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

                                  3298

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced  by M. of A. MILLMAN, WRIGHT, SCHROEDER -- Multi-Sponsored by
  -- M. of A.  CANESTRARI, CLARK, COLTON, COOK, CYMBROWITZ, GLICK, GOTT-
  FRIED, HEASTIE, McENENY, PERRY, PHEFFER, J. RIVERA,  SWEENEY,  WEISEN-
  BERG -- read once and referred to the Committee on Social Services

AN  ACT  to  amend  the social services law, in relation to training and
  education for sustainable wage jobs and traditional and nontraditional
  employment in public assistance employment programs

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

  Section 1. Subdivision 1 of section 330 of the social services law, as
amended  by  section  148  of part B of chapter 436 of the laws of 1997,
paragraphs a and b as amended by section 2 of part C of  chapter  57  of
the laws of 2005, is amended to read as follows:
  1. Whenever used in this title:
  a.  the term "commissioner" means the commissioner of the state office
of temporary and disability assistance; [and]
  b. the term "department" means the state office of temporary and disa-
bility assistance;
  C.  THE TERM "NONTRADITIONAL EMPLOYMENT" MEANS OCCUPATIONS  OR  FIELDS
OF  WORK,  INCLUDING CAREERS IN THE SKILLED TRADES, OR COMPUTER SCIENCE,
TECHNOLOGY AND OTHER EMERGING HIGH SKILL OCCUPATIONS, FOR WHICH ANY  ONE
GENDER  COMPRISES  LESS  THAN  TWENTY-FIVE  PERCENT  OF  THE INDIVIDUALS
EMPLOYED IN EACH SUCH OCCUPATION OR FIELD OF WORK ACCORDING  TO  FEDERAL
DEPARTMENT OF LABOR STATISTICS; AND
  D.  THE  TERM  "SUSTAINABLE  WAGE"  MEANS  A WAGE THAT IS AT LEAST ONE
HUNDRED EIGHTY-FIVE PERCENT OF THE POVERTY LINE AND THAT IS ADJUSTED FOR
REGIONAL FACTORS.
  S 2. The second undesignated paragraph of section 333  of  the  social
services  law, as amended by section 148 of part B of chapter 436 of the
laws of 1997, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01404-01-1

              

A. 3298                             2

  Such plan shall be developed  in  cooperation  and  coordination  with
public  and  private education institutions, child care providers, child
care resource and referral agencies if available in the district,  labor
unions, libraries, public and private employers, employment and training
agencies and organizations, and private industry councils established in
service  delivery  areas  defined  in  subdivision  five of section nine
hundred seventy-one of the executive law.    SUCH  PLAN  SHALL  STRONGLY
CONSIDER,  FOR  INDIVIDUALS WHO HAVE OBTAINED A HIGH SCHOOL DIPLOMA OR A
GENERAL EQUIVALENCY DIPLOMA (GED), TRAINING FOR  SUSTAINABLE  WAGE  JOBS
AND  PROMOTE  NONTRADITIONAL  EMPLOYMENT  OPPORTUNITIES FOR SUCH PARTIC-
IPANTS; PROVIDED THAT ANY INDIVIDUAL'S PREPARATION FOR EMPLOYMENT  SHALL
BE CONSISTENT WITH FEDERAL AND STATE WORK PARTICIPATION REQUIREMENTS.
  S  3.  Paragraph  (a)  of  subdivision  1 of section 334 of the social
services law, as amended by section 148 of part B of chapter 436 of  the
laws of 1997, is amended to read as follows:
  (a)  education,  employment and training opportunities available under
the local plan, including: (I) EDUCATION AND  TRAINING  FOR  SUSTAINABLE
WAGE  JOBS  AND NONTRADITIONAL EMPLOYMENT OPPORTUNITIES; AND (II) educa-
tional and training opportunities available at no cost  to  the  partic-
ipant  as  well as the responsibilities associated with the repayment of
student financial aid;
  S  4. Paragraph (a) of subdivision 2 of  section  335  of  the  social
services  law, as amended by section 148 of part B of chapter 436 of the
laws of 1997, is amended to read as follows:
  (a) Based on the  assessment  required  by  subdivision  one  of  this
section,  the social services official, in consultation with the partic-
ipant, shall develop an employability plan in writing  which  shall  set
forth  the  services  that will be provided by the social services offi-
cial, including but not limited to child care and other services and the
activities in which the participant will take part, including child care
and other services and shall  set  forth  an  employment  goal  for  the
participant.    To  the  extent  possible,  the employability plan shall
reflect the preferences of the participant in a manner that is  consist-
ent with the results of the participant's assessment and the need of the
social services district to meet federal and state work activity partic-
ipation  requirements,  and, if such preferences cannot be accommodated,
the reasons shall be specified in the employability plan.  The  employa-
bility  plan  shall  also take into account the participant's supportive
services needs, available program resources, local  employment  opportu-
nities, AND SHALL STRONGLY CONSIDER, FOR INDIVIDUALS WHO HAVE OBTAINED A
HIGH  SCHOOL  DIPLOMA OR A GENERAL EQUIVALENCY DIPLOMA (GED), THE POTEN-
TIAL FOR AVAILABLE EMPLOYMENT THAT PAYS  A  SUSTAINABLE  WAGE;  PROVIDED
THAT  ANY  INDIVIDUAL'S  PREPARATION  FOR EMPLOYMENT SHALL BE CONSISTENT
WITH FEDERAL AND STATE WORK PARTICIPATION REQUIREMENTS;  and  where  the
social  services official is considering an educational activity assign-
ment for such  participant,  the  participant's  liability  for  student
loans,  grants  and  scholarship awards. The employability plan shall be
explained to the participant.  Any change to the participant's  employa-
bility  plan required by the social services official shall be discussed
with the participant and shall be documented in writing.
  S 5. Paragraph (a) of subdivision 2 of section  335-a  of  the  social
services  law, as amended by section 148 of part B of chapter 436 of the
laws of 1997, is amended to read as follows:
  (a) Based on the  assessment  required  by  subdivision  one  of  this
section,  the social services official, in consultation with the partic-
ipant, shall develop an employability plan in writing  which  shall  set

A. 3298                             3

forth the services that will be provided by the social services official
and  the  activities  in which the participant will take part, including
supportive services and shall set  forth  an  employment  goal  for  the
participant.  A  local social services district may assign recipients in
households without dependent children to any activity. The employability
plan also shall take into account the participant's supportive  services
needs,  available program resources, local employment opportunities, AND
SHALL STRONGLY CONSIDER, FOR INDIVIDUALS WHO HAVE OBTAINED A HIGH SCHOOL
DIPLOMA OR A GENERAL EQUIVALENCY DIPLOMA (GED), THE POTENTIAL FOR AVAIL-
ABLE EMPLOYMENT THAT PAYS A SUSTAINABLE WAGE; PROVIDED THAT ANY INDIVID-
UAL'S PREPARATION FOR EMPLOYMENT SHALL BE CONSISTENT  WITH  FEDERAL  AND
STATE  WORK  PARTICIPATION  REQUIREMENTS;  and where the social services
official is considering an  educational  activity  assignment  for  such
participant,  the  participant's liability for student loans, grants and
scholarship awards.  The employability plan shall be  explained  to  the
participant. Any change to the participant's employability plan required
by  the social services official shall be discussed with the participant
and shall be documented in writing.
  S 6. This act shall take effect on the one hundred twentieth day after
it shall have become a law, and shall apply to employability plans  made
or updated on and after such effective date.