S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2177

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sens. GOLDEN, GRISANTI, HANNON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Aging

AN ACT to amend the elder law, in relation to  establishing  the  mature
  worker employment training program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The elder law is amended by adding a new article 4 to  read
as follows:
                                ARTICLE IV
                        MATURE WORKER EMPLOYMENT
                            TRAINING PROGRAM
SECTION 401. DEFINITIONS.
        402. DUTIES OF THE DIRECTOR.
        403. FUNDING FOR MATURE WORKER TRAINING PROGRAM.
        404. REPORT OF THE DIRECTOR.
  S 401. DEFINITIONS. AS USED IN THIS SECTION:
  1.  "ADVISORY COMMITTEE FOR THE AGING" SHALL MEAN THE ADVISORY COMMIT-
TEE FOR THE AGING ESTABLISHED PURSUANT TO SECTION  TWO  HUNDRED  TEN  OF
THIS CHAPTER.
  2.  "DESIGNATED  AGENCY"  SHALL MEAN A DESIGNATED AGENCY AS DEFINED IN
PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWO HUNDRED FOURTEEN OF THIS
CHAPTER.
  3. "ELIGIBLE PERSON" SHALL MEAN AN INDIVIDUAL WHO IS FIFTY-FIVE  YEARS
OF  AGE OR OLDER AND IS SEEKING AN EMPLOYMENT TRAINING PROGRAM TO ENABLE
THEM TO REMAIN IN OR RE-ENTER THE WORK FORCE.
  4. "MATURE WORKER TRAINING PROGRAM" SHALL MEAN A PROGRAM, DEVELOPED IN
CONSULTATION WITH THE COMMISSIONER OF  LABOR,  PROVIDING  A  VARIETY  OF
EMPLOYMENT SERVICES TO ELIGIBLE PERSONS.
  S  402.  DUTIES  OF  THE  DIRECTOR.  1. THE DIRECTOR IS AUTHORIZED AND
DIRECTED TO ESTABLISH MATURE  WORKER  TRAINING  PROGRAMS  TO  BE  FUNDED
PURSUANT  TO  SECTION FOUR HUNDRED THREE OF THIS ARTICLE. SUCH DIRECTOR,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04196-01-1
              

S. 2177                             2

IN CONSULTATION WITH THE COMMISSIONER OF LABOR, SHALL  PROMULGATE  RULES
AND   REGULATIONS  ESTABLISHING  REQUIREMENTS  AND  STANDARDS  FOR  SUCH
PROGRAMS. SUCH RULES AND REGULATIONS SHALL INCLUDE, BUT NOT  BE  LIMITED
TO:
  (A) THE TRAINING SERVICES TO BE PROVIDED;
  (B) THE ELIGIBILITY CRITERIA;
  (C) A SLIDING SCALE FOR COST SHARING BY PROGRAM PARTICIPANTS;
  (D) MONITORING AND EVALUATION OF PROGRAMS; AND
  (E) ANY  OTHER  RULES AND REGULATIONS THE DIRECTOR DEEMS NECESSARY AND
APPROPRIATE.
  2. THE RULES AND REGULATIONS PROMULGATED PURSUANT TO  SUBDIVISION  ONE
OF  THIS SECTION SHALL PROVIDE FOR THE INCLUSION OF MATURE WORKER TRAIN-
ING PROGRAMS IN COUNTY PLANS AS DEFINED IN PARAGRAPH (G) OF  SUBDIVISION
ONE OF SECTION TWO HUNDRED FOURTEEN OF THIS CHAPTER.
  S  403.  FUNDING  FOR  MATURE WORKER TRAINING PROGRAM. 1. THE DIRECTOR
SHALL, WITHIN THE  AMOUNT  APPROPRIATED  THEREFOR,  AWARD  GRANTS  ON  A
COMPETITIVE  BASIS  TO  NOT-FOR-PROFIT CORPORATIONS, DESIGNATED AGENCIES
AND LOCAL GOVERNMENTS  WITH  DEMONSTRATED  EXPERIENCE  OPERATING  MATURE
WORKER  TRAINING  PROGRAMS,  WITH  CONSIDERATION OF REGIONAL NEEDS. SUCH
GRANTS SHALL BE EQUAL TO SEVENTY-FIVE PERCENT OF THE ALLOWABLE  EXPENDI-
TURES FOR SERVICES PURSUANT TO THIS ARTICLE; PROVIDED, HOWEVER, THAT THE
DIRECTOR  MAY  ACCEPT  IN  KIND  EQUIVALENTS  TO  COMPRISE UP TO FIFTEEN
PERCENT OF THE GRANT  RECIPIENT'S  TWENTY-FIVE  PERCENT  SHARE  OF  SUCH
EXPENDITURES;  PROVIDED,  FURTHER,  THAT  IN  THE  CASE OF MATURE WORKER
TRAINING PROGRAM PROVIDERS WHICH CAN  DEMONSTRATE  FINANCIAL  NEED,  THE
DIRECTOR  MAY  AWARD  GRANTS  UP TO ONE HUNDRED PERCENT OF THE ALLOWABLE
EXPENDITURES.
  2. THE OFFICE SHALL EXPEND NOT MORE THAN TEN PERCENT OF THE  APPROPRI-
ATIONS,  MADE  FOR  THE PURPOSES OF THIS ARTICLE, FOR THE ADMINISTRATIVE
EXPENSES OF THE IMPLEMENTATION THEREOF.
  3. NO EXPENDITURE OF FUNDS SHALL BE MADE PURSUANT TO THIS  ARTICLE  TO
ANY  MATURE  WORKER  TRAINING  PROGRAM  FOR SERVICES PROVIDED TO ELDERLY
PERSONS WHO ARE OTHERWISE RECEIVING COMPARABLE SERVICES WHETHER  THROUGH
THE  WORKFORCE  INVESTMENT  ACT,  THE  JOB TRAINING PARTNERSHIP ACT, THE
SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM, THE CARL D.  PERKINS  VOCA-
TIONAL AND APPLIED TECHNOLOGY EDUCATION ACT OF 1990 OR ANY OTHER SOURCE.
  S  404. REPORT OF THE DIRECTOR. THE DIRECTOR, IN CONSULTATION WITH THE
ADVISORY COMMITTEE FOR THE  AGING,  AFFECTED  STATE  AGENCIES,  AFFECTED
MUNICIPAL  AGENCIES  AND  PERSONS  INVOLVED  IN  PROVIDING MATURE WORKER
TRAINING PROGRAM SERVICES, SHALL, ON OR  BEFORE  DECEMBER  THIRTY-FIRST,
TWO THOUSAND TWELVE, ISSUE A REPORT TO THE GOVERNOR, THE TEMPORARY PRES-
IDENT  OF  THE  SENATE,  THE  SPEAKER  OF THE ASSEMBLY, THE CHAIR OF THE
SENATE COMMITTEE ON LABOR, THE CHAIR OF THE SENATE COMMITTEE  ON  AGING,
THE CHAIR OF THE ASSEMBLY COMMITTEE ON LABOR AND THE CHAIR OF THE ASSEM-
BLY COMMITTEE ON AGING ON THE PROJECTED COSTS AND BENEFITS OF ESTABLISH-
ING UNIFORM STANDARDS AND REQUIREMENTS FOR THE OPERATION OF MATURE WORK-
ER TRAINING PROGRAMS. SUCH REPORT SHALL INCLUDE THE DIRECTOR'S FINDINGS,
ESTIMATES  AND RECOMMENDATIONS WITH REGARD TO THE FISCAL IMPLICATIONS OF
THE REGULATION OF MATURE WORKER TRAINING PROGRAMS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Provided, that, effective  immediately,  any
rules  and regulations necessary to implement the provisions of this act
on its effective date are authorized to be completed on or  before  such
date.