Aging

AN  ACT  to  amend  the  elder  law and the economic development law, in
  relation to establishing the mature worker business initiative

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  elder  law is amended by adding a new section 302 to
read as follows:
  S 302. MATURE WORKER BUSINESS INITIATIVE.   1. THERE SHALL  BE  ESTAB-
LISHED, WITHIN THE OFFICE FOR THE AGING, A MATURE WORKER BUSINESS INITI-
ATIVE. SUCH INITIATIVE SHALL BE SUBJECT TO THE DIRECTION AND SUPERVISION
OF THE MATURE WORKER BUSINESS INITIATIVE COUNCIL.
  2. THE MATURE WORKER BUSINESS INITIATIVE COUNCIL SHALL BE COMPOSED OF:
  (A)  THE DIRECTOR OF THE OFFICE FOR THE AGING OR HIS OR HER DESIGNATED
REPRESENTATIVE;
  (B) THE COMMISSIONER OF ECONOMIC DEVELOPMENT, OR HIS OR HER DESIGNATED
REPRESENTATIVE; AND
  (C) SUCH OTHER PERSONS AS SHALL BE DESIGNATED  BY  THE  GOVERNOR,  WHO
SHALL  BE REPRESENTATIVES OF STATE AGENCIES, ADVOCATES FOR THE AGING AND
THE BUSINESS COMMUNITY, WHO ARE CONCERNED WITH THE ROLE OF OLDER WORKERS
IN THE ECONOMY, AND DEVELOPMENT OF SECOND CAREER OPPORTUNITIES ENTREPRE-
NEURIAL INITIATIVE.  SUCH MEMBERS SHALL SERVE AT  THE  PLEASURE  OF  THE
GOVERNOR.
  3.  THE MEMBERS OF THE MATURE WORKER BUSINESS INITIATIVE COUNCIL SHALL
SERVE WITHOUT COMPENSATION, BUT SHALL BE ENTITLED TO  THEIR  ACTUAL  AND
NECESSARY  EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT
TO THIS ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07106-01-9
              

A. 3887                             2

  4. THE DIRECTOR OF THE OFFICE FOR THE AGING, OR HIS OR HER  DESIGNATED
REPRESENTATIVE,  SHALL  SERVE AS THE CHAIR OF THE MATURE WORKER BUSINESS
INITIATIVE COUNCIL. IN THE EVENT OF THE ABSENCE OF THE DIRECTOR  OR  HIS
OR  HER  DESIGNATED REPRESENTATIVE FROM ANY MEETING OF SUCH COUNCIL, THE
MEMBERS  SHALL  ELECT AN ACTING CHAIR FROM AMONGST THE MEMBERSHIP OF THE
COUNCIL. LEGAL, TECHNICAL AND OTHER SERVICES SHALL BE PROVIDED  TO  SUCH
COUNCIL BY THE OFFICE FOR THE AGING, THE DEPARTMENT OF ECONOMIC DEVELOP-
MENT, THE URBAN DEVELOPMENT CORPORATION, AND OTHER STATE DEPARTMENTS AND
AGENCIES.
  5.  THE  MATURE  WORKER  BUSINESS  INITIATIVE  COUNCIL  SHALL HAVE THE
FOLLOWING FUNCTIONS, POWERS AND DUTIES:
  (A) TO DEVELOP AND IMPLEMENT  A  PROGRAM  OF  INITIATIVES  THAT  SHALL
ESTABLISH  STRATEGIES FOR IDENTIFYING BUSINESSES THAT OFFER ARRANGEMENTS
TO EMPLOYEES DESIGNED TO RECRUIT, RETAIN AND RETRAIN MATURE WORKERS, AND
ENCOURAGE THEM TO REMAIN IN THE WORK FORCE;
  (B) TO DEVELOP A CERTIFICATION PROCESS FOR WHICH AN EMPLOYER MAY APPLY
INDICATING THAT SUCH EMPLOYER HAS MET THE QUALIFICATIONS ESTABLISHED  BY
THE  MATURE  WORKER  BUSINESS  INITIATIVE  COUNCIL AND PROVIDING FOR THE
DESIGNATION OF SUCH EMPLOYER AS A "MATURE WORKER FRIENDLY EMPLOYER";
  (C) TO IDENTIFY EMPLOYERS WHICH ENCOURAGE EMPLOYERS TO OFFER  ARRANGE-
MENTS  TO EMPLOYEES DESIGNED TO RECRUIT, RETAIN AND RETRAIN MATURE WORK-
ERS, AND ENCOURAGE THEM TO REMAIN IN THE WORK FORCE;
  (D) TO PROVIDE TECHNICAL ASSISTANCE AND TRAINING TO ENCOURAGE  EMPLOY-
ERS  TO  OFFER ARRANGEMENTS TO EMPLOYEES DESIGNED TO RECRUIT, RETAIN AND
RETRAIN MATURE WORKERS, AND ENCOURAGE THEM TO REMAIN IN THE WORK  FORCE;
AND
  (E) TO DESIGN AND EXECUTE A MARKETING OUTREACH PLAN TO ENCOURAGE BUSI-
NESSES  TO  PARTICIPATE  IN  MATURE  WORKER BUSINESS INITIATIVES, AND TO
EDUCATE MATURE WORKERS  ABOUT  BUSINESSES  THAT  HAVE  IMPLEMENTED  SUCH
INITIATIVES, BY MEANS OF THE OFFICE FOR THE AGING'S INTERNET WEBSITE AND
SUCH  OTHER APPROPRIATE MEANS AS THE COUNCIL SHALL DETERMINE TO BE SUIT-
ABLE FOR INFORMATION DISTRIBUTION.
  S 2. Section 100 of the economic development law is amended by  adding
a new subdivision 18-h to read as follows:
  18-H. TO WORK IN COOPERATION WITH THE DIRECTOR OF THE STATE OFFICE FOR
THE AGING AND THE MATURE WORKER BUSINESS INITIATIVE COUNCIL TO ESTABLISH
RULES, REGULATIONS AND PROCEDURES TO IMPLEMENT THE PROVISIONS OF SECTION
THREE  HUNDRED  TWO  OF THE ELDER LAW. THE MATURE WORKER BUSINESS INITI-
ATIVE SHALL RECOGNIZE THOSE EMPLOYERS THAT PROVIDE  EXCEPTIONAL  SUPPORT
DESIGNED  TO  RECRUIT,  RETAIN AND RETRAIN MATURE WORKERS, AND ENCOURAGE
THEM TO REMAIN IN THE WORK FORCE. THE COMMISSIONER, IN COOPERATION  WITH
THE  DIRECTOR  OF THE STATE OFFICE FOR THE AGING, SHALL MAKE RECOMMENDA-
TIONS FOR ENHANCING THE  OPPORTUNITIES  FOR  MATURE  WORKERS  AND  WHICH
RESOURCES OF THE STATE MAY BE MADE AVAILABLE TO FULLY SUPPORT BUSINESSES
THAT HAVE BEEN DESIGNATED AS MATURE WORKER FRIENDLY EMPLOYERS.
  S 3. This act shall take effect immediately.