S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3611
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced by M. of A. HUNTER -- 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 Section 341 of the social services law is REPEALED.
   § 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:
   §  [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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07897-01-7

 A. 3611                             2
 
 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 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.

 A. 3611                             3
 
   [4.]  3.  When  any participant required to participate in work activ-
 ities 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.
   [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".
   § 3. Section 342 of the social services law is REPEALED.
   §  4.  Section  342-a of the social services law is renumbered section
 342.
   § 5. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.