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.
 S. 8389                             4
 
   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.