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

                                 5936--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 9, 2015
                               ___________

Introduced  by  M.  of  A.  WRIGHT,  AUBRY,  COOK, GOTTFRIED, SEPULVEDA,
  BROOK-KRASNY -- Multi-Sponsored by -- M. of A. ARROYO, KIM,  McDONALD,
  TITONE  --  read once and referred to the Committee on Social Services
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

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:

  Section 1. Subdivision 1 of section 336 of the social services law, as
amended by section 148 of part B of chapter 436 of  the  laws  of  1997,
paragraph  (h)  as  amended by section 2 and paragraph (i) as amended by
section 3 of part J of chapter 58 of the laws of  2014,  is  amended  to
read as follows:
  1.  Social  services districts may provide, and require applicants for
and recipients of public assistance  to  participate  in  a  variety  of
activities[,  including but not] limited to ACTIVITIES THE RECIPIENT CAN
CHOOSE FROM WHICH WILL IMPROVE THE RECIPIENT'S EMPLOYMENT OPPORTUNITIES,
INCLUDING the following:
  (a) unsubsidized employment;
  (b) subsidized private sector employment;
  (c) subsidized public sector employment;
  [(d) work experience  in  the  public  sector  or  non-profit  sector,
(including  work associated with refurbishing publicly assisted housing)
if sufficient private sector employment is not available;]
  [(e)] (D) On-the-job training;
  [(f)] (E) job search and job readiness assistance, provided  that  job
search  is  an active and continuing effort to secure employment config-
ured by the local social services official;
  [(g)] (F) community service programs provided, however, the number  of
hours  a participant in community service activities authorized pursuant

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06527-03-5
              

A. 5936--A                          2

to this section shall be required to work in such assignment  shall  not
exceed  a  number  which  equals  the  amount of assistance payable with
respect to such individual  (inclusive  of  the  value  of  food  stamps
received  by such individual, if any) divided by the higher of [(a)] (I)
the federal minimum wage, or [(b)]  (II)  the  state  minimum  wage.  No
participant  shall  in any case be required to engage in assigned activ-
ities for more than forty hours in any week.  No  participant  shall  be
assigned  to a community service activity that conflicts with his or her
bona fide religious beliefs;  AND  PROVIDED  FURTHER  THAT  PARTICIPANTS
SHALL  BE ALLOWED TO CHOOSE THE LOCATION IN WHICH THEY PERFORM COMMUNITY
SERVICE;
  [(h)] (G) 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 prepa-
ration of individuals for  current  or  emerging  occupations  including
programs that require up to four years of post-secondary education. Such
programs  shall include competency-based applied learning which contrib-
utes to an individual's academic knowledge, higher-order reasoning,  and
problem-solving  skills,  work  attitudes, general employability skills,
and the occupational-specific skills necessary  for  economic  independ-
ence. Such term also includes applied technology education;
  [(i)]  (H)  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;
  [(j)]  (I)  education directly related to employment, in the case of a
recipient who has not yet received a high school diploma  or  a  certif-
icate of high school equivalency;
  [(k)]  (J)  satisfactory attendance at secondary school or a course of
study leading to a certificate of general equivalency in the case  of  a
recipient  who  has  not  completed  secondary  school  or received such
certificate;
  [(l)] (K) provision of child care services to  an  individual  who  is
participating in community service;
  [(m)]  (L) job search and job readiness assistance once the individual
has exceeded the six week limit set in federal law;
  [(n)] (M) educational activities pursuant  to  section  three  hundred
thirty-six-a of this title.
  S  2.  Section 336-c of the social services law, as amended by section
148 of part B of chapter 436 of the  laws  of  1997,  subdivision  4  as
amended  by  chapter  534  of  the  laws  of 2000, is amended to read as
follows:
  S 336-c. Work experience. [1. (a)] Work experience  programs  [meeting
state  and  federal  requirements  may be established by social services
districts.
  (b) Work experience programs may include the performance of work for a
federal office or agency, county, city, village or town or for the state
or in the operation of or in an activity of a nonprofit agency or insti-
tution, in accordance with the regulations of the department.
  2. A recipient may be assigned to participate in such work  experience
program only if:
  (a)  appropriate  federal  and  state  standards of health, safety and
other work conditions are maintained;
  (b) The number of hours a participant in  work  experience  activities
authorized  pursuant  to  this section shall be required to work in such

A. 5936--A                          3

assignment shall not exceed a number which equals the amount of  assist-
ance  payable with respect to such individual (inclusive of the value of
food stamps received by such individual, if any) divided by  the  higher
of (a) the federal minimum wage provided that such hours shall be limit-
ed  as set forth in subdivision four of section three hundred thirty-six
of this title, or (b) the state minimum wage;
  (c) such recipients are provided appropriate workers' compensation  or
equivalent protection for on-the-job injuries and tort claims protection
on  the  same  basis,  but not necessarily at the same benefit level, as
they are provided to other persons in the  same  or  similar  positions,
while participating in work experience activities under this section;
  (d)  the  project to which the participant is assigned serves a useful
public purpose in fields such as health, social services,  environmental
protection,  education,  urban  and rural development and redevelopment,
welfare, recreation, operation of public facilities, public safety,  and
child day care;
  (e)  such  assignment  would not result in (i) the displacement of any
currently  employed  worker  or  loss  of  position  (including  partial
displacement  such as reduction in the hours of non-overtime work, wages
or  employment  benefits)  or  result  in  the  impairment  of  existing
contracts  for  services  or  collective bargaining agreements; (ii) the
employment or assignment of a participant or the filling of  a  position
when any other person is on layoff from the same or any equivalent posi-
tion  or  the  employer  has  terminated  the  employment of any regular
employee or otherwise reduced its workforce with the effect  of  filling
the  vacancy  so  created  with  a participant assigned pursuant to this
section; (iii) any infringement of the promotional opportunities of  any
current  employed  person; or (iv) the performance, by such participant,
of a substantial portion of the work ordinarily and  actually  performed
by regular employees; or (v) the loss of a bargaining unit position as a
result  of work experience participants performing, in part or in whole,
the work normally performed by the employee in such position;
  (f) such assignment is not at any  work  site  at  which  the  regular
employees  are  on  a  legal  strike  against  the employer or are being
subjected to lock out by the employer.
  3. The public employer shall publish  on  a  monthly  basis  a  report
summarizing  the  employer's work experience program for the month. Such
monthly report shall include, at a minimum, summary information  regard-
ing  the  agencies  or departments where participants are assigned, work
locations, job duties and assignments, hours worked  and  period  worked
and  shall  be provided to the certified collective bargaining represen-
tative and may not be disclosed  to  any  other  party.  Such  certified
collective  bargaining  representative  shall  take  reasonable steps to
protect the confidentiality of such information and shall  take  reason-
able  steps  to  prevent  disclosure  of same to non-authorized persons.
Every report provided pursuant to this section shall contain  a  warning
against  re-disclosure and asserting the confidentiality of the informa-
tion therein provided.
  4. In assigning a recipient who is a  non-graduate  student  attending
CUNY,  SUNY  or  other  approved non-profit education, training or voca-
tional rehabilitation agency, the social services district  must,  after
consultation with officials of CUNY, SUNY or other non-profit education,
training  or  vocational  rehabilitation agency, assign the student to a
work site on campus, where the recipient  is  enrolled,  and  shall  not
unreasonably  assign  the  student  to  hours  that  conflict  with  the
student's academic schedule, if an approved work  experience  assignment

A. 5936--A                          4

is  available.  Where  such work experience assignment is not available,
the social services district shall, to the extent possible,  assign  the
student  to  a work site within reasonable proximity to the campus where
the  recipient is enrolled and shall not unreasonably assign the student
to hours that conflict with the student's academic schedule.   Provided,
however, in order to qualify for a work experience assignment on-campus,
or  in  close  proximity  to  campus, a student must have a cumulative C
average, or its equivalent. The district may waive the requirement  that
the  student  have  a  cumulative  C average or its equivalent for undue
hardship based on: (i) the death of a relative of the student; (ii)  the
personal  injury  or  illness of the student; or (iii) other extenuating
circumstances] ARE PROHIBITED IN THE STATE OF NEW YORK.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.