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

                                  10191

                          I N  A S S E M B L Y

                              May 16, 2016
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Social Services

AN ACT to amend the social services law, in relation to conciliation and
  non-compliance  with  public  assistance  employment;  and  to  repeal
  certain provisions of such law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 341 of the social services law is REPEALED.
  S 2. Section 341-a of the social services law, as added by chapter 562
of the laws of 2015, is amended to read as follows:
  S  [341-a] 341.   Re-engagement; conciliation; refusal to participate.
1. [The provisions of this section shall apply to persons who are  resi-
dents of a city having a population of one million or more people.
  2.] (a) Consistent with federal law and regulations and this title, if
a  participant  has failed or refused to comply with the requirements of
this title and the district has determined that he or she is not  exempt
from  such  requirements  and  has verified that appropriate child care,
transportation, and accommodations for disability were in place  at  the
time  of  such  failure  or  refusal, the social services district shall
issue a re-engagement notice in  plain  language  indicating  that  such
failure  or refusal has taken place and of the right of such participant
to avoid a pro-rata reduction in public assistance benefits through  the
re-engagement  process.  "Re-engagement  process" shall mean the process
through which a participant may avoid a  pro-rata  reduction  in  public
assistance  benefits by agreeing to comply with the requirements of this
title consistent with any medical condition which may limit the individ-
ual's ability to  participate  in  work  activities,  by  notifying  the
district  that he or she has become exempt from the requirements of this
title, or by resolving the reasons for such  failure  or  refusal  at  a
conciliation  conference. The notice shall indicate that the participant
has ten days to request re-engagement  with  the  district.  The  notice
shall  indicate the specific instance or instances of willful refusal or
failure to comply without good cause with the requirements of this title
and the necessary actions  that  must  be  taken  to  avoid  a  pro-rata

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

                                                           LBD14420-03-6

A. 10191                            2

reduction  in  public  assistance benefits and the district has verified
that appropriate child care, transportation and accommodations for disa-
bility were in place at the time of such failure or refusal.
  (1)  If  a participant chooses to avoid a pro-rata reduction in public
assistance benefits through a conciliation conference, it  will  be  the
responsibility  of  the  participant to give reasons for such failure or
refusal. The re-engagement notice shall also include an  explanation  in
plain  language  of  what would constitute good cause for non-compliance
and examples of  acceptable  forms  of  evidence  that  may  warrant  an
exemption from work activities, including evidence of domestic violence,
and  physical  or  mental health limitations that may be provided at the
conciliation conference to demonstrate such good cause  for  failure  to
comply with the requirements of this title. Unless as part of the re-en-
gagement  process  the  participant  does  not  agree to comply, has not
become exempt or the district determines as a result of the conciliation
conference that such failure or refusal was  willful  and  without  good
cause, no further action shall be taken.
  (2)  If  the participant does not contact the district within ten days
of the re-engagement notice, the district shall make a finding of wheth-
er the alleged failure or refusal to comply was willful and without good
cause and shall consider any evidence in the possession of the  district
indicating that the participant has good cause and if the participant is
otherwise participating in work activities, there shall be no finding of
willfulness  without good cause based on a single appointment or infrac-
tion.
  (b) If the district determines that such failure or refusal was  will-
ful  and  without good cause, and that the individual is not exempt from
the requirements of this title, the district shall notify  such  partic-
ipant  in  writing,  in plain language and in a manner distinct from any
previous notice, by issuing ten days notice of its intent to discontinue
or reduce assistance. Such notice shall include  the  reasons  for  such
determination,  the specific instance or instances of willful refusal or
failure to comply without good  cause  with  the  requirements  of  this
title,  shall  verify  that  appropriate  child care, transportation and
accommodations for disability were in place at the time of such  failure
or  refusal,  and  specify  the  necessary actions that must be taken to
avoid a pro-rata reduction  in  public  assistance  benefits,  including
agreeing  to  comply with the requirements of this title consistent with
any medical condition  which  may  limit  the  individual's  ability  to
participate  in work activities or notifying the district that he or she
has become exempt from the requirements of this title and the right to a
fair hearing relating to such discontinuance or reduction.
  [3.] 2. (a) The department shall establish  in  regulation  a  concil-
iation  procedure  for the resolution of disputes related to an individ-
ual's participation in programs pursuant to this title.
  (b) The district shall contract with an independent  entity,  approved
by the department, or shall use designated trained staff at the supervi-
sory  level who have no direct responsibility for the participant's case
to mediate disputes in the conciliation conference.
  (c) If a participant's dispute cannot be resolved through such concil-
iation procedure, an opportunity for a fair hearing shall  be  provided.
No  sanction  relating  to the subject dispute may be imposed during the
re-engagement process.
  [4.] 3. When any participant required to participate  in  work  activ-
ities  fails  to  comply  with  the provisions of this title, the social

A. 10191                            3

services district shall take such actions as prescribed  by  appropriate
federal law and regulation and this title.
  [5.]  4. Consistent with federal law and this title, a social services
district shall provide to those participants whose failure to comply has
continued for thirty days or longer a written reminder of the option  to
end  a  sanction  by  terminating  the failure to comply as specified in
subdivision [two] ONE of this section. Such notice shall advise that the
participant may immediately terminate the sanction by either agreeing to
comply with the requirements of this title consistent with  any  medical
condition  which  may  limit  the individual's ability to participate in
work activities or notifying the district that  he  or  she  has  become
exempt from the requirements of this title.
  [6.]  5. Consistent with federal law and regulation and this title, no
notice shall be issued as specified in subdivision  [two]  ONE  of  this
section  unless it has been determined that the individual is not exempt
from the requirements of this title and has determined that  appropriate
child  care,  transportation  and  accommodations for disability were in
place at the time of such failure or refusal to comply with the require-
ments of this title and no  action  shall  be  taken  pursuant  to  this
section  for  failure to participate in the program or refusal to accept
employment if:
  (a) child care for a child under age thirteen (or  day  care  for  any
incapacitated  individual  living in the same home as a dependent child)
is necessary for an individual to participate or continue  participation
in  activities pursuant to this title or accept employment and such care
is not available and the social services district fails to provide  such
care;
  (b)  (1)  the employment would result in the family of the participant
experiencing a net loss of cash income; provided, however, a participant
may not claim good cause under this paragraph  if  the  social  services
district  assures that the family will not experience a net loss of cash
income by making a supplemental payment;
  (2) net loss of cash income results if the family's gross income  less
necessary  work-related  expenses  is  less than the cash assistance the
participant was receiving at the time the offer of employment  is  made;
or
  (c)  the  participant  meets other grounds for good cause set forth by
the department in its implementation plan for this  title  which,  at  a
minimum, must describe what circumstances beyond the household's control
will constitute "good cause".
  S 3. Section 342 of the social services law is REPEALED.
  S  4.  Section  342-a of the social services law is renumbered section
342.
  S 5. This act shall take effect on the first of April next  succeeding
the date on which it shall have become a law.