S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4255
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2019
                                ___________
 
 Introduced  by  M.  of  A.  RA,  DiPIETRO, LAWRENCE, GARBARINO, ASHBY --
   Multi-Sponsored by -- M. of A. BARCLAY, BLANKENBUSH, BRABENEC, CROUCH,
   FINCH,  GIGLIO,  HAWLEY,  KOLB,  MALLIOTAKIS,  McDONOUGH,   B. MILLER,
   M. L. MILLER, MONTESANO, MORINELLO, ORTIZ, PALMESANO, RAIA, RODRIGUEZ,
   THIELE, WALSH -- read once and referred to the Committee on Education

 AN  ACT  to  amend  the labor law, in relation to establishing the youth
   apprenticeship program; and making an appropriation therefor (Part A);
   to amend the education law, in relation to establishing  the  enhanced
   regents  professional  diploma  (Part B); and to amend the tax law, in
   relation to establishing a youth apprenticeship tax credit (Part C)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "learning
 for work act".
   § 2. Legislative findings and intent. According to  a  recent  college
 and  career  readiness  study  released  by the New York state education
 department, only  thirty-five  percent  of  high  school  graduates  are
 college  or career ready. This lack of preparedness has driven many high
 school graduates into low-paying jobs, or college degree  programs  that
 they  are  not  interested  in, fail to lead to careers and result in an
 unreasonably high amount of student debt. For many  current  and  future
 high  school  students,  the  traditional pathway of a basic high school
 education and then on to a four-year college  may  not  be  the  correct
 route  to  take.  These students would benefit from a program that would
 prepare them for employment immediately  upon  graduating  high  school.
 Therefore,  the legislature finds it necessary to establish this "learn-
 ing for work" program in our high  schools  that  will  create  a  youth
 apprenticeship  program, an enhanced regents professional diploma with a
 designation in a specified  occupational  area  and  a  tax  credit  for
 employers  who take part in the youth apprenticeship program. This would
 further the goals of limiting the accumulation of unsustainable  student
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01523-01-9

 A. 4255                             2
 
 debt, and ensuring all students in the state of New York are prepared to
 enter the twenty-first century workforce.
   §  3.  This  act enacts into law major components of legislation which
 are necessary to implement the "learning for work act".  Each  component
 is  wholly  contained within a Part identified as Parts A through C. The
 effective date for each particular provision contained within such  Part
 is  set  forth  in  the  last section of such Part. Any provision in any
 section contained within a Part, including the  effective  date  of  the
 Part,  which  makes a reference to a section "of this act", when used in
 connection with that particular component, shall be deemed to  mean  and
 refer  to  the  corresponding  section of the Part in which it is found.
 Section five of this act sets forth the general effective date  of  this
 act.
 
                                  PART A
 
   Section  1.  The  labor law is amended by adding a new article 23-C to
 read as follows:
                                ARTICLE 23-C
                       YOUTH APPRENTICESHIP PROGRAM
 SECTION 832. DEFINITIONS.
         832-A. YOUTH APPRENTICESHIP PROGRAM.
         832-B. LOCAL PARTNERSHIP DUTIES AND RESPONSIBILITIES.
         832-C. YOUTH APPRENTICESHIP PROGRAM OUTCOME REQUIREMENTS.
         832-D. RULES AND REGULATIONS.
   § 832. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "LOCAL  PARTNERSHIP"  MEANS  ANY COMBINATION OF ONE OR MORE SCHOOL
 DISTRICTS, OTHER PUBLIC  AGENCIES,  COMMUNITY  COLLEGES,  NOT-FOR-PROFIT
 ORGANIZATIONS, INDIVIDUALS, BUSINESSES OR OTHER PERSONS, WHO HAVE AGREED
 TO  BE  RESPONSIBLE  FOR  IMPLEMENTING  AND  COORDINATING  A LOCAL YOUTH
 APPRENTICESHIP PROGRAM AND HAVE RECEIVED  FORMAL  RECOGNITION  FROM  THE
 DEPARTMENT.
   2.  "PUBLIC  AGENCY"  MEANS  A  COUNTY,  CITY, VILLAGE, TOWN OR SCHOOL
 DISTRICT OR AN AGENCY OF THIS STATE OR OF A COUNTY, CITY, VILLAGE,  TOWN
 OR SCHOOL DISTRICT.
   §  832-A. YOUTH APPRENTICESHIP PROGRAM. 1. THE DEPARTMENT SHALL ESTAB-
 LISH A YOUTH APPRENTICESHIP PROGRAM. THE  YOUTH  APPRENTICESHIP  PROGRAM
 SHALL  BE  A ONE OR TWO YEAR PROGRAM BEGINNING IN GRADE ELEVEN OR TWELVE
 AND COMBINE  ACADEMIC  CLASSROOM  COURSEWORK  WITH  MENTORED  ON-THE-JOB
 TRAINING  IN  A  SPECIFIED  OCCUPATIONAL AREA. SPECIFIC REQUIREMENTS FOR
 EACH YOUTH APPRENTICESHIP PROGRAM SHALL BE DETERMINED BY THE  RESPECTIVE
 LOCAL  PARTNERSHIP RESPONSIBLE FOR IMPLEMENTING AND COORDINATING A LOCAL
 YOUTH APPRENTICESHIP PROGRAM.
   2. THE STATE APPRENTICESHIP AND TRAINING COUNCIL, THE STATE  WORKFORCE
 INVESTMENT  BOARD, THE BOARD OF REGENTS, AND THE STATE EDUCATION DEPART-
 MENT SHALL ASSIST THE DEPARTMENT IN PROVIDING THE  YOUTH  APPRENTICESHIP
 PROGRAM UNDER SUBDIVISION ONE OF THIS SECTION.
   3.  THE  DEPARTMENT  SHALL  APPROVE OCCUPATIONS AND MAINTAIN A LIST OF
 APPROVED OCCUPATIONS FOR THE YOUTH APPRENTICESHIP PROGRAM.
   4. THE YOUTH APPRENTICESHIP PROGRAM CREATED UNDER SUBDIVISION  ONE  OF
 THIS  SECTION  SHALL  NOT  AFFECT  ANY  APPRENTICESHIP  PROGRAM  THAT IS
 GOVERNED BY ARTICLE TWENTY-THREE OF THIS CHAPTER EXCEPT THAT AN  APPREN-
 TICESHIP  PROGRAM THAT IS GOVERNED BY ARTICLE TWENTY-THREE OF THIS CHAP-
 TER MAY GRANT CREDIT TOWARD THE COMPLETION OF AN APPRENTICESHIP FOR  THE

 A. 4255                             3

 SUCCESSFUL COMPLETION OF A YOUTH APPRENTICESHIP UNDER SUBDIVISION ONE OF
 THIS SECTION.
   §  832-B. LOCAL PARTNERSHIP DUTIES AND RESPONSIBILITIES. 1. FROM FUND-
 ING UNDER THE WORKFORCE INVESTMENT ACT,  PUBLIC  LAW  105-220,  AND  THE
 WORKFORCE  INNOVATION  AND  OPPORTUNITY  ACT,  PUBLIC  LAW  113-128, THE
 DEPARTMENT MAY AWARD GRANTS  TO  APPLYING  LOCAL  PARTNERSHIPS  FOR  THE
 IMPLEMENTATION  AND  COORDINATION OF LOCAL YOUTH APPRENTICESHIP PROGRAMS
 THAT ARE APPROVED BY THE  COMMISSIONER.  A  LOCAL  PARTNERSHIP  THAT  IS
 AWARDED  A GRANT UNDER THIS SUBDIVISION MAY USE THE GRANT MONEYS AWARDED
 FOR ANY OF THE FOLLOWING IMPLEMENTATION AND COORDINATION ACTIVITIES:
   (A) RECRUITING EMPLOYERS TO PROVIDE  ON-THE-JOB  TRAINING  AND  SUPER-
 VISION FOR YOUTH APPRENTICES AND PROVIDING TECHNICAL ASSISTANCE TO THOSE
 EMPLOYERS.
   (B)  RECRUITING STUDENTS TO PARTICIPATE IN THE LOCAL YOUTH APPRENTICE-
 SHIP PROGRAM AND MONITORING THE PROGRESS OF  YOUTH  APPRENTICES  PARTIC-
 IPATING IN THE PROGRAM.
   (C)  COORDINATING  YOUTH  APPRENTICESHIP  TRAINING  ACTIVITIES  WITHIN
 PARTICIPATING SCHOOL DISTRICTS AND AMONG PARTICIPATING SCHOOL DISTRICTS,
 POSTSECONDARY INSTITUTIONS AND EMPLOYERS.
   (D)  COORDINATING  ACADEMIC,  VOCATIONAL  AND  OCCUPATIONAL  LEARNING,
 SCHOOL-BASED  AND  WORK-BASED  LEARNING  AND SECONDARY AND POSTSECONDARY
 EDUCATION FOR PARTICIPANTS IN THE LOCAL YOUTH APPRENTICESHIP PROGRAM.
   (E) ASSISTING EMPLOYERS IN IDENTIFYING AND TRAINING WORKPLACE  MENTORS
 AND MATCHING YOUTH APPRENTICES AND MENTORS.
   (F) ANY OTHER IMPLEMENTATION OR COORDINATION ACTIVITY THAT THE DEPART-
 MENT MAY DIRECT OR PERMIT THE LOCAL PARTNERSHIP TO PERFORM.
   2.  A  LOCAL PARTNERSHIP THAT IS AWARDED A GRANT UNDER SUBDIVISION ONE
 OF THIS SECTION MAY NOT USE ANY OF THE GRANT MONEYS AWARDED  TO  PROVIDE
 FUNDING  TO  A  BUSINESS  THAT  IS OPERATED FOR PROFIT OR TO A NONPROFIT
 ORGANIZATION THAT REPRESENTS BUSINESS INTERESTS, AND MAY  ONLY  BE  USED
 FOR THE IMPLEMENTATION OF SUBDIVISION ONE OF THIS SECTION.
   3. THE AMOUNT OF A GRANT AWARDED UNDER SUBDIVISION ONE OF THIS SECTION
 MAY  NOT EXCEED ONE THOUSAND DOLLARS PER YOUTH APPRENTICE. A LOCAL PART-
 NERSHIP THAT IS AWARDED A GRANT UNDER SUBDIVISION ONE  OF  THIS  SECTION
 SHALL  PROVIDE  MATCHING  FUNDS EQUAL TO AT LEAST TWENTY-FIVE PERCENT OF
 THE GRANT AMOUNT AWARDED.
   § 832-C. YOUTH APPRENTICESHIP PROGRAM OUTCOME REQUIREMENTS.    1.  THE
 FOLLOWING  OUTCOMES ARE EXPECTED OF A LOCAL YOUTH APPRENTICESHIP PROGRAM
 THAT IS FUNDED PURSUANT TO SUBDIVISION  ONE  OF  SECTION  EIGHT  HUNDRED
 THIRTY-TWO-B OF THIS ARTICLE:
   (A)  AT  LEAST EIGHTY PERCENT OF THE YOUTH APPRENTICES WHO PARTICIPATE
 IN THE PROGRAM MUST RECEIVE AN  ENHANCED  REGENTS  PROFESSIONAL  DIPLOMA
 PURSUANT  TO  SECTION  TWO  HUNDRED  EIGHT-B  OF  THE  EDUCATION  LAW ON
 COMPLETION OF THE YOUTH APPRENTICESHIP.
   (B) AT LEAST FIFTY PERCENT OF THE YOUTH APPRENTICES WHO PARTICIPATE IN
 THE PROGRAM MUST BE OFFERED EMPLOYMENT BY THE EMPLOYER THAT PROVIDED THE
 ON-THE-JOB TRAINING FOR THE YOUTH APPRENTICE ON COMPLETION OF THE  YOUTH
 APPRENTICESHIP.
   2.  ANY  STUDENT  TAKING  PART  IN  A YOUTH APPRENTICESHIP PROGRAM WHO
 RECEIVES AN ENHANCED REGENTS PROFESSIONAL DIPLOMA  PURSUANT  TO  SECTION
 TWO  HUNDRED  EIGHT-B OF THE EDUCATION LAW AND IS EITHER NOT OFFERED, OR
 CHOOSES NOT TO SEEK, EMPLOYMENT IN THEIR  SPECIFIED  OCCUPATIONAL  AREA,
 SHALL RECEIVE A MINIMUM OF FIFTEEN CREDIT HOURS TO BE APPLIED IN PURSUIT
 OF  A  POSTSECONDARY  DEGREE  AT  A STATE UNIVERSITY OF NEW YORK OR CITY
 UNIVERSITY OF NEW YORK INSTITUTION.

 A. 4255                             4

   § 832-D. RULES AND REGULATIONS. THE DEPARTMENT  SHALL  PROMULGATE  ALL
 RULES AND REGULATIONS AS SHALL BE NECESSARY TO ADMINISTER THIS ARTICLE.
   §  2.  The  sum  of up to five million dollars ($5,000,000), is hereby
 appropriated to the department of labor for the purpose of carrying  out
 the  provisions  of  this act to be funded by grants under the workforce
 investment act, Public Law 105-220, and  the  workforce  innovation  and
 opportunity act, Public Law 113-128. Such moneys shall be payable on the
 audit  and  warrant of the comptroller on vouchers certified or approved
 by the commissioner of the department of labor in the manner  prescribed
 by law.
   § 3. This act shall take effect immediately.
 
                                  PART B
 
   Section  1. The education law is amended by adding a new section 208-b
 to read as follows:
   § 208-B. ENHANCED REGENTS PROFESSIONAL  DIPLOMA.    1.  THE  BOARD  OF
 REGENTS  SHALL  CREATE  AN  ENHANCED  REGENTS  PROFESSIONAL  DIPLOMA  TO
 ACKNOWLEDGE THE PROFESSIONAL SKILLS AND SPECIFIC  OCCUPATIONAL  TRAINING
 STUDENTS  OBTAIN  IN THE COURSE OF THEIR STUDY. SUCH DEGREE WILL INCLUDE
 DESIGNATIONS AS DETERMINED BY THE COMMISSIONER THAT DENOTE  THE  PROFES-
 SIONAL  SKILLS AND SPECIFIC OCCUPATIONAL TRAINING OBTAINED BY A STUDENT.
 THE COMMISSIONER SHALL PROMULGATE REGULATIONS REGARDING THE REQUIREMENTS
 FOR AN ENHANCED REGENTS PROFESSIONAL DEGREE TO INCLUDE THE:
   A. COMPLETION OF A TECHNICAL ASSESSMENT;
   B. COMPLETION OF A WORK-SKILLS EMPLOYABILITY PROFILE;
   C. COMPLETION OF A WORK-BASED LEARNING EXPERIENCE; AND
   D. MEETING ALL REQUIREMENTS NECESSARY TO RECEIVE A  REGENTS DIPLOMA.
   2. THE COMMISSIONER, IN CONJUNCTION WITH THE STATE APPRENTICESHIP  AND
 TRAINING  COUNCIL, THE STATE WORKFORCE INVESTMENT BOARD, AND THE DEPART-
 MENT OF LABOR SHALL ESTABLISH PROFESSIONAL SKILL AND OCCUPATIONAL TRAIN-
 ING DESIGNATIONS THAT MAY BE ATTACHED TO  AN  ENHANCED  REGENTS  PROFES-
 SIONAL  DIPLOMA  THAT  WILL DENOTE THE PROFESSIONAL SKILLS A STUDENT HAS
 OBTAINED THROUGHOUT THE COURSE OF HIS OR HER STUDIES.
   3. THE COMMISSIONER, IN CONJUNCTION WITH THE STATE APPRENTICESHIP  AND
 TRAINING COUNCIL, THE STATE WORKFORCE INVESTMENT BOARD, AND THE  DEPART-
 MENT OF LABOR SHALL DESIGN A SERIES OF TECHNICAL ASSESSMENTS TO TEST THE
 SKILLS AND KNOWLEDGE STUDENTS HAVE OBTAINED IN THEIR WORK-BASED LEARNING
 EXPERIENCE.  THE  COMMISSIONER  IS  AUTHORIZED  TO INCLUDE ANY PERSON OR
 ENTITY THAT IS PART OF A LOCAL PARTNERSHIP OF THE  YOUTH  APPRENTICESHIP
 PROGRAM,  AS  DEFINED  IN  SECTION EIGHT HUNDRED THIRTY-TWO OF THE LABOR
 LAW, IN ANY AND ALL EFFORTS TO DESIGN TECHNICAL ASSESSMENTS.
   4. THE COMMISSIONER, IN CONJUNCTION WITH THE STATE APPRENTICESHIP  AND
 TRAINING  COUNCIL, THE STATE WORKFORCE INVESTMENT BOARD, AND THE DEPART-
 MENT OF LABOR SHALL CREATE A WORK-SKILL EMPLOYABILITY PROFILE FOR USE BY
 EMPLOYERS AND/OR EDUCATORS TO DOCUMENT A STUDENT'S  PROFESSIONAL  SKILLS
 AND SPECIFIC OCCUPATIONAL TRAINING.
   5.  THE  BOARD  OF  REGENTS  SHALL  PROMULGATE SUCH REGULATIONS OF THE
 COMMISSIONER AS MAY  BE  NECESSARY  TO  ESTABLISH  AN  ENHANCED  REGENTS
 PROFESSIONAL  DIPLOMA,  IMPLEMENT THE REQUIREMENTS HEREIN, AND ESTABLISH
 STANDARDS FOR WORK-BASED LEARNING EXPERIENCES INCLUDING REQUIREMENTS FOR
 VERIFICATION AND ELIGIBILITY.
   6.  THE  YOUTH  APPRENTICESHIP   PROGRAM   AS   DEFINED   IN   ARTICLE
 TWENTY-THREE-C  OF  THE  LABOR LAW SHALL BE CONSIDERED AN ELIGIBLE WORK-
 BASED LEARNING EXPERIENCE.

 A. 4255                             5
 
   7. STUDENTS FIRST ENTERING NINTH GRADE IN THE TWO THOUSAND  EIGHTEEN--
 TWO  THOUSAND  NINETEEN  SCHOOL YEAR AND THEREAFTER SHALL BE ELIGIBLE TO
 EARN AN ENHANCED REGENTS PROFESSIONAL DIPLOMA.
   § 2. This act shall take effect immediately.
 
                                  PART C
 
   Section  1.  Section  210-B  of the tax law is amended by adding a new
 subdivision 53 to read as follows:
   53. YOUTH APPRENTICESHIP  TAX  CREDIT.  (A)  ALLOWANCE  OF  CREDIT.  A
 TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTI-
 CLE  PROVIDED  THAT SUCH TAXPAYER TAKES PART IN THE YOUTH APPRENTICESHIP
 PROGRAM, PURSUANT TO ARTICLE TWENTY-THREE-C OF THE LABOR LAW.
   (B) AMOUNT OF CREDIT. THE AMOUNT OF THE CREDIT SHALL BE EQUAL  TO  ONE
 THOUSAND  FIVE  HUNDRED  DOLLARS  FOR  EACH APPRENTICE THE PARTICIPATING
 EMPLOYER SPONSORS.
   (C) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER  THIS  SUBDIVISION
 FOR  ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR THAT YEAR TO LESS
 THAN THE HIGHER OF THE AMOUNTS PRESCRIBED IN PARAGRAPH (D)  OF  SUBDIVI-
 SION ONE OF SECTION TWO HUNDRED TEN OF THIS ARTICLE.
   §  2. Section 606 of the tax law is amended by adding a new subsection
 (jjj) to read as follows:
   (JJJ) YOUTH APPRENTICESHIP TAX CREDIT. (1) ALLOWANCE  OF  CREDIT.    A
 TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTI-
 CLE  PROVIDED  THAT SUCH TAXPAYER TAKES PART IN THE YOUTH APPRENTICESHIP
 PROGRAM, PURSUANT TO ARTICLE TWENTY-THREE-C OF THE LABOR LAW.
   (2) AMOUNT OF CREDIT. THE AMOUNT OF THE CREDIT SHALL BE EQUAL  TO  ONE
 THOUSAND  FIVE  HUNDRED  DOLLARS  FOR  EACH APPRENTICE THE PARTICIPATING
 EMPLOYER SPONSORS.
   (3) APPLICATION OF CREDIT. IF THE AMOUNT OF CREDIT ALLOWED UNDER  THIS
 SUBSECTION  FOR  ANY  TAXABLE  YEAR  EXCEEDS THE TAXPAYER'S TAX FOR SUCH
 YEAR, THE EXCESS WILL NOT BE TREATED AS AN OVERPAYMENT OF TAX  AND  WILL
 NOT BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION
 SIX HUNDRED EIGHTY-SIX OF THIS ARTICLE.
   § 3. This act shall take effect immediately and shall apply to taxable
 years beginning on and after January 1, 2019.
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 5. This act shall take effect immediately; provided,  however,  that
 the applicable effective dates of Parts A through C of this act shall be
 as specifically set forth in the last section of such Parts.