S T A T E O F N E W Y O R K
________________________________________________________________________
8389
2025-2026 Regular Sessions
I N S E N A T E
June 6, 2025
___________
Introduced by Sen. RAMOS -- (at request of the Department of Labor) --
read twice and ordered printed, and when printed to be committed to
the Committee on Rules
AN ACT to amend the labor law, in relation to the New York state work-
force development board
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 852 of the labor law, as added by chapter 624 of
the laws of 1999, and subdivision 1 as amended by chapter 355 of the
laws of 2008, is amended to read as follows:
§ 852. New York state workforce [investment] DEVELOPMENT board. 1.
Creation and constitution. (a) The governor shall establish a board,
within the department, to be known as the New York state workforce
[investment] DEVELOPMENT board. The board shall be composed of forty-
nine members, including the following permanent members OR SUCH MEMBERS'
DESIGNEES: the governor; two members of the senate, appointed by the
temporary president of the senate; two members of the assembly,
appointed by the speaker of the assembly; the commissioners of labor,
education, [of] children and family services, temporary and disability
assistance and economic development; the [chair] DIRECTOR of [the urban
development corporation] A NEW YORK STATE VOCATIONAL REHABILITATION
PROGRAM AUTHORIZED UNDER TITLE I OF THE REHABILITATION ACT OF 1973 (29
U.S.C. 720 ET SEQ.); and the chancellor of the state university of New
York.
(b) The remaining thirty-seven members of the board shall be appointed
by the governor as follows:
(i) twenty-five representatives of business who:
(A) are owners of businesses, chief executives or operating officers
of businesses, [and] OR other business executives or employers with
optimum policymaking or hiring authority, [including] AND WHO, IN ADDI-
TION, MAY BE members of local workforce investment boards;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10480-01-5
S. 8389 2
(B) represent businesses [with], INCLUDING SMALL BUSINESSES, OR ORGAN-
IZATIONS REPRESENTING BUSINESSES DESCRIBED IN THIS SUBCLAUSE THAT
PROVIDE employment opportunities that [reflect the employment opportu-
nities of], AT A MINIMUM, INCLUDE HIGH-QUALITY, WORK-RELEVANT TRAINING
AND DEVELOPMENT IN IN-DEMAND INDUSTRY SECTORS OR OCCUPATIONS IN the
state;
(C) are appointed from among individuals nominated by state business
organizations and business trade associations; and
(D) include one representative from each of the state's five largest
industry sectors as determined by the department;
(ii) two chief elected officials (representing both cities and coun-
ties, where appropriate);
(iii) four representatives of labor organizations, who have been nomi-
nated by the New York State American Federation of Labor [and] -
Congress of Industrial Organizations;
(iv) [two representatives of individuals and organizations that have
experience with respect to] ONE REPRESENTATIVE OF AN ORGANIZATION THAT
HAS DEMONSTRATED EXPERIENCE AND EXPERTISE IN ADDRESSING THE EMPLOYMENT,
TRAINING, OR EDUCATION NEEDS OF ELIGIBLE youth [activities, nominated by
state youth], INCLUDING REPRESENTATIVES OF organizations THAT SERVE
OUT-OF-SCHOOL YOUTH;
(v) two representatives of individuals and organizations that have
experience and expertise in the delivery of workforce investment activ-
ities, including chief executive officers of community colleges and
community-based organizations nominated by associations representing
community colleges and community-based organizations within the state;
(vi) one member who is a veteran nominated from a list provided by the
New York State American Federation of Labor - Congress of Industrial
Organizations; [and]
(vii) one member with experience in mature worker issues nominated
from a list provided by the New York State American Federation of Labor
- Congress of Industrial Organizations[.]; AND
(VIII) ONE REPRESENTATIVE WHO MUST BE A MEMBER OF A LABOR ORGANIZATION
OR A TRAINING DIRECTOR FROM A JOINT-LABOR-MANAGEMENT REGISTERED APPREN-
TICESHIP PROGRAM, OR, IF NO SUCH PROGRAM EXISTS IN THE STATE, A MEMBER
OF A LABOR ORGANIZATION OR TRAINING DIRECTOR WHO IS A REPRESENTATIVE OF
A REGISTERED APPRENTICESHIP PROGRAM.
(c) Members of the board that represent organizations, agencies, or
other entities shall be members with optimum policymaking authority
within such organizations, agencies or entities. The members of the
board shall represent diverse regions of the state, including urban,
rural and suburban areas.
(d) Members, excluding those specifically designated permanent
members, shall be appointed for the following terms: ten members shall
be appointed for one year; ten members shall be appointed for two years;
and [nineteen] SEVENTEEN members shall be appointed for three years.
Thereafter, the terms of new members or members reappointed shall be
three years.
(e) The board membership of any appointee described in paragraph (b)
of this subdivision shall cease upon a change in such member's qualify-
ing status. In such event, the governor shall appoint a new member
representing the same interest as that originally represented by such
member.
(f) Any member appointed to fill a vacancy shall serve the balance of
the term that was vacated.
S. 8389 3
(g) Members of the board shall receive no compensation, but shall be
entitled to reimbursement for any necessary expenses incurred in
connection with the performance of their duties.
(h) The board shall meet no less than quarterly each calendar year.
2. Chairperson. The governor shall select a chairperson for the board
from among the representatives described in subparagraph (i) of para-
graph (b) of subdivision one of this section.
3. Duties and responsibilities of the board. The board shall assist
the governor in fulfilling the requirements of the federal [Workforce
Investment Act of 1998 (P.L.105-220) including:
(a) development of the state plan;
(b) development and continuous improvement of a statewide system of
activities that are funded under subtitle B of title I of the federal
Workforce Investment Act of 1998 (P.L. 105-220) or carried out through a
one-stop delivery system that receives funds under such subtitle,
including:
(i) development of linkages in order to assure coordination and nondu-
plication among the programs and activities that comprise the one-stop
delivery system; and
(ii) review of local plans;
(c) commenting at least once annually on the measures taken pursuant
to paragraph fourteen of subdivision (b) of section one hundred thirteen
of the Carl D. Perkins Vocational and Applied Technology Education Act
(20 U.S.C.2323 (b) (14));
(d) designation of local workforce investment areas. With regard to
designations that are not automatic or temporary, the governor may
approve a request from any unit of general local government (including a
combination of such units) for designation as a local area if the board
determines, taking into account the factors described in clauses (i)
through (v) of subparagraph (B) of paragraph (1) of subdivision (a) of
section one hundred sixteen of the federal Workforce Investment Act of
1998 (P.L. 105-220), and recommends to the governor that such area
should be so designated;
(e) development of allocation formulas for the distribution of funds
for adult employment and training activities and youth activities to
local areas;
(f) development and continuous improvement of comprehensive state
performance measures, including state adjusted levels of performance to
assess the effectiveness of the workforce investment activities in the
state;
(g) development of the statewide employment statistics system
described in subdivision (e) of section fifteen of the Wagner/Peyser
Act; and
(h) development of an application for incentive grants awarded by the
secretary of labor to states that exceed the state adjusted levels of
performance] WORKFORCE INNOVATION AND OPPORTUNITY ACT (P.L. 113-128) OR
ANY SUCCESSOR ACT.
4. Subcommittees. The board may establish subcommittees to examine
areas of particular interest or to assist it in monitoring the [long
term] LONG-TERM needs of employers and job seekers and setting appropri-
ate goals to address such needs. Such areas or needs may include, but
are not limited to, incumbent workers, transitional workers, emerging
workers, and apprenticeship.
5. Staffing. Staff support for the state board shall be provided by
the department in consultation with appropriate workforce [investment]
DEVELOPMENT partners.
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6. Conflict of interest. A member of the board may not (a) vote on a
matter under consideration by the state board (i) regarding the
provision of services by such member or by an entity that such member
represents; or (ii) that would provide direct financial benefit to such
member or the immediate family of such member; or (b) engage in any
other activity determined by the governor to constitute a conflict of
interest as specified in the state plan. THIS SUBDIVISION SHALL ALSO
APPLY TO SUCH MEMBERS' DESIGNEES.
7. Removal. Any non-permanent member of the board may be removed by
the governor for cause.
8. Transition. Whenever the job training partnership council, the job
training partnership committee, [or] the job training coordinating coun-
cil, OR THE NEW YORK STATE WORKFORCE INVESTMENT BOARD is referred to or
designated in any general, special or local law, or in any rule, regu-
lation, contract or other document, such reference shall be deemed to
refer to the New York state workforce [investment] DEVELOPMENT board.
9. Sunshine provisions. The state board shall make available to the
public, on a regular basis through open meetings, information regarding
the activities of the board, including information regarding the state
plan prior to submission of the plan, information regarding membership,
and, on request, minutes of formal meetings of the state board.
§ 2. This act shall take effect immediately.
