S T A T E O F N E W Y O R K
________________________________________________________________________
2098--A
2009-2010 Regular Sessions
I N S E N A T E
February 11, 2009
___________
Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and
when printed to be committed 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 training and
education for sustainable wage jobs and traditional and nontraditional
employment in public assistance employment programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 330 of the social services law, as
amended by section 148 of part B of chapter 436 of the laws of 1997,
paragraphs a and b as amended by section 2 of part C of chapter 57 of
the laws of 2005, is amended to read as follows:
1. Whenever used in this title:
a. the term "commissioner" means the commissioner of the state office
of temporary and disability assistance; [and]
b. the term "department" means the state office of temporary and disa-
bility assistance;
C. THE TERM "NONTRADITIONAL EMPLOYMENT" MEANS OCCUPATIONS OR FIELDS
OF WORK, INCLUDING CAREERS IN THE SKILLED TRADES, OR COMPUTER SCIENCE,
TECHNOLOGY AND OTHER EMERGING HIGH SKILL OCCUPATIONS, FOR WHICH ANY ONE
GENDER COMPRISES LESS THAN TWENTY-FIVE PERCENT OF THE INDIVIDUALS
EMPLOYED IN EACH SUCH OCCUPATION OR FIELD OF WORK ACCORDING TO FEDERAL
DEPARTMENT OF LABOR STATISTICS; AND
D. THE TERM "SUSTAINABLE WAGE" MEANS A WAGE THAT IS AT LEAST ONE
HUNDRED EIGHTY-FIVE PERCENT OF THE POVERTY LINE AND THAT IS ADJUSTED FOR
REGIONAL FACTORS.
S 2. The second undesignated paragraph of section 333 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07080-03-9
S. 2098--A 2
Such plan shall be developed in cooperation and coordination with
public and private education institutions, child care providers, child
care resource and referral agencies if available in the district, labor
unions, libraries, public and private employers, employment and training
agencies and organizations, and private industry councils established in
service delivery areas defined in subdivision five of section nine
hundred seventy-one of the executive law. SUCH PLAN SHALL STRONGLY
CONSIDER, FOR INDIVIDUALS WHO HAVE OBTAINED A HIGH SCHOOL DIPLOMA OR A
GENERAL EQUIVALENCY DIPLOMA (GED), TRAINING FOR SUSTAINABLE WAGE JOBS
AND PROMOTE NONTRADITIONAL EMPLOYMENT OPPORTUNITIES FOR SUCH PARTIC-
IPANTS; PROVIDED THAT ANY INDIVIDUAL'S PREPARATION FOR EMPLOYMENT SHALL
BE CONSISTENT WITH FEDERAL AND STATE WORK PARTICIPATION REQUIREMENTS.
S 3. Paragraph (a) of subdivision 1 of section 334 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) education, employment and training opportunities available under
the local plan, including: (I) EDUCATION AND TRAINING FOR SUSTAINABLE
WAGE JOBS AND NONTRADITIONAL EMPLOYMENT OPPORTUNITIES; AND (II) educa-
tional and training opportunities available at no cost to the partic-
ipant as well as the responsibilities associated with the repayment of
student financial aid;
S 4. Paragraph (a) of subdivision 2 of section 335 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 offi-
cial, including but not limited to child care and other services and the
activities in which the participant will take part, including child care
and other services and shall set forth an employment goal for the
participant. To the extent possible, the employability plan shall
reflect the preferences of the participant in a manner that is consist-
ent with the results of the participant's assessment and the need of the
social services district to meet federal and state work activity partic-
ipation requirements, and, if such preferences cannot be accommodated,
the reasons shall be specified in the employability plan. The employa-
bility plan shall also take into account the participant's supportive
services needs, available program resources, local employment opportu-
nities, AND SHALL STRONGLY CONSIDER, FOR INDIVIDUALS WHO HAVE OBTAINED A
HIGH SCHOOL DIPLOMA OR A GENERAL EQUIVALENCY DIPLOMA (GED), THE POTEN-
TIAL FOR AVAILABLE EMPLOYMENT THAT PAYS A SUSTAINABLE WAGE; PROVIDED
THAT ANY INDIVIDUAL'S PREPARATION FOR EMPLOYMENT SHALL BE CONSISTENT
WITH FEDERAL AND STATE WORK PARTICIPATION REQUIREMENTS; and where the
social services official is considering an educational activity assign-
ment 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 employa-
bility plan required by the social services official shall be discussed
with the participant and shall be documented in writing.
S 5. 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
S. 2098--A 3
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. The employability
plan also shall take into account the participant's supportive services
needs, available program resources, local employment opportunities, AND
SHALL STRONGLY CONSIDER, FOR INDIVIDUALS WHO HAVE OBTAINED A HIGH SCHOOL
DIPLOMA OR A GENERAL EQUIVALENCY DIPLOMA (GED), THE POTENTIAL FOR AVAIL-
ABLE EMPLOYMENT THAT PAYS A SUSTAINABLE WAGE; PROVIDED THAT ANY INDIVID-
UAL'S PREPARATION FOR EMPLOYMENT SHALL BE CONSISTENT WITH FEDERAL AND
STATE WORK PARTICIPATION REQUIREMENTS; 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 6. This act shall take effect on the one hundred twentieth day after
it shall have become a law, and shall apply to employability plans made
or updated on and after such effective date.