S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2370
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02254-01-9

 S. 2370                             2
 
 RETIREES, AND SHALL NOT WHOLLY REPLACE WORK CURRENTLY PERFORMED  BY  ANY
 CIVIL SERVICE TITLE.
   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]

 S. 2370                             3
 
   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
   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;

 S. 2370                             4
 
   2. TO PLACE HEALTH CORPS PROFESSIONALS IN  ELIGIBLE  INSTITUTIONS  AND
 FACILITIES  PURSUANT  TO AGREEMENTS WITH THE APPROPRIATE ELIGIBLE INSTI-
 TUTIONS AND FACILITIES;
   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.