BILL NUMBER: S8389
SPONSOR: RAMOS
 
TITLE OF BILL:
An act to amend the labor law, in relation to the New York state work-
force development board
 
PURPOSE OF THE BILL:
The purpose of this bill is to amend the State Workforce Investment
Board (SWIB) enabling statute.
 
SUMMARY OF PROVISIONS:
Section one of this bill would amend Labor Law Section 852 to conform
with the federal Workforce Innovation and Opportunity Act (WIOA), rather
than the Workforce Investment Act (WIA), which was superseded by WIOA in
2014 (29 U.S.C. 3111). Specifically, this bill would: (1) align Labor
Law Section 852 with WIOA by updating and replacing references to WIA;
(2) rename the current State Workforce Investment Board to the State
Workforce Development Board for consistency with WIOA; (3) permit ex-of-
ficio members of the Board to authorize designees who may participate in
Board matters on their behalf, including counting toward quorum; and (4)
adjust the composition of the Board's membership to comply with WIOA
requirements.
Section two of the bill would make it effective immediately.
 
JUSTIFICATION:
WIOA is a federal law that helps people find jobs, education, and train-
ing, and connects employers with skilled workers as a primary source of
federal funding and legal obligations for state workforce development
programs.
The New York State Workforce Investment Board includes forty-nine (49)
members based on parameters established by the former WIA. To align
federal and state workforce systems, Section 3111(a) of WIOA requires
the Governor of each state to establish a "state workforce development
board" to carry out functions described in Section 3111(d) of WIOA. WIOA
does not specify the total number of board members; however, Section
3111(b) requires certain members, including the Governor, appointees of
the Governor and the presiding officers of the state legislature, busi-
ness representatives comprising a majority (51%) of membership, and at
least 20% of members being from the state workforce. Membership require-
ments are further described by federal regulation in 20 C.F.R § 679.110,
which also permits board members to authorize designees.
Labor Law Section 852 is the current enabling statute for the SWIB and
is out of compliance with WIOA. Section 852 improperly refers to and
references WIA, and does not permit ex-officio (i.e., permanent) Board
members to authorize designees. This bill would streamline Board oper-
ations by authorizing ex-officio Board members to authorize designees.
 
PRIOR LEGISLATIVE HISTORY:
None. This would be a new bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act would take effect immediately.