S T A T E   O F   N E W   Y O R K
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                                  5855

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 7, 2013
                               ___________

Introduced  by  M.  of  A.  WRIGHT,  GLICK,  ORTIZ, 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ARE NOT WITHDRAWN, THEY SHALL NOT BE APPLIED TO REDUCE THE NEED FOR  THE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
DEVELOPMENT.   FAILURE BY A RECIPIENT OF TEMPORARY HOUSING ASSISTANCE TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00767-01-3
              

A. 5855                             2

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, 2020.