Bill Text: NY A05936 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits work experience programs in New York.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced - Dead) 2016-06-02 - reported referred to ways and means [A05936 Detail]

Download: New_York-2015-A05936-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5936
                              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
       AN ACT to amend the social services law, in relation to prohibiting work
         experience programs in New York
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 336 of the social services law, as
    2  amended by section 148 of part B of chapter 436 of  the  laws  of  1997,
    3  paragraph  (h)  as  amended by section 2 and paragraph (i) as amended by
    4  section 3 of part J of chapter 58 of the laws of  2014,  is  amended  to
    5  read as follows:
    6    1.  Social  services districts may provide, and require applicants for
    7  and recipients of public assistance  to  participate  in  a  variety  of
    8  activities[,  including but not] limited to ACTIVITIES THE RECIPIENT CAN
    9  CHOOSE FROM WHICH WILL IMPROVE THE RECIPIENT'S EMPLOYMENT OPPORTUNITIES,
   10  INCLUDING the following:
   11    (a) unsubsidized employment;
   12    (b) subsidized private sector employment;
   13    (c) subsidized public sector employment;
   14    [(d) work experience  in  the  public  sector  or  non-profit  sector,
   15  (including  work associated with refurbishing publicly assisted housing)
   16  if sufficient private sector employment is not available;]
   17    (e) On-the-job training;
   18    (f) job search and job readiness assistance, provided that job  search
   19  is  an  active  and continuing effort to secure employment configured by
   20  the local social services official;
   21    (g) community service programs provided, however, the number of  hours
   22  a  participant  in  community  service activities authorized pursuant to
   23  this section shall be required to work  in  such  assignment  shall  not
   24  exceed  a  number  which  equals  the  amount of assistance payable with
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06527-01-5
       A. 5936                             2
    1  respect to such individual  (inclusive  of  the  value  of  food  stamps
    2  received  by  such  individual, if any) divided by the higher of (a) the
    3  federal minimum wage, or (b) the  state  minimum  wage.  No  participant
    4  shall  in any case be required to engage in assigned activities for more
    5  than forty hours in any week. No participant  shall  be  assigned  to  a
    6  community  service  activity  that  conflicts  with his or her bona fide
    7  religious beliefs; AND  PROVIDED  FURTHER  THAT  PARTICIPANTS  SHALL  BE
    8  ALLOWED TO CHOOSE THE LOCATION IN WHICH THEY PERFORM COMMUNITY SERVICE;
    9    (h)  vocational  educational  training as time limited by federal law.
   10  For the purposes of this title, "vocational educational training"  shall
   11  include  but not be limited to organized educational programs offering a
   12  sequence of courses which are directly related  to  the  preparation  of
   13  individuals  for current or emerging occupations including programs that
   14  require up to four years  of  post-secondary  education.  Such  programs
   15  shall  include competency-based applied learning which contributes to an
   16  individual's academic knowledge, higher-order  reasoning,  and  problem-
   17  solving  skills,  work  attitudes, general employability skills, and the
   18  occupational-specific skills necessary for economic  independence.  Such
   19  term also includes applied technology education;
   20    (i)  job  skills  training  directly related to employment. Job skills
   21  training directly related to employment may include but not  be  limited
   22  to  participation in up to four years of post-secondary education to the
   23  extent consistent with federal and state requirements;
   24    (j) education directly related to employment, in the case of a recipi-
   25  ent who has not yet received a high school diploma or a  certificate  of
   26  high school equivalency;
   27    (k)  satisfactory  attendance at secondary school or a course of study
   28  leading to a certificate of general equivalency in the case of a recipi-
   29  ent who has not completed secondary school or received such certificate;
   30    (l) provision of child care services to an individual who  is  partic-
   31  ipating in community service;
   32    (m)  job  search  and job readiness assistance once the individual has
   33  exceeded the six week limit set in federal law;
   34    (n) educational activities pursuant to section three  hundred  thirty-
   35  six-a of this title.
   36    S  2.  Section 336-c of the social services law, as amended by section
   37  148 of part B of chapter 436 of the  laws  of  1997,  subdivision  4  as
   38  amended  by  chapter  534  of  the  laws  of 2000, is amended to read as
   39  follows:
   40    S 336-c. Work experience. [1. (a)] Work experience  programs  [meeting
   41  state  and  federal  requirements  may be established by social services
   42  districts.
   43    (b) Work experience programs may include the performance of work for a
   44  federal office or agency, county, city, village or town or for the state
   45  or in the operation of or in an activity of a nonprofit agency or insti-
   46  tution, in accordance with the regulations of the department.
   47    2. A recipient may be assigned to participate in such work  experience
   48  program only if:
   49    (a)  appropriate  federal  and  state  standards of health, safety and
   50  other work conditions are maintained;
   51    (b) The number of hours a participant in  work  experience  activities
   52  authorized  pursuant  to  this section shall be required to work in such
   53  assignment shall not exceed a number which equals the amount of  assist-
   54  ance  payable with respect to such individual (inclusive of the value of
   55  food stamps received by such individual, if any) divided by  the  higher
   56  of (a) the federal minimum wage provided that such hours shall be limit-
       A. 5936                             3
    1  ed  as set forth in subdivision four of section three hundred thirty-six
    2  of this title, or (b) the state minimum wage;
    3    (c)  such recipients are provided appropriate workers' compensation or
    4  equivalent protection for on-the-job injuries and tort claims protection
    5  on the same basis, but not necessarily at the  same  benefit  level,  as
    6  they  are  provided  to  other persons in the same or similar positions,
    7  while participating in work experience activities under this section;
    8    (d) the project to which the participant is assigned serves  a  useful
    9  public  purpose in fields such as health, social services, environmental
   10  protection, education, urban and rural  development  and  redevelopment,
   11  welfare,  recreation, operation of public facilities, public safety, and
   12  child day care;
   13    (e) such assignment would not result in (i) the  displacement  of  any
   14  currently  employed  worker  or  loss  of  position  (including  partial
   15  displacement such as reduction in the hours of non-overtime work,  wages
   16  or  employment  benefits)  or  result  in  the  impairment  of  existing
   17  contracts for services or collective  bargaining  agreements;  (ii)  the
   18  employment  or  assignment of a participant or the filling of a position
   19  when any other person is on layoff from the same or any equivalent posi-
   20  tion or the employer  has  terminated  the  employment  of  any  regular
   21  employee  or  otherwise reduced its workforce with the effect of filling
   22  the vacancy so created with a  participant  assigned  pursuant  to  this
   23  section;  (iii) any infringement of the promotional opportunities of any
   24  current employed person; or (iv) the performance, by  such  participant,
   25  of  a  substantial portion of the work ordinarily and actually performed
   26  by regular employees; or (v) the loss of a bargaining unit position as a
   27  result of work experience participants performing, in part or in  whole,
   28  the work normally performed by the employee in such position;
   29    (f)  such  assignment  is  not  at  any work site at which the regular
   30  employees are on a legal  strike  against  the  employer  or  are  being
   31  subjected to lock out by the employer.
   32    3.  The  public  employer  shall  publish  on a monthly basis a report
   33  summarizing the employer's work experience program for the  month.  Such
   34  monthly  report shall include, at a minimum, summary information regard-
   35  ing the agencies or departments where participants  are  assigned,  work
   36  locations,  job  duties  and assignments, hours worked and period worked
   37  and shall be provided to the certified collective  bargaining  represen-
   38  tative  and  may  not  be  disclosed  to any other party. Such certified
   39  collective bargaining representative  shall  take  reasonable  steps  to
   40  protect  the  confidentiality of such information and shall take reason-
   41  able steps to prevent disclosure  of  same  to  non-authorized  persons.
   42  Every  report  provided pursuant to this section shall contain a warning
   43  against re-disclosure and asserting the confidentiality of the  informa-
   44  tion therein provided.
   45    4.  In  assigning  a recipient who is a non-graduate student attending
   46  CUNY, SUNY or other approved non-profit  education,  training  or  voca-
   47  tional  rehabilitation  agency, the social services district must, after
   48  consultation with officials of CUNY, SUNY or other non-profit education,
   49  training or vocational rehabilitation agency, assign the  student  to  a
   50  work  site  on  campus,  where  the recipient is enrolled, and shall not
   51  unreasonably  assign  the  student  to  hours  that  conflict  with  the
   52  student's  academic  schedule, if an approved work experience assignment
   53  is available. Where such work experience assignment  is  not  available,
   54  the  social  services district shall, to the extent possible, assign the
   55  student to a work site within reasonable proximity to the  campus  where
   56  the  recipient is enrolled and shall not unreasonably assign the student
       A. 5936                             4
    1  to hours that conflict with the student's academic schedule.   Provided,
    2  however, in order to qualify for a work experience assignment on-campus,
    3  or  in  close  proximity  to  campus, a student must have a cumulative C
    4  average,  or its equivalent. The district may waive the requirement that
    5  the student have a cumulative C average  or  its  equivalent  for  undue
    6  hardship  based on: (i) the death of a relative of the student; (ii) the
    7  personal injury or illness of the student; or  (iii)  other  extenuating
    8  circumstances] ARE PROHIBITED IN THE STATE OF NEW YORK.
    9    S  3. This act shall take effect on the first of January next succeed-
   10  ing the date on which it shall have become a law.