S05120 Summary:

Amd SS336 & 336-c, Soc Serv L
Prohibits work experience programs in New York.
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S05120 Actions:

02/14/2014PRINT NUMBER 5120A
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S05120 Memo:

Memo not available
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S05120 Text:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                    IN SENATE
                                      May 10, 2013
        Introduced by Sens. SAVINO, HASSELL-THOMPSON, MONTGOMERY, PARKER -- read
          twice  and  ordered  printed,  and when printed to be committed to the
          Committee on Health -- recommitted to the Committee on Social Services
          in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-

        AN ACT to amend the social services law, in relation to prohibiting work
          experience programs in New York
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 336 of the social services law, as
     2  amended by section 148 of part B of chapter 436 of  the  laws  of  1997,
     3  paragraph  (h) as amended by chapter 214 of the laws of 1998, is amended
     4  to read as follows:
     5    1. Social services districts may provide, and require  applicants  for
     6  and  recipients  of  public  assistance  to  participate in a variety of
     7  activities[, including but not] limited to activities the recipient  can
     8  choose from which will improve the recipient's employment opportunities,
     9  including the following:

    10    (a) unsubsidized employment;
    11    (b) subsidized private sector employment;
    12    (c) subsidized public sector employment;
    13    [(d)  work  experience  in  the  public  sector  or non-profit sector,
    14  (including work associated with refurbishing publicly assisted  housing)
    15  if sufficient private sector employment is not available;]
    16    (e) On-the-job training;
    17    (f)  job search and job readiness assistance, provided that job search
    18  is an active and continuing effort to secure  employment  configured  by
    19  the local social services official;
    20    (g)  community service programs provided, however, the number of hours
    21  a participant in community service  activities  authorized  pursuant  to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.


        S. 5120--A                          2
     1  this  section  shall  be  required  to work in such assignment shall not
     2  exceed a number which equals  the  amount  of  assistance  payable  with
     3  respect  to  such  individual  (inclusive  of  the  value of food stamps
     4  received  by  such  individual, if any) divided by the higher of (a) the
     5  federal minimum wage, or (b) the  state  minimum  wage.  No  participant
     6  shall  in any case be required to engage in assigned activities for more
     7  than forty hours in any week. No participant  shall  be  assigned  to  a
     8  community  service  activity  that  conflicts  with his or her bona fide
     9  religious beliefs; and  provided  further  that  participants  shall  be

    10  allowed to choose the location in which they perform community service;
    11    (h)  vocational  educational  training as time limited by federal law.
    12  For the purposes of this title, "vocational educational training"  shall
    13  include  but not be limited to organized educational programs offering a
    14  sequence of courses which are directly related  to  the  preparation  of
    15  individuals  for  current or emerging occupations requiring other than a
    16  baccalaureate or advanced degree. Such programs shall include  competen-
    17  cy-based  applied learning which contributes to an individual's academic
    18  knowledge, higher-order  reasoning,  and  problem-solving  skills,  work
    19  attitudes,  general  employability skills, and the occupational-specific
    20  skills necessary for economic  independence.  Such  term  also  includes
    21  applied technology education;

    22    (i) job skills training directly related to employment;
    23    (j) education directly related to employment, in the case of a recipi-
    24  ent  who  has not yet received a high school diploma or a certificate of
    25  high school equivalency;
    26    (k) satisfactory attendance at secondary school or a course  of  study
    27  leading to a certificate of general equivalency in the case of a recipi-
    28  ent who has not completed secondary school or received such certificate;
    29    (l)  provision  of child care services to an individual who is partic-
    30  ipating in community service;
    31    (m) job search and job readiness assistance once  the  individual  has
    32  exceeded the six week limit set in federal law;
    33    (n)  educational  activities pursuant to section three hundred thirty-
    34  six-a of this title.
    35    § 2. Section 336-c of the social services law, as amended  by  section

    36  148  of  part  B  of  chapter  436 of the laws of 1997, subdivision 4 as
    37  amended by chapter 534 of the laws  of  2000,  is  amended  to  read  as
    38  follows:
    39    §  336-c.  Work experience. [1. (a)] Work experience programs [meeting
    40  state and federal requirements may be  established  by  social  services
    41  districts.
    42    (b) Work experience programs may include the performance of work for a
    43  federal office or agency, county, city, village or town or for the state
    44  or in the operation of or in an activity of a nonprofit agency or insti-
    45  tution, in accordance with the regulations of the department.
    46    2.  A recipient may be assigned to participate in such work experience
    47  program only if:

    48    (a) appropriate federal and state  standards  of  health,  safety  and
    49  other work conditions are maintained;
    50    (b)  The  number  of hours a participant in work experience activities
    51  authorized pursuant to this section shall be required to  work  in  such
    52  assignment  shall not exceed a number which equals the amount of assist-
    53  ance payable with respect to such individual (inclusive of the value  of
    54  food  stamps  received by such individual, if any) divided by the higher
    55  of (a) the federal minimum wage provided that such hours shall be limit-

        S. 5120--A                          3

     1  ed as set forth in subdivision four of section three hundred  thirty-six
     2  of this title, or (b) the state minimum wage;

     3    (c)  such recipients are provided appropriate workers' compensation or
     4  equivalent protection for on-the-job injuries and tort claims protection
     5  on the same basis, but not necessarily at the  same  benefit  level,  as
     6  they  are  provided  to  other persons in the same or similar positions,
     7  while participating in work experience activities under this section;
     8    (d) the project to which the participant is assigned serves  a  useful
     9  public  purpose in fields such as health, social services, environmental
    10  protection, education, urban and rural  development  and  redevelopment,
    11  welfare,  recreation, operation of public facilities, public safety, and
    12  child day care;
    13    (e) such assignment would not result in (i) the  displacement  of  any

    14  currently  employed  worker  or  loss  of  position  (including  partial
    15  displacement such as reduction in the hours of non-overtime work,  wages
    16  or  employment  benefits)  or  result  in  the  impairment  of  existing
    17  contracts for services or collective  bargaining  agreements;  (ii)  the
    18  employment  or  assignment of a participant or the filling of a position
    19  when any other person is on layoff from the same or any equivalent posi-
    20  tion or the employer  has  terminated  the  employment  of  any  regular
    21  employee  or  otherwise reduced its workforce with the effect of filling
    22  the vacancy so created with a  participant  assigned  pursuant  to  this
    23  section;  (iii) any infringement of the promotional opportunities of any

    24  current employed person; or (iv) the performance, by  such  participant,
    25  of  a  substantial portion of the work ordinarily and actually performed
    26  by regular employees; or (v) the loss of a bargaining unit position as a
    27  result of work experience participants performing, in part or in  whole,
    28  the work normally performed by the employee in such position;
    29    (f)  such  assignment  is  not  at  any work site at which the regular
    30  employees are on a legal  strike  against  the  employer  or  are  being
    31  subjected to lock out by the employer.
    32    3.  The  public  employer  shall  publish  on a monthly basis a report
    33  summarizing the employer's work experience program for the  month.  Such
    34  monthly  report shall include, at a minimum, summary information regard-

    35  ing the agencies or departments where participants  are  assigned,  work
    36  locations,  job  duties  and assignments, hours worked and period worked
    37  and shall be provided to the certified collective  bargaining  represen-
    38  tative  and  may  not  be  disclosed  to any other party. Such certified
    39  collective bargaining representative  shall  take  reasonable  steps  to
    40  protect  the  confidentiality of such information and shall take reason-
    41  able steps to prevent disclosure  of  same  to  non-authorized  persons.
    42  Every  report  provided pursuant to this section shall contain a warning
    43  against re-disclosure and asserting the confidentiality of the  informa-
    44  tion therein provided.
    45    4.  In  assigning  a recipient who is a non-graduate student attending

    46  CUNY, SUNY or other approved non-profit  education,  training  or  voca-
    47  tional  rehabilitation  agency, the social services district must, after
    48  consultation with officials of CUNY, SUNY or other non-profit education,
    49  training or vocational rehabilitation agency, assign the  student  to  a
    50  work  site  on  campus,  where  the recipient is enrolled, and shall not
    51  unreasonably  assign  the  student  to  hours  that  conflict  with  the
    52  student's  academic  schedule, if an approved work experience assignment
    53  is available. Where such work experience assignment  is  not  available,
    54  the  social  services district shall, to the extent possible, assign the
    55  student to a work site within reasonable proximity to the  campus  where

    56  the  recipient is enrolled and shall not unreasonably assign the student

        S. 5120--A                          4

     1  to hours that conflict with the student's academic schedule.   Provided,
     2  however, in order to qualify for a work experience assignment on-campus,
     3  or  in  close  proximity  to  campus, a student must have a cumulative C
     4  average,  or its equivalent. The district may waive the requirement that
     5  the student have a cumulative C average  or  its  equivalent  for  undue
     6  hardship  based on: (i) the death of a relative of the student; (ii) the
     7  personal injury or illness of the student; or  (iii)  other  extenuating
     8  circumstances] are prohibited in the state of New York.

     9    §  3. This act shall take effect on the first of January next succeed-
    10  ing the date on which it shall have become a law.
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