S T A T E   O F   N E W   Y O R K
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                                  4914

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2011
                               ___________

Introduced by M. of A. WRIGHT, GLICK, JEFFRIES, ORTIZ, TOWNS, O'DONNELL,
  CAMARA  --  Multi-Sponsored  by  --  M.  of A. BRENNAN, COOK, KELLNER,
  PEOPLES-STOKES, PRETLOW -- read once and referred to the Committee  on
  Social Services

AN ACT to amend the social services law, in relation to establishing the
  savings  plan  demonstration  project; and providing for the repeal of
  such provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The social services law is amended by adding a new section
36-d to read as follows:
  S 36-D. SAVINGS PLAN DEMONSTRATION PROJECT. 1.    NOTWITHSTANDING  ANY
OTHER  PROVISION OF LAW TO THE CONTRARY, IN ANY SOCIAL SERVICES DISTRICT
WITHIN A CITY HAVING A POPULATION OF ONE MILLION  OR  MORE,  THE  SOCIAL
SERVICES  DISTRICT SHALL CONDUCT A DEMONSTRATION PROJECT AS SET FORTH IN
THIS SECTION, AND SHALL EVALUATE AND REPORT ON SUCH PROJECT, PURSUANT TO
A PLAN APPROVED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND
THE DIVISION OF BUDGET PRIOR TO THE IMPLEMENTATION OF THE PROJECT.
  2. SUCH SOCIAL SERVICES DISTRICT, IN LIEU OF APPLYING THAT PORTION  OF
A  TEMPORARY  HOUSING ASSISTANCE RECIPIENT'S EARNED INCOME THAT, BUT FOR
THE OTHER PROVISIONS OF THIS CHAPTER, WOULD BE  APPLIED  TO  REDUCE  THE
NEED  FOR THE SHELTER COMPONENT OF TEMPORARY HOUSING ASSISTANCE PROVIDED
IN A TEMPORARY EMERGENCY SHELTER,  SHALL  DIRECT  SUCH  A  RECIPIENT  TO
PARTICIPATE IN A SAVINGS PLAN WITH SUCH FUNDS AND, AS LONG AS SUCH FUNDS
ARE  NOT WITHDRAWN, THEY SHALL NOT BE APPLIED TO REDUCE THE NEED FOR THE
SHELTER COMPONENT OF THE TEMPORARY HOUSING ASSISTANCE  GRANTED  FOR  THE
DURATION  OF  HIS  OR  HER  RESIDENCE  IN  TEMPORARY EMERGENCY SHELTERS;
PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SECTION SHALL ONLY  APPLY
TO A PERSON RECEIVING TEMPORARY HOUSING ASSISTANCE IN A SHELTER OR OTHER
FACILITY FUNDED AND OVERSEEN BY THE NEW YORK CITY DEPARTMENT OF HOMELESS
SERVICES  OR  THE  NEW  YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06243-01-1
              

A. 4914                             2

DEVELOPMENT.  FAILURE BY A RECIPIENT OF TEMPORARY HOUSING ASSISTANCE  TO
CONTRIBUTE  TO  SUCH  A  SAVINGS  PLAN SHALL NOT IN ITSELF RESULT IN THE
DISCONTINUANCE OF TEMPORARY HOUSING  ASSISTANCE,  UNLESS  THE  RECIPIENT
SEPARATELY  FAILS  TO  COMPLY  WITH CONDITIONS OF ELIGIBILITY THAT COULD
RESULT IN THE DISCONTINUANCE OF TEMPORARY HOUSING ASSISTANCE.
  3. IN SUCH SOCIAL SERVICES DISTRICT, ANY SUCH FUNDS COLLECTED FROM THE
EARNED INCOME OF A RECIPIENT OF TEMPORARY HOUSING ASSISTANCE WHILE HE OR
SHE IS RESIDING IN A TEMPORARY EMERGENCY SHELTER SHALL BE DEPOSITED IN A
SAVINGS PLAN APPROVED BY THE OFFICE OF TEMPORARY AND DISABILITY  ASSIST-
ANCE  AND  THE DIVISION OF BUDGET; SHALL BE PAYABLE TO THE RECIPIENT FOR
THE RECIPIENT'S USE TO FACILITATE HIS OR HER TRANSITION TO, OR STABILIZE
HIS OR HER RESIDENCE IN, PERMANENT HOUSING UPON  HIS  OR  HER  DISCHARGE
FROM  A  SHELTER  OR  UPON  VERIFICATION  OF  SUCH  RECIPIENT'S  DATE OF
DISCHARGE FROM A SHELTER; AND SHALL BE CONSIDERED EXEMPT AS INCOME OR  A
RESOURCE UNTIL THE TWELFTH MONTH FOLLOWING THE MONTH IN WHICH THE RECIP-
IENT  CEASES RECEIVING TEMPORARY HOUSING ASSISTANCE IN A TEMPORARY EMER-
GENCY SHELTER. FUNDS COLLECTED IN SUCH SAVINGS PLANS  SHALL  BE  POOLED,
TRACKED  INDIVIDUALLY,  AND  MAINTAINED  IN  A  SAVINGS  OR MONEY-MARKET
ACCOUNT AT INTEREST RATES SET BY THE INSTITUTION WITH WHICH  SUCH  FUNDS
ARE  DEPOSITED.  ANY  SAVINGS  AND  INTEREST  ACCRUED IN SUCH ACCOUNT OR
ACCOUNTS SHALL BE DISTRIBUTED TO A TEMPORARY HOUSING ASSISTANCE  RECIPI-
ENT UPON HIS OR HER DISCHARGE FROM A TEMPORARY EMERGENCY SHELTER OR UPON
VERIFICATION  OF  SUCH  RECIPIENT'S DATE OF DISCHARGE FROM A SHELTER, IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
  4. SUCH SOCIAL SERVICES DISTRICT SHALL BE DEEMED  IN  COMPLIANCE  WITH
SECTION  ONE  HUNDRED  THIRTY-ONE-A OF THIS CHAPTER FOR REIMBURSEMENT OF
EXPENDITURES  MADE  FOR  TEMPORARY  HOUSING  ASSISTANCE,  PROVIDED   THE
DISTRICT  IS  CONDUCTING  THE  PROJECT  FULLY  IN  ACCORDANCE  WITH  THE
PROVISIONS OF THIS SECTION. UNEARNED INCOME OF A RECIPIENT OF  TEMPORARY
HOUSING ASSISTANCE IN SUCH SOCIAL SERVICES DISTRICT SHALL NOT BE APPLIED
TO  THE  SAVINGS  PLAN,  AND SHALL NOT BE REQUIRED TO BE APPLIED TO THAT
PORTION OF THE SHELTER  COSTS  NOT  PAID  FOR  WITH  PUBLIC  ASSISTANCE.
TEMPORARY  HOUSING  ASSISTANCE  RECIPIENTS  SHALL  NOT  BE  REQUIRED  TO
CONTRIBUTE TO THE COST OF SUCH SHELTER, AS PROVIDED FOR IN THIS SECTION.
SUCH PROJECT SHALL NOT BE IMPLEMENTED SO AS TO  COMPROMISE  THE  FEDERAL
BENEFITS OF A RECIPIENT OR ANY OF HIS OR HER HOUSEHOLD MEMBERS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law provided, however, that:
  a.  if the office of temporary and disability assistance and the divi-
sion of budget approve a demonstration project provided for in this  act
prior  to  the  one hundred eightieth day, this act shall take effect on
the date of such approval except that the office of temporary and  disa-
bility assistance shall be authorized immediately to promulgate any rule
or regulation necessary for the implementation of this act;
  b.  the office of temporary and disability assistance and the division
of budget shall notify the legislative bill drafting commission upon the
occurrence of the approval of the demonstration project provided for  in
this act in order that the commission may maintain an accurate and time-
ly  effective data base of the official text of the laws of the state of
New York in furtherance of effectuating the provisions of section 44  of
the legislative law and section 70-b of the public officers law; and
  c. this act shall expire and be deemed repealed March 31, 2018.