NY State Senate Bill 2015-S4831

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 15, 2016	reported and committed to finance
Jan 06, 2016	referred to social services
Jun 02, 2015	reported and committed to finance
Apr 20, 2015	referred to social services

Votes

- Mar 15, 2016 - Social Services Committee Vote
  S4831
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Social Services Committee Vote: Mar 15, 2016
      
      aye (5)
      
      Amedore
      
      Carlucci
      
      Farley
      
      Persaud
      
      Squadron
      
      aye wr (2)
      
      LaValle
      
      Martins
  Jun 2, 2015 - Social Services Committee Vote
  S4831
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Social Services Committee Vote: Jun 2, 2015
      
      aye (5)
      
      Amedore
      
      Carlucci
      
      Farley
      
      Montgomery
      
      Squadron
      
      aye wr (2)
      
      LaValle
      
      Martins

2015-S4831 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Social Services Law
Laws Affected:: Amd §§330, 332, 341, 342, 332-b, 335-b & 336, Soc Serv L

2015-S4831 (ACTIVE) - Summary

Relates to public assistance employment programs; amends requirements for work participation.

2015-S4831 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4831

TITLE OF BILL:  An act to amend the social services law, in relation
to the definition of and the social services districts' engagement of
a "volunteer"; the time period to request conciliation for the public
assistance employment program; the employment sanctions for a member
of a public assistance household which includes a minor child; the
time period within which an individual must produce required medical
documentation; the social services districts' referrals to licensed
health care practitioners; the authority to continue an assigned work
activity for a work limited individual pending re-evaluation; and
amending references to federal work participation rates and reporting
hours of participation in certain work activities to be consistent
with federal requirements

Purpose of the Bill:

This legislation would amend the Social Services Law (SSL) to provide
a standardized time period in which to request conciliation from the
social services district (SSD) for all public assistance employment
cases. The bill further seeks to amend the SSL to make certain
technical changes clarifying requirements of the public assistance
employment program and to align the SSL with federal requirements.

Summary of Provisions:

Section 1 of the bill would amend SSL § 330(4) to define that a
"volunteer" is an applicant or recipient of public assistance who is
otherwise exempt from participation in work activities and elects to
participate or someone who elects to participate beyond the extent
required by the SSD. The section further clarifies that in all
instances the work activity must be approved by the SSD.

Section 2 of the bill would amend SSL § 332(2)(b) to clarify that
volunteers should be allowed by the SSD to participate in work
activities as appropriate, consistent with any documented medical
limitations.

Section 3 of the bill would amend SSL§ 341(1) to standardize the time
frame associated with requesting a conciliation conference to ten
calendar days for all case types and to standardize the time frame
associated with concluding the time for a conciliation at thirty days
for all case types.

Section 4 of the bill would amend the opening paragraph of SSL
342(2) to clarify that any adult member of a public assistance
household which includes a minor child who refuses or fails to comply
with public assistance requirements shall be subject to an employment
sanction.

Section 5 of the bill would amend SSL § 332-b(2)(b) to clarify that
individuals who allege that they are unable to participate in work
activities due to either a medical condition or limitations have ten
(10) calendar days from the date they are provided notice of the
opportunity to provide medical information to submit medical
documentation to the SSD's practitioner in connection with the
practitioner's evaluation of whether the individual is able to work or


participate in work activities, unless additional time is granted by
the SSD.

Section 6 of the bill would amend the opening paragraph of SSL
332-b(4) to clarify that when the SSD determines that the
documentation is insufficient to support an exemption from or
limitation on work activities and that a further medical evaluation is
appropriate that the individual shall be referred to a health care
practitioner licensed to practice in New York State.

Section 7 of the bill would amend SSL § 332-b(5) to clarify that when
the SSD has directed the reevaluation of a work-limited participant's
health status to determine if there has been a change in his or her
condition, the SSD may continue to require the work limited
participant to participate in assigned public assistance work
activities which are consistent with the individual's documented
limitations while the SSD's reevaluation of the individual's
employability status is completed in accordance with SSL § 332-b(5).

Section 8 of the bill would amend SSL § 335-b(1) to modify the
references to federal participation rates to be consistent with
federal requirements, including the requirement to include recipients
of Safety Net (SN) assistance that include a child when required by
the federal work participation rate calculation. This section would
also amend SSL § 335-b(1) to remove subdivision (c) as duplicative of
the requirements set forth in SSL § 335-b(1), as modified, and amend
SSL § 335- b(1 )(d) to reflect the inclusion of SN assistance
households with children in the federal work participation rate to the
extent required by federal law or regulation.

Section 9 of the bill would amend SSL § 335-b(2) to adjust certain
descriptive language pertaining to limits on participation in job
search/job readiness as established by federal law or regulation,
rather than including specific federal limits

Section 10 of the bill would amend SSL § 336(1)(m) to reflect that
participation in job search/job readiness training assistance may be
required by the SSD beyond a specific limit of six weeks as presently
set forth - and to use more general language as set forth in federal
law or regulation.

Section 11 of the bill would amend SSL § 336(8) by changing the
reference for reporting hours of participation in unpaid
internships/externships from On-The-Job Training to work experience
pursuant to SSL § 336, or to other work activity consistent with
federal law or regulation.

Section 12 of the bill provides a severability clause.

Section 13 of the bill provides that this act shall take effect
immediately.

Existing Law:

SSL § 330 fails to provide a definition of the term "volunteer." SSL
330(4) provides that a "participant" shall mean "an applicant for or


recipient of public assistance who volunteers for or is required to
participate in work activities" as provided by the SSD.

SSL § 332(2)(b) provides for preference to be given to engage
volunteers unless other groups are determined to have greater need for
services.

SSL § 341(1)(a) provides that a conciliation notice advises that the
participant has seven (7) calendar days to request conciliation with
the SSD in the case of a SN assistance participant, and ten (10)
calendar days in the case of a Family Assistance (FA) participant.

SSL § 341(1)(b) provides that unless extended by mutual agreement the
conciliation shall terminate and a determination shall be made within
fourteen days of the date a request for conciliation is made in the
case of a Safety Net Assistance recipient, and within thirty days of
the date of the Notice of Conciliation in the case of a Family
Assistance recipient.

SSL § 342 provides that an applicant or recipient who is a "parent" or
"caretaker" of a "dependent child" who refuses or fails to comply with
public assistance employment requirements as assigned by the SSD is
subject to an employment sanction in accordance with SSL § 341.

SSL § 332-b(2) provides that applicants for and recipients of public
assistance who allege that they are unable to participate in work
activities, or that they have limitations, have ten (10) calendar days
from the date the SSD notifies the individual of the requirement to
provide medical documentation to the SSD or to the SSD's practitioner;
if referred for an independent employability evaluation (consistent
with 18 NYCRR § 385.2), for consideration when determining the
individual's ability to work or participate in work activities, the
individual has four (4) business days to provide any additional
medical documentation.

SSL § 332-b(4) provides that, when an SSD requires an individual to
participate in an independent medical evaluation, the individual shall
be referred to a health care practitioner certified by the Office of
Temporary and Disability Assistance's (OTDA's) Division of Disability
Determinations (DDD).

SSL § 332-b(5) provides that no assignment to work activities may be
made when a determination of an individual's medical status must be
made, unless the applicant or recipient agrees to a limited work
assignment not inconsistent with the medical condition alleged.

SSL § 335-b(l) requires that each SSD meet or exceed the minimum
participation rate for families receiving assistance funded under the
federal Temporary Assistance for Needy Families (TANF) program, and
this subdivision provides a separate work participation rate for
certain families receiving assistance funded under the State and local
SN assistance program.

SSL § 335-b(2) provides, in part, that "engaged in work" shall include
job search and job readiness assistance for a maximum of six weeks,
only four of which may be consecutive.


SSL § 336(1)(m) allows SSDs to continue to require individuals to
participate in job search and job readiness assistance after exceeding
the limit for such activities as set forth in federal law.

SSL § 336(8) provides, in part, that hours of participation in
internships, externships, and certain other work placements should be
counted for work participation rate purposes as "on-the-job-training."

Prior Legislative History:

In 2014, a similar bill clarifying various requirements of the public
assistance employment program was introduced as Assembly 9901/Senate
7714, but did not move out of committee.

Statement in Support:

SSL § 341 establishes the time frames and the procedures governing the
conciliation conference. Specifically, SSL § 341 requires that the SSD
provide individuals receiving FA ten (10) calendar days to request a
conciliation conference from the date the conciliation notice is
issued, while individuals receiving SN assistance are provided seven
(7) calendar days to request a conciliation conference from the date
of the conciliation notice. Additionally, consistent with a waiver
approved by the United States Department of Agriculture's (USDA's)
Food and Nutrition Service (FNS), OTDA must provide at least ten (10)
calendar days from the date of the conciliation notice for a SNAP
recipient to comply with the work activity assigned by the SSD so as
to avoid the imposition of a SNAP sanction. Consequently, in order to
standardize the time frame for requesting a conciliation conference
and/or the opportunity to timely demonstrate compliance in order to
avoid a SNAP employment sanction, the proposed bill provides for a
uniform ten (10) calendar days for all case types.

The authority to impose an employment sanction on adult individuals
who are members of a household that includes a dependent child, but
who are not a parent or a caretaker, requires clarification.
Otherwise, the existing State statute appears to limit the SSD's
ability to impose an employment sanction to only those instances when
the individual, who has failed or refused to comply with public
assistance employment requirements (consistent with Title 9-B), is a
parent or caretaker, and would not provide the SSD the authority to
otherwise sanction an adult household member other than a "parent" or
"caretaker."

Without defining the term "volunteers," the current statute, SSL
330, refers to a "volunteer" as being a "participant" without regard
to the SSD's review and approval of the work activity in which the
individual elects to participate. Litigation has sought to compel SSDs
to provide supportive services to exempt individuals who self-direct
and attend activities without SSD approval. The proposed technical
change will clarify that volunteers are exempt individuals who
volunteer to participate in work activities designated and approved by
the SSD. This clarification is important to ensure that limited
resources are used for appropriate activity engagement approved by the
SSD in accordance with an individual's employment assessment.


State statute requires individuals who allege they are unable to
participate in work activities due to either a medical condition or
limitations to provide medical documentation within ten (10) calendar
days in connection with an SSD's determination of employability. The
statute includes an additional provision, applicable to those
instances where the individual is thereafter referred for an
independent evaluation, which permits the individual to submit medical
documentation to the SSD's practitioner at the time of the evaluation
or within four (4) business days of the examination in order for such
documentation to be considered when determining the individual's
ability to work or participate in work activities. The proposed
technical changes would clarify and standardize that such individuals
have ten (10) calendar days from the date the SSD notifies the
individual of the requirement to submit medical documentation, as
described above, unless additional time is granted by the SSD based
upon the individual's particular circumstances.

The SSL provides that when an SSD requires an individual to
participate in an independent medical evaluation, the individual be
referred to a health care practitioner certified by the DDD. However,
the DDD does not certify practitioners. So as to clarify and make
consistent the statute with SSD practices, the proposed bill would
remove the certification requirement, and instead require that any
health care practitioner evaluating an individual at the request of an
SSD be licensed to practice in New York State.

SSDs are required to inquire as to whether the individual has any
medical condition which would limit the individual's ability to
participate in work activities at application, recertification, or
whenever the SSD has reason to believe that a physical or mental
health impairment may prevent the individual from fully participating
in work activities. The SSD's authority to require a work limited
individual to continue participation in assigned work activities which
are consistent with the individual's limitations during a reevaluation
of the individual's employability status requires clarification.
Otherwise, SSDs may be required to disengage such individuals from
work activities in which the individual was previously participating,
without issues or complaints by the individual, during the time that
the individual's employability status is being reevaluated at the
SSD's initiative in order to determine if the individual's condition
has improved. Clarifying that the activity participation may continue
during these circumstances permits activities and the provision of
related support services to continue without interruption.

The Deficit Reduction Act of 2005 (DRA) modified the calculation of
the federal participation rate, effective October 1, 2006, to include
families with dependent children who are receiving public assistance
supported by State/local funds which are claimed toward the
maintenance of effort (MOE) requirement for the TANF program.

The DRA also directed the United States Department of Health and Human
Services (DHHS) to promulgate regulations defining which activities
constitute countable "work activities," establishing standards for
reporting and documenting hours of participation in work activities,
and defining when a child-only case is included in the federal work
participation rate calculation. The final TANF rule issued by the DIMS
established definitions for each of the countable work activities, and


modified the basis for tracking participation in job search/job
readiness training assistance that may be counted and reported toward
the federal participation rate. References to the federal
participation rates, limits on the countability of job search/job
readiness training assistance, and the reporting of participation in
unpaid internships/externships in State statute need to be updated to
establish consistency with federal requirements, including the ability
to extend the countability of participation in job search/job
readiness activities as specified in federal law.

Budget Implications:

There will be no fiscal implications related to the proposed technical
changes.

Local Impact:

The bill, as it relates to public assistance employment program
conciliation, would neither impose any mandates on the SSDs, nor
result in any increased costs. OTDA would modify the Welfare to Work
Caseload Management System to standardize the time frame associated
with requesting a conciliation conference and/or the opportunity to
demonstrate compliance with SNAP work requirements. The New York City
Human Resources Administration will need to adjust its systems to
support a standardized time frame.

Implementation of the bill would require changes to State regulations
and policies, systems changes at the State level, and training of SSD
staff, with possible additional changes to local procedures.

The proposed technical changes will not change the existing
requirement to engage non-exempt individuals in work activities as
soon as practical, but will adjust certain provisions in order to
clarify the process that SSDs are required to follow, such as the time
frame for providing medical documentation or the ability to maintain a
work limited individual's work activities during the period in which
the SSD initiates a reevaluation of the individual's condition.
Therefore, the proposed changes should not impact SSDs or clients. The
clarification will ensure engaged participants remain engaged as
appropriate.

The change requiring that referrals for an independent medical
evaluation be made to a practitioner who is licensed to practice in
New York State should have no impact on the availability of such
evaluations, insofar as it is believed that SSDs already routinely
ensure that participating practitioners are licensed to practice in
New York State.

The bill provides clarification of the definition of "volunteer" and
an SSD's authority to impose an employment sanction when any adult who
is a member of a household with dependent children refuses or fails to
comply. This clarification should benefit the State and localities by
preventing future litigation based on alternative interpretations of
the SSL.

Effective Date:


This bill takes effect immediately.

2015-S4831 (ACTIVE) - Bill Text download pdf

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

                                  4831

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 20, 2015
                               ___________

Introduced  by  Sen.  CARLUCCI -- (at request of the Office of Temporary
  and Disability Assistance) -- read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services

AN ACT to amend the social services law, in relation to  the  definition
  of and the social services districts' engagement of a "volunteer"; the
  time  period to request conciliation for the public assistance employ-
  ment program; the employment  sanctions  for  a  member  of  a  public
  assistance  household  which  includes  a minor child; the time period
  within which an individual must produce  required  medical  documenta-
  tion; the social services districts' referrals to licensed health care
  practitioners; the authority to continue an assigned work activity for
  a  work  limited individual pending re-evaluation; and amending refer-
  ences to federal work  participation  rates  and  reporting  hours  of
  participation in certain work activities to be consistent with federal
  requirements

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

  Section 1. Subdivision 4 of section 330 of the social services law, as
amended by section 148 of part B of chapter 436 of the laws of 1997,  is
amended,  subdivision  5 is renumbered subdivision 6, and a new subdivi-
sion 5 is added to read a follows:
  4. "Participant" shall mean an applicant for or  recipient  of  public
assistance  who  volunteers  for  or  is required AND IS ASSIGNED BY THE
DISTRICT to participate in work activities as provided in this title.
  5. "VOLUNTEER" SHALL MEAN AN APPLICANT  FOR  OR  RECIPIENT  OF  PUBLIC
ASSISTANCE WHO IS EXEMPT FROM MANDATORY PARTICIPATION IN WORK ACTIVITIES
AND  WHO  ELECTS  TO PARTICIPATE IN A WORK ACTIVITY OR AN INDIVIDUAL WHO
ELECTS TO PARTICIPATE BEYOND THE EXTENT REQUIRED BY THE DISTRICT. IN ALL
INSTANCES, A WORK ACTIVITY ASSIGNMENT MUST BE  APPROVED  BY  THE  SOCIAL
SERVICES DISTRICT CONSISTENT WITH THE INDIVIDUAL'S ASSESSMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09603-01-5

S. 4831                             2

  S  2.  Paragraph  (b)  of  subdivision  2 of section 332 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:
  (b)  allow  [and give first consideration to] volunteers [who have not
previously terminated participation in such program without good  cause]
to  participate  in  the program[; provided, however, such consideration
shall not preclude a district from requiring applicants or recipients to
participate prior to consideration for or participation by  such  volun-
teers  if  such recipients or applicants are determined to be in greater
need of the services provided pursuant to this title in accordance  with
criteria  established by the district and submitted and approved as part
of its local plan which may include, but not be limited  to,  length  of
time  for  which  a  recipient  has been in receipt of public assistance
benefits, education, age, health and skills] WITH DISTRICT APPROVAL.
  S 3. Subdivision 1 of section 341  of  the  social  services  law,  as
amended  by  section  1  of part D of chapter 61 of the laws of 2006, is
amended to read as follows:
  1. (a) Consistent with federal law and regulations and this title,  if
a  participant  has failed or refused to comply with the requirements of
this title, the social services district shall issue a notice  in  plain
language  indicating that such failure or refusal has taken place and of
the right of such participant to conciliation to resolve the reasons for
such failure or refusal to avoid a pro-rata reduction in public  assist-
ance  benefits  for  a period of time set forth in section three hundred
forty-two of this title. The notice shall indicate the specific instance
or instances of willful refusal or failure to comply without good  cause
with  the requirements of this title and the necessary actions that must
be taken to avoid a pro-rata reduction in  public  assistance  benefits.
The  notice shall indicate that the participant has [seven] TEN CALENDAR
days to request conciliation with the district regarding such failure or
refusal [in the case of a safety net participant and  ten  days  in  the
case  of a family assistance participant]. The notice shall also include
an explanation in plain language of what would constitute good cause for
non-compliance and examples of acceptable forms  of  evidence  that  may
warrant  an exemption from work activities, including evidence of domes-
tic violence, and physical or mental  health  limitations  that  may  be
provided  at  the conciliation conference to demonstrate such good cause
for failure to comply with  the  requirements  of  this  title.  If  the
participant does not contact the district within the specified number of
days,  the district shall issue ten days notice of intent to discontinue
or reduce assistance, pursuant to regulations of  the  department.  Such
notice  shall  also  include a statement of the participant's right to a
fair hearing relating to  such  discontinuance  or  reduction.  If  such
participant  contacts  the district within [seven] TEN CALENDAR days [in
the case of a safety net participant or within ten days in the case of a
family assistance participant], it will be  the  responsibility  of  the
participant to give reasons for such failure or refusal.
  (b)  Unless  the  district determines as a result of such conciliation
process that such failure or refusal was willful and  was  without  good
cause, no further action shall be taken. If the district determines that
such failure or refusal was willful and without good cause, the district
shall  notify  such  participant  in writing, in plain language and in a
manner distinct from any previous notice, by issuing ten days notice  of
its  intent  to  discontinue  or  reduce  assistance.  Such notice shall
include the reasons for such determination,  the  specific  instance  or
instances  of  willful  refusal  or failure to comply without good cause

S. 4831                             3

with the requirements of this title, the necessary actions that must  be
taken  to  avoid a pro-rata reduction in public assistance benefits, and
the  right  to  a  fair  hearing  relating  to  such  discontinuance  or
reduction.  Unless  extended  by mutual agreement of the participant and
the district, conciliation shall terminate and a determination shall  be
made  within  [fourteen  days  of the date a request for conciliation is
made in the case of a safety net participant or within] thirty  days  of
the  conciliation  notice  [in  the  case of a family assistance partic-
ipant].
  S 4. The opening paragraph of subdivision 2  of  section  342  of  the
social services law, as added by section 148 of part B of chapter 436 of
the laws of 1997, is amended to read as follows:
  In  the case of an applicant for or recipient of public assistance who
is a [parent or caretaker of] MEMBER OF A  PUBLIC  ASSISTANCE  HOUSEHOLD
INCLUDING  a  [dependent]  MINOR  child  the  public assistance benefits
otherwise available to the household  of  which  such  individual  is  a
member shall be reduced pro-rata:
  S  5.  Paragraph  (b)  of subdivision 2 of section 332-b of the social
services law, as amended by chapter 214 of the laws of 1998, is  amended
to read as follows:
  (b)  If,  prior  to  submitting  his or her medical documentation, the
individual is referred to a health care practitioner [certified  by  the
office of disability determinations of the office of temporary and disa-
bility  assistance] LICENSED TO PRACTICE IN NEW YORK STATE or, if appli-
cable, to the contracted agency or institution by  or  with  which  such
health  care  practitioner  LICENSED  TO  PRACTICE  IN NEW YORK STATE is
employed or affiliated for an examination pursuant to  subdivision  four
of  this  section, such individual shall make best efforts to bring such
documentation to the examination, and in  no  case  shall  provide  such
records  to  the  examining  health  care practitioner [certified by the
office  of  disability  determinations]  or,  if  applicable,   to   the
contracted agency or institution by or with which such health care prac-
titioner is employed or affiliated later than [four business] TEN CALEN-
DAR  days  [after  such  examination]  FROM THE DATE OF THE NOTICE WHICH
INFORMED THE INDIVIDUAL OF THE OPPORTUNITY TO PROVIDE MEDICAL DOCUMENTA-
TION; provided that the individual may demonstrate good cause as defined
in regulations, for failure to provide such records within the  specific
time periods.
  S  6.  The  opening paragraph of subdivision 4 of section 332-b of the
social services law, as added by section 148 of part B of chapter 436 of
the laws of 1997, is amended to read as follows:
  In instances where the district determines either that the  documenta-
tion  is insufficient to support an exemption from or limitation on work
activities or that further medical evaluation is appropriate, the  indi-
vidual shall be referred to a health care practitioner [certified by the
Office   of  Disability  Determinations  of  the  Department  of  Social
Services] LICENSED TO PRACTICE IN NEW YORK STATE for an  examination  of
such individual's medical condition.
  S  7.  Subdivision  5  of section 332-b of the social services law, as
added by section 148 of part B of chapter 436 of the laws  of  1997,  is
amended to read as follows:
  5.  When  an applicant or recipient has requested or a social services
official has directed a  determination  pursuant  to  this  section,  no
assignment  to  work  activities  may  be  made until completion of such
determination, unless the applicant or recipient  agrees  to  a  limited
work  assignment  not inconsistent with the medical condition alleged by

S. 4831                             4

such person, EXCEPT THAT WHEN A DISTRICT DIRECTS A  RE-EVALUATION  OF  A
WORK  LIMITED  PARTICIPANT'S HEALTH STATUS, THE DISTRICT MAY REQUIRE THE
WORK LIMITED PARTICIPANT TO CONTINUE TO  PARTICIPATE  IN  ASSIGNED  WORK
ACTIVITIES  CONSISTENT  WITH THE INDIVIDUAL'S DOCUMENTED MEDICAL LIMITA-
TIONS WHILE A RE-EVALUATION OF THE INDIVIDUAL'S EMPLOYABILITY STATUS  IS
COMPLETED IN ACCORDANCE WITH THIS SECTION.
  S  8.  Subdivision  1  of section 335-b of the social services law, as
amended by section 2 of part J of chapter 58 of the  laws  of  2006,  is
amended to read as follows:
  1.  Each  social  services  district  shall meet or exceed the minimum
participation rate for recipients of assistance funded under the federal
temporary assistance  for  needy  families  program,  AND  FOR  FAMILIES
RECEIVING  ASSISTANCE  IN  THE  SAFETY  NET  ASSISTANCE  PROGRAM WHO ARE
REQUIRED BY FEDERAL LAW OR REGULATION  TO  BE  INCLUDED  IN  SUCH  RATE,
participating  in  work  activities  as  specified below with respect to
families receiving such assistance. Each such district shall  also  meet
or exceed the minimum participation rates for households WITHOUT DEPEND-
ENT  CHILDREN  in which there is an adult OR MINOR HEAD OF HOUSEHOLD who
is receiving safety net assistance. Work activities for which such rates
apply are described in section three hundred thirty-six of this title.
  (a) [Such] CONSISTENT WITH FEDERAL  REQUIREMENTS  SUCH  rate  for  all
families receiving assistance funded under the federal temporary assist-
ance  for  needy families program, AND FOR FAMILIES RECEIVING ASSISTANCE
IN THE SAFETY NET ASSISTANCE PROGRAM WHO ARE REQUIRED BY FEDERAL LAW  OR
REGULATION TO BE INCLUDED IN SUCH RATE, shall be [as follows: for feder-
al fiscal year nineteen hundred ninety-seven, twenty-five percent; nine-
teen hundred ninety-eight, thirty percent; nineteen hundred ninety-nine,
thirty-five  percent;  two  thousand,  forty  percent; two thousand one,
forty-five percent; two thousand two  and  thereafter,]  fifty  percent.
Such  [rates]  RATE  shall  apply unless the state is required to meet a
different rate as imposed by the federal government, in which case  such
different  rate shall apply in accordance with a methodology approved by
the commissioner of the office of temporary and disability assistance.
  (b) [Such] CONSISTENT WITH FEDERAL REQUIREMENTS SUCH rate for two-par-
ent families receiving assistance funded  under  the  federal  temporary
assistance  for  needy  families program, AS WELL AS FOR SUCH TWO-PARENT
FAMILIES IN WHICH THERE IS AN ADULT OR MINOR HEAD OF HOUSEHOLD AND WHICH
ARE RECEIVING ASSISTANCE FUNDED UNDER THE SAFETY NET ASSISTANCE  PROGRAM
WHO  ARE  REQUIRED  BY  FEDERAL LAW OR REGULATION TO BE INCLUDED IN SUCH
RATE, shall be [as follows: for federal fiscal  years  nineteen  hundred
ninety-seven  and  nineteen  hundred ninety-eight, seventy-five percent;
nineteen hundred ninety-nine and thereafter,] ninety percent. Such  rate
shall  apply  unless  the  state is required to meet a different rate as
imposed by the federal government, in which  case  such  different  rate
shall apply in accordance with a methodology approved by the commission-
er of the office of temporary and disability assistance.
  (c)  [Such  rate for households with dependent children in which there
is an adult or minor head of household and which is receiving safety net
assistance shall be fifty percent.
  (d)] Calculation of  participation  rates.  The  commissioner  of  the
office  of  temporary  and  disability assistance shall promulgate regu-
lations which define the participation  rate  calculation.  Such  calcu-
lation for families receiving assistance funded under the federal tempo-
rary  assistance  for needy families program, AND FOR FAMILIES RECEIVING
ASSISTANCE IN THE SAFETY NET ASSISTANCE  PROGRAM  WHO  ARE  REQUIRED  BY
FEDERAL  LAW  OR  REGULATION  TO  BE  INCLUDED IN SUCH RATE, pursuant to

S. 4831                             5

[article] TITLE IV-A of the social security act shall be consistent with
that established in federal law.
  [(e)]  (D) Minimum work hours. In order for individuals to be included
in the participation rates specified in this subdivision, such  individ-
uals  must  be  engaged  in  work as defined in title IV-A of the social
security act and in this section for a minimum average weekly number  of
hours as specified below.
  (i) For all families, if the month is in federal fiscal year: nineteen
hundred ninety-seven and nineteen hundred ninety-eight, twenty hours per
week;  nineteen  hundred  ninety-nine,  twenty-five  hours per week; two
thousand and thereafter, thirty hours per week.
  (ii) For two-parent families or households without dependent children,
in any federal or state fiscal year, thirty-five hours per week.
  (iii) In the case of a two-parent family  receiving  federally  funded
child  care  assistance  and  a  parent in the family is not disabled or
caring for a severely disabled  child,  the  individual  and  the  other
parent in the family are participating in work activities for a total of
at  least  fifty-five  hours  per  week during the month, not fewer than
fifty hours of which are attributable to activities described  in  para-
graphs  (a)  through  (h)  and  (l)  of subdivision one of section three
hundred thirty-six of this title.
  [(f)] (E) Such rate for households without dependent children in which
there is an adult or minor head of  household  and  which  is  receiving
safety net assistance shall be fifty percent.
  S  9.  Subdivision  2  of section 335-b of the social services law, as
amended by chapter 380 of the laws  of  2004,  is  amended  to  read  as
follows:
  2. Engaged in work for a month shall mean participating in work activ-
ities  identified in subdivision one of section three hundred thirty-six
of this title for the required number of hours specified in this section
provided, however, that at least twenty hours of such participation,  or
thirty  hours  for  two-parent  families,  or fifty hours for two-parent
families receiving federally funded child care as set forth in  subpara-
graph  (iii)  of paragraph (d) of subdivision one of this section, shall
be attributable to the activities described in  paragraphs  (a)  through
(h)  and  (l)  of subdivision one of section three hundred thirty-six of
this title, or for households without dependent children at least twenty
hours of participation shall be attributable to the activities set forth
in paragraphs (a) through (h) and (l)  of  subdivision  one  of  section
three  hundred  thirty-six  of  this  title,  and  further provided that
participation in job search and job readiness assistance  as  identified
in  paragraph (f) of subdivision one of section three hundred thirty-six
of this title shall only be determined as engaged in work for [a maximum
period of six weeks, only four of which may be consecutive as  otherwise
limited  by  federal law] THE MAXIMUM PERIODS ESTABLISHED BY FEDERAL LAW
OR REGULATION; and that individuals in all families and  in  two  parent
families  may  be engaged in work for a month by reason of participation
in vocational training to the extent allowed by federal  law.  Any  non-
graduate  student  participating  or  approved  by CUNY, SUNY or another
degree granting institution,  or  any  other  state  or  local  district
approved  education,  training  or  vocational  rehabilitation agency to
participate in work-study, or in internships, externships, or other work
placements that are part of the curriculum of that student, shall not be
unreasonably denied the ability to participate in such programs and each
hour of participation shall count toward satisfaction of such  student's
work  activity requirements of this title provided that the district may

S. 4831                             6

consider, among other factors, (a) whether the student  has  voluntarily
terminated his or her employment or voluntarily reduced his or her earn-
ings  to  qualify  for  public assistance pursuant to subdivision ten of
section one hundred thirty-one of this article; (b) whether a comparable
job  or on the job training position can reasonably be expected to exist
in the private, public or not-for-profit sector; (c)  that  the  student
has a cumulative C average or its equivalent, which may be waived by the
district  for undue hardship based on (1) the death of a relative of the
student, (2) the personal injury or illness of the student, or (3) other
extenuating circumstances; and (d) whether the institution cooperates in
monitoring students attendance and performance and reports to the  local
social  services  department  monthly  on  each  student. Failure of the
institution to monitor and  report  monthly  to  local  social  services
districts  on  attendance  and  performance of the student's work study,
internship, externship or other work placement shall be  cause  for  the
department  to  reasonably  deny the student's ability to participate in
such programs. Students shall be  subject  to  sanctions  equivalent  to
those associated with failure to adequately satisfy their other required
work  activities.  In  assigning a non-graduate student participating in
work-study, internships, externships or other work placements,  pursuant
to  this  section,  to  other  work  activities  the district shall make
reasonable effort to assign the student to hours that  do  not  conflict
with the student's academic schedule.
  S  10.  Paragraph  (m)  of  subdivision 1 of section 336 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:
  (m)  job  search  and job readiness assistance once the individual has
exceeded the [six week limit] LIMITS ON SUCH ACTIVITIES set  in  federal
law OR REGULATION;
  S  11.  Subdivision  8  of  section 336 of the social services law, as
added by chapter 534 of the laws of 2000, is amended to read as follows:
  8. The hours of participation in federal work study programs completed
pursuant to section three hundred thirty-five-b of this title  shall  be
included  as  a  work  activity  within  the  definition of unsubsidized
employment, subsidized private sector employment  or  subsidized  public
sector employment pursuant to paragraphs (a), (b) and (c) of subdivision
one  of  this  section,  and  the hours of participation in internships,
externships and other work  placements  completed  pursuant  to  section
three  hundred  thirty-five-b  of this title shall be included as a work
activity within the definition of [on-the-job training] WORK  EXPERIENCE
pursuant  to  paragraph  [(e)] (D) of subdivision one of this section OR
OTHER WORK ACTIVITY CONSISTENT WITH FEDERAL LAW OR REGULATION.
  S 12. Severability clause. If any clause, sentence, paragraph,  subdi-
vision,  section  or  part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 13. This act shall take effect immediately.

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Senate Bill S4831

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Mar 15, 2016 - Social Services Committee Vote

Social Services Committee Vote: Mar 15, 2016

Jun 2, 2015 - Social Services Committee Vote

Social Services Committee Vote: Jun 2, 2015

2015-S4831 (ACTIVE) - Details

2015-S4831 (ACTIVE) - Summary

2015-S4831 (ACTIVE) - Sponsor Memo

2015-S4831 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4831

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Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Finance Committee

2015-S4831 (ACTIVE) - Details

2015-S4831 (ACTIVE) - Summary

2015-S4831 (ACTIVE) - Sponsor Memo

2015-S4831 (ACTIVE) - Bill Text download pdf

Comments