S T A T E   O F   N E W   Y O R K
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                                  4429

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced  by  M.  of  A.  SCARBOROUGH,  PEOPLES-STOKES, TITUS, COLTON,
  V. LOPEZ, JACOBS, ORTIZ, J. RIVERA -- Multi-Sponsored by -- M.  of  A.
  AUBRY,  BOYLAND,  BRENNAN, CANESTRARI, COOK, CYMBROWITZ, GLICK, MAYER-
  SOHN, McENENY, MILLMAN, NOLAN, PHEFFER, ROBINSON,  TOWNS,  WEISENBERG,
  WRIGHT -- read once and referred to the Committee on Labor

AN  ACT  to  amend the labor law, in relation to establishing the summer
  employment program

  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
attending classes.
  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
workplace expectations.
  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
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03592-02-1

              

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                              ARTICLE 25-C
                        SUMMER EMPLOYMENT PROGRAM
SECTION 862.   SHORT TITLE.
        862-A. ADMINISTRATION.
        862-B. PROGRAM.
        862-C. PROVIDERS.
        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  TWELVE  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
WEEK; AND
  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
LEVEL.
  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
THE FOLLOWING:
  A. WAGES AND BENEFITS;
  B. TRANSPORTATION;
  C. CLOTHING ALLOWANCE INCLUDING FULL-COST OF UNIFORMS; AND

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  D. TOOLS AND SUPPLIES.
  2. NO MORE THAN TEN PERCENT OF THE FUNDS SHALL BE USED FOR ADMINISTRA-
TIVE PURPOSES.
  S  862-E.  REPORTING  AND EVALUATION. ON OR BEFORE DECEMBER FIRST, TWO
THOUSAND THIRTEEN 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-
IPANTS INCLUDING:
  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, 2012.