STATE OF NEW YORK
________________________________________________________________________
S. 6358--D A. 8558--D
SENATE - ASSEMBLY
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 § 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 § 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 § 3. This act shall take effect immediately; and shall expire and be
16 deemed repealed June 30, [2014] 2015.
17 § 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 § 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 § 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 § 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 § 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 § 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, point-of-
53 sale terminal, or access to an online system for the withdrawal of funds
54 or the processing of a payment for merchandise or a service.
S. 6358--D 7 A. 8558--D
1 § 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 § 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, pari-
56 mutuel wagering and breeding law; licensed under section one thousand
S. 6358--D 8 A. 8558--D
1 six hundred seventeen-a of the tax law to participate in the operation
2 of a video lottery facility; licensed or authorized to conduct pari-mu-
3 tuel wagering under the racing, pari-mutuel wagering and breeding law;
4 or licensed to participate in charitable gaming under article fourteen-H
5 of the general municipal law, shall subject such person, corporation or
6 entity to disciplinary action pursuant to section one hundred four of
7 the racing, pari-mutuel wagering and breeding law and section one thou-
8 sand six hundred seven of the tax law, which may include revocation,
9 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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.
