A08558 Summary:

BILL NO    A08558D

SAME AS    SAME AS UNI. S06358-D

SPONSOR    Budget

COSPNSR    

MLTSPNSR   

Amd Various Laws, generally

Relates to expanding the description of certain services which are not
prohibited by statutes governing the practice of nursing (Part A); amends part
A of chapter 111 of the laws of 2010 amending the mental hygiene law relating
to the receipt of federal and state benefits received by individuals receiving
care in facilities operated by an office of the department of mental hygiene,
in relation to the effectiveness thereof (Part B); amends chapter 111 of the
laws of 2010 relating to the recovery of exempt income by the office of mental
health for community residences and family-based treatment programs, in
relation to the effectiveness thereof (Part C); amends the mental hygiene law,
in relation to the creation of the managed care for persons with developmental
disabilities advocacy program (Part D); amends the social services law, in
relation to increasing the standards of monthly need for aged, blind and
disabled persons living in the community (Part E); amends the social services
law, in relation to public assistance restrictions (Part F); amends the
education law, in relation to educational programs in juvenile justice programs
operated by the office of children and family services and amends chapter 57 of
the laws of 2012 amending the education law relating to authorizing the board
of cooperative educational services to enter into contracts with the
commissioner of children and family services to provide certain services, in
relation to making technical corrections thereto (Part G); amends the social
services law, in relation to providing a rent cap for people living with
HIV/AIDS in social services districts with at population over five million
(Part H); relates to reducing state aid for administrative costs of certain
fair hearings in local social services districts and providing for the repeal
of such provisions upon expiration thereof (Part I); amends the social services
law, in relation to clarifying the definitions of vocational educational
training and educational activities (Part J); authorizes the New York state
division of housing and community renewal to conduct a grandparent housing
study and report its findings to the governor and the legislature; provides for
the repeal of such provisions upon expiration thereof (Part K).
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A08558 Actions:

BILL NO    A08558D

01/21/2014 referred to ways and means
02/12/2014 amend (t) and recommit to ways and means
02/12/2014 print number 8558a
02/21/2014 amend (t) and recommit to ways and means
02/21/2014 print number 8558b
03/11/2014 amend (t) and recommit to ways and means
03/11/2014 print number 8558c
03/28/2014 amend (t) and recommit to ways and means
03/28/2014 print number 8558d
03/31/2014 reported referred to rules
03/31/2014 reported 
03/31/2014 rules report cal.33
03/31/2014 ordered to third reading rules cal.33
03/31/2014 motion to amend lost
03/31/2014 motion to amend lost
03/31/2014 substituted by s6358d
           S06358  AMEND=D  BUDGET
           01/21/2014 REFERRED TO FINANCE
           02/12/2014 AMEND AND RECOMMIT TO FINANCE
           02/12/2014 PRINT NUMBER 6358A
           02/21/2014 AMEND (T) AND RECOMMIT TO FINANCE
           02/21/2014 PRINT NUMBER 6358B
           03/14/2014 AMEND (T) AND RECOMMIT TO FINANCE
           03/14/2014 PRINT NUMBER 6358C
           03/28/2014 AMEND (T) AND RECOMMIT TO FINANCE
           03/28/2014 PRINT NUMBER 6358D
           03/31/2014 ORDERED TO THIRD READING CAL.375
           03/31/2014 PASSED SENATE
           03/31/2014 DELIVERED TO ASSEMBLY
           03/31/2014 referred to ways and means
           03/31/2014 substituted for a8558d
           03/31/2014 ordered to third reading rules cal.33
           03/31/2014 passed assembly
           03/31/2014 returned to senate
           03/31/2014 DELIVERED TO GOVERNOR
           03/31/2014 SIGNED CHAP.58
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A08558 Votes:

There are no votes for this bill in this legislative session.
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A08558 Memo:

BILL NUMBER:A8558D

TITLE OF BILL:  An act to amend the education law, in relation to
expanding the description of certain services which are not prohibited
by statutes governing the practice of nursing (Part A); to amend part
A of chapter 111 of the laws of 2010 amending the mental hygiene law
relating to the receipt of federal and state benefits received by
individuals receiving care in facilities operated by an office of the
department of mental hygiene, in relation to the effectiveness thereof
(Part B); to amend chapter 111 of the laws of 2010 relating to the
recovery of exempt income by the office of mental health for community
residences and family-based treatment programs, in relation to the
effectiveness thereof (Part C); to amend the mental hygiene law, in
relation to the creation of the managed care for persons with
developmental disabilities advocacy program (Part D); to amend the
social services law, in relation to increasing the standards of
monthly need for aged, blind and disabled persons living in the
community (Part E); to amend the social services law, in relation to
public assistance restrictions (Part F); to amend the education law,
in relation to educational programs in juvenile justice programs
operated by the office of children and family services and to amend
chapter 57 of the laws of 2012 amending the education law relating to
authorizing the board of cooperative educational services to enter
into contracts with the commissioner of children and family services
to provide certain services, in relation to making technical
corrections thereto (Part G); to amend the social services law, in
relation to providing a rent cap for people living with HIV/AIDS in
social services districts with a population over five million (Part
H); relating to reducing state aid for administrative costs of certain
fair hearings in local social services districts and providing for the
repeal of such provisions upon expiration thereof (Part I); to amend
the social services law, in relation to clarifying the definitions of
vocational educational training and educational activities (Part J);
and to authorize the New York state division of housing and community
renewal to conduct a grandparent housing study and report its findings
to the governor and the legislature; and providing for the repeal of
such provisions upon expiration thereof (Part K)

Sponsor:

BUDGET

Summary:

This bill would enact into law major components of legislation that
are necessary to implement the State Fiscal Year (SFY) 2014-15 budget
as it pertains to Health and Mental Hygiene, and Education, Labor and
Family Assistance. Among its provisions are the following proposals:

A   Exempt certain OPWDD direct care staff from the Nurse Practice
Act.
B   Extend authorization for Representative Payees (OMH).
C   Recover Medicaid Exempt Income from certain Office of Mental
Health (OMH) providers.
D   Relates to managed care for persons with developmental
disabilities.


E  Authorize the pass-through of any Federal Supplemental Security
Income Cost of Living Adjustment which becomes effective on or after
January 1, 2015.
F   Prohibit electronic benefit transfers of public assistance
benefits at certain venues.
G   Authorize BOCES to enter into contracts with OCFS for providing
certain services.
H   Provide a rent cap for persons living with clinical/symptomatic
HIV illness or AIDS in social service districts with a population over
five million.
I   Limit local reimbursement for the costs of fair hearings if
certain criteria are not met.
J   Allow four year college programs to count towards an individual's
work participation requirement.
K   Authorize DHCR to conduct a grandparent housing study.

Justification:

This bill is necessary for the enactment of portions of the SFY
2014-15 the Health and Mental Hygiene, and Education, Labor and Family
Assistance and budgets, as contained in the State Operations, Capital
Projects and Aid to Localities appropriations bills.

Fiscal Impact:

The provisions contained in this legislation are related to
appropriations proposed for SFY 2014-15.

Effective Date:

Effective April 1, 2014, with exceptions.
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A08558 Text:

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

           S. 6358--D                                            A. 8558--D

                             S E N A T E - A S S E M B L Y

                                   January 21, 2014
                                      ___________

       IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
         cle seven of the Constitution -- read twice and ordered  printed,  and
         when  printed to be committed to the Committee on Finance -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee  --  committee  discharged,  bill  amended,  ordered
         reprinted  as  amended  and recommitted to said committee -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee

       IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
         article seven of the Constitution -- read once  and  referred  to  the
         Committee  on  Ways  and  Means -- committee discharged, bill amended,
         ordered reprinted as amended and  recommitted  to  said  committee  --
         again  reported from said committee with amendments, ordered reprinted
         as amended and recommitted to said committee --  again  reported  from
         said  committee  with  amendments,  ordered  reprinted  as amended and
         recommitted to said committee -- again reported  from  said  committee
         with  amendments, ordered reprinted as amended and recommitted to said
         committee

       AN ACT to  amend  the  education  law,  in  relation  to  expanding  the
         description  of  certain services which are not prohibited by statutes
         governing the practice of nursing (Part A); to amend part A of chapter
         111 of the laws of 2010 amending the mental hygiene  law  relating  to
         the  receipt  of  federal  and  state benefits received by individuals
         receiving care in facilities operated by an office of  the  department
         of  mental hygiene, in relation to the effectiveness thereof (Part B);
         to amend chapter 111 of the laws of 2010 relating to the  recovery  of
         exempt  income by the office of mental health for community residences
         and family-based treatment programs, in relation to the  effectiveness
         thereof  (Part C); to amend the mental hygiene law, in relation to the
         creation of the managed care for persons with developmental  disabili-
         ties  advocacy  program (Part D); to amend the social services law, in
         relation to increasing the standards of monthly need for  aged,  blind
         and  disabled  persons  living in the community (Part E); to amend the
         social services law, in relation  to  public  assistance  restrictions
         (Part  F);  to  amend  the  education  law, in relation to educational

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12671-06-4
       S. 6358--D                          2                         A. 8558--D

         programs in juvenile justice programs operated by the office of  chil-
         dren  and  family services and to amend chapter 57 of the laws of 2012
         amending the education law relating to authorizing the board of  coop-
         erative  educational services to enter into contracts with the commis-
         sioner of children and family services to provide certain services, in
         relation to making technical corrections thereto (Part  G);  to  amend
         the  social  services  law,  in  relation  to providing a rent cap for
         people living with HIV/AIDS in social services districts with a  popu-
         lation  over five million (Part H); relating to reducing state aid for
         administrative costs of certain fair hearings in local social services
         districts and providing for the repeal of such provisions upon expira-
         tion thereof (Part I); to amend the social services law,  in  relation
         to  clarifying  the definitions of vocational educational training and
         educational activities (Part J); and to authorize the New  York  state
         division  of  housing  and  community renewal to conduct a grandparent
         housing study and report its findings to the governor and the legisla-
         ture; and providing for the repeal of such provisions upon  expiration
         thereof (Part K)

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

    1    Section 1. This act enacts into law major  components  of  legislation
    2  which are necessary to implement the state fiscal plan for the 2014-2015
    3  state  fiscal  year.  Each  component  is wholly contained within a Part
    4  identified as Parts A through K. The effective date for each  particular
    5  provision contained within such Part is set forth in the last section of
    6  such Part. Any provision in any section contained within a Part, includ-
    7  ing the effective date of the Part, which makes a reference to a section
    8  "of  this  act", when used in connection with that particular component,
    9  shall be deemed to mean and refer to the corresponding  section  of  the
   10  Part  in  which  it  is  found. Section three of this act sets forth the
   11  general effective date of this act.

   12                                   PART A

   13    Section 1. Paragraph a of subdivision 1 of section 6908 of the  educa-
   14  tion  law,  as amended by chapter 160 of the laws of 2003, is amended to
   15  read as follows:
   16    a. As prohibiting (i) the domestic  care  of  the  sick,  disabled  or
   17  injured  by  any  family  member,  household member or friend, or person
   18  employed primarily in a domestic capacity who does not hold  himself  or
   19  herself out, or accept employment as a person licensed to practice nurs-
   20  ing under the provision of this article; provided that if such person is
   21  remunerated,  the person does not hold himself or herself out as one who
   22  accepts employment for performing such care; or  the  administration  of
   23  medications  or  treatment  by  child day care providers or employees or
   24  caregivers of child day care programs where such providers, employees or
   25  caregivers are acting under the direction and authority of a parent of a
   26  child, legal guardian, legal custodian, or an  adult  in  whose  care  a
   27  child  has  been  entrusted and who has been authorized by the parent to
   28  consent to any health care for the child  and  in  compliance  with  the
   29  regulations  of the office of children and family services pertaining to
   30  the administration of medications and treatment; or
       S. 6358--D                          3                         A. 8558--D

    1    (ii) any person from the domestic administration of  family  remedies;
    2  or
    3    (iii)  the  providing  of  care  by  a person acting in the place of a
    4  person exempt under clause (i) of this  paragraph,  but  who  does  hold
    5  himself or herself out as one who accepts employment for performing such
    6  care,  where  nursing  services  are under the instruction of a licensed
    7  nurse, or under the instruction of a  patient  or  family  or  household
    8  member  determined by a registered professional nurse to be self-direct-
    9  ing and capable of providing such instruction, and any  remuneration  is
   10  provided under section three hundred sixty-five-f of the social services
   11  law; or
   12    (iv) the furnishing of nursing assistance in case of an emergency; OR
   13    (V)  TASKS PROVIDED BY A DIRECT SUPPORT STAFF IN PROGRAMS CERTIFIED OR
   14  APPROVED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES,  WHEN
   15  PERFORMED  UNDER  THE SUPERVISION OF A REGISTERED PROFESSIONAL NURSE AND
   16  PURSUANT TO A MEMORANDUM OF UNDERSTANDING BETWEEN THE OFFICE FOR  PEOPLE
   17  WITH  DEVELOPMENTAL  DISABILITIES AND THE DEPARTMENT, IN ACCORDANCE WITH
   18  AND PURSUANT TO AN  AUTHORIZED  PRACTITIONER'S  ORDERED  CARE,  PROVIDED
   19  THAT:  (1)  A  REGISTERED  PROFESSIONAL  NURSE DETERMINES, IN HIS OR HER
   20  PROFESSIONAL JUDGMENT, WHICH TASKS ARE TO BE PERFORMED  BASED  UPON  THE
   21  COMPLEXITY  OF THE TASKS, THE SKILL AND EXPERIENCE OF THE DIRECT SUPPORT
   22  STAFF, AND THE HEALTH STATUS OF THE INDIVIDUAL BEING CARED FOR; (2) ONLY
   23  A DIRECT SUPPORT STAFF WHO HAS COMPLETED TRAINING  AS  REQUIRED  BY  THE
   24  COMMISSIONER  OF  THE  OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
   25  MAY PERFORM TASKS PURSUANT TO THIS SUBPARAGRAPH; (3) APPROPRIATE  PROTO-
   26  COLS  SHALL BE ESTABLISHED TO ENSURE SAFE ADMINISTRATION OF MEDICATIONS;
   27  (4) A DIRECT SUPPORT STAFF SHALL NOT ASSESS THE MEDICATION NEEDS  OF  AN
   28  INDIVIDUAL;  (5)  ADEQUATE  NURSING  SUPERVISION  IS PROVIDED, INCLUDING
   29  TRAINING AND PERIODIC INSPECTION OF PERFORMANCE OF THE TASKS. THE AMOUNT
   30  AND TYPE OF NURSING SUPERVISION SHALL BE DETERMINED  BY  THE  REGISTERED
   31  PROFESSIONAL  NURSE RESPONSIBLE FOR SUPERVISING SUCH TASK BASED UPON THE
   32  COMPLEXITY OF THE TASKS, THE SKILL AND EXPERIENCE OF THE DIRECT  SUPPORT
   33  STAFF,  AND  THE  HEALTH STATUS OF THE INDIVIDUAL BEING CARED FOR; (6) A
   34  DIRECT SUPPORT STAFF SHALL NOT BE AUTHORIZED TO  PERFORM  ANY  TASKS  OR
   35  ACTIVITIES  PURSUANT  TO THIS SUBPARAGRAPH THAT ARE OUTSIDE THE SCOPE OF
   36  PRACTICE OF A LICENSED PRACTICAL NURSE; (7) A DIRECT SUPPORT STAFF SHALL
   37  NOT REPRESENT HIMSELF OR HERSELF, OR  ACCEPT  EMPLOYMENT,  AS  A  PERSON
   38  LICENSED  TO  PRACTICE NURSING UNDER THE PROVISIONS OF THIS ARTICLE; (8)
   39  DIRECT SUPPORT STAFF PROVIDING MEDICATION ADMINISTRATION, TUBE  FEEDING,
   40  OR DIABETIC CARE SHALL BE SEPARATELY CERTIFIED, AND SHALL BE RECERTIFIED
   41  ON  AN  ANNUAL BASIS; (9) THE REGISTERED PROFESSIONAL NURSE SHALL ENSURE
   42  THAT THERE IS A CONSUMER SPECIFIC MEDICATION SHEET FOR  EACH  MEDICATION
   43  THAT  IS  ADMINISTERED;  AND  (10)  APPROPRIATE STAFFING RATIOS SHALL BE
   44  DETERMINED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES  AND
   45  THE  DEPARTMENT  TO  ENSURE  ADEQUATE  NURSING  SUPERVISION.   NO DIRECT
   46  SUPPORT STAFF SHALL PERFORM TASKS  UNDER  THIS  SUBPARAGRAPH  UNTIL  THE
   47  OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL DISABILITIES AND THE DEPARTMENT
   48  HAVE ENTERED INTO  A  MEMORANDUM  OF  UNDERSTANDING  TO  EFFECTUATE  THE
   49  PROVISIONS  OF  THIS  SUBPARAGRAPH.  THE OFFICE FOR PEOPLE WITH DEVELOP-
   50  MENTAL DISABILITIES SHALL COMPLETE A CRIMINAL BACKGROUND CHECK  PURSUANT
   51  TO  SECTION  16.33  OF  THE  MENTAL HYGIENE LAW AND AN AGENCY BACKGROUND
   52  CHECK PURSUANT TO SECTION 16.34 OF THE MENTAL HYGIENE LAW ON THE  DIRECT
   53  SUPPORT  STAFF  PRIOR  TO  THE  COMMENCEMENT OF ANY PROVISION OF SERVICE
   54  PROVIDED UNDER THIS SUBPARAGRAPH IF SUCH DIRECT SUPPORT STAFF IS  A  NEW
   55  HIRE. INDIVIDUALS PROVIDING SUPERVISION OR DIRECT SUPPORT TASKS PURSUANT
   56  TO  THIS  SUBPARAGRAPH  SHALL HAVE PROTECTION PURSUANT TO SECTIONS SEVEN
       S. 6358--D                          4                         A. 8558--D

    1  HUNDRED FORTY AND SEVEN HUNDRED FORTY-ONE OF THE LABOR LAW, WHERE APPLI-
    2  CABLE;
    3    S  2.  The  office  for people with developmental disabilities and the
    4  state education department shall enter into a memorandum of  understand-
    5  ing  within 180 days of the effective date of this act to effectuate the
    6  provisions of subparagraph (v) of paragraph  a  of  subdivision  one  of
    7  section 6908 of the education law.
    8    S 3. This act shall take effect immediately.

    9                                   PART B

   10    Section  1.  Section  3  of  part A of chapter 111 of the laws of 2010
   11  amending the mental hygiene law relating to the receipt of  federal  and
   12  state  benefits  received  by  individuals  receiving care in facilities
   13  operated by an office of the department of mental hygiene, is amended to
   14  read as follows:
   15    S 3. This act shall take effect immediately; and shall expire  and  be
   16  deemed repealed June 30, [2014] 2015.
   17    S 2. This act shall take effect immediately.

   18                                   PART C

   19    Section  1.  Section  1  of  part D of chapter 111 of the laws of 2010
   20  relating to the recovery of exempt income by the office of mental health
   21  for community residences and family-based treatment programs as  amended
   22  by  section 1 of part I of chapter 56 of the laws of 2013, is amended to
   23  read as follows:
   24    Section 1. The office of mental health is authorized to recover  fund-
   25  ing  from  community  residences  and  family-based  treatment providers
   26  licensed by the office of mental  health,  consistent  with  contractual
   27  obligations  of such providers, and notwithstanding any other inconsist-
   28  ent provision of law to the contrary, in an amount equal to  50  percent
   29  of  the income received by such providers which exceeds the fixed amount
   30  of annual Medicaid revenue limitations, as established  by  the  commis-
   31  sioner of mental health. Recovery of such excess income shall be for the
   32  following  fiscal  periods:  for programs in counties located outside of
   33  the city of New York, the applicable fiscal periods shall be January  1,
   34  2003  through December 31, 2009 and January 1, 2011 through December 31,
   35  [2014] 2015; and for programs located within the city of New  York,  the
   36  applicable  fiscal  periods  shall be July 1, 2003 through June 30, 2010
   37  and July 1, 2011 through June 30, [2014] 2015.
   38    S 2. This act shall take effect immediately.

   39                                   PART D

   40    Section 1. Section 13.40 of the  mental  hygiene  law  is  amended  by
   41  adding a new subdivision (h) to read as follows:
   42    (H)  CONSISTENT WITH AND SUBJECT TO THE TERMS OF FEDERAL APPROVAL, THE
   43  COMMISSIONER SHALL ESTABLISH THE MANAGED CARE FOR PERSONS WITH  DEVELOP-
   44  MENTAL  DISABILITIES  ADVOCACY  PROGRAM,  HEREINAFTER REFERRED TO AS THE
   45  ADVOCACY PROGRAM. THE ACTIVITIES OF THE ADVOCACY PROGRAM SHALL BE  COOR-
   46  DINATED  WITH  THE  INDEPENDENT  MEDICAID  MANAGED  CARE OMBUDS SERVICES
   47  PROVIDED TO PERSONS WITH  DISABILITIES  ENROLLING  IN  MEDICAID  MANAGED
   48  CARE. THE ADVOCACY PROGRAM SHALL ADVISE INDIVIDUALS OF APPLICABLE RIGHTS
   49  AND  RESPONSIBILITIES, PROVIDE INFORMATION AND ASSISTANCE TO ADDRESS THE
   50  NEEDS OF INDIVIDUALS WITH DISABILITIES, AND PURSUE LEGAL, ADMINISTRATIVE
       S. 6358--D                          5                         A. 8558--D

    1  AND OTHER APPROPRIATE REMEDIES OR APPROACHES TO ENSURE THE PROTECTION OF
    2  AND ADVOCACY FOR THE RIGHTS OF THE ENROLLEES. THE ADVOCACY PROGRAM SHALL
    3  PROVIDE SUPPORT TO ELIGIBLE INDIVIDUALS WITH DEVELOPMENTAL  DISABILITIES
    4  ENROLLING  IN DEVELOPMENTAL DISABILITY INDIVIDUAL SUPPORT AND CARE COOR-
    5  DINATION ORGANIZATIONS PURSUANT TO SECTION FORTY-FOUR HUNDRED THREE-G OF
    6  THE  PUBLIC  HEALTH  LAW,  HEALTH  MAINTENANCE  ORGANIZATIONS  PROVIDING
    7  SERVICES  PURSUANT  TO  SUBDIVISION  EIGHT OF SECTION FORTY-FOUR HUNDRED
    8  THREE OF THE PUBLIC HEALTH LAW, MANAGED LONG TERM CARE  PLANS  PROVIDING
    9  SERVICES  UNDER  SUBDIVISIONS  TWELVE,  THIRTEEN AND FOURTEEN OF SECTION
   10  FORTY-FOUR HUNDRED THREE-F OF THE PUBLIC HEALTH  LAW,  AND  FULLY  INTE-
   11  GRATED  DUAL  ADVANTAGE PLANS PROVIDING SERVICES UNDER SUBDIVISION TWEN-
   12  TY-SEVEN OF SECTION THREE HUNDRED SIXTY-FOUR-J OF  THE  SOCIAL  SERVICES
   13  LAW. THE COMMISSIONER SHALL SELECT AN INDEPENDENT ORGANIZATION OR ORGAN-
   14  IZATIONS TO PROVIDE ADVOCACY SERVICES UNDER THIS SUBDIVISION.
   15    S  2. Nothing in this act is intended to transfer to the developmental
   16  disabilities advocacy program created  by  subdivision  (h)  of  section
   17  13.40  of  the mental hygiene law any current duties, including Medicaid
   18  service coordination, of state employees who are employed by the  office
   19  for people with developmental disabilities.
   20    S  3.  This act shall take effect upon approval by the federal centers
   21  for medicare and medicaid services of a managed  care  advocacy  program
   22  for  individuals  with  developmental  disabilities;  provided  that the
   23  commissioner of developmental disabilities shall notify the  legislative
   24  bill  drafting  commission upon the occurrence of such approval in order
   25  that the commission may maintain an accurate and timely effective  data-
   26  base of the official text of the laws of the state of New York in furth-
   27  erance  of  effectuating the provisions of section 44 of the legislative
   28  law and section 70-b of the public officers law.

   29                                   PART E

   30    Section 1. Paragraphs (a), (b),  (c)  and  (d)  of  subdivision  1  of
   31  section  131-o  of  the  social services law, as amended by section 1 of
   32  part E of chapter 57 of the  laws  of  2013,  are  amended  to  read  as
   33  follows:
   34    (a)  in  the  case of each individual receiving family care, an amount
   35  equal to at least [$137.00] $139.00 for each month beginning on or after
   36  January first, two thousand [thirteen] FOURTEEN.
   37    (b) in the case of each  individual  receiving  residential  care,  an
   38  amount  equal  to at least [$158.00] $160.00 for each month beginning on
   39  or after January first, two thousand [thirteen] FOURTEEN.
   40    (c) in the case of  each  individual  receiving  enhanced  residential
   41  care,  an  amount  equal  to  at  least [$187.00] $190.00 for each month
   42  beginning on or after January first, two thousand [thirteen] FOURTEEN.
   43    (d) for the period commencing January first, two  thousand  [fourteen]
   44  FIFTEEN,  the  monthly personal needs allowance shall be an amount equal
   45  to the sum of the amounts set forth in subparagraphs one and two of this
   46  paragraph:
   47    (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this
   48  subdivision; and
   49    (2)  the  amount  in subparagraph one of this paragraph, multiplied by
   50  the percentage of any  federal  supplemental  security  income  cost  of
   51  living adjustment which becomes effective on or after January first, two
   52  thousand  [fourteen]  FIFTEEN, but prior to June thirtieth, two thousand
   53  [fourteen] FIFTEEN, rounded to the nearest whole dollar.
       S. 6358--D                          6                         A. 8558--D

    1    S 2. Paragraphs (a), (b), (c), (d), (e) and (f) of  subdivision  2  of
    2  section  209 of the social services law, as amended by section 2 of part
    3  E of chapter 57 of the laws of 2013, are amended to read as follows:
    4    (a)  On and after January first, two thousand [thirteen] FOURTEEN, for
    5  an eligible individual living  alone,  [$797.00]  $808.00;  and  for  an
    6  eligible couple living alone, [$1170.00] $1186.00.
    7    (b)  On and after January first, two thousand [thirteen] FOURTEEN, for
    8  an eligible individual  living  with  others  with  or  without  in-kind
    9  income, [$733.00] $744.00; and for an eligible couple living with others
   10  with or without in-kind income, [$1112.00] $1128.00.
   11    (c)  On and after January first, two thousand [thirteen] FOURTEEN, (i)
   12  for an eligible individual receiving family care, [$976.48]  $987.48  if
   13  he  or  she is receiving such care in the city of New York or the county
   14  of Nassau, Suffolk, Westchester or Rockland; and (ii)  for  an  eligible
   15  couple  receiving  family  care in the city of New York or the county of
   16  Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
   17  in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
   18  ual receiving such care in any other  county  in  the  state,  [$938.48]
   19  $949.48;  and  (iv)  for  an  eligible couple receiving such care in any
   20  other county in the state, two times the amount set  forth  in  subpara-
   21  graph (iii) of this paragraph.
   22    (d)  On and after January first, two thousand [thirteen] FOURTEEN, (i)
   23  for  an  eligible  individual  receiving  residential  care,  [$1145.00]
   24  $1156.00  if he or she is receiving such care in the city of New York or
   25  the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
   26  eligible  couple  receiving  residential care in the city of New York or
   27  the county of Nassau, Suffolk, Westchester or Rockland,  two  times  the
   28  amount  set forth in subparagraph (i) of this paragraph; or (iii) for an
   29  eligible individual receiving such care  in  any  other  county  in  the
   30  state,  [$1115.00]  $1126.00;  and (iv) for an eligible couple receiving
   31  such care in any other county in the state, two  times  the  amount  set
   32  forth in subparagraph (iii) of this paragraph.
   33    (e)  (i) On and after January first, two thousand [thirteen] FOURTEEN,
   34  for  an  eligible  individual  receiving  enhanced   residential   care,
   35  [$1404.00]  $1415.00; and (ii) for an eligible couple receiving enhanced
   36  residential care, two times the amount set forth in subparagraph (i)  of
   37  this paragraph.
   38    (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
   39  vision  shall  be  increased to reflect any increases in federal supple-
   40  mental security income benefits for individuals or couples which  become
   41  effective on or after January first, two thousand [fourteen] FIFTEEN but
   42  prior to June thirtieth, two thousand [fourteen] FIFTEEN.
   43    S 3. This act shall take effect December 31, 2014.

   44                                   PART F

   45    Section  1.    The  opening  paragraph  of  section 21-a of the social
   46  services law, as added by section 144-a of part B of chapter 436 of  the
   47  laws of 1997, is amended to read as follows:
   48    Any  electronic  benefit  transfer  system shall be implemented by the
   49  department on a statewide basis and shall be  administered  pursuant  to
   50  the provisions of this section.  FOR PURPOSES OF SUCH ELECTRONIC BENEFIT
   51  TRANSFER SYSTEM, THE TERM "ELECTRONIC BENEFIT TRANSFER" INCLUDES THE USE
   52  OF   A   CREDIT   OR  DEBIT  CARD  SERVICE,  AUTOMATED  TELLER  MACHINE,
   53  POINT-OF-SALE TERMINAL, OR ACCESS TO AN ONLINE SYSTEM FOR THE WITHDRAWAL
   54  OF FUNDS OR THE PROCESSING OF A PAYMENT FOR MERCHANDISE OR A SERVICE.
       S. 6358--D                          7                         A. 8558--D

    1    S 2. Section 151 of the social services law, as added by  chapter  570
    2  of the laws of 1951, is amended to read as follows:
    3    S  151.  [Penalty]  PENALTIES  for cashing public assistance checks OR
    4  ACCEPTING  ELECTRONIC   BENEFIT   TRANSFERS   FROM   PUBLIC   ASSISTANCE
    5  RECIPIENTS.    [No]  1.  UNAUTHORIZED  TRANSACTIONS. EXCEPT AS OTHERWISE
    6  PROVIDED IN SUBDIVISION TWO OF THIS SECTION, NO person, firm, ESTABLISH-
    7  MENT,  ENTITY,  or  corporation  (A)  licensed  under  the   [provision]
    8  PROVISIONS  of  the alcoholic beverage control law to sell liquor AND/OR
    9  WINE at retail FOR OFF-PREMISES CONSUMPTION; (B) LICENSED TO  SELL  BEER
   10  AT WHOLESALE AND ALSO AUTHORIZED TO SELL BEER AT RETAIL FOR OFF-PREMISES
   11  CONSUMPTION;  (C) LICENSED OR AUTHORIZED TO CONDUCT PARI-MUTUEL WAGERING
   12  ACTIVITY UNDER THE RACING, PARI-MUTUEL WAGERING AND  BREEDING  LAW;  (D)
   13  LICENSED TO PARTICIPATE IN CHARITABLE GAMING UNDER ARTICLE FOURTEEN-H OF
   14  THE  GENERAL MUNICIPAL LAW; (E) LICENSED TO PARTICIPATE IN THE OPERATION
   15  OF A VIDEO LOTTERY FACILITY  UNDER  SECTION  ONE  THOUSAND  SIX  HUNDRED
   16  SEVENTEEN-A  OF  THE  TAX LAW; (F) LICENSED TO OPERATE A GAMING FACILITY
   17  UNDER SECTION ONE THOUSAND THREE HUNDRED ELEVEN OF THE RACING,  PARI-MU-
   18  TUEL  WAGERING  AND BREEDING LAW; OR (G) PROVIDING ADULT-ORIENTED ENTER-
   19  TAINMENT IN WHICH PERFORMERS DISROBE OR PERFORM IN  AN  UNCLOTHED  STATE
   20  FOR  ENTERTAINMENT,  OR  MAKING  AVAILABLE THE VENUE IN WHICH PERFORMERS
   21  DISROBE OR PERFORM IN AN UNCLOTHED STATE FOR ENTERTAINMENT,  shall  cash
   22  or  accept[, for any purpose whatsoever,] any public assistance check OR
   23  ELECTRONIC BENEFIT TRANSFER DEVICE issued by a public  welfare  official
   24  or department, OR AGENT THEREOF, as and for public assistance.
   25    2.  AUTHORIZED  TRANSACTIONS. (A) A GROCERY STORE THAT SELLS GROCERIES
   26  INCLUDING STAPLE FOODS AND THAT ALSO OFFERS, OR IS  LOCATED  WITHIN  THE
   27  SAME BUILDING OR COMPLEX AS, A CASINO, GAMBLING CASINO, OR GAMING ESTAB-
   28  LISHMENT;  AND ANY AREA OF A PARI-MUTUEL RACE TRACK THAT DOES NOT ACCEPT
   29  WAGERS AND IS NOT OPEN TO THE PUBLIC OR TO UNAUTHORIZED PERSONNEL,  SUCH
   30  AS  NON-WAGERING AREAS OF THE BACKSTRETCH, MAY ACCEPT ANY PUBLIC ASSIST-
   31  ANCE CHECK OR ELECTRONIC BENEFIT TRANSFER ISSUED  BY  A  PUBLIC  WELFARE
   32  OFFICIAL  OR  DEPARTMENT,  OR  AGENT THEREOF. FOR PURPOSES OF THIS PARA-
   33  GRAPH, "GAMING ESTABLISHMENT" SHALL MEAN  ANY  VIDEO  LOTTERY  FACILITY,
   34  OFF-TRACK BETTING BRANCH OFFICE, SIMULCAST FACILITY, LICENSED COMMERCIAL
   35  CHARITABLE GAMING FACILITY, OR ANY PARI-MUTUEL RACE TRACK.
   36    (B) ANY ESTABLISHMENT THAT OFFERS GAMBLING INCIDENTAL TO THE PRINCIPAL
   37  PURPOSE  OF  THE BUSINESS AT SUCH LOCATION MAY ACCEPT ANY PUBLIC ASSIST-
   38  ANCE CHECK OR ELECTRONIC BENEFIT TRANSFER  DEVICE  ISSUED  BY  A  PUBLIC
   39  WELFARE OFFICIAL OR DEPARTMENT, OR AGENT THEREOF.
   40    3.  PENALTIES. (A) A violation of the provisions OF SUBDIVISION ONE of
   41  this section [for the first offense shall be punishable by a fine not to
   42  exceed fifty dollars.  A second offense] TAKING PLACE  AT  THE  LICENSED
   43  PREMISES BY A PERSON, CORPORATION OR ENTITY LICENSED UNDER THE ALCOHOLIC
   44  BEVERAGE  CONTROL LAW: (I) TO SELL LIQUOR AND/OR WINE AT RETAIL FOR OFF-
   45  PREMISES CONSUMPTION; (II) TO SELL BEER AT WHOLESALE AND ALSO AUTHORIZED
   46  TO SELL BEER AT RETAIL FOR OFF-PREMISES CONSUMPTION; OR  (III)  TO  SELL
   47  LIQUOR, WINE AND/OR BEER FOR ON-PREMISES CONSUMPTION AT AN ESTABLISHMENT
   48  WHERE  ENTERTAINERS  APPEAR  UNCLOTHED  AS PERMITTED BY THE RULES OF THE
   49  STATE LIQUOR AUTHORITY, shall constitute  [sufficient]  cause,  FOR  THE
   50  PURPOSES  OF  SECTION  ONE  HUNDRED  EIGHTEEN  OF THE ALCOHOLIC BEVERAGE
   51  CONTROL LAW, for the revocation,  cancellation  or  suspension  of  such
   52  license [issued pursuant to the alcoholic beverage control law].
   53    (B)  A  VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
   54  BY ANY PERSON, CORPORATION OR ENTITY LICENSED TO OPERATE A GAMING FACIL-
   55  ITY UNDER SECTION ONE THOUSAND  THREE  HUNDRED  ELEVEN  OF  THE  RACING,
   56  PARI-MUTUEL  WAGERING AND BREEDING LAW; LICENSED UNDER SECTION ONE THOU-
       S. 6358--D                          8                         A. 8558--D

    1  SAND SIX HUNDRED SEVENTEEN-A OF THE TAX LAW TO PARTICIPATE IN THE OPERA-
    2  TION OF A VIDEO LOTTERY FACILITY;  LICENSED  OR  AUTHORIZED  TO  CONDUCT
    3  PARI-MUTUEL WAGERING UNDER THE RACING, PARI-MUTUEL WAGERING AND BREEDING
    4  LAW; OR LICENSED TO PARTICIPATE IN CHARITABLE GAMING UNDER ARTICLE FOUR-
    5  TEEN-H  OF  THE GENERAL MUNICIPAL LAW, SHALL SUBJECT SUCH PERSON, CORPO-
    6  RATION OR ENTITY TO DISCIPLINARY ACTION PURSUANT TO SECTION ONE  HUNDRED
    7  FOUR  OF  THE  RACING, PARI-MUTUEL WAGERING AND BREEDING LAW AND SECTION
    8  ONE THOUSAND SIX HUNDRED SEVEN OF THE TAX LAW, WHICH MAY INCLUDE REVOCA-
    9  TION, CANCELLATION OR SUSPENSION OF SUCH LICENSE OR AUTHORIZATION.
   10    (C) A VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF  THIS  SECTION
   11  BY  ANY  PERSON,  FIRM,  ESTABLISHMENT,  ENTITY OR CORPORATION PROVIDING
   12  ADULT-ORIENTED ENTERTAINMENT IN WHICH PERFORMERS DISROBE OR  PERFORM  IN
   13  AN  UNCLOTHED  STATE FOR ENTERTAINMENT, OR MAKING AVAILABLE THE VENUE IN
   14  WHICH PERFORMERS DISROBE OR PERFORM IN AN  UNCLOTHED  STATE  FOR  ENTER-
   15  TAINMENT,  SHALL  BE  A  VIOLATION,  AS  DEFINED IN SUBDIVISION THREE OF
   16  SECTION 10.00 OF THE PENAL LAW, SUBJECT TO A FINE OF NOT MORE  THAN  ONE
   17  HUNDRED DOLLARS, A SECOND SUCH VIOLATION SHALL BE A VIOLATION SUBJECT TO
   18  A  FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS, AND A THIRD OR SUBSEQUENT
   19  SUCH VIOLATION SHALL BE CLASS B MISDEMEANOR SUBJECT TO  A  FINE  OF  NOT
   20  MORE THAN ONE THOUSAND DOLLARS.
   21    S  3.  This  act  shall take effect on the sixtieth day after it shall
   22  have become a law; provided, however,  the  New  York  state  office  of
   23  temporary  and disability assistance, the New York state liquor authori-
   24  ty, and the New York state gaming  commission  shall  be  authorized  to
   25  promulgate  regulations  on an emergency basis and immediately take such
   26  other actions as necessary to implement the provisions of this act.

   27                                   PART G

   28    Section 1. Subparagraph 8 of paragraph h of subdivision 4  of  section
   29  1950 of the education law, as added by section 1 of part K of chapter 57
   30  of the laws of 2012, is amended to read as follows:
   31    (8)  To  enter  into  contracts with the commissioner of the office of
   32  children and family services pursuant to subdivision  six-a  of  section
   33  thirty-two  hundred  two  of this chapter to provide to such office, for
   34  the benefit of youth in its  custody,  any  special  education  programs
   35  [and],  related  services  AND  CAREER  AND TECHNICAL EDUCATION SERVICES
   36  provided by the board of cooperative educational services  to  component
   37  school  districts.  Any  such  proposed contract shall be subject to the
   38  review and approval of the commissioner  to  determine  that  it  is  an
   39  approved  cooperative educational service. Services provided pursuant to
   40  such contracts shall be provided at cost, and the board  of  cooperative
   41  educational  services  shall  not  be  authorized  to  charge  any costs
   42  incurred in providing such services to its component school districts.
   43    S 2. Subdivision 6-a of section 3202 of the education law, as  amended
   44  by  section 2 of part K of chapter 57 of the laws of 2012, is amended to
   45  read as follows:
   46    6-a. Notwithstanding subdivision six of this section or any other  law
   47  to  the  contrary, the commissioner of the office of children and family
   48  services shall be responsible for the secular education of  youth  under
   49  the  jurisdiction of the office and may contract for such education with
   50  the trustees or board of education of  the  school  district  wherein  a
   51  facility  for  the residential care of such youth is located or with the
   52  board of cooperative educational  services  at  which  any  such  school
   53  district  is  a component district for special education programs [and],
   54  related services AND CAREER AND TECHNICAL EDUCATION SERVICES.   A  youth
       S. 6358--D                          9                         A. 8558--D

    1  attending  a  local  public  school  while in residence at such facility
    2  shall be deemed a resident of the school district where  his  parent  or
    3  guardian resides at the commencement of each school year for the purpose
    4  of  determining  which  school  district  shall  be  responsible for the
    5  youth's tuition pursuant to section five hundred four of  the  executive
    6  law.
    7    S  3.  Section 3 of part K of chapter 57 of the laws of 2012, amending
    8  the education law relating  to  authorizing  the  board  of  cooperative
    9  educational  services  to  enter into contracts with the commissioner of
   10  children and family services to provide certain services, is amended  to
   11  read as follows:
   12    S  3. The office of children and family services, in consultation with
   13  the STATE EDUCATION department [of education], shall prepare and  submit
   14  to  the  governor, the temporary president of the senate and the speaker
   15  of the assembly a report by December 1, 2015,  that  shall  analyze  the
   16  cost  effectiveness and programmatic impact of delivering special educa-
   17  tion programs [and], related services AND CAREER AND TECHNICAL EDUCATION
   18  SERVICES through boards of cooperative educational services in  juvenile
   19  justice facilities operated by the office.
   20    S  4. This act shall take effect immediately; provided that the amend-
   21  ments to subparagraph 8 of paragraph h of subdivision 4 of section  1950
   22  of  the  education  law made by section one of this act shall not affect
   23  the expiration and repeal of such subparagraph and shall expire  and  be
   24  deemed  repealed therewith pursuant to section 4 of part K of chapter 57
   25  of the laws of 2012, and provided further, that the amendments to subdi-
   26  vision 6-a of section 3202 of the education law made by section  two  of
   27  this act shall be subject to the expiration and reversion of such subdi-
   28  vision  pursuant  to  section  4  of part K of chapter 57 of the laws of
   29  2012; and the amendments made to section 3 of part K of  chapter  57  of
   30  the  laws  of  2012  by  section  three of this act shall not affect the
   31  repeal of such section as provided in section 4 of part K of chapter  57
   32  of the laws of 2012 and shall be deemed repealed therewith.

   33                                   PART H

   34    Section  1.  Section  131-a  of  the social services law is amended by
   35  adding a new subdivision 14 to read as follows:
   36    14. IN DETERMINING THE  NEED  FOR  AID  PROVIDED  PURSUANT  TO  PUBLIC
   37  ASSISTANCE  PROGRAMS,  EACH  PERSON LIVING WITH CLINICAL/SYMPTOMATIC HIV
   38  ILLNESS OR AIDS IN SOCIAL SERVICES DISTRICTS WITH A POPULATION OVER FIVE
   39  MILLION WHO IS RECEIVING SERVICES THROUGH SUCH DISTRICT'S ADMINISTRATIVE
   40  UNIT PROVIDING HIV/AIDS SERVICES, PUBLIC ASSISTANCE  AND  EARNED  AND/OR
   41  UNEARNED  INCOME,  SHALL NOT BE REQUIRED TO PAY MORE THAN THIRTY PERCENT
   42  OF HIS OR HER MONTHLY EARNED AND/OR UNEARNED INCOME TOWARD THE  COST  OF
   43  RENT  THAT  SUCH  PERSON  HAS A DIRECT OBLIGATION TO PAY; THIS PROVISION
   44  SHALL NOT APPLY TO ROOM AND BOARD ARRANGEMENTS.
   45    S 2. This act shall take effect immediately; provided  that  no  funds
   46  shall  be  expended  pursuant  to  this  act until a plan submitted by a
   47  district has been approved by the office  of  temporary  and  disability
   48  assistance and the director of the budget.

   49                                   PART I

   50    Section  1.  Notwithstanding any inconsistent provision of law, begin-
   51  ning April 1, 2014, for any local social services district with  greater
   52  than  forty percent of the statewide total of fair hearings issues heard
       S. 6358--D                         10                         A. 8558--D

    1  in a given state fiscal year quarter, the office of temporary and  disa-
    2  bility assistance shall calculate the number of issues reversed plus the
    3  number  of local district issues withdrawn after scheduling of the hear-
    4  ing  as  a  percentage  of  total issues heard for such district. If the
    5  calculated percentage is greater than fifty percent in the  given  state
    6  fiscal year quarter, state reimbursement otherwise payable to such local
    7  social  services  district  shall  be  reduced by seventy percent of the
    8  non-federal share of total administrative costs of fair  hearings  oper-
    9  ations  attributable  to  such district for the given quarter, as deter-
   10  mined by the office of temporary and disability assistance and  approved
   11  by  the  director  of the budget.  Such reduction in reimbursement shall
   12  credit the  office  of  temporary  and  disability  assistance  personal
   13  service  and  nonpersonal  service  expenditures  for the administrative
   14  hearings program.
   15    S 2. This act shall take effect April 1, 2014 and shall expire and  be
   16  deemed repealed March 31, 2016.

   17                                   PART J

   18    Section  1.    Paragraph  (a) of subdivision 2 of section 335-a of the
   19  social services law, as amended by section 148 of part B of chapter  436
   20  of the laws of 1997, is amended to read as follows:
   21    (a)  Based  on  the  assessment  required  by  subdivision one of this
   22  section, the social services official, in consultation with the  partic-
   23  ipant,  shall  develop  an employability plan in writing which shall set
   24  forth the services that will be provided by the social services official
   25  and the activities in which the participant will  take  part,  including
   26  supportive  services  and  shall  set  forth  an employment goal for the
   27  participant. [A local social services district may assign recipients  in
   28  households  without  dependent  children to any activity.] TO THE EXTENT
   29  POSSIBLE, THE EMPLOYABILITY PLAN SHALL REFLECT THE  PREFERENCES  OF  THE
   30  PARTICIPANT  IN  A  MANNER  THAT  IS  CONSISTENT WITH THE RESULTS OF THE
   31  PARTICIPANT'S ASSESSMENT AND THE NEED OF THE SOCIAL SERVICES DISTRICT TO
   32  MEET FEDERAL AND STATE WORK ACTIVITY PARTICIPATION REQUIREMENTS, AND, IF
   33  SUCH PREFERENCES CANNOT BE ACCOMMODATED, THE REASONS SHALL BE  SPECIFIED
   34  IN  THE  EMPLOYABILITY PLAN. The employability plan also shall take into
   35  account the participant's supportive services needs,  available  program
   36  resources, local employment opportunities, and where the social services
   37  official  is  considering  an  educational  activity assignment for such
   38  participant, the participant's liability for student loans,  grants  and
   39  scholarship  awards.    The employability plan shall be explained to the
   40  participant. Any change to the participant's employability plan required
   41  by the social services official shall be discussed with the  participant
   42  and shall be documented in writing.
   43    S  2.  Paragraph  (h)  of  subdivision  1 of section 336 of the social
   44  services law, as amended by chapter 214 of the laws of 1998, is  amended
   45  to read as follows:
   46    (h)  vocational  educational  training as time limited by federal law.
   47  For the purposes of this title, "vocational educational training"  shall
   48  include  but not be limited to organized educational programs offering a
   49  sequence of courses which are directly related  to  the  preparation  of
   50  individuals  for current or emerging occupations [requiring other than a
   51  baccalaureate or advanced degree] INCLUDING PROGRAMS THAT REQUIRE UP  TO
   52  FOUR  YEARS  OF  POST-SECONDARY  EDUCATION.  Such programs shall include
   53  competency-based applied learning which contributes to  an  individual's
   54  academic  knowledge, higher-order reasoning, and problem-solving skills,
       S. 6358--D                         11                         A. 8558--D

    1  work attitudes, general employability skills, and the  occupational-spe-
    2  cific  skills  necessary  for  economic  independence.  Such  term  also
    3  includes applied technology education;
    4    S  3.  Paragraph  (i)  of  subdivision  1 of section 336 of the social
    5  services law, as added by section 148 of part B of chapter  436  of  the
    6  laws of 1997, is amended to read as follows:
    7    (i)  job  skills  training directly related to employment.  JOB SKILLS
    8  TRAINING DIRECTLY RELATED TO EMPLOYMENT MAY INCLUDE BUT NOT  BE  LIMITED
    9  TO  PARTICIPATION IN UP TO FOUR YEARS OF POST-SECONDARY EDUCATION TO THE
   10  EXTENT CONSISTENT WITH FEDERAL AND STATE REQUIREMENTS;
   11    S 4. Subdivision 1 of section 336-a of the  social  services  law,  as
   12  amended  by section 148 of part B of chapter 436 of the laws of 1997, is
   13  amended to read as follows:
   14    1. Social services districts shall make  available  vocational  educa-
   15  tional training and educational activities.  Such activities may include
   16  but  need not be limited to, high school education or education designed
   17  to prepare a participant for  a  high  school  equivalency  certificate,
   18  basic  and  remedial  education, education in English proficiency and no
   19  more than a total of [two] FOUR years of  post-secondary  education  (or
   20  the  part-time  equivalent [if full-time study would constitute an undue
   21  hardship]) [in].  EDUCATIONAL ACTIVITIES PURSUANT TO THIS SECTION MAY BE
   22  OFFERED WITH any of the following providers which meet  the  performance
   23  or  assessment  standards established in regulations by the commissioner
   24  for such providers:  a community college, licensed trade school,  regis-
   25  tered  business  school,  or  a two-year OR FOUR-YEAR college; provided,
   26  however, that such post-secondary education must  be  necessary  to  the
   27  attainment  of the participant's individual employment goal as set forth
   28  in the employability plan and such goal must relate directly to  obtain-
   29  ing  useful  employment  in  a  recognized occupation.   WHEN MAKING ANY
   30  ASSIGNMENT TO ANY EDUCATIONAL ACTIVITY  PURSUANT  TO  THIS  SUBDIVISION,
   31  SUCH  ASSIGNMENT SHALL BE PERMITTED ONLY TO THE EXTENT THAT SUCH ASSIGN-
   32  MENT IS CONSISTENT WITH THE INDIVIDUAL'S ASSESSMENT AND EMPLOYMENT  PLAN
   33  GOALS  IN  ACCORDANCE  WITH SECTIONS THREE HUNDRED THIRTY-FIVE AND THREE
   34  HUNDRED THIRTY-FIVE-A OF THIS TITLE AND SHALL REQUIRE THAT THE  INDIVID-
   35  UAL MAINTAINS SATISFACTORY ACADEMIC PROGRESS AND HOURLY PARTICIPATION IS
   36  DOCUMENTED CONSISTENT WITH FEDERAL AND STATE REQUIREMENTS.  FOR PURPOSES
   37  OF  THIS  PROVISION "SATISFACTORY ACADEMIC PROGRESS" SHALL MEAN HAVING A
   38  CUMULATIVE C AVERAGE, OR ITS EQUIVALENT, AS DETERMINED BY  THE  ACADEMIC
   39  INSTITUTION.  THE REQUIREMENT TO MAINTAIN SATISFACTORY ACADEMIC PROGRESS
   40  MAY BE WAIVED IF DONE SO BY THE  ACADEMIC  INSTITUTION  AND  THE  SOCIAL
   41  SERVICES  DISTRICT  BASED ON UNDUE HARDSHIP CAUSED BY AN EVENT SUCH AS A
   42  PERSONAL INJURY OR ILLNESS OF THE STUDENT, THE DEATH OF  A  RELATIVE  OF
   43  THE  STUDENT OR OTHER EXTENUATING CIRCUMSTANCES. ANY ENROLLMENT IN POST-
   44  SECONDARY EDUCATION BEYOND A TWELVE MONTH PERIOD MUST BE  COMBINED  WITH
   45  NO  LESS  THAN  TWENTY  HOURS  OF  PARTICIPATION AVERAGED WEEKLY IN PAID
   46  EMPLOYMENT OR WORK ACTIVITIES OR COMMUNITY SERVICE WHEN PAID  EMPLOYMENT
   47  IS NOT AVAILABLE.
   48    S  5.  Paragraph  (c)  of subdivision 1 of section 131-n of the social
   49  services law, as amended by chapter 373 of the laws of 2003, is  amended
   50  to read as follows:
   51    (c)  an  amount  up to one thousand four hundred dollars in a separate
   52  bank account established by an individual while currently in receipt  of
   53  assistance  for the purpose of paying tuition at a two-year OR FOUR-YEAR
   54  accredited post-secondary educational institution, so long as the  funds
   55  are not used for any other purpose,
       S. 6358--D                         12                         A. 8558--D

    1    S  6.  This act shall take effect immediately; provided, however, that
    2  the amendments to paragraph (c) of subdivision 1 of section 131-n of the
    3  social services law made by section five of this act  shall  not  affect
    4  the expiration of such section and shall be deemed to expire therewith.

    5                                   PART K

    6    Section  1.  Legislative  findings.  The  legislature hereby finds and
    7  declares that:
    8    According to the 2010 United States Census, in New York state, 310,876
    9  children under the age of 18 live in homes headed by  grandparent  care-
   10  givers and 71,997 children under the age of 18 live in homes headed by a
   11  caregiver who is an elderly relative.
   12    Many  of  these  caregivers are forced to return to the workforce, cut
   13  into retirement savings, or  seek  additional  employment  in  order  to
   14  provide for these children.
   15    In addition to unexpected expenses and drastic situation changes, many
   16  caregivers find their housing security complicated or jeopardized by the
   17  need  to  care  for  young  children.  Often, housing that may have been
   18  appropriate for a single, low- or fixed-income grandparent or senior  is
   19  neither accepting of, nor suitable or appropriate, for young children.
   20    In  order  to  respond to the various housing needs of grandparent and
   21  elderly relative caregivers, the legislature must  evaluate  and  under-
   22  stand the circumstances, scope, and scale of the issue.
   23    S  2.  1.  Grandparent  housing  study. The New York state division of
   24  housing and community renewal, in consultation with the New  York  state
   25  office  of  children  and  family services, the New York state office of
   26  temporary and disability assistance, and the New York state  office  for
   27  the  aging,  shall execute a study on housing in relation to grandparent
   28  and elderly relative caregivers of children under the age of 18, includ-
   29  ing, but not limited to:
   30    a.  the categories of reasons why children reside with and  are  under
   31  the primary care of grandparent or elderly relative caregivers;
   32    b.    causes  of homelessness as such children approach adulthood, and
   33  other housing challenges, including  transitional  access  to,  physical
   34  accommodations of, discrimination in, and current availability of appro-
   35  priate   housing,  that  grandparent  and  elderly  relative  caregivers
   36  confront when caring for young children;
   37    c. the economic costs to and social support needs of  grandparent  and
   38  elderly  relative  caregivers,  particularly those who are low-income or
   39  live on fixed incomes;
   40    d. policy, taxation, and financing models that legislators  and  state
   41  agencies may consider in addressing the housing needs of grandparent and
   42  elderly relative caregivers;
   43    e.  availability  and awareness of programs aimed at providing support
   44  to low- and fixed-income grandparent and  elderly  relative  caregivers;
   45  and
   46    f.  statistical  and  geographic mapping of households across New York
   47  where children reside with and are under the primary care of grandparent
   48  or elderly relative caregivers.
   49    2. Grandparent housing study report. The New York  state  division  of
   50  housing  and community renewal shall submit to the governor, the speaker
   51  and minority leader of the assembly, and  the  temporary  president  and
   52  minority leader of the senate a report with findings and recommendations
   53  concerning  the  grandparent  housing  study within twelve months of the
   54  effective date of this act.
       S. 6358--D                         13                         A. 8558--D

    1    3. Assistance. To the maximum extent  possible,  the  New  York  state
    2  division  of  housing  and community renewal, the office of children and
    3  family services, the New York state office of temporary  and  disability
    4  assistance,  and  the  office for the aging shall be entitled to request
    5  and  receive,  and  shall  utilize and be provided with such facilities,
    6  resources, and data from any state court, department,  division,  board,
    7  bureau,  commission,  agency,  or  political  subdivision  that they may
    8  reasonably request to properly execute their  responsibilities  pursuant
    9  to this act.
   10    S  3.  This act shall take effect immediately, provided, however, that
   11  the provisions of this act shall expire and be  deemed  repealed  twelve
   12  months  and  one  day  after  this  act  shall have become a law or upon
   13  submission of the grandparent housing study report pursuant to  subdivi-
   14  sion  two  of section two of this act, whichever is later; provided that
   15  the New York state division of housing and community renewal shall noti-
   16  fy the legislative bill drafting commission of the date of submission of
   17  the grandparent housing study report.
   18    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
   19  sion, section or part of this act shall be  adjudged  by  any  court  of
   20  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   21  impair, or invalidate the remainder thereof, but shall  be  confined  in
   22  its  operation  to the clause, sentence, paragraph, subdivision, section
   23  or part thereof directly involved in the controversy in which such judg-
   24  ment shall have been rendered. It is hereby declared to be the intent of
   25  the legislature that this act would  have  been  enacted  even  if  such
   26  invalid provisions had not been included herein.
   27    S  3.  This  act shall take effect immediately provided, however, that
   28  the applicable effective date of Parts A through K of this act shall  be
   29  as specifically set forth in the last section of such Parts.
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