Bill Text: NY A05445 | 2013-2014 | General Assembly | Introduced
Bill Title: Provides for the submission of a skills development plan with each application for participation in an empire zone; establishes a fund to pay for instruction whenever an entity seeking empire zone participation does not want to train its workforce in house.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-03-04 - held for consideration in economic development [A05445 Detail]
Download: New_York-2013-A05445-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5445
2013-2014 Regular Sessions
I N A S S E M B L Y
February 27, 2013
___________
Introduced by M. of A. BUTLER -- read once and referred to the Committee
on Economic Development
AN ACT to amend the general municipal law and the state finance law, in
relation to empire zone skills development
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The general municipal law is amended by adding a new
2 section 961-a to read as follows:
3 S 961-A. SKILLS DEVELOPMENT PLAN. 1. ANY ENTITY APPLYING FOR CERTIF-
4 ICATION AS A QUALIFIED EMPIRE ZONE ENTERPRISE SHALL INCLUDE IN ITS
5 APPLICATION A WORKFORCE SKILLS DEVELOPMENT PLAN. ADDITIONALLY, QUALIFIED
6 EMPIRE ZONE ENTERPRISES SHALL INCLUDE IN THEIR ANNUAL REPORT OF CERTI-
7 FIED BUSINESSES, REQUIRED BY THE COMMISSIONER, A WORKFORCE SKILLS DEVEL-
8 OPMENT PLAN. SUCH PLAN SHALL INCLUDE THE ENTERPRISE'S IN-HOUSE TRAINING
9 PROGRAM PLANS, TRAINING MATERIALS TO BE PURCHASED AND UTILIZED, TESTING
10 MECHANISMS TO BE IMPLEMENTED, SKILLS BENCHMARKS THE ENTERPRISE WILL
11 MEET, AND ANY OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONER.
12 HOWEVER, IN THE EVENT THAT THE ENTERPRISE DOES NOT ELECT TO PROVIDE
13 IN-HOUSE TRAINING, IT MUST PROVIDE MONEYS TO THE SKILLS DEVELOPMENT
14 TRAINING FUND ESTABLISHED IN SECTION EIGHTY-NINE-H OF THE STATE FINANCE
15 LAW. THE AMOUNT OF MONEYS SHALL BE DETERMINED BY THE COMMISSIONER AFTER
16 HIS OR HER EVALUATION OF SUCH ENTERPRISE.
17 2. THE COMMISSIONER, IMMEDIATELY UPON THIS SECTION BECOMING LAW, SHALL
18 PROMULGATE RULES AND REGULATIONS DEEMED NECESSARY TO CARRY OUT THE
19 PROVISIONS OF THIS SECTION. SUCH RULES AND REGULATIONS SHALL INCLUDE,
20 BUT NOT BE LIMITED TO, SPECIFYING INFORMATION TO BE INCLUDED IN THE
21 SKILLS PLAN, CREATING A PROCESS FOR EVALUATING SKILLS DEVELOPMENT PLANS,
22 CREATING PENALTIES FOR NOT MEETING PLAN GOALS, AND CREATING MECHANISMS
23 THROUGH WHICH COMPANIES CAN UPDATE THEIR PLANS. ALSO, SUCH RULES AND
24 REGULATIONS SHALL CREATE A PROCESS THROUGH WHICH BUSINESSES WHO OPT NOT
25 TO PROVIDE A SKILLS PLAN MUST CONTRIBUTE TO THE SKILLS DEVELOPMENT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02547-01-3
A. 5445 2
1 TRAINING FUND, DEFINE APPROPRIATE LOCAL ENTITIES TO CARRY OUT SKILLS
2 TRAINING, WHICH MUST INCLUDE, AT A MINIMUM, THE LOCAL ECONOMIC DEVELOP-
3 MENT AGENCIES AND THE LOCAL WORKFORCE DEVELOPMENT BOARD, PROVIDE FOR THE
4 FUNDING OF SUCH LOCAL ENTITIES AND CREATE GUIDELINES FOR THE USE OF SUCH
5 FUNDS.
6 S 2. The state finance law is amended by adding a new section 89-h to
7 read as follows:
8 S 89-H. SKILLS DEVELOPMENT TRAINING FUND. 1. THERE IS HEREBY ESTAB-
9 LISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE
10 AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "SKILLS DEVELOP-
11 MENT TRAINING FUND".
12 2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
13 OF ECONOMIC DEVELOPMENT, PURSUANT TO THE PROVISIONS OF SECTION NINE
14 HUNDRED SIXTY-ONE-A OF THE GENERAL MUNICIPAL LAW AND ALL OTHER MONEYS
15 APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER FUND OR
16 SOURCE PURSUANT TO LAW. FOR EACH STATE FISCAL YEAR, THERE SHALL BE
17 APPROPRIATED TO THE FUND BY THE STATE, IN ADDITION TO ALL OTHER MONEYS
18 REQUIRED TO BE DEPOSITED INTO SUCH FUND, AN AMOUNT EQUAL TO THE AMOUNTS
19 OF MONIES COLLECTED AND DEPOSITED INTO SUCH FUND PURSUANT TO SECTION
20 NINE HUNDRED SIXTY-ONE-A OF THE GENERAL MUNICIPAL LAW DURING THE PRECED-
21 ING CALENDAR YEAR, AS CERTIFIED BY THE COMPTROLLER. NOTHING CONTAINED IN
22 THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR
23 BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND
24 DEPOSITING THEM INTO SUCH FUND ACCORDING TO LAW.
25 3. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMPTROLLER
26 SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAK-
27 ER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE AND CHAIR OF
28 THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE AMOUNT OF MONEY DEPOSITED IN
29 SUCH FUND DURING THE PRECEDING CALENDAR YEAR AS THE RESULT OF REVENUE
30 DERIVED PURSUANT TO SECTION NINE HUNDRED SIXTY-ONE-A OF THE GENERAL
31 MUNICIPAL LAW.
32 4. MONEYS IN SUCH FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMIN-
33 GLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE COMMISSIONER OF TAXA-
34 TION AND FINANCE AND THE COMPTROLLER.
35 5. THE MONEYS IN SUCH FUND SHALL BE EXPENDED ONLY FOR THE PURPOSES OF
36 WORKFORCE SKILLS DEVELOPMENT AUTHORIZED BY SECTION NINE HUNDRED
37 SIXTY-ONE-A OF THE GENERAL MUNICIPAL LAW.
38 6. ALL PAYMENTS FROM SUCH FUND SHALL BE MADE BY THE DEPARTMENT OF
39 TAXATION AND FINANCE AFTER AUDIT AND WARRANT OF THE COMPTROLLER ON
40 VOUCHERS APPROVED BY THE COMMISSIONER OF ECONOMIC DEVELOPMENT.
41 S 3. This act shall take effect on the sixtieth day after it shall
42 have become a law.
