S T A T E   O F   N E W   Y O R K
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                                 5119--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by  M.  of A. GOODELL, BRABENEC, TENNEY, BLANKENBUSH, NOJAY,
  BUTLER -- Multi-Sponsored by -- M. of  A.  FRIEND  --  read  once  and
  referred  to  the  Committee  on Social Services -- recommitted to the
  Committee on Social Services in accordance with Assembly Rule 3,  sec.
  2  -- committee discharged, bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the social  services  law,  in  relation  to  additional
  options  for  local  social  services districts to implement effective
  welfare-to-work programs; and to repeal section 341 of such law relat-
  ing thereto

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

  Section  1.  Legislative intent.  The legislature hereby finds that it
is in the public interest to  assist  public  assistance  recipients  to
obtain  job  training  or  work experience as a means of enhancing their
ability to obtain employment, thereby increasing their  financial  inde-
pendence and self-sufficiency and improving their standard of living. By
providing  local  social  services districts with additional flexibility
and more options for the administration of the welfare-to-work  program,
local  social  services  districts  will  be  able to intervene and seek
conciliation quickly in the event that  a  public  assistance  recipient
fails  to  attend  or participate in designated training or work experi-
ence, thereby maximizing the opportunity for the recipient  to  success-
fully  participate in these programs. In the event an able-bodied public
assistance recipient refuses to participate in  these  programs  without
good  cause,  local  social services districts would have the ability to
conduct a fair hearing using video conferencing equipment, thus minimiz-
ing the cost to taxpayers for recipients who are  unwilling  to  partic-
ipate without good cause.
  S  2.  Section  341  of  the social services law is REPEALED and a new
section 341 is added to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06193-05-6
              

A. 5119--A                          2

  S 341. CONCILIATION; REFUSAL TO PARTICIPATE.  1. NOTICE OF  NONCOMPLI-
ANCE.   CONSISTENT WITH FEDERAL LAW AND REGULATIONS AND THIS TITLE, IF A
PARTICIPANT HAS FAILED OR REFUSED TO COMPLY  WITH  THE  REQUIREMENTS  OF
THIS  TITLE,  THE SOCIAL SERVICES DISTRICT SHALL NOTIFY THE PARTICIPANT,
VERBALLY  OR  IN WRITING, IN PLAIN LANGUAGE THAT SUCH FAILURE OR REFUSAL
HAS TAKEN PLACE, THE SPECIFIC INSTANCE OR INSTANCES OF REFUSAL OR  FAIL-
URE  TO  COMPLY, AND THE NECESSARY ACTIONS THAT MUST BE TAKEN TO AVOID A
PRO-RATA REDUCTION IN PUBLIC ASSISTANCE BENEFITS. THE 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  TO
DEMONSTRATE  SUCH GOOD CAUSE FOR FAILURE TO COMPLY WITH THE REQUIREMENTS
OF THIS TITLE. IF THE  NOTIFICATION  WAS  VERBAL,  THE  SOCIAL  SERVICES
DISTRICT SHALL PROMPTLY SEND THE PARTICIPANT WRITTEN CONFIRMATION THERE-
OF.
  2.  RIGHT  TO CONCILIATION.   (A) AT THE OPTION OF THE SOCIAL SERVICES
DISTRICT THE SOCIAL SERVICES DISTRICT MAY ENGAGE IN CONCILIATION EFFORTS
WITH THE PARTICIPANT AT THE SAME TIME AS THE VERBAL NOTICE OF NONCOMPLI-
ANCE IN AN EFFORT TO RESOLVE THE REASONS FOR ANY FAILURE OR  REFUSAL  OF
THE  PARTICIPANT  TO  COMPLY  WITH THE REQUIREMENTS OF THIS TITLE AND TO
ENABLE THE PARTICIPANT TO AVOID A PRO-RATA REDUCTION IN  PUBLIC  ASSIST-
ANCE  BENEFITS  FOR  A PERIOD OF TIME SET FORTH IN SECTION THREE HUNDRED
FORTY-TWO OF THIS TITLE.  IT WILL BE THE RESPONSIBILITY OF  THE  PARTIC-
IPANT  TO  GIVE  REASONS  FOR SUCH FAILURE OR REFUSAL TO COMPLY WITH THE
REQUIREMENTS OF THIS TITLE.  IF THE SOCIAL SERVICES DISTRICT  DETERMINES
AS  A  RESULT  OF SUCH CONCILIATION PROCESS THAT SUCH FAILURE OR REFUSAL
WAS NOT WILLFUL AND WAS FOR GOOD  CAUSE,  NO  FURTHER  ACTION  SHALL  BE
TAKEN.
  (B)  IF THE CONCILIATION EFFORT WAS NOT UNDERTAKEN AT THE SAME TIME AS
THE VERBAL NOTICE OF NONCOMPLIANCE OR IN THE EVENT THE NOTICE OF NONCOM-
PLIANCE WAS IN WRITING, THEN THE SOCIAL SERVICES DISTRICT  MUST  PROVIDE
THE  PARTICIPANT WITH WRITTEN NOTICE THAT THE PARTICIPANT HAS SEVEN DAYS
TO REQUEST CONCILIATION WITH THE  DISTRICT  REGARDING  SUCH  FAILURE  OR
REFUSAL IN THE CASE OF A SAFETY NET PARTICIPANT AND TEN DAYS IN THE CASE
OF  A  FAMILY  ASSISTANCE  PARTICIPANT. IF SUCH PARTICIPANT CONTACTS THE
SOCIAL SERVICES DISTRICT WITHIN SEVEN DAYS IN THE CASE OF A  SAFETY  NET
PARTICIPANT  OR  WITHIN  TEN  DAYS  IN  THE  CASE OF A FAMILY ASSISTANCE
PARTICIPANT, IT WILL BE THE RESPONSIBILITY OF THE  PARTICIPANT  TO  GIVE
REASONS FOR SUCH FAILURE OR REFUSAL. UNLESS EXTENDED BY MUTUAL AGREEMENT
OF  THE PARTICIPANT AND THE SOCIAL SERVICES DISTRICT, CONCILIATION SHALL
TERMINATE AND A DETERMINATION SHALL BE MADE WITHIN FOURTEEN DAYS OF  THE
DATE  A  REQUEST  FOR  CONCILIATION  IS MADE IN THE CASE OF A SAFETY NET
PARTICIPANT OR WITHIN THIRTY DAYS OF THE CONCILIATION NOTICE IN THE CASE
OF A FAMILY ASSISTANCE PARTICIPANT.
  3. CONCILIATION PROCEDURE.  (A) THE OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE SHALL ESTABLISH IN REGULATIONS A CONCILIATION  PROCEDURE  FOR
THE  RESOLUTION  OF DISPUTES RELATED TO AN INDIVIDUAL'S PARTICIPATION IN
PROGRAMS PURSUANT TO THIS TITLE.
  (B) THE SOCIAL SERVICES DISTRICT SHALL CONTRACT  WITH  AN  INDEPENDENT
ENTITY,  APPROVED  BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE,
OR SHALL USE DESIGNATED TRAINED STAFF AT THE SUPERVISORY LEVEL WHO  HAVE
NO  DIRECT RESPONSIBILITY FOR THE PARTICIPANT'S CASE TO MEDIATE DISPUTES
IN THE CONCILIATION CONFERENCE.  IF NO SUCH SUPERVISORY STAFF  OR  INDE-
PENDENT  ENTITY IS AVAILABLE, THE SOCIAL SERVICES DISTRICT MAY DESIGNATE

A. 5119--A                          3

ANOTHER TRAINED INDIVIDUAL, WHO HAS 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,  A  FAIR HEARING OR AN OPPORTUNITY FOR A FAIR HEARING
SHALL BE PROVIDED, AS SET FORTH IN THIS SECTION. NO SANCTION RELATING TO
THE SUBJECT DISPUTE MAY BE IMPOSED DURING THE CONCILIATION PROCESS.
  4. RIGHT TO A FAIR HEARING.  IF THE SOCIAL  SERVICES  DISTRICT  DETER-
MINES  AS  THE  RESULT OF SUCH CONCILIATION PROCESS THAT SUCH FAILURE OR
REFUSAL WAS WILLFUL AND WITHOUT GOOD CAUSE, OR IN  THE  EVENT  THAT  THE
PARTICIPANT  DOES  NOT  CONTACT  THE SOCIAL SERVICES DISTRICT WITHIN THE
SPECIFIED NUMBER OF DAYS TO  REQUEST  CONCILIATION,  THEN  THE  DISTRICT
SHALL  PROVIDE  THE  PARTICIPANT WITH A TEN DAY WRITTEN NOTICE, IN PLAIN
LANGUAGE AND IN A MANNER DISTINCT  FROM  ANY  PREVIOUS  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, AND THE NECESSARY ACTIONS THAT MUST BE TAKEN
TO AVOID A PRO-RATA REDUCTION IN PUBLIC ASSISTANCE BENEFITS PURSUANT  TO
REGULATIONS  OF  THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE. SUCH
NOTICE SHALL ALSO INCLUDE A STATEMENT  OF  THE  PARTICIPANT'S  RIGHT  TO
REQUEST  A  FAIR  HEARING PRIOR TO THE EXPIRATION OF SUCH TEN DAY NOTICE
RELATING TO SUCH DISCONTINUANCE OR REDUCTION.  THE FAIR HEARING  MAY  BE
CONDUCTED  USING  VIDEO CONFERENCING EQUIPMENT THAT ALLOWS EACH PARTY TO
SEE AND HEAR OTHER PARTIES.
  5. SANCTIONS.  (A) WHEN ANY PUBLIC ASSISTANCE PARTICIPANT REQUIRED  TO
PARTICIPATE  IN  WORK  ACTIVITIES FAILS TO COMPLY WITH THE PROVISIONS OF
THIS TITLE, THE SOCIAL SERVICES DISTRICT  SHALL  TAKE  SUCH  ACTIONS  AS
PRESCRIBED BY APPROPRIATE FEDERAL LAW AND REGULATION AND THIS TITLE.
  (B)  WHEN  ANY  SAFETY NET PARTICIPANT REQUIRED TO PARTICIPATE IN WORK
ACTIVITIES FAILS TO COMPLY WITH THE PROVISIONS OF THIS TITLE, THE SOCIAL
SERVICES DISTRICT SHALL DENY ASSISTANCE TO SUCH PARTICIPANT  IN  ACCORD-
ANCE WITH SECTION THREE HUNDRED FORTY-TWO OF THIS TITLE.
  (C)  TO  THE  EXTENT  THAT  FEDERAL  LAW  REQUIRES,  A SOCIAL SERVICES
DISTRICT SHALL PROVIDE TO THOSE  PUBLIC  ASSISTANCE  PARTICIPANTS  WHOSE
FAILURE  TO  COMPLY  HAS  CONTINUED FOR THREE MONTHS OR LONGER A WRITTEN
REMINDER OF THE OPTION TO END A SANCTION AFTER  THE  EXPIRATION  OF  THE
APPLICABLE  MINIMUM SANCTION PERIOD BY TERMINATING THE FAILURE TO COMPLY
AS SPECIFIED IN SUBDIVISION THREE OF THIS  SECTION.  SUCH  NOTICE  SHALL
ADVISE  THAT  THE  PARTICIPANT  MAY  IMMEDIATELY  TERMINATE THE FIRST OR
SECOND SANCTION BY PARTICIPATING IN THE PROGRAM OR ACCEPTING  EMPLOYMENT
AND  THAT  ANY  SUBSEQUENT SANCTION AFTER SIX MONTHS HAVE ELAPSED MAY BE
TERMINATED BY PARTICIPATING IN THE PROGRAM OR ACCEPTING EMPLOYMENT.
  (D) A SOCIAL SERVICES DISTRICT  SHALL  PROVIDE  TO  THOSE  SAFETY  NET
PARTICIPANTS WHOSE FAILURE TO COMPLY HAS CONTINUED FOR THE LENGTH OF THE
SANCTION  PERIOD  OR  LONGER  A  WRITTEN REMINDER OF THE OPTION TO END A
SANCTION AFTER THE EXPIRATION OF THE APPLICABLE MINIMUM SANCTION  PERIOD
BY TERMINATING THE FAILURE TO COMPLY AS SPECIFIED IN SUBDIVISION FOUR OF
THIS SECTION.
  (E)  CONSISTENT  WITH  FEDERAL  LAW AND REGULATION, NO ACTION SHALL BE
TAKEN PURSUANT TO THIS SECTION FOR FAILURE TO PARTICIPATE IN THE PROGRAM
OR REFUSAL TO ACCEPT EMPLOYMENT IF:
  (I) 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

A. 5119--A                          4

IS NOT AVAILABLE AND THE SOCIAL SERVICES DISTRICT FAILS TO PROVIDE  SUCH
CARE;
  (II)  THE  EMPLOYMENT  WOULD  RESULT  IN THE FAMILY OF THE PARTICIPANT
EXPERIENCING A NET LOSS  OF  SUCH  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; 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
  (III) THE PARTICIPANT MEETS OTHER GROUNDS FOR GOOD CAUSE SET FORTH  BY
THE  OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE IN ITS IMPLEMENTATION
PLAN FOR THIS TITLE WHICH, AT A  MINIMUM,  MUST  DESCRIBE  WHAT  CIRCUM-
STANCES BEYOND THE HOUSEHOLD'S CONTROL WILL CONSTITUTE "GOOD CAUSE".
  6.  EXEMPTION.  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT APPLY TO
PERSONS WHO ARE RESIDENTS OF A CITY HAVING A POPULATION OF  ONE  MILLION
OR MORE PEOPLE.
  S  3.  The  opening  paragraph  of  paragraph  (a) of subdivision 2 of
section 341-a of the social services law, as added by chapter 562 of the
laws of 2015, is amended to read as follows:
  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]  NOTIFY  THE
PARTICIPANT,  VERBALLY  OR  IN WRITING, 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 OR
CONCILIATION  process.  IF  THE  NOTIFICATION  WAS  VERBAL,  THE  SOCIAL
SERVICES  DISTRICT SHALL PROMPTLY SEND THE PARTICIPANT WRITTEN CONFIRMA-
TION THEREOF. "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 individual'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.   AT THE  OPTION  OF  THE  SOCIAL  SERVICES  DISTRICT,  SUCH
DISTRICT  MAY ENGAGE IN CONCILIATION EFFORTS WITH THE PARTICIPANT AT THE
SAME TIME AS THE VERBAL NOTICE OF NONCOMPLIANCE IN AN EFFORT TO  RESOLVE
THE REASONS FOR ANY FAILURE OR REFUSAL OF THE PARTICIPANT TO COMPLY WITH
THE  PROVISIONS  OF  THIS TITLE AND TO ENABLE THE PARTICIPANT TO AVOID A
PRO-RATA REDUCTION IN PUBLIC ASSISTANCE BENEFITS FOR THE PERIOD OF  TIME
SET  FORTH  IN SECTION THREE HUNDRED FORTY-TWO OF THIS TITLE. The notice
shall indicate that the participant has ten days to  request  re-engage-
ment  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 reduction in public assistance benefits and
the district has verified that appropriate  child  care,  transportation
and  accommodations  for  disability  were  in place at the time of such
failure or refusal.

A. 5119--A                          5

  S 4. Paragraph (c) of subdivision 3 of section  341-a  of  the  social
services law, as added by chapter 562 of the laws of 2015, is amended to
read as follows:
  (c) If a participant's dispute cannot be resolved through such concil-
iation  procedure,  an opportunity for a fair hearing shall be provided,
AND SUCH FAIR HEARING MAY BE PROVIDED BY MEANS OF VIDEO CONFERENCING. No
sanction relating to the subject  dispute  may  be  imposed  during  the
re-engagement process.
  S 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law.