S T A T E O F N E W Y O R K
________________________________________________________________________
4794
2015-2016 Regular Sessions
I N A S S E M B L Y
February 6, 2015
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Introduced by M. of A. BUTLER -- read once and referred to the Committee
on Economic Development
AN ACT to amend the general municipal law and the state finance law, in
relation to empire zone skills development
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general municipal law is amended by adding a new
section 961-a to read as follows:
S 961-A. SKILLS DEVELOPMENT PLAN. 1. ANY ENTITY APPLYING FOR CERTIF-
ICATION AS A QUALIFIED EMPIRE ZONE ENTERPRISE SHALL INCLUDE IN ITS
APPLICATION A WORKFORCE SKILLS DEVELOPMENT PLAN. ADDITIONALLY, QUALIFIED
EMPIRE ZONE ENTERPRISES SHALL INCLUDE IN THEIR ANNUAL REPORT OF CERTI-
FIED BUSINESSES, REQUIRED BY THE COMMISSIONER, A WORKFORCE SKILLS DEVEL-
OPMENT PLAN. SUCH PLAN SHALL INCLUDE THE ENTERPRISE'S IN-HOUSE TRAINING
PROGRAM PLANS, TRAINING MATERIALS TO BE PURCHASED AND UTILIZED, TESTING
MECHANISMS TO BE IMPLEMENTED, SKILLS BENCHMARKS THE ENTERPRISE WILL
MEET, AND ANY OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONER.
HOWEVER, IN THE EVENT THAT THE ENTERPRISE DOES NOT ELECT TO PROVIDE
IN-HOUSE TRAINING, IT MUST PROVIDE MONEYS TO THE SKILLS DEVELOPMENT
TRAINING FUND ESTABLISHED IN SECTION EIGHTY-NINE-I OF THE STATE FINANCE
LAW. THE AMOUNT OF MONEYS SHALL BE DETERMINED BY THE COMMISSIONER AFTER
HIS OR HER EVALUATION OF SUCH ENTERPRISE.
2. THE COMMISSIONER, IMMEDIATELY UPON THE EFFECTIVE DATE OF THIS
SECTION, SHALL PROMULGATE RULES AND REGULATIONS DEEMED NECESSARY TO
CARRY OUT THE PROVISIONS OF THIS SECTION. SUCH RULES AND REGULATIONS
SHALL INCLUDE, BUT NOT BE LIMITED TO, SPECIFYING INFORMATION TO BE
INCLUDED IN THE SKILLS PLAN, CREATING A PROCESS FOR EVALUATING SKILLS
DEVELOPMENT PLANS, CREATING PENALTIES FOR NOT MEETING PLAN GOALS, AND
CREATING MECHANISMS THROUGH WHICH COMPANIES CAN UPDATE THEIR PLANS.
ALSO, SUCH RULES AND REGULATIONS SHALL CREATE A PROCESS THROUGH WHICH
BUSINESSES WHO OPT NOT TO PROVIDE A SKILLS PLAN MUST CONTRIBUTE TO THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03543-01-5
A. 4794 2
SKILLS DEVELOPMENT TRAINING FUND, DEFINE APPROPRIATE LOCAL ENTITIES TO
CARRY OUT SKILLS TRAINING, WHICH MUST INCLUDE, AT A MINIMUM, THE LOCAL
ECONOMIC DEVELOPMENT AGENCIES AND THE LOCAL WORKFORCE DEVELOPMENT BOARD,
PROVIDE FOR THE FUNDING OF SUCH LOCAL ENTITIES AND CREATE GUIDELINES FOR
THE USE OF SUCH FUNDS.
S 2. The state finance law is amended by adding a new section 89-i to
read as follows:
S 89-I. SKILLS DEVELOPMENT TRAINING FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE
AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "SKILLS DEVELOP-
MENT TRAINING FUND".
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
OF ECONOMIC DEVELOPMENT, PURSUANT TO THE PROVISIONS OF SECTION NINE
HUNDRED SIXTY-ONE-A OF THE GENERAL MUNICIPAL LAW AND ALL OTHER MONEYS
APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER FUND OR
SOURCE PURSUANT TO LAW. FOR EACH STATE FISCAL YEAR, THERE SHALL BE
APPROPRIATED TO THE FUND BY THE STATE, IN ADDITION TO ALL OTHER MONEYS
REQUIRED TO BE DEPOSITED INTO SUCH FUND, AN AMOUNT EQUAL TO THE AMOUNTS
OF MONIES COLLECTED AND DEPOSITED INTO SUCH FUND PURSUANT TO SECTION
NINE HUNDRED SIXTY-ONE-A OF THE GENERAL MUNICIPAL LAW DURING THE PRECED-
ING CALENDAR YEAR, AS CERTIFIED BY THE COMPTROLLER. NOTHING CONTAINED IN
THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR
BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND
DEPOSITING THEM INTO SUCH FUND ACCORDING TO LAW.
3. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMPTROLLER
SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAK-
ER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE AND CHAIR OF
THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE AMOUNT OF MONEY DEPOSITED IN
SUCH FUND DURING THE PRECEDING CALENDAR YEAR AS THE RESULT OF REVENUE
DERIVED PURSUANT TO SECTION NINE HUNDRED SIXTY-ONE-A OF THE GENERAL
MUNICIPAL LAW.
4. MONEYS IN SUCH FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMIN-
GLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE COMMISSIONER OF TAXA-
TION AND FINANCE AND THE COMPTROLLER.
5. THE MONEYS IN SUCH FUND SHALL BE EXPENDED ONLY FOR THE PURPOSES OF
WORKFORCE SKILLS DEVELOPMENT AUTHORIZED BY SECTION NINE HUNDRED
SIXTY-ONE-A OF THE GENERAL MUNICIPAL LAW.
6. ALL PAYMENTS FROM SUCH FUND SHALL BE MADE BY THE DEPARTMENT OF
TAXATION AND FINANCE AFTER AUDIT AND WARRANT OF THE COMPTROLLER ON
VOUCHERS APPROVED BY THE COMMISSIONER OF ECONOMIC DEVELOPMENT.
S 3. This act shall take effect on the sixtieth day after it shall
have become a law.