senate Bill S5120A

2013-2014 Legislative Session

Prohibits work experience programs in New York

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 14, 2014 print number 5120a
amend and recommit to social services
Jan 08, 2014 referred to social services
May 31, 2013 committee discharged and committed to rules
committee discharged and committed to social services
May 10, 2013 referred to health

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S5120 - Bill Details

See Assembly Version of this Bill:
A7119A
Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Amd §§336 & 336-c, Soc Serv L

S5120 - Bill Texts

view summary

Prohibits work experience programs in New York.

view sponsor memo
BILL NUMBER:S5120

TITLE OF BILL: An act to amend the social services law, in relation
to prohibiting work experience programs in New York

PURPOSE OR GENERAL IDEA OF BILL:

To improve the work activity options provided to New Yorkers receiving
public assistance and provide greater flexibility regarding how work
requirements could be met in order to prepare them for unsubsidized
job placement.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 1 of section 336 of the social services
law section 148 of part B of chapter 436 of the laws of 1997,
paragraph (h) as amended by chapter 214 of the laws of 1998 by
limiting federal work requirement to activities which will improve the
recipient's employment opportunities.

Section two amends section 336-c of the social services law, 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 which prohibits work
experience programs in the State of New York,

JUSTIFICATION:

The Work Experience Program is currently forcing over 25,000 New
Yorkers to work without receiving a paycheck, social security credit,
or eligibility for earned income tax credit. This bill prohibits
counties from fulfilling their work requirements by using the work
experience program. The work experience program provides public
agencies and nonprofit organizations a pool of unpaid labor, resulting
in the displacement of full time workers. This bill would eradicate
that practice. The bill maintains the work activity requirement,
providing counties to choose from a number of options to provide
Public assistance recipients needed to fulfill their requirements.

PRIOR LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

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

                                  5120

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 10, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

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 chapter 214 of the laws of 1998, 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 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) On-the-job training;
  (f)  job search and job readiness assistance, provided that job search
is an active and continuing effort to secure  employment  configured  by
the local social services official;
  (g)  community service programs provided, however, the number of hours
a participant in community service  activities  authorized  pursuant  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)  the
federal  minimum  wage,  or  (b)  the state minimum wage. No participant

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09776-01-3

S. 5120                             2

shall in any case be required to engage in assigned activities 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) 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. Such programs shall include competen-
cy-based applied learning which contributes 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  independence.  Such term also includes
applied technology education;
  (i) job skills training directly related to employment;
  (j) education directly related to employment, in the case of a recipi-
ent who has not yet received a high school diploma or a  certificate  of
high school equivalency;
  (k)  satisfactory  attendance at secondary school or a course of study
leading to a certificate of general equivalency in the case of a recipi-
ent who has not completed secondary school or received such certificate;
  (l) provision of child care services to an individual who  is  partic-
ipating in community service;
  (m)  job  search  and job readiness assistance once the individual has
exceeded the six week limit set in federal law;
  (n) 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
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

S. 5120                             3

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
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

S. 5120                             4

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.

Co-Sponsors

view additional co-sponsors

S5120A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7119A
Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Amd §§336 & 336-c, Soc Serv L

S5120A (ACTIVE) - Bill Texts

view summary

Prohibits work experience programs in New York.

view sponsor memo
BILL NUMBER:S5120A

TITLE OF BILL: An act to amend the social services law, in relation
to prohibiting work experience programs in New York

PURPOSE OR GENERAL IDEA OF BILL: To improve the work activity options
provided to New Yorkers receiving public assistance and provide
greater flexibility regarding how work requirements could be met in
order to prepare them for unsubsidized job placement.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 1 of section 336 of the social services
law section 148 of part B of chapter 436 of the laws of 1997,
paragraph (h) as amended by chapter 214 of the laws of 1998 by
limiting federal work requirement to activities which will improve the
recipient's employment opportunities and allows participants to chose
locations where they perform community service.

Section two amends section 336-c of the social services law, 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 which would prohibit
work experience programs in the State of New York.

JUSTIFICATION: The Work Experience Program is currently forcing over
25,000 New Yorkers to work without receiving a paycheck, social
security credit, or eligibility for earned income tax credit. This
bill prohibits counties from fulfilling their work requirements by
using the work experience program. The work experience program
provides public agencies and nonprofit organizations a pool of unpaid
labor, resulting in the displacement of full time workers. This bill
would eradicate that practice. The bill maintains the work activity
requirement, providing counties to choose from a number of options to
provide public assistance recipients needed to fulfill their
requirements.

PRIOR LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the first of January
next succeeding the date on which it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5120--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              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-
  tee

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 chapter 214 of the laws of 1998, 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) On-the-job training;
  (f)  job search and job readiness assistance, provided that job search
is an active and continuing effort to secure  employment  configured  by
the local social services official;
  (g)  community service programs provided, however, the number of hours
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.
                                                           LBD09776-03-4

S. 5120--A                          2

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) the
federal minimum wage, or (b) the  state  minimum  wage.  No  participant
shall  in any case be required to engage in assigned activities 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)  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. Such programs shall include  competen-
cy-based  applied learning which contributes 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  independence.  Such  term  also  includes
applied technology education;
  (i) job skills training directly related to employment;
  (j) education directly related to employment, in the case of a recipi-
ent  who  has not yet received a high school diploma or a certificate of
high school equivalency;
  (k) satisfactory attendance at secondary school or a course  of  study
leading to a certificate of general equivalency in the case of a recipi-
ent who has not completed secondary school or received such certificate;
  (l)  provision  of child care services to an individual who is partic-
ipating in community service;
  (m) job search and job readiness assistance once  the  individual  has
exceeded the six week limit set in federal law;
  (n)  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
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-

S. 5120--A                          3

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
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

S. 5120--A                          4

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.

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