S T A T E O F N E W Y O R K
________________________________________________________________________
1983--A
2015-2016 Regular Sessions
I N S E N A T E
January 21, 2015
___________
Introduced by Sen. YOUNG -- read twice and ordered printed, and when
printed to be committed to the Committee on Social Services -- recom-
mitted 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
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 Section 341 of the social services law is REPEALED and a new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.
LBD06193-04-6
S. 1983--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
S. 1983--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
S. 1983--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.
S. 1983--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.
