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S768Senate2019-2020 SessionSame asA1426

Prioritize Disadvantaged Job Seekers

Official title

“Relates to requiring first consideration of persons defined in the federal workforce investment act programs for hiring for positions created as a result of economic development assistance”

Status
In Senate Committee
Energy And Telecommunications
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Energy And Telecommunications

What's happening

This bill requires businesses receiving certain types of economic development assistance in New York to give hiring preference to unemployed, low-income individuals, dislocated workers, veterans, individuals with disabilities, and those training for nontraditional employment.

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Who cares

Headline styles

Prioritize Disadvantaged Job Seekers

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Velmanette Montgomery

Senator · Senate District 25

Chair, Children And Families

1 Co-sponsor

History

  1. Referred to energy and telecommunications
  2. Referred to energy and telecommunications

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A1426Assembly

Prioritize Disadvantaged Job Seekers

In Assembly Committee · Labor · Sponsor Jo Anne Simon

Impact 5 · Moderate0% to pass

Full text

7 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

768

2019-2020 Regular Sessions

IN SENATE (Prefiled)

January 9, 2019

Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications

AN ACT to amend the economic development law, the public authorities law, the general municipal law and the New York state urban development corporation act, in relation to requiring first consideration of unemployed individuals, low-income individuals, dislocated workers, individuals training for nontraditional employment, as defined in the federal workforce investment act of nineteen hundred ninety-eight (P.L. 105-220), veterans, and individuals with disabilities for hiring for positions created as a result of economic development assistance

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision (j) of section 184 of the economic development law, as added by chapter 32 of the laws of 1987, is amended to read as follows:

(j) the extent of the applicant's willingness to make jobs available to [persons defined as eligible for services under the federal job training partnership act of nineteen hundred eighty-two] unemployed individuals, low-income individuals, dislocated workers, individuals training for non-traditional employment, as defined in the federal workforce investment act of nineteen hundred ninety-eight (P.L. 105-220), veterans, and individuals with disabilities and the extent of the applicant's willingness to satisfy affirmative action goals;

§ 2. Subdivisions 1 and 5 of section 202 of the economic development law, as added by chapter 839 of the laws of 1987, are amended to read as follows:

1. The department shall provide assistance to approved applicants for the purpose of offering skills training services that will foster economic development by creating or preserving jobs. For the purposes of

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01783-01-9

S. 768 2

this section, "applicant" shall mean an educational agency, business, or industry group or association, an employee union or organizations, a community based organization, grant recipient or administrative entity of the [service delivery area] local workforce investment area and [private industry council] local workforce investment board as defined by the federal [job training partnership act (P.L. 97-300)] workforce investment act of nineteen hundred ninety-eight (P.L. 105-220), provided that such groups have demonstrated effectiveness in the delivery of training services. Any assistance provided shall be matched at least equally by financing or contribution from other sources. Such skills training services shall include:

(a) training for entry-level employment and worker skills upgrading; or

(b) payment of on-the-job training costs for a period not to exceed twelve weeks or classroom instruction, or a combination thereof.

5. For any positions opened as a result of assistance provided under this section businesses so assisted shall provide notice of position openings to the local workforce investment board and shall first consider [persons eligible to participate in federal job training partnership act (P.L. 97-300) programs] unemployed individuals, low-income individuals, dislocated workers, individuals training for non-traditional employment, as defined in the federal workforce investment act of nineteen hundred ninety-eight (P.L. 105-220), veterans, and individuals with disabilities who shall be referred to the business by administrative entities of [service delivery areas] local workforce investment areas created pursuant to such act or by the [job service division] division of employment services of the department of labor.

§ 3. Subdivision 8 of section 224 of the economic development law, as added by chapter 291 of the laws of 1990, is amended to read as follows:

8. Job listings. For any positions opened as a result of assistance provided under this section businesses so assisted shall provide notice of position openings to the local workforce investment board and shall first consider [persons eligible to participate in federal job training partnership act (P.L. 97-300) programs] unemployed individuals, low-income individuals, dislocated workers, individuals training for non-traditional employment, as defined in the federal workforce investment act of nineteen hundred ninety-eight (P.L. 105-220), veterans, and individuals with disabilities who shall be referred to the business by administrative entities of [service delivery areas] local workforce investment areas created pursuant to such act or by the [job service division] division of employment services of the department of labor.

§ 4. Subparagraph 9 of paragraph (a) of subdivision 13 of section 1005 of the public authorities law, as amended by chapter 645 of the laws of 2006, is amended to read as follows:

(9) the extent of the business' willingness to make jobs available to [persons defined as eligible for services under the federal job training partnership act of nineteen hundred eighty-two] unemployed individuals, low-income individuals, dislocated workers, individuals training for non-traditional employment, as defined in the federal workforce investment act of nineteen hundred ninety-eight (P.L. 105-220), veterans, and individuals with disabilities and the extent of the business' willingness to satisfy affirmative action goals;

§ 5. Subdivision 13-d of section 1804 of the public authorities law, as amended by chapter 839 of the laws of 1992, is amended to read as follows:

S. 768 3

13-d. To require that any new employment opportunities created in connection with industrial or commercial projects financed through loans or loan guarantees from the authority shall be listed with the New York state department of labor [job service division] division of employment services and with the administrative entity of the [service delivery area] local workforce investment area created pursuant to the federal [job training partnership act (P.L. 97-300)] workforce investment act of nineteen hundred ninety-eight (P.L. 105-220) in which the project is located and shall first consider for such employment opportunities [persons eligible to participate in federal job training partnership act programs] unemployed individuals, low-income individuals, dislocated workers, individuals training for non-traditional employment, as defined in the federal workforce investment act of nineteen hundred ninety-eight (P.L. 105-220), veterans, and individuals with disabilities who shall be referred to such firms by such administrative entities or by the [job service division] division of employment services of the department of labor; provided, however, that nothing contained [herein] in this section shall be construed to require project occupants or business entities as defined in section eighteen hundred twenty-seven of this title, to violate any existing collective bargaining agreement with respect to the hiring of new employees. Such listing shall be in a manner and form prescribed by the authority in consultation with the commissioner of labor and the commissioner of economic development.

§ 6. Subdivision 2 of section 1967-a of the public authorities law, as added by chapter 356 of the laws of 1993, is amended to read as follows:

2. Except as is otherwise provided by collective bargaining contracts or agreements, new employment opportunities created as a result of projects of the agency shall be listed with the New York State Department of Labor [Community Services Division] division of employment services, and with the administrative entity of the [service delivery area] local workforce investment area created by the federal [job training partnership act (P.L. No. 97-300)] workforce investment act (P.L. 105-220) in which the project is located. Except as is otherwise provided by collective bargaining contracts or agreements, sponsors of projects shall agree, where practicable, to first consider [persons eligible to participate in federal job training partnership (P.L. No. 97-300) programs] unemployed individuals, low-income individuals, dislocated workers, individuals training for non-traditional employment, as defined in the federal workforce investment act of nineteen hundred ninety-eight (P.L. 105-220), veterans, and individuals with disabilities who shall be referred by administrative entities of [service delivery areas] local workforce investment areas created pursuant to such act or by [community services division] the division of employment services of the department of labor for such new employment opportunities.

§ 7. Subdivision 2 of section 2329 of the public authorities law, as added by chapter 356 of the laws of 1993, is amended to read as follows:

2. Except as is otherwise provided by collective bargaining contracts or agreements, new employment opportunities created as a result of projects of the agency shall be listed with the New York state department of labor [community services division] division of employment services, and with the administrative entity of the [service delivery area] local workforce investment area created by the federal [job training partnership act (P.L. No. 97-300)] workforce investment act (P.L. 105-220) in which the project is located. Except as is otherwise provided by collective bargaining contracts or agreements, sponsors of projects shall agree, where practicable, to first consider [persons

S. 768 4

eligible to participate in federal job training partnership (P.L. No. 97-300) programs] unemployed individuals, low-income individuals, dislocated workers, individuals training for non-traditional employment, as defined in the federal workforce investment act of nineteen hundred ninety-eight (P.L. 105-220), veterans, and individuals with disabilities who shall be referred by administrative entities of [service delivery areas] local workforce investment areas created pursuant to such act or by the [community services division] division of employment services of the department of labor for such new employment opportunities.

§ 8. Subdivision 10 of section 3102-a of the public authorities law, as added by chapter 291 of the laws of 1990, is amended to read as follows:

10. For any positions opened as a result of a project conducted pursuant to this section businesses so assisted shall provide notice of position openings to the local workforce investment board and shall first consider [persons eligible to participate in federal job training partnership act (P.L. 97-300) programs] unemployed individuals, low-income individuals, dislocated workers, individuals training for non-traditional employment, as defined in the federal workforce investment act of nineteen hundred ninety-eight (P.L. 105-220), veterans, and individuals with disabilities who shall be referred to the business by administrative entities of [service delivery areas] local workforce investment areas created pursuant to such act or by the [job service division] division of employment services of the department of labor.

§ 9. Subdivision 2 of section 858-b of the general municipal law, as added by chapter 356 of the laws of 1993, is amended to read as follows:

2. Except as is otherwise provided by collective bargaining contracts or agreements, new employment opportunities created as a result of projects of the agency shall be listed with the New York state department of labor [community services division] division of employment services, and with the administrative entity of the [service delivery area] local workforce investment area created by the federal [job training partnership act (P.L. No. 97-300)] workforce investment act (P.L. 105-220) in which the project is located. Except as is otherwise provided by collective bargaining contracts or agreements, sponsors of projects shall agree, where practicable, to first consider [persons eligible to participate in the federal job training partnership (P.L. No. 97-300) programs] unemployed individuals, low-income individuals, dislocated workers, individuals training for non-traditional employment, as defined in the federal workforce investment act of nineteen hundred ninety-eight (P.L. 105-220), veterans, and individuals with disabilities who shall be referred by administrative entities of [service delivery areas] local workforce investment areas created pursuant to such act or by the [community services division] division of employment services of the department of labor for such [such] new employment opportunities.

§ 10. Section 9-b of section 1 of chapter 174 of the laws of 1968 constituting the New York state urban development corporation act, as added by chapter 839 of the laws of 1987, is amended to read as follows:

§ 9-b. Positions opened as a result of assistance provided pursuant to section nine-a of this act. For any positions opened as a result of assistance provided pursuant to section nine-a of this act, industrial firms so assisted shall provide notice of position openings to the local workforce investment board and shall first consider [persons eligible to participate in federal job training partnership act (P.L. 97-300) programs] unemployed individuals, low-income individuals, dislocated workers, individuals training for non-traditional employment, as defined

S. 768 5

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the economic development law, the public authorities law, the general municipal law and the New York state urban development corporation act, in relation to requiring first consideration of unem- ployed individuals, low-income individuals, dislocated workers, individ- uals training for nontraditional employment, as defined in the federal workforce investment act of nineteen hundred ninety-eight (P.L. 105-220), veterans, and individuals with disabilities for hiring for positions created as a result of economic development assistance

Purpose or general idea of bill

For positions created as a result of various economic development assistance programs, requires the businesses so assisted to first consider for hiring unemployed and low income individuals, dislocated workers, and individuals training for nontraditional employment, veter- ans and individuals with disabilities, as defined in the federal work- force investment act. Updates outdated references to the federal Job Training Partnership Act and the Department of Labor Job Service Divi- sion.

Summary of specific provisions

Adds or amends first consideration language in the following sections of law: Economic Development Law § 184 - NYS economic development power allocation board; Economic Development Law § 202 - skills development assistance program; Economic Development Law § 224 - export diagnostic and market development program; Public Authorities Law (PAL) § 1005 - NY Power Authority; PAL § 1804 - Job Development Authority; PAL § 1967-A Troy Industrial Development Authority; PAL § 2329 Auburn Industrial Development Authority; PAL § 3102-A. - industrial technology extension service; General Municipal Law § 858-B - Industrial Development Authori- ties; Urban Development Corporation (UDC) Act § 9-B -loans for small and medium sized business; UDC Act § 16-B - job retention and defense Indus- try working capital loan; UDC Act § 16-e - minority and women-owned business development and lending; UDC Act § 16-E - regional economic development partnership program; UDC Act § 16-H - JOBS Now program; UDC Act § 16-M empire state economic development fund.

Effects of present law which this bill would alter

Where "first consideration" language is already in law, the bill updates outdated references to the Job Training Partnership Act and the Depart- ment of Labor Job Division, and adds a requirement to notify local work force investment boards of position openings. The bill also adds first consideration provisions to two large programs that did not previously have this language, the JOBS Now program and the Empire State Economic Development Fund.

Justification

To help create new jobs, the state provides grants and loans to busi- nesses. Existing law has required for certain programs that the busi- nesses so aided give first consideration for hiring to displaced, unem- ployed and low-income New Yorkers when new jobs are created. This bill brings the law up to date by referencing the federal Workforce Invest- ment Act, and adds the "first consideration" requirement to two addi- tional economic development assistance programs.

Fiscal implications

None.

Legislative history

2009-2010: S.7644 - Died in Committee

2011-2012: S.2S0 - Died in Committee.

2013-2014: S.1324 was referred to Energy and Telecommunications Commit- tee.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.