Bill Text: NY S05605 | 2009-2010 | General Assembly | Amended
Bill Title: Relates to financial contributions by recipients of temporary housing assistance.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Introduced - Dead) 2010-06-16 - PRINT NUMBER 5605C [S05605 Detail]
Download: New_York-2009-S05605-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5605--C 2009-2010 Regular Sessions I N S E N A T E May 21, 2009 ___________ Introduced by Sens. SQUADRON, ADAMS, BRESLIN, DIAZ, DUANE, ESPADA, HASSELL-THOMPSON, HUNTLEY, KLEIN, KRUEGER, MONTGOMERY, OPPENHEIMER, PARKER, PERALTA, PERKINS, SAVINO, SCHNEIDERMAN, SERRANO, THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Social Services in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and 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 AN ACT to amend the social services law, in relation to establishing the savings plan demonstration project; and providing for the repeal of such provision upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The social services law is amended by adding a new section 2 36-c to read as follows: 3 S 36-C. SAVINGS PLAN DEMONSTRATION PROJECT. 1. NOTWITHSTANDING ANY 4 OTHER PROVISION OF LAW TO THE CONTRARY, IN ANY SOCIAL SERVICES DISTRICT 5 WITHIN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE SOCIAL 6 SERVICES DISTRICT SHALL CONDUCT A DEMONSTRATION PROJECT AS SET FORTH IN 7 THIS SECTION, AND SHALL EVALUATE AND REPORT ON SUCH PROJECT, PURSUANT TO 8 A PLAN APPROVED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND 9 THE DIVISION OF BUDGET PRIOR TO THE IMPLEMENTATION OF THE PROJECT. 10 2. SUCH SOCIAL SERVICES DISTRICT, IN LIEU OF APPLYING THAT PORTION OF 11 A TEMPORARY HOUSING ASSISTANCE RECIPIENT'S EARNED INCOME THAT, BUT FOR 12 THE OTHER PROVISIONS OF THIS CHAPTER, WOULD BE APPLIED TO REDUCE THE 13 NEED FOR THE SHELTER COMPONENT OF TEMPORARY HOUSING ASSISTANCE PROVIDED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11944-11-0 S. 5605--C 2 1 IN A TEMPORARY EMERGENCY SHELTER, SHALL DIRECT SUCH A RECIPIENT TO 2 PARTICIPATE IN A SAVINGS PLAN WITH SUCH FUNDS AND, AS LONG AS SUCH FUNDS 3 ARE NOT WITHDRAWN, THEY SHALL NOT BE APPLIED TO REDUCE THE NEED FOR THE 4 SHELTER COMPONENT OF THE TEMPORARY HOUSING ASSISTANCE GRANTED FOR THE 5 DURATION OF HIS OR HER RESIDENCE IN TEMPORARY EMERGENCY SHELTER; 6 PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SECTION SHALL ONLY APPLY 7 TO A PERSON RECEIVING TEMPORARY HOUSING ASSISTANCE IN A SHELTER OR OTHER 8 FACILITY FUNDED AND OVERSEEN BY THE NEW YORK CITY DEPARTMENT OF HOMELESS 9 SERVICES OR THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND 10 DEVELOPMENT. FAILURE BY A RECIPIENT OF TEMPORARY HOUSING ASSISTANCE TO 11 CONTRIBUTE TO SUCH A SAVINGS PLAN SHALL NOT IN ITSELF RESULT IN THE 12 DISCONTINUANCE OF TEMPORARY HOUSING ASSISTANCE, UNLESS THE RECIPIENT 13 SEPARATELY FAILS TO COMPLY WITH CONDITIONS OF ELIGIBILITY THAT COULD 14 RESULT IN THE DISCONTINUANCE OF TEMPORARY HOUSING ASSISTANCE. 15 3. IN SUCH SOCIAL SERVICES DISTRICT, ANY SUCH FUNDS COLLECTED FROM THE 16 EARNED INCOME OF A RECIPIENT OF TEMPORARY HOUSING ASSISTANCE WHILE HE OR 17 SHE IS RESIDING IN A TEMPORARY EMERGENCY SHELTER SHALL BE DEPOSITED IN A 18 SAVINGS PLAN APPROVED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSIST- 19 ANCE AND THE DIVISION OF BUDGET; SHALL BE PAYABLE TO THE RECIPIENT FOR 20 THE RECIPIENT'S USE TO FACILITATE HIS OR HER TRANSITION TO, OR STABILIZE 21 HIS OR HER RESIDENCE IN, PERMANENT HOUSING UPON HIS OR HER DISCHARGE 22 FROM SHELTER OR UPON VERIFICATION OF SUCH RECIPIENT'S DATE OF DISCHARGE 23 FROM SHELTER; AND SHALL BE CONSIDERED EXEMPT AS INCOME OR A RESOURCE 24 UNTIL THE TWELFTH MONTH FOLLOWING THE MONTH IN WHICH THE RECIPIENT CEAS- 25 ES RECEIVING TEMPORARY HOUSING ASSISTANCE IN TEMPORARY EMERGENCY SHEL- 26 TER. FUNDS COLLECTED IN SUCH SAVINGS PLANS SHALL BE POOLED, TRACKED 27 INDIVIDUALLY, AND MAINTAINED IN A SAVINGS OR MONEY-MARKET ACCOUNT AT 28 INTEREST RATES SET BY THE INSTITUTION WITH WHICH SUCH FUNDS ARE DEPOSIT- 29 ED. ANY SAVINGS AND INTEREST ACCRUED IN SUCH ACCOUNT OR ACCOUNTS SHALL 30 BE DISTRIBUTED TO A TEMPORARY HOUSING ASSISTANCE RECIPIENT UPON HIS OR 31 HER DISCHARGE FROM TEMPORARY EMERGENCY SHELTER OR UPON VERIFICATION OF 32 SUCH RECIPIENT'S DATE OF DISCHARGE FROM SHELTER, IN ACCORDANCE WITH THE 33 PROVISIONS OF THIS SECTION. 34 4. SUCH SOCIAL SERVICES DISTRICT SHALL BE DEEMED IN COMPLIANCE WITH 35 SECTION ONE HUNDRED THIRTY-ONE-A OF THIS CHAPTER FOR REIMBURSEMENT OF 36 EXPENDITURES MADE FOR TEMPORARY HOUSING ASSISTANCE, PROVIDED THE 37 DISTRICT IS CONDUCTING THE PROJECT FULLY IN ACCORDANCE WITH THE 38 PROVISIONS OF THIS SECTION. UNEARNED INCOME OF A RECIPIENT OF TEMPORARY 39 HOUSING ASSISTANCE IN SUCH SOCIAL SERVICES DISTRICT SHALL NOT BE APPLIED 40 TO THE SAVINGS PLAN, AND SHALL NOT BE REQUIRED TO BE APPLIED TO THAT 41 PORTION OF THE SHELTER COSTS NOT PAID FOR WITH PUBLIC ASSISTANCE. 42 TEMPORARY HOUSING ASSISTANCE RECIPIENTS SHALL NOT BE REQUIRED TO 43 CONTRIBUTE TO THE COST OF SUCH SHELTER, AS PROVIDED FOR IN THIS SECTION. 44 SUCH PROJECT SHALL NOT BE IMPLEMENTED SO AS TO COMPROMISE THE FEDERAL 45 BENEFITS OF A RECIPIENT OR ANY OF HIS OR HER HOUSEHOLD MEMBERS. 46 S 2. This act shall take effect on the one hundred eightieth day after 47 it shall have become a law provided, however, that: 48 a. if the office of temporary and disability assistance and the divi- 49 sion of budget approve a demonstration project provided for in this act 50 prior to the one hundred eightieth day, this act shall take effect on 51 the date of such approval except that the office of temporary and disa- 52 bility assistance shall be authorized immediately to promulgate any rule 53 or regulation necessary for the implementation of this act; 54 b. the office of temporary and disability assistance and the division 55 of budget shall notify the legislative bill drafting commission upon the 56 occurrence of the approval of the demonstration project provided for in S. 5605--C 3 1 this act in order that the commission may maintain an accurate and time- 2 ly effective data base of the official text of the laws of the state of 3 New York in furtherance of effectuating the provisions of section 44 of 4 the legislative law and section 70-b of the public officers law; and 5 c. this act shall expire and be deemed repealed on March 31, 2016.