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

                                  5554

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of A. V. LOPEZ, GANTT, CLARK, SWEENEY -- Multi-Spon-
  sored by -- M. of A.  HOYT, LENTOL -- read once and  referred  to  the
  Committee on Labor

AN  ACT  to  amend  the  labor  law, in relation to establishing a youth
  employment program and to repeal articles 24 and 25 of such law relat-
  ing thereto and making an appropriation therefor

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

  Section 1. Articles 24 and 25 of the labor law, article 24 as added by
chapter  64  of  the  laws of 1977, are REPEALED and a new article 25 is
added to read as follows:
                               ARTICLE 25
                        YOUTH EMPLOYMENT PROGRAM
SECTION 856.   LEGISLATIVE FINDINGS.
        856-A. PLACEMENT OF YOUTHS.
        856-B. ELIGIBILITY.
        856-C. REIMBURSEMENT PERIOD AND EMPLOYER AUTHORITY.
        856-D. DISPLACEMENT CLAUSE.
        856-E. PARTICIPATING EMPLOYER SELECTION.
        856-F. COOPERATION OF THE OFFICE OF CHILDREN AND FAMILY SERVICES
                 AND DEPARTMENT OF EDUCATION.
        856-G. ASSISTANCE OF VOLUNTARY AGENCIES.
  S 856. LEGISLATIVE FINDINGS. RECENT UNEMPLOYMENT FIGURES, WHILE  SHOW-
ING  SOME IMPROVEMENT IN THE NATION'S AND THE STATE'S UNEMPLOYMENT RATE,
AT THE SAME TIME SHOW A STAGGERING LEVEL OF  UNEMPLOYMENT  AMONG  YOUTHS
AND  PARTICULARLY FROM MINORITIES. THE STATE HAS A RESPONSIBILITY TO TRY
TO DEAL WITH THIS PROBLEM. WHILE THE RESOURCES THAT ARE NEEDED  TO  DEAL
WITH  IT  EFFECTIVELY ARE BEYOND THE STATE'S CAPABILITIES, THE STATE CAN
COMMIT SOME RESOURCES PARTICULARLY IN A YEAR WHEN THERE MAY BE A  BUDGET
SURPLUS  AND PROPOSALS FOR TAX CUTS TO REDUCE THE HIGH RATE OF UNEMPLOY-
MENT AMONG YOUTHS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08859-01-9
              

A. 5554                             2

  THE FOLLOWING PROGRAM IS ESTABLISHED TO FUND A YOUTH ON-THE-JOB TRAIN-
ING PROGRAM. THIS PROGRAM CAN CUT UNEMPLOYMENT AMONG TEENAGERS AND YOUNG
ADULTS AND SHOW THE WAY TO A MORE AMBITIOUS PROGRAM  FOR  WHICH  FEDERAL
FUNDS MIGHT BE SECURED. THE OUTLINE OF THE PROGRAM IS AS FOLLOWS:
  1.  TO  PLACE  YOUTHS BETWEEN THE AGES OF FOURTEEN THROUGH NINETEEN IN
JOBS IN A COMMUNITY SETTING, SUCH AS NON-PROFIT AGENCIES, YOUTH CENTERS,
SOCIAL SERVICES AGENCIES AND SENIOR CITIZEN CENTERS.
  2. TO LOCATE SUCH JOBS AND ALLOW FOR AN ANNUAL MAXIMUM OF TEN THOUSAND
ELIGIBLE HIGH SCHOOL STUDENTS TO WORK FOR TEN HOURS A WEEK AT A RATE  OF
FIVE DOLLARS AND FIFTY CENTS PER HOUR.
  3.  THE PROGRAM WILL BE ADMINISTERED THROUGH THE DEPARTMENT WHICH WILL
CONTRACT WITH PRIVATE VOLUNTARY AGENCIES AND/OR LOCAL  YOUTH  BOARDS  TO
LOCATE JOBS AND PROVIDE SUPPORT SERVICES.
  4.  A  REMEDIAL  EDUCATION  AND  TRAINING  PROGRAM  WILL BE SET UP FOR
PARTICIPATING YOUTHS.
  5. FOURTEEN MILLION DOLLARS OF STATE FUNDS SHOULD BE  APPROPRIATED  TO
FUND  THE  PROGRAM  WHICH  COULD  PROVIDE  UP TO TEN THOUSAND EMPLOYMENT
OPPORTUNITIES.
  6. PARTICIPATING EMPLOYERS SHALL  NOT  DISMISS  A  CURRENTLY  EMPLOYED
WORKER,  NOR  SHALL  THE  WORK  TIME,  WAGES  OR  BENEFITS OF ANY PERSON
EMPLOYED BE REDUCED IN ORDER TO ACCOMMODATE A YOUTH TRAINEE.
  THE LEGISLATURE FURTHER FINDS THAT THE HIGH  UNEMPLOYMENT  RATE  AMONG
YOUNG  PEOPLE,  AND  PARTICULARLY AMONG MINORITIES, REQUIRES A CONCERTED
AND SUBSTANTIAL GOVERNMENTAL EFFORT AIMED AT HELPING THIS AGE GROUP  AND
ESPECIALLY  THOSE  PERSONS WHO, BECAUSE OF LOCATION AND BACKGROUND, FIND
IT PARTICULARLY DIFFICULT (IF NOT IMPOSSIBLE) TO LOCATE EMPLOYMENT.
  THE USE OF FOURTEEN MILLION DOLLARS IN STATE FUNDS CAN PROVIDE A MEAN-
INGFUL PROGRAM TO ATTACK UNEMPLOYMENT AMONG YOUTHS BY MAKING IT  ECONOM-
ICALLY  FEASIBLE  FOR  PARTICIPATING  EMPLOYERS  TO HIRE AND TRAIN UNEM-
PLOYED, DISADVANTAGED YOUTHS.
  THE YOUTH ON-THE-JOB TRAINING PROGRAM WILL NOT  REQUIRE  PARTICIPATING
AGENCIES  AND CENTERS TO RESTRUCTURE THEIR OPERATIONS BUT MERELY TO HIRE
THE YOUTH AND AFFORD HIM  OR  HER  THE  OPPORTUNITY  TO  OBTAIN  GAINFUL
EMPLOYMENT  AND  TRAINING  IN  THE  PARTICULAR SKILLS OF THE TRADE, THUS
ENABLING THE YOUTH TO BECOME A VALUABLE ASSET  TO  THE  COMPANY  AND  TO
ENTER INTO AND REMAIN WITHIN THE MAINSTREAM OF EMPLOYMENT.
  S  856-A.  PLACEMENT  OF  YOUTHS.  THE  DEPARTMENT  THROUGH  THE YOUTH
ON-THE-JOB TRAINING PROGRAM SHALL SEEK TO PLACE YOUTHS IN  VARIOUS  JOBS
IN  A  COMMUNITY  SETTING,  SUCH  AS NON-PROFIT AGENCIES, YOUTH CENTERS,
SOCIAL  SERVICES  AGENCIES  AND  SENIOR  CITIZEN  CENTERS  BY  PROVIDING
REIMBURSEMENT TO SUCH PARTICIPATING EMPLOYERS TO COMPENSATE THEM FOR THE
ADDITIONAL  EXPENSES  AND  LOST  PRODUCTIVITY  DIRECTLY  ATTRIBUTABLE TO
CARRYING OUT THE PURPOSES OF THE PROGRAM. SUCH FUNDS SHALL  BE  PAID  TO
THE PARTICIPATING EMPLOYER PURSUANT TO INDIVIDUAL CONTRACTS ENTERED INTO
BETWEEN  A  PARTICIPATING EMPLOYER AND THE LOCAL COUNTY YOUTH OFFICES OR
PRIVATE VOLUNTARY AGENCIES ACTING UNDER CONTRACT WITH THE DEPARTMENT.
  ALL WAGES TO BE PAID TO THE YOUTH TRAINEES SHALL BE AT A RATE OF  FIVE
DOLLARS AND FIFTY CENTS PER HOUR FOR A MAXIMUM OF TEN HOURS A WEEK.
  S  856-B.  ELIGIBILITY.  1. TO BE ELIGIBLE TO PARTICIPATE IN A PROGRAM
UNDER THIS ARTICLE A PERSON MUST BE:
  A. BETWEEN THE AGES OF FOURTEEN AND NINETEEN YEARS;
  B. FROM A FAMILY THE ANNUAL INCOME OF WHICH DOES NOT EXCEED NINE THOU-
SAND DOLLARS FOR A FAMILY OF THREE, OR ONE  THOUSAND  DOLLARS  FOR  EACH
ADDITIONAL FAMILY MEMBER.
  2.  THE COMMISSIONER MAY, FOR GOOD CAUSE SHOWN, PROVIDE FOR THE WAIVER
OF ANY OF THE ABOVE QUALIFICATIONS AND THE ESTABLISHMENT OF LOCAL  VARI-

A. 5554                             3

ATIONS  IN  FAMILY  INCOME  CRITERIA  BY THE LOCAL CONTRACT AGENCY. SUCH
WAIVER OR LOCAL VARIATION SHALL BE ISSUED IN WRITING AND SHALL  SET  OUT
THE  REASONS WHY THE WAIVER OR LOCAL VARIATION IS NECESSARY TO CARRY OUT
THE SPECIFIC PROGRAM PURPOSES.
  S  856-C. REIMBURSEMENT PERIOD AND EMPLOYER AUTHORITY. 1.  ANY PARTIC-
IPATING EMPLOYER SHALL BE REIMBURSED DIRECTLY PURSUANT TO THE  TERMS  OF
HIS  OR HER CONTRACT FOR A MAXIMUM PERIOD OF THIRTY WEEKS. ANY UNAUTHOR-
IZED RESIGNATION BY A YOUTH FROM THE PROGRAM SHALL BE  REVIEWED  BY  THE
COMMISSIONER  AND A DETERMINATION MADE AS TO WHETHER THE YOUTH SHOULD BE
PERMITTED TO CONTINUE IN THE PROGRAM OR BE PERMANENTLY DROPPED.
  2. AN EMPLOYER SHALL HAVE FULL AUTHORITY OVER HIS OR HER  TRAINEE  AND
SHALL  HAVE  THE  SAME AUTHORITY TO DISMISS A YOUTH TRAINEE AS HE OR SHE
WOULD ANY OTHER EMPLOYEE. THE YOUTH TRAINEE SHALL HAVE THE PROTECTION OF
THE SAME SAFEGUARDS AGAINST DISMISSAL AS ANY OTHER EMPLOYEE.
  S 856-D.  DISPLACEMENT CLAUSE.  ALL CONTRACTS RELATIVE  TO  THE  YOUTH
ON-THE-JOB  TRAINING  PROGRAM SHALL EXPRESSLY STATE THAT THOSE EMPLOYERS
PARTICIPATING IN THE PROGRAM SHALL  NOT  DISMISS  A  CURRENTLY  EMPLOYED
WORKER,  NOR  SHALL  THE  WORK  TIME,  WAGES  OR BENEFITS OF ANY PERSONS
EMPLOYED BE REDUCED IN ORDER TO ACCOMMODATE A YOUTH TRAINEE.
  S 856-E.  PARTICIPATING EMPLOYER SELECTION.   1.   THE  PROGRAM  SHALL
SEEK  TO  PLACE YOUNG PEOPLE IN THOSE AGENCIES AND CENTERS LOCATED IN OR
NEAR THEIR RESIDENT TOWNS OR CITIES.
  2. A PARTICIPATING EMPLOYER SHALL NOT BE BOUND UNDER  THE  PROGRAM  TO
PROVIDE  THE  YOUTH WITH WORK BEYOND THE REIMBURSEMENT PERIOD, PROVIDED,
HOWEVER, THAT EMPLOYERS SHALL BE ENCOURAGED TO DO SO.
  S 856-F.  COOPERATION OF THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES
AND DEPARTMENT OF EDUCATION. THE DEPARTMENT SHALL, TO WHATEVER EXTENT IT
DEEMS  ADVISABLE,  COORDINATE  THE INVOLVEMENT OF THE OFFICE OF CHILDREN
AND FAMILY SERVICES IN THE IMPLEMENTATION AND  MONITORING,  AND  OF  THE
EDUCATION DEPARTMENT IN THE VOCATIONAL AND REMEDIAL EDUCATION ASPECTS OF
THE PROGRAM.
  S 856-G.  ASSISTANCE OF VOLUNTARY AGENCIES.  THE LOCAL VOLUNTARY AGEN-
CIES  WITH WHICH THE DEPARTMENT CONTRACTS SHALL PROVIDE NECESSARY TRAIN-
ING AND EDUCATIONAL FUNCTIONS. IN SELECTING THE PARTICULAR LOCAL  VOLUN-
TARY INSTITUTIONS WITH WHICH TO CONTRACT, THE DEPARTMENT SHALL, WHEREVER
POSSIBLE,  CONTRACT ONLY WITH THOSE AGENCIES THAT ALREADY HAVE AN ESTAB-
LISHED RECORD OF PROVIDING SATISFACTORY  SERVICES.  IF  NO  SUCH  AGENCY
EXISTS,  THE  DEPARTMENT MAY ESTABLISH SUCH SUPPORTING SYSTEM, EITHER ON
ITS OWN INITIATIVE OR BY SUPPORTING AND ENCOURAGING THE CREATION OF  NEW
VOLUNTARY AGENCIES SPECIFICALLY FOR THAT PURPOSE.
  S  2.  The  sum  of fourteen million dollars ($14,000,000), or so much
thereof as may be necessary, is hereby appropriated to the department of
labor from any moneys in the state treasury in the general fund  to  the
credit  of  the  state  purposes  account not otherwise appropriated for
services and expenses of the department for the purposes of carrying out
the provisions of this act. Such sum shall be payable on the  audit  and
warrant  of  the  state comptroller on vouchers certified or approved by
the commissioner of labor, or his or her duly designated  representative
in the manner provided by law.
  S  3.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.