STATE OF NEW YORK
________________________________________________________________________
8695
IN ASSEMBLY
January 12, 2016
___________
Introduced by M. of A. LUPINACCI, MALLIOTAKIS, KOLB, WALTER -- 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:
1 Section 1. This act shall be known and may be cited as the "learning
2 for work act".
3 § 2. Legislative findings and intent. According to a recent college
4 and career readiness study released by the New York state education
5 department, only thirty-five percent of high school graduates are
6 college or career ready. This lack of preparedness has driven many high
7 school graduates into low-paying jobs, or college degree programs that
8 they are not interested in, fail to lead to careers and result in an
9 unreasonably high amount of student debt. For many current and future
10 high school students, the traditional pathway of a basic high school
11 education and then on to a four-year college may not be the correct
12 route to take. These students would benefit from a program that would
13 prepare them for employment immediately upon graduating high school.
14 Therefore, the legislature finds it necessary to establish this "learn-
15 ing for work" program in our high schools that will create a youth
16 apprenticeship program, an enhanced regents professional diploma with a
17 designation in a specified occupational area and a tax credit for
18 employers who take part in the youth apprenticeship program. This would
19 further the goals of limiting the accumulation of unsustainable student
20 debt, and ensuring all students in the state of New York are prepared to
21 enter the twenty-first century workforce.
22 § 3. This act enacts into law major components of legislation which
23 are necessary to implement the "learning for work act". Each component
24 is wholly contained within a Part identified as Parts A through C. The
25 effective date for each particular provision contained within such Part
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13269-01-5
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1 is set forth in the last section of such Part. Any provision in any
2 section contained within a Part, including the effective date of the
3 Part, which makes a reference to a section "of this act", when used in
4 connection with that particular component, shall be deemed to mean and
5 refer to the corresponding section of the Part in which it is found.
6 Section five of this act sets forth the general effective date of this
7 act.
8 PART A
9 Section 1. The labor law is amended by adding a new article 23-C to
10 read as follows:
11 ARTICLE 23-C
12 YOUTH APPRENTICESHIP Program
13 Section 832. Definitions.
14 832-a. Youth apprenticeship program.
15 832-b. Local partnership duties and responsibilities.
16 832-c. Youth apprenticeship program outcome requirements.
17 832-d. Rules and regulations.
18 § 832. Definitions. For the purposes of this article, the following
19 terms shall have the following meanings:
20 1. "Local partnership" means any combination of one or more school
21 districts, other public agencies, community colleges, not-for-profit
22 organizations, individuals, businesses or other persons, who have agreed
23 to be responsible for implementing and coordinating a local youth
24 apprenticeship program and have received formal recognition from the
25 department.
26 2. "Public agency" means a county, city, village, town or school
27 district or an agency of this state or of a county, city, village, town
28 or school district.
29 § 832-a. Youth apprenticeship program. 1. The department shall estab-
30 lish a youth apprenticeship program. The youth apprenticeship program
31 shall be a one or two year program beginning in grade eleven or twelve
32 and combine academic classroom coursework with mentored on-the-job
33 training in a specified occupational area. Specific requirements for
34 each youth apprenticeship program shall be determined by the respective
35 local partnership responsible for implementing and coordinating a local
36 youth apprenticeship program.
37 2. The state apprenticeship and training council, the state workforce
38 investment board, the board of regents, and the state education depart-
39 ment shall assist the department in providing the youth apprenticeship
40 program under subdivision one of this section.
41 3. The department shall approve occupations and maintain a list of
42 approved occupations for the youth apprenticeship program.
43 4. The youth apprenticeship program created under subdivision one of
44 this section shall not affect any apprenticeship program that is
45 governed by article twenty-three of this chapter except that an appren-
46 ticeship program that is governed by article twenty-three of this chap-
47 ter may grant credit toward the completion of an apprenticeship for the
48 successful completion of a youth apprenticeship under subdivision one of
49 this section.
50 § 832-b. Local partnership duties and responsibilities. 1. From fund-
51 ing under the workforce investment act, Public Law 105-220, and the
52 workforce innovation and opportunity act, Public Law 113-128, the
53 department may award grants to applying local partnerships for the
54 implementation and coordination of local youth apprenticeship programs
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1 that are approved by the commissioner. A local partnership that is
2 awarded a grant under this subdivision may use the grant moneys awarded
3 for any of the following implementation and coordination activities:
4 (a) Recruiting employers to provide on-the-job training and super-
5 vision for youth apprentices and providing technical assistance to those
6 employers.
7 (b) Recruiting students to participate in the local youth apprentice-
8 ship program and monitoring the progress of youth apprentices partic-
9 ipating in the program.
10 (c) Coordinating youth apprenticeship training activities within
11 participating school districts and among participating school districts,
12 postsecondary institutions and employers.
13 (d) Coordinating academic, vocational and occupational learning,
14 school-based and work-based learning and secondary and postsecondary
15 education for participants in the local youth apprenticeship program.
16 (e) Assisting employers in identifying and training workplace mentors
17 and matching youth apprentices and mentors.
18 (f) Any other implementation or coordination activity that the depart-
19 ment may direct or permit the local partnership to perform.
20 2. A local partnership that is awarded a grant under subdivision one
21 of this section may not use any of the grant moneys awarded to provide
22 funding to a business that is operated for profit or to a nonprofit
23 organization that represents business interests, and may only be used
24 for the implementation of subdivision one of this section.
25 3. The amount of a grant awarded under subdivision one of this section
26 may not exceed one thousand dollars per youth apprentice. A local part-
27 nership that is awarded a grant under subdivision one of this section
28 shall provide matching funds equal to at least twenty-five percent of
29 the grant amount awarded.
30 § 832-c. Youth apprenticeship program outcome requirements. 1. The
31 following outcomes are expected of a local youth apprenticeship program
32 that is funded pursuant to subdivision one of section eight hundred
33 thirty-two-b of this article:
34 (a) At least eighty percent of the youth apprentices who participate
35 in the program must receive an enhanced regents professional diploma
36 pursuant to section two hundred eight-b of the education law on
37 completion of the youth apprenticeship.
38 (b) At least fifty percent of the youth apprentices who participate in
39 the program must be offered employment by the employer that provided the
40 on-the-job training for the youth apprentice on completion of the youth
41 apprenticeship.
42 2. Any student taking part in a youth apprenticeship program who
43 receives an enhanced regents professional diploma pursuant to section
44 two hundred eight-b of the education law and is either not offered, or
45 chooses not to seek, employment in their specified occupational area,
46 shall receive a minimum of fifteen credit hours to be applied in pursuit
47 of a postsecondary degree at a state university of New York or city
48 university of New York institution.
49 § 832-d. Rules and regulations. The department of labor shall promul-
50 gate all rules and regulations as shall be necessary to administer this
51 article.
52 § 2. The sum of up to five million dollars ($5,000,000), is hereby
53 appropriated to the department of labor for the purpose of carrying out
54 the provisions of this act to be funded by grants under the workforce
55 investment act, Public Law 105-220, and the workforce innovation and
56 opportunity act, Public Law 113-128. Such moneys shall be payable on the
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1 audit and warrant of the comptroller on vouchers certified or approved
2 by the commissioner of the department of labor in the manner prescribed
3 by law.
4 § 3. This act shall take effect immediately.
5 PART B
6 Section 1. The education law is amended by adding a new section 208-b
7 to read as follows:
8 § 208-b. Enhanced regents professional diploma. 1. The board of
9 regents shall create an enhanced regents professional diploma to
10 acknowledge the professional skills and specific occupational training
11 students obtain in the course of their study. Such degree will include
12 designations as determined by the commissioner that denote the profes-
13 sional skills and specific occupational training obtained by a student.
14 The commissioner shall promulgate regulations regarding the requirements
15 for an enhanced regents professional degree to include the:
16 a. completion of a technical assessment;
17 b. completion of a work-skills employability profile;
18 c. completion of a work-based learning experience; and
19 d. meeting all requirements necessary to receive a regents diploma.
20 2. The commissioner, in conjunction with the state apprenticeship and
21 training council, the state workforce investment board, and the depart-
22 ment of labor shall establish professional skill and occupational train-
23 ing designations that may be attached to an enhanced regents profes-
24 sional diploma that will denote the professional skills a student has
25 obtained throughout the course of his or her studies.
26 3. The commissioner, in conjunction with the state apprenticeship and
27 training council, the state workforce investment board, and the depart-
28 ment of labor shall design a series of technical assessments to test the
29 skills and knowledge students have obtained in their work-based learning
30 experience. The commissioner is authorized to include any person or
31 entity that is part of a local partnership of the youth apprenticeship
32 program, as defined in section eight hundred thirty-two of the labor
33 law, in any and all efforts to design technical assessments.
34 4. The commissioner, in conjunction with the state apprenticeship and
35 training council, the state workforce investment board, and the depart-
36 ment of labor shall create a work-skill employability profile for use by
37 employers and/or educators to document a student's professional skills
38 and specific occupational training.
39 5. The board of regents shall promulgate such regulations of the
40 commissioner as may be necessary to establish an enhanced regents
41 professional diploma, implement the requirements herein, and establish
42 standards for work-based learning experiences including requirements for
43 verification and eligibility.
44 6. The youth apprenticeship program as defined in article twenty-
45 three-C of the labor law shall be considered an eligible work-based
46 learning experience.
47 7. Students first entering ninth grade in the two thousand sixteen--
48 two thousand seventeen school year and thereafter shall be eligible to
49 earn an enhanced regents professional diploma.
50 § 2. This act shall take effect immediately.
51 PART C
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1 Section 1. Section 210-B of the tax law is amended by adding a new
2 subdivision 51 to read as follows:
3 51. Youth apprenticeship tax credit. (a) Allowance of credit. A
4 taxpayer shall be allowed a credit against the tax imposed by this arti-
5 cle provided that such taxpayer takes part in the youth apprenticeship
6 program, pursuant to article twenty-three-C of the labor law.
7 (b) Amount of credit. The amount of the credit shall be equal to one
8 thousand five hundred dollars for each apprentice the participating
9 employer sponsors.
10 (c) Application of credit. The credit allowed under this subdivision
11 for any taxable year shall not reduce the tax due for that year to less
12 than the higher of the amounts prescribed in paragraph (d) of subdivi-
13 sion one of section two hundred ten of this article.
14 § 2. Section 606 of the tax law is amended by adding a new subsection
15 (eee) to read as follows:
16 (eee) Youth apprenticeship tax credit. (1) Allowance of credit. A
17 taxpayer shall be allowed a credit against the tax imposed by this arti-
18 cle provided that such taxpayer takes part in the youth apprenticeship
19 program, pursuant to article twenty-three-C of the labor law.
20 (2) Amount of credit. The amount of the credit shall be equal to one
21 thousand five hundred dollars for each apprentice the participating
22 employer sponsors.
23 (3) Application of credit. If the amount of credit allowed under this
24 subsection for any taxable year exceeds the taxpayer's tax for such
25 year, the excess will not be treated as an overpayment of tax and will
26 not be credited or refunded in accordance with the provisions of section
27 six hundred eighty-six of this article.
28 § 3. This act shall take effect immediately and shall apply to taxable
29 years beginning on and after January 1, 2016.
30 § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
31 sion, section or part of this act shall be adjudged by any court of
32 competent jurisdiction to be invalid, such judgment shall not affect,
33 impair, or invalidate the remainder thereof, but shall be confined in
34 its operation to the clause, sentence, paragraph, subdivision, section
35 or part thereof directly involved in the controversy in which such judg-
36 ment shall have been rendered. It is hereby declared to be the intent of
37 the legislature that this act would have been enacted even if such
38 invalid provisions had not been included herein.
39 § 5. This act shall take effect immediately; provided, however, that
40 the applicable effective dates of Parts A through C of this act shall be
41 as specifically set forth in the last section of such Parts.
