S T A T E   O F   N E W   Y O R K
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                                  8695

                          I N  A S S E M B L Y

                            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:

  Section  1.  This act shall be known and may be cited as the "learning
for work act".
  S 2. Legislative findings and intent. According to  a  recent  college
and  career  readiness  study  released  by the New York state education
department, only  thirty-five  percent  of  high  school  graduates  are
college  or career ready. This lack of preparedness has driven many high
school graduates into low-paying jobs, or college degree  programs  that
they  are  not  interested  in, fail to lead to careers and result in an
unreasonably high amount of student debt. For many  current  and  future
high  school  students,  the  traditional pathway of a basic high school
education and then on to a four-year college  may  not  be  the  correct
route  to  take.  These students would benefit from a program that would
prepare them for employment immediately  upon  graduating  high  school.
Therefore,  the legislature finds it necessary to establish this "learn-
ing for work" program in our high  schools  that  will  create  a  youth
apprenticeship  program, an enhanced regents professional diploma with a
designation in a specified  occupational  area  and  a  tax  credit  for
employers  who take part in the youth apprenticeship program. This would
further the goals of limiting the accumulation of unsustainable  student
debt, and ensuring all students in the state of New York are prepared to
enter the twenty-first century workforce.
  S  3.  This  act enacts into law major components of legislation which
are necessary to implement the "learning for work act".  Each  component
is  wholly  contained within a Part identified as Parts A through C. The
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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is  set  forth  in  the  last section of such Part. Any provision in any
section contained within a Part, including the  effective  date  of  the
Part,  which  makes a reference to a section "of this act", when used in
connection  with  that particular component, shall be deemed to mean and
refer to the corresponding section of the Part in  which  it  is  found.
Section  five  of this act sets forth the general effective date of this
act.

                                 PART A

  Section 1. The labor law is amended by adding a new  article  23-C  to
read as follows:
                               ARTICLE 23-C
                      YOUTH APPRENTICESHIP PROGRAM
SECTION 832. DEFINITIONS.
        832-A. YOUTH APPRENTICESHIP PROGRAM.
        832-B. LOCAL PARTNERSHIP DUTIES AND RESPONSIBILITIES.
        832-C. YOUTH APPRENTICESHIP PROGRAM OUTCOME REQUIREMENTS.
        832-D. RULES AND REGULATIONS.
  S  832.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "LOCAL PARTNERSHIP" MEANS ANY COMBINATION OF  ONE  OR  MORE  SCHOOL
DISTRICTS,  OTHER  PUBLIC  AGENCIES,  COMMUNITY COLLEGES, NOT-FOR-PROFIT
ORGANIZATIONS, INDIVIDUALS, BUSINESSES OR OTHER PERSONS, WHO HAVE AGREED
TO BE RESPONSIBLE  FOR  IMPLEMENTING  AND  COORDINATING  A  LOCAL  YOUTH
APPRENTICESHIP  PROGRAM  AND  HAVE  RECEIVED FORMAL RECOGNITION FROM THE
DEPARTMENT.
  2. "PUBLIC AGENCY" MEANS A  COUNTY,  CITY,  VILLAGE,  TOWN  OR  SCHOOL
DISTRICT  OR AN AGENCY OF THIS STATE OR OF A COUNTY, CITY, VILLAGE, TOWN
OR SCHOOL DISTRICT.
  S 832-A. YOUTH APPRENTICESHIP PROGRAM. 1. THE DEPARTMENT SHALL  ESTAB-
LISH  A  YOUTH  APPRENTICESHIP PROGRAM. THE YOUTH APPRENTICESHIP PROGRAM
SHALL BE A ONE OR TWO YEAR PROGRAM BEGINNING IN GRADE ELEVEN  OR  TWELVE
AND  COMBINE  ACADEMIC  CLASSROOM  COURSEWORK  WITH  MENTORED ON-THE-JOB
TRAINING IN A SPECIFIED OCCUPATIONAL  AREA.  SPECIFIC  REQUIREMENTS  FOR
EACH  YOUTH APPRENTICESHIP PROGRAM SHALL BE DETERMINED BY THE RESPECTIVE
LOCAL PARTNERSHIP RESPONSIBLE FOR IMPLEMENTING AND COORDINATING A  LOCAL
YOUTH APPRENTICESHIP PROGRAM.
  2.  THE STATE APPRENTICESHIP AND TRAINING COUNCIL, THE STATE WORKFORCE
INVESTMENT BOARD, THE BOARD OF REGENTS, AND THE STATE EDUCATION  DEPART-
MENT  SHALL  ASSIST THE DEPARTMENT IN PROVIDING THE YOUTH APPRENTICESHIP
PROGRAM UNDER SUBDIVISION ONE OF THIS SECTION.
  3. THE DEPARTMENT SHALL APPROVE OCCUPATIONS AND  MAINTAIN  A  LIST  OF
APPROVED OCCUPATIONS FOR THE YOUTH APPRENTICESHIP PROGRAM.
  4.  THE  YOUTH APPRENTICESHIP PROGRAM CREATED UNDER SUBDIVISION ONE OF
THIS SECTION  SHALL  NOT  AFFECT  ANY  APPRENTICESHIP  PROGRAM  THAT  IS
GOVERNED  BY ARTICLE TWENTY-THREE OF THIS CHAPTER EXCEPT THAT AN APPREN-
TICESHIP PROGRAM THAT IS GOVERNED BY ARTICLE TWENTY-THREE OF THIS  CHAP-
TER  MAY GRANT CREDIT TOWARD THE COMPLETION OF AN APPRENTICESHIP FOR THE
SUCCESSFUL COMPLETION OF A YOUTH APPRENTICESHIP UNDER SUBDIVISION ONE OF
THIS SECTION.
  S 832-B. LOCAL PARTNERSHIP DUTIES AND RESPONSIBILITIES. 1. FROM  FUND-
ING  UNDER  THE  WORKFORCE  INVESTMENT  ACT, PUBLIC LAW 105-220, AND THE
WORKFORCE INNOVATION  AND  OPPORTUNITY  ACT,  PUBLIC  LAW  113-128,  THE
DEPARTMENT  MAY  AWARD  GRANTS  TO  APPLYING  LOCAL PARTNERSHIPS FOR THE
IMPLEMENTATION AND COORDINATION OF LOCAL YOUTH  APPRENTICESHIP  PROGRAMS

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THAT  ARE  APPROVED  BY  THE  COMMISSIONER.  A LOCAL PARTNERSHIP THAT IS
AWARDED A GRANT UNDER THIS SUBDIVISION MAY USE THE GRANT MONEYS  AWARDED
FOR ANY OF THE FOLLOWING IMPLEMENTATION AND COORDINATION ACTIVITIES:
  (A)  RECRUITING  EMPLOYERS  TO  PROVIDE ON-THE-JOB TRAINING AND SUPER-
VISION FOR YOUTH APPRENTICES AND PROVIDING TECHNICAL ASSISTANCE TO THOSE
EMPLOYERS.
  (B) RECRUITING STUDENTS TO PARTICIPATE IN THE LOCAL YOUTH  APPRENTICE-
SHIP  PROGRAM  AND  MONITORING THE PROGRESS OF YOUTH APPRENTICES PARTIC-
IPATING IN THE PROGRAM.
  (C)  COORDINATING  YOUTH  APPRENTICESHIP  TRAINING  ACTIVITIES  WITHIN
PARTICIPATING SCHOOL DISTRICTS AND AMONG PARTICIPATING SCHOOL DISTRICTS,
POSTSECONDARY INSTITUTIONS AND EMPLOYERS.
  (D)  COORDINATING  ACADEMIC,  VOCATIONAL  AND  OCCUPATIONAL  LEARNING,
SCHOOL-BASED AND WORK-BASED LEARNING  AND  SECONDARY  AND  POSTSECONDARY
EDUCATION FOR PARTICIPANTS IN THE LOCAL YOUTH APPRENTICESHIP PROGRAM.
  (E)  ASSISTING EMPLOYERS IN IDENTIFYING AND TRAINING WORKPLACE MENTORS
AND MATCHING YOUTH APPRENTICES AND MENTORS.
  (F) ANY OTHER IMPLEMENTATION OR COORDINATION ACTIVITY THAT THE DEPART-
MENT MAY DIRECT OR PERMIT THE LOCAL PARTNERSHIP TO PERFORM.
  2. A LOCAL PARTNERSHIP THAT IS AWARDED A GRANT UNDER  SUBDIVISION  ONE
OF  THIS  SECTION MAY NOT USE ANY OF THE GRANT MONEYS AWARDED TO PROVIDE
FUNDING TO A BUSINESS THAT IS OPERATED FOR  PROFIT  OR  TO  A  NONPROFIT
ORGANIZATION  THAT  REPRESENTS  BUSINESS INTERESTS, AND MAY ONLY BE USED
FOR THE IMPLEMENTATION OF SUBDIVISION ONE OF THIS SECTION.
  3. THE AMOUNT OF A GRANT AWARDED UNDER SUBDIVISION ONE OF THIS SECTION
MAY NOT EXCEED ONE THOUSAND DOLLARS PER YOUTH APPRENTICE. A LOCAL  PART-
NERSHIP  THAT  IS  AWARDED A GRANT UNDER SUBDIVISION ONE OF THIS SECTION
SHALL PROVIDE MATCHING FUNDS EQUAL TO AT LEAST  TWENTY-FIVE  PERCENT  OF
THE GRANT AMOUNT AWARDED.
  S  832-C.  YOUTH  APPRENTICESHIP PROGRAM OUTCOME REQUIREMENTS.  1. THE
FOLLOWING OUTCOMES ARE EXPECTED OF A LOCAL YOUTH APPRENTICESHIP  PROGRAM
THAT  IS  FUNDED  PURSUANT  TO  SUBDIVISION ONE OF SECTION EIGHT HUNDRED
THIRTY-TWO-B OF THIS ARTICLE:
  (A) AT LEAST EIGHTY PERCENT OF THE YOUTH APPRENTICES  WHO  PARTICIPATE
IN  THE  PROGRAM  MUST  RECEIVE AN ENHANCED REGENTS PROFESSIONAL DIPLOMA
PURSUANT TO  SECTION  TWO  HUNDRED  EIGHT-B  OF  THE  EDUCATION  LAW  ON
COMPLETION OF THE YOUTH APPRENTICESHIP.
  (B) AT LEAST FIFTY PERCENT OF THE YOUTH APPRENTICES WHO PARTICIPATE IN
THE PROGRAM MUST BE OFFERED EMPLOYMENT BY THE EMPLOYER THAT PROVIDED THE
ON-THE-JOB  TRAINING FOR THE YOUTH APPRENTICE ON COMPLETION OF THE YOUTH
APPRENTICESHIP.
  2. ANY STUDENT TAKING PART  IN  A  YOUTH  APPRENTICESHIP  PROGRAM  WHO
RECEIVES  AN  ENHANCED  REGENTS PROFESSIONAL DIPLOMA PURSUANT TO SECTION
TWO HUNDRED EIGHT-B OF THE EDUCATION LAW AND IS EITHER NOT  OFFERED,  OR
CHOOSES  NOT  TO  SEEK, EMPLOYMENT IN THEIR SPECIFIED OCCUPATIONAL AREA,
SHALL RECEIVE A MINIMUM OF FIFTEEN CREDIT HOURS TO BE APPLIED IN PURSUIT
OF A POSTSECONDARY DEGREE AT A STATE UNIVERSITY  OF  NEW  YORK  OR  CITY
UNIVERSITY OF NEW YORK INSTITUTION.
  S  832-D. RULES AND REGULATIONS. THE DEPARTMENT OF LABOR SHALL PROMUL-
GATE ALL RULES AND REGULATIONS AS SHALL BE NECESSARY TO ADMINISTER  THIS
ARTICLE.
  S  2.  The  sum  of up to five million dollars ($5,000,000), is hereby
appropriated to the department of labor for the purpose of carrying  out
the  provisions  of  this act to be funded by grants under the workforce
investment act, Public Law 105-220, and  the  workforce  innovation  and
opportunity act, Public Law 113-128. Such moneys shall be payable on the

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audit  and  warrant of the comptroller on vouchers certified or approved
by the commissioner of the department of labor in the manner  prescribed
by law.
  S 3. This act shall take effect immediately.

                                 PART B

  Section  1. The education law is amended by adding a new section 208-b
to read as follows:
  S 208-B. ENHANCED REGENTS PROFESSIONAL  DIPLOMA.    1.  THE  BOARD  OF
REGENTS  SHALL  CREATE  AN  ENHANCED  REGENTS  PROFESSIONAL  DIPLOMA  TO
ACKNOWLEDGE THE PROFESSIONAL SKILLS AND SPECIFIC  OCCUPATIONAL  TRAINING
STUDENTS  OBTAIN  IN THE COURSE OF THEIR STUDY. SUCH DEGREE WILL INCLUDE
DESIGNATIONS AS DETERMINED BY THE COMMISSIONER THAT DENOTE  THE  PROFES-
SIONAL  SKILLS AND SPECIFIC OCCUPATIONAL TRAINING OBTAINED BY A STUDENT.
THE COMMISSIONER SHALL PROMULGATE REGULATIONS REGARDING THE REQUIREMENTS
FOR AN ENHANCED REGENTS PROFESSIONAL DEGREE TO INCLUDE THE:
  A. COMPLETION OF A TECHNICAL ASSESSMENT;
  B. COMPLETION OF A WORK-SKILLS EMPLOYABILITY PROFILE;
  C. COMPLETION OF A WORK-BASED LEARNING EXPERIENCE; AND
  D. MEETING ALL REQUIREMENTS NECESSARY TO RECEIVE A  REGENTS DIPLOMA.
  2. THE COMMISSIONER, IN CONJUNCTION WITH THE STATE APPRENTICESHIP  AND
TRAINING  COUNCIL, THE STATE WORKFORCE INVESTMENT BOARD, AND THE DEPART-
MENT OF LABOR SHALL ESTABLISH PROFESSIONAL SKILL AND OCCUPATIONAL TRAIN-
ING DESIGNATIONS THAT MAY BE ATTACHED TO  AN  ENHANCED  REGENTS  PROFES-
SIONAL  DIPLOMA  THAT  WILL DENOTE THE PROFESSIONAL SKILLS A STUDENT HAS
OBTAINED THROUGHOUT THE COURSE OF HIS OR HER STUDIES.
  3. THE COMMISSIONER, IN CONJUNCTION WITH THE STATE APPRENTICESHIP  AND
TRAINING COUNCIL, THE STATE WORKFORCE INVESTMENT BOARD, AND THE  DEPART-
MENT OF LABOR SHALL DESIGN A SERIES OF TECHNICAL ASSESSMENTS TO TEST THE
SKILLS AND KNOWLEDGE STUDENTS HAVE OBTAINED IN THEIR WORK-BASED LEARNING
EXPERIENCE.  THE  COMMISSIONER  IS  AUTHORIZED  TO INCLUDE ANY PERSON OR
ENTITY THAT IS PART OF A LOCAL PARTNERSHIP OF THE  YOUTH  APPRENTICESHIP
PROGRAM,  AS  DEFINED  IN  SECTION EIGHT HUNDRED THIRTY-TWO OF THE LABOR
LAW, IN ANY AND ALL EFFORTS TO DESIGN TECHNICAL ASSESSMENTS.
  4. THE COMMISSIONER, IN CONJUNCTION WITH THE STATE APPRENTICESHIP  AND
TRAINING  COUNCIL, THE STATE WORKFORCE INVESTMENT BOARD, AND THE DEPART-
MENT OF LABOR SHALL CREATE A WORK-SKILL EMPLOYABILITY PROFILE FOR USE BY
EMPLOYERS AND/OR EDUCATORS TO DOCUMENT A STUDENT'S  PROFESSIONAL  SKILLS
AND SPECIFIC OCCUPATIONAL TRAINING.
  5.  THE  BOARD  OF  REGENTS  SHALL  PROMULGATE SUCH REGULATIONS OF THE
COMMISSIONER AS MAY  BE  NECESSARY  TO  ESTABLISH  AN  ENHANCED  REGENTS
PROFESSIONAL  DIPLOMA,  IMPLEMENT THE REQUIREMENTS HEREIN, AND ESTABLISH
STANDARDS FOR WORK-BASED LEARNING EXPERIENCES INCLUDING REQUIREMENTS FOR
VERIFICATION AND ELIGIBILITY.
  6.  THE  YOUTH  APPRENTICESHIP   PROGRAM   AS   DEFINED   IN   ARTICLE
TWENTY-THREE-C  OF  THE  LABOR  LAW  SHALL  BE  CONSIDERED  AN  ELIGIBLE
WORK-BASED LEARNING EXPERIENCE.
  7.  STUDENTS  FIRST  ENTERING  NINTH  GRADE  IN   THE   TWO   THOUSAND
SIXTEEN--TWO  THOUSAND  SEVENTEEN  SCHOOL  YEAR  AND THEREAFTER SHALL BE
ELIGIBLE TO EARN AN ENHANCED REGENTS PROFESSIONAL DIPLOMA.
  S 2. This act shall take effect immediately.

                                 PART C

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  Section 1. Section 210-B of the tax law is amended  by  adding  a  new
subdivision 51 to read as follows:
  51.  YOUTH  APPRENTICESHIP  TAX  CREDIT.  (A)  ALLOWANCE  OF CREDIT. A
TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTI-
CLE PROVIDED THAT SUCH TAXPAYER TAKES PART IN THE  YOUTH  APPRENTICESHIP
PROGRAM, PURSUANT TO ARTICLE TWENTY-THREE-C OF THE LABOR LAW.
  (B)  AMOUNT  OF CREDIT. THE AMOUNT OF THE CREDIT SHALL BE EQUAL TO ONE
THOUSAND FIVE HUNDRED DOLLARS  FOR  EACH  APPRENTICE  THE  PARTICIPATING
EMPLOYER SPONSORS.
  (C)  APPLICATION  OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR THAT YEAR TO  LESS
THAN  THE  HIGHER OF THE AMOUNTS PRESCRIBED IN PARAGRAPH (D) OF SUBDIVI-
SION ONE OF SECTION TWO HUNDRED TEN OF THIS ARTICLE.
  S 2. Section 606 of the tax law is amended by adding a new  subsection
(eee) to read as follows:
  (EEE)  YOUTH  APPRENTICESHIP  TAX  CREDIT. (1) ALLOWANCE OF CREDIT.  A
TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTI-
CLE PROVIDED THAT SUCH TAXPAYER TAKES PART IN THE  YOUTH  APPRENTICESHIP
PROGRAM, PURSUANT TO ARTICLE TWENTY-THREE-C OF THE LABOR LAW.
  (2)  AMOUNT  OF CREDIT. THE AMOUNT OF THE CREDIT SHALL BE EQUAL TO ONE
THOUSAND FIVE HUNDRED DOLLARS  FOR  EACH  APPRENTICE  THE  PARTICIPATING
EMPLOYER SPONSORS.
  (3)  APPLICATION OF CREDIT. IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS
SUBSECTION FOR ANY TAXABLE YEAR EXCEEDS  THE  TAXPAYER'S  TAX  FOR  SUCH
YEAR,  THE  EXCESS WILL NOT BE TREATED AS AN OVERPAYMENT OF TAX AND WILL
NOT BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION
SIX HUNDRED EIGHTY-SIX OF THIS ARTICLE.
  S 3. This act shall take effect immediately and shall apply to taxable
years beginning on and after January 1, 2016.
  S 4. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  5.  This act shall take effect immediately; provided, however, that
the applicable effective dates of Parts A through C of this act shall be
as specifically set forth in the last section of such Parts.