S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7078
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to establishing the New  York
   state service corps; to amend the parks, recreation and historic pres-
   ervation  law  and  the public health law, in relation to the New York
   state service corps - health services track; and to repeal  title  2-B
   of  article 2 of the public health law, relating to the New York state
   health service corps
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new section 44 to read
 as follows:
   §  44.  NEW YORK STATE SERVICE CORPS. 1. THERE IS HEREBY CREATED A NEW
 YORK STATE SERVICE CORPS, ADMINISTERED BY THE NEW YORK STATE  DEPARTMENT
 OF  LABOR  IN CONJUNCTION AND COORDINATION WITH THE DEPARTMENT OF PARKS,
 RECREATION AND HISTORIC PRESERVATION AND THE DEPARTMENT OF HEALTH.
   2. THE NEW YORK STATE SERVICE CORPS  SHALL  PROVIDE  SERVICE  OPPORTU-
 NITIES  FOR INTERESTED APPLICANTS, INCLUDING YOUTH, YOUNG UNEMPLOYED MEN
 AND WOMEN, RECENT HIGH SCHOOL, COLLEGE, AND POST-SECONDARY GRADUATES, AS
 WELL AS RECENT RETIREES AND INDIVIDUALS WHO HAVE RECENTLY  COMPLETED  OR
 ARE  PURSUING  A  HIGH  SCHOOL  EQUIVALENCY EXAMINATION OR PROGRAM. SUCH
 SERVICE OPPORTUNITIES SHALL INCLUDE, BUT NOT BE LIMITED TO, (I) RESIDEN-
 TIAL AND NON-RESIDENTIAL CORPS OPPORTUNITIES;  (II)  ONE-  AND  TWO-YEAR
 FELLOWSHIP   PROGRAMS;  (III)  INTERNSHIP  OPPORTUNITIES  FOR  CURRENTLY
 ENROLLED STUDENTS; (IV) PROGRAMS AUTHORIZED UNDER ANY OTHER  SECTION  OF
 LAW  INCLUDING  BUT  NOT LIMITED TO NEW YORK STATE SERVICE CORPS - GREEN
 JOBS, CONSERVATION, AND REVITALIZATION TRACKS AND NEW YORK STATE SERVICE
 CORPS - HEALTH SERVICES TRACK.
   3. ALL FELLOWSHIP  AND  INTERNSHIP  OPPORTUNITIES  MAINTAINED  BY  THE
 COMMISSION UNDER THIS SECTION SHALL BE EDUCATIONAL IN NATURE, FOCUSED ON
 PROVIDING  UNIQUE  OPPORTUNITIES  TO  YOUTH, YOUNG ADULTS, GRADUATES AND
 RETIREES, AND SHALL NOT WHOLLY REPLACE WORK CURRENTLY PERFORMED  BY  ANY
 CIVIL SERVICE TITLE.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00492-01-7

 S. 7078                             2
 
   4.  APPLICANTS  FOR  ANY  FELLOWSHIP  OR INTERNSHIP UNDER THIS SECTION
 SHALL BE PLACED IN OPPORTUNITIES THAT ARE DEEMED MOST LIKELY TO  FURTHER
 AN  APPLICANT'S  STATED EDUCATIONAL AND PROFESSIONAL INTERESTS, IN ORDER
 TO PROVIDE THE MAXIMUM EDUCATIONAL VALUE POSSIBLE.
   5.  THE  DEPARTMENT  SHALL  MAINTAIN AND OPERATE A UNIFIED APPLICATION
 PROCESS FOR SERVICE CORPS OPPORTUNITIES AND SHALL WORK WITH  APPROPRIATE
 AGENCIES  AND, AS APPROPRIATE, THE NEW YORK STATE COMMISSION ON NATIONAL
 AND COMMUNITY SERVICE TO DEVELOP AND ADMINISTER SERVICE CORPS PROGRAMS.
   § 2. The section heading and subdivisions 1 and 3 of section  3.23  of
 the parks, recreation and historic preservation law, as amended by chap-
 ter  128  of the laws of 1987, paragraph (a) of subdivision 3 as amended
 by chapter 717 of the laws of 1988, are amended to read as follows:
   New York state [conservation] SERVICE corps -  GREEN  JOBS,  CONSERVA-
 TION,  AND  REVITALIZATION TRACKS.  1. [A] THE New York state [conserva-
 tion corps] SERVICE CORPS - GREEN JOBS, CONSERVATION, AND REVITALIZATION
 TRACKS (hereafter referred to as the "corps") within the office is here-
 by established for the following purposes:
   a. To protect air, fish, forest, land, water and wildlife;
   b. To help maintain and improve  botanical  gardens,  historic  sites,
 libraries,  museums,  parks,  parkways,  refuges, trails, zoos and other
 recreational, ARTISTIC OR CULTURAL investments;
   c. To aid agricultural, fishing, forestry and tourist industries;
   d. To provide jobs and job  training  for  young  unemployed  men  and
 women,  especially  from  disadvantaged  backgrounds,  AS WELL AS RECENT
 GRADUATES OF HIGH SCHOOL, HIGH SCHOOL EQUIVALENCY,  COLLEGE,  AND  POST-
 SECONDARY PROGRAMS, to act as a stepladder to permanent employment;
   e.  To foster co-operation among civilian and governmental agencies in
 order to educate the public about state resources;
   f. To reinforce the "I Love New York" campaign;
   g. To take advantage of  the  capital  investment  in  facilities  and
 equipment  already  in  place from the programs of youth and young adult
 and civilian conservation corps paid for by federal dollars;
   h. To educate the  participants  about  our  natural  environment  and
 cultural  heritage,  teach  first  aid  and  disaster procedures, and to
 otherwise encourage them to further their education; and
   i. To do such other projects which provide disaster  relief,  increase
 energy  conservation, PROMOTE GREEN JOBS, improve fire prevention, beau-
 tify highways,  control  insects  and  rodents,  upgrade  public  lands,
 PROMOTE  RESILIENCY  AGAINST  HARM  FROM  CHANGES IN WEATHER PATTERNS OR
 GENERAL CLIMATE CHANGE, ENHANCE ART AND CULTURAL RESOURCES, and revital-
 ize [urban areas] CITIES, TOWNS, AND VILLAGES.
   3. The corps shall consist of the following components:
   a. Summer: for youth enrollees, aged fourteen--[eighteen] TWENTY-FOUR;
   b. Seasonal: for unemployed young adult enrollees, aged sixteen--twen-
 ty-four;
   c. Non-residential: for young adult enrollees,  aged  sixteen--twenty-
 four;
   d. Residential: for young adult enrollees, aged eighteen--twenty-five;
   e.  Volunteer: for interested persons of any age who are members of an
 organized group which has proper leadership and insurance;
   f. Crew Leader: for young adults, aged eighteen and over;
   g. Staff: for adults, aged twenty-one and up, who are needed  for  the
 few positions enrollees or crew leaders cannot fill; [and]
   h. Director: for adults, aged twenty-five and up, who are in charge of
 local  or  state  projects,  residential  camps,  or  overall program of
 corps[.]; AND

 S. 7078                             3
 
   I. FELLOW: FOR YOUNG ADULT ENROLLEES, WHO WILL RECEIVE AN  EDUCATIONAL
 AND  PROFESSIONAL BENEFIT FROM THE EXPERIENCE PROVIDED ANY PROGRAM OPER-
 ATED UNDER THIS SECTION, AND WHO SHALL WORK FOR A  SET-TERM  OF  ONE  OR
 TWO-YEARS AS DETERMINED BY THE OFFICE.
   § 3. Title 2-B of article 2 of the public health law is REPEALED and a
 new title 2-B is added to read as follows:
                                 TITLE 2-B
           NEW YORK STATE SERVICE CORPS - HEALTH SERVICES TRACK
 SECTION 231. NEW YORK STATE SERVICE CORPS - HEALTH SERVICES TRACK.
         232. POWERS AND DUTIES.
   §  231.  NEW  YORK STATE SERVICE CORPS - HEALTH SERVICES TRACK. 1. THE
 COMMISSIONER SHALL ESTABLISH WITHIN THE DEPARTMENT THE  NEW  YORK  STATE
 SERVICE CORPS - HEALTH SERVICES TRACK (HEREINAFTER "CORPS"). THE COMMIS-
 SIONER SHALL, IN CONJUNCTION WITH THE DEPARTMENT OF LABOR AND, AS APPRO-
 PRIATE, THE NEW YORK STATE COMMISSION ON NATIONAL AND COMMUNITY SERVICE,
 HAVE  CENTRAL  RESPONSIBILITY  FOR  ADMINISTERING THE PROVISIONS OF THIS
 TITLE WITH RESPECT TO INCREASING THE AVAILABILITY OF HEALTH SERVICES  IN
 CERTAIN ELIGIBLE FACILITIES AND INSTITUTIONS.
   2. FOR PURPOSES OF THIS TITLE: (A) "HEALTH CORPS PROFESSIONAL" MEANS A
 NURSE,  PHYSICIAN'S ASSISTANT, DENTAL HYGIENIST, OCCUPATIONAL THERAPIST,
 SPEECH-LANGUAGE PATHOLOGIST, AUDIOLOGIST, PHYSICAL  THERAPIST,  MIDWIFE,
 OTHER  HEALTH  PROFESSIONAL  OTHER  THAN  A PHYSICIAN OR DENTIST, OR ANY
 OTHER PROFESSIONAL WITH  DEMONSTRATED  PROFICIENCY  IN  EARLY  CHILDHOOD
 HEALTH  OR DEVELOPMENT WHO IS DETERMINED BY THE COMMISSIONER, IN CONSUL-
 TATION WITH  THE  COMMISSIONERS  OF  EDUCATION,  CORRECTIONAL  SERVICES,
 MENTAL  HEALTH,  PERSONS  WITH  DEVELOPMENTAL DISABILITIES, SECRETARY OF
 STATE, AND THE PRESIDENT OF THE CIVIL SERVICE COMMISSION, TO POSSESS THE
 SKILLS AND TRAINING APPROPRIATE TO THE NEEDS  OF  ELIGIBLE  INSTITUTIONS
 AND FACILITIES;
   (B) "ELIGIBLE INSTITUTIONS AND FACILITIES" MEANS: (I) FACILITIES OPER-
 ATED BY THE DEPARTMENT OF CORRECTIONAL SERVICES, OFFICE OF MENTAL HEALTH
 AND  OFFICE  OF PERSONS WITH DEVELOPMENTAL DISABILITIES; (II) NON-PROFIT
 AGENCIES POSSESSING OPERATING  CERTIFICATES  ISSUED  BY  THE  OFFICE  OF
 MENTAL  HEALTH  OR OFFICE FOR PERSONS WITH DEVELOPMENTAL DISABILITIES OR
 UNDER CONTRACT WITH THE COMMISSION FOR  THE  BLIND  AND  VISUALLY  HAND-
 ICAPPED;  (III) NOT-FOR-PROFIT DIAGNOSTIC AND TREATMENT CENTERS LICENSED
 UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER WHICH HAVE A CRITICAL  SHORT-
 AGE  OF  HEALTH  PERSONNEL,  AS DETERMINED BY THE COMMISSIONER AND WHICH
 SERVE THE MEDICALLY INDIGENT AND MEDICAID ELIGIBLE PERSONS; (IV)  HEALTH
 CARE  FACILITIES  OPERATED  BY THE DEPARTMENT, PROVIDED THAT AT ANY TIME
 THE TOTAL NUMBER OF PLACEMENTS IN SUCH FACILITIES SHALL NOT  EXCEED  TEN
 PERCENT OF THE TOTAL NUMBER OF PLACEMENTS UNDER THIS SECTION; (V) IN THE
 CASE OF MIDWIVES, NOT-FOR-PROFIT FACILITIES LICENSED UNDER ARTICLE TWEN-
 TY-EIGHT OF THIS CHAPTER WHICH SERVE THE MEDICALLY INDIGENT AND MEDICAID
 ELIGIBLE  WOMEN;  AND  (VI)  AN  EDUCATION  PROGRAM OPERATED PURSUANT TO
 SECTION THIRTY-SIX HUNDRED TWO-EE OF THE EDUCATION LAW.
   § 232. POWERS AND DUTIES.   THE COMMISSIONER  SHALL,  IN  CONSULTATION
 WITH  THE  COMMISSIONERS  OF  EDUCATION,  CORRECTIONAL  SERVICES, MENTAL
 HEALTH, PERSONS WITH DEVELOPMENTAL DISABILITIES, SECRETARY OF STATE, AND
 THE PRESIDENT OF THE CIVIL SERVICE COMMISSION, HAVE THE FOLLOWING POWERS
 AND DUTIES:
   1. TO RECRUIT AND SELECT HEALTH CORPS  PROFESSIONALS  FOR  SERVICE  IN
 ELIGIBLE INSTITUTIONS AND FACILITIES;
   2.  TO  PLACE  HEALTH CORPS PROFESSIONALS IN ELIGIBLE INSTITUTIONS AND
 FACILITIES PURSUANT TO AGREEMENTS WITH THE APPROPRIATE  ELIGIBLE  INSTI-
 TUTIONS AND FACILITIES;

 S. 7078                             4
 
   3.  TO  DEVELOP CRITERIA FOR THE SELECTION OF APPLICANTS FOR PLACEMENT
 UNDER THIS PROGRAM INCLUDING, BUT NOT LIMITED TO, THE STUDENT'S ACADEMIC
 ACHIEVEMENT, PREVIOUS WORK EXPERIENCE IN THEIR CHOSEN HEALTH  PROFESSION
 AND  A  DEMONSTRATED  INTEREST  IN  WORKING WITH INSTITUTIONALIZED POPU-
 LATIONS, COMMUNITIES WITH SERIOUS HEALTH NEEDS INCLUDING BUT NOT LIMITED
 TO  POPULATIONS WITH HIGH RATES OF CHRONIC ILLNESS OR MEDICAID ELIGIBIL-
 ITY, AND CHILDREN UNDER THE AGE OF FIVE.
   4. TO ACCEPT AND EXPEND ANY GRANTS, AWARDS OR OTHER FUNDS OR APPROPRI-
 ATIONS AS MAY BE AVAILABLE TO EFFECTUATE  THE  PURPOSES  OF  THIS  TITLE
 SUBJECT  TO THE LIMITATIONS AS TO THE APPROVAL OF EXPENDITURES AND AUDIT
 AS PRESCRIBED FOR STATE FUNDS BY THE STATE FINANCE LAW; AND
   5. TO DO ANY AND ALL OTHER THINGS NECESSARY TO  CARRY  OUT  ITS  FUNC-
 TIONS, POWERS AND DUTIES AND TO EFFECTUATE THE PURPOSES OF THIS TITLE.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.