senate Bill S6358D

Signed by Governor

Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2014-2015 state fiscal year

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 21 / Jan / 2014
    • REFERRED TO FINANCE
  • 12 / Feb / 2014
    • AMEND AND RECOMMIT TO FINANCE
  • 12 / Feb / 2014
    • PRINT NUMBER 6358A
  • 21 / Feb / 2014
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 21 / Feb / 2014
    • PRINT NUMBER 6358B
  • 14 / Mar / 2014
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 14 / Mar / 2014
    • PRINT NUMBER 6358C
  • 28 / Mar / 2014
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 28 / Mar / 2014
    • PRINT NUMBER 6358D
  • 31 / Mar / 2014
    • ORDERED TO THIRD READING CAL.375
  • 31 / Mar / 2014
    • PASSED SENATE
  • 31 / Mar / 2014
    • DELIVERED TO ASSEMBLY
  • 31 / Mar / 2014
    • REFERRED TO WAYS AND MEANS
  • 31 / Mar / 2014
    • SUBSTITUTED FOR A8558D
  • 31 / Mar / 2014
    • ORDERED TO THIRD READING RULES CAL.33
  • 31 / Mar / 2014
    • PASSED ASSEMBLY
  • 31 / Mar / 2014
    • RETURNED TO SENATE
  • 31 / Mar / 2014
    • DELIVERED TO GOVERNOR
  • 31 / Mar / 2014
    • SIGNED CHAP.58

Summary

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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Bill Details

See Assembly Version of this Bill:
A8558D
Versions:
S6358
S6358A
S6358B
S6358C
S6358D
Legislative Cycle:
2013-2014
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally
view bill 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:

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

                                 PART A

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

S. 6358--D                          3                         A. 8558--D

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

S. 6358--D                          4                         A. 8558--D

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

                                 PART B

  Section  1.  Section  3  of  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, is amended to
read as follows:
  S 3. This act shall take effect immediately; and shall expire  and  be
deemed repealed June 30, [2014] 2015.
  S 2. This act shall take effect immediately.

                                 PART C

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

                                 PART D

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

S. 6358--D                          5                         A. 8558--D

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

                                 PART E

  Section 1. Paragraphs (a), (b),  (c)  and  (d)  of  subdivision  1  of
section  131-o  of  the  social services law, as amended by section 1 of
part E of chapter 57 of the  laws  of  2013,  are  amended  to  read  as
follows:
  (a)  in  the  case of each individual receiving family care, an amount
equal to at least [$137.00] $139.00 for each month beginning on or after
January first, two thousand [thirteen] FOURTEEN.
  (b) in the case of each  individual  receiving  residential  care,  an
amount  equal  to at least [$158.00] $160.00 for each month beginning on
or after January first, two thousand [thirteen] FOURTEEN.
  (c) in the case of  each  individual  receiving  enhanced  residential
care,  an  amount  equal  to  at  least [$187.00] $190.00 for each month
beginning on or after January first, two thousand [thirteen] FOURTEEN.
  (d) for the period commencing January first, two  thousand  [fourteen]
FIFTEEN,  the  monthly personal needs allowance shall be an amount equal
to the sum of the amounts set forth in subparagraphs one and two of this
paragraph:
  (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this
subdivision; and
  (2)  the  amount  in subparagraph one of this paragraph, multiplied by
the percentage of any  federal  supplemental  security  income  cost  of
living adjustment which becomes effective on or after January first, two
thousand  [fourteen]  FIFTEEN, but prior to June thirtieth, two thousand
[fourteen] FIFTEEN, rounded to the nearest whole dollar.

S. 6358--D                          6                         A. 8558--D

  S 2. Paragraphs (a), (b), (c), (d), (e) and (f) of  subdivision  2  of
section  209 of the social services law, as amended by section 2 of part
E of chapter 57 of the laws of 2013, are amended to read as follows:
  (a)  On and after January first, two thousand [thirteen] FOURTEEN, for
an eligible individual living  alone,  [$797.00]  $808.00;  and  for  an
eligible couple living alone, [$1170.00] $1186.00.
  (b)  On and after January first, two thousand [thirteen] FOURTEEN, for
an eligible individual  living  with  others  with  or  without  in-kind
income, [$733.00] $744.00; and for an eligible couple living with others
with or without in-kind income, [$1112.00] $1128.00.
  (c)  On and after January first, two thousand [thirteen] FOURTEEN, (i)
for an eligible individual receiving family care, [$976.48]  $987.48  if
he  or  she is receiving such care in the city of New York or the county
of Nassau, Suffolk, Westchester or Rockland; and (ii)  for  an  eligible
couple  receiving  family  care in the city of New York or the county of
Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
ual receiving such care in any other  county  in  the  state,  [$938.48]
$949.48;  and  (iv)  for  an  eligible couple receiving such care in any
other county in the state, two times the amount set  forth  in  subpara-
graph (iii) of this paragraph.
  (d)  On and after January first, two thousand [thirteen] FOURTEEN, (i)
for  an  eligible  individual  receiving  residential  care,  [$1145.00]
$1156.00  if he or she is receiving such care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
eligible  couple  receiving  residential care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland,  two  times  the
amount  set forth in subparagraph (i) of this paragraph; or (iii) for an
eligible individual receiving such care  in  any  other  county  in  the
state,  [$1115.00]  $1126.00;  and (iv) for an eligible couple receiving
such care in any other county in the state, two  times  the  amount  set
forth in subparagraph (iii) of this paragraph.
  (e)  (i) On and after January first, two thousand [thirteen] FOURTEEN,
for  an  eligible  individual  receiving  enhanced   residential   care,
[$1404.00]  $1415.00; and (ii) for an eligible couple receiving enhanced
residential care, two times the amount set forth in subparagraph (i)  of
this paragraph.
  (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision  shall  be  increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which  become
effective on or after January first, two thousand [fourteen] FIFTEEN but
prior to June thirtieth, two thousand [fourteen] FIFTEEN.
  S 3. This act shall take effect December 31, 2014.

                                 PART F

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

S. 6358--D                          7                         A. 8558--D

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

S. 6358--D                          8                         A. 8558--D

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

                                 PART G

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

S. 6358--D                          9                         A. 8558--D

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

                                 PART H

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

                                 PART I

  Section  1.  Notwithstanding any inconsistent provision of law, begin-
ning April 1, 2014, for any local social services district with  greater
than  forty percent of the statewide total of fair hearings issues heard

S. 6358--D                         10                         A. 8558--D

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

                                 PART J

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

S. 6358--D                         11                         A. 8558--D

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

S. 6358--D                         12                         A. 8558--D

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

                                 PART K

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

S. 6358--D                         13                         A. 8558--D

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

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