S T A T E   O F   N E W   Y O R K
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                                  4417--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2025
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Social Services -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 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 Section 341 of the social services law is REPEALED.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] SUCH PARTIC-
 IPANT is not exempt from such requirements [and has verified that appro-
 priate 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.
   2. "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] SUCH INDIVIDUAL has become exempt from  the  requirements  of  this
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08694-04-5
              

 S. 4417--A                          2
 
 title,  or  by  resolving  the  reasons for such failure or refusal at a
 conciliation conference.
   3.  The  RE-ENGAGEMENT  notice shall indicate that the participant has
 ten days to request re-engagement with the district.  (A) The RE-ENGAGE-
 MENT 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 veri-
 fied  that appropriate child care, transportation and accommodations for
 disability were in place at the time of such failure or refusal].
   [(1)] (B) 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 TO COMPLY.  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 domes-
 tic 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.
   4. Unless as part of the re-engagement 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)]  5.  If the participant does not contact the district within ten
 days of the re-engagement notice, the district shall make a  finding  of
 whether 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 infraction].
   [(b)]  6.  If the district determines that such failure or refusal was
 willful and without good cause, and that the individual  is  not  exempt
 from  the  requirements  of  this  title, the district shall notify such
 participant 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] COMPLYING with the requirements of this
 title FOR FIVE BUSINESS DAYS AS ASSIGNED  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] SUCH INDIVID-
 UAL has become exempt from the requirements of this title and the  right
 to a fair hearing relating to such discontinuance or reduction.
   [3.]  7.  (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-
 S. 4417--A                          3
 
 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.]  8.  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.] 9. 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] SIX 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 FOR FIVE BUSINESS DAYS AS
 ASSIGNED consistent with any medical condition which may limit the indi-
 vidual's ability to participate in  work  activities  or  notifying  the
 district  that  [he  or  she] SUCH INDIVIDUAL has become exempt from the
 requirements of this title.
   [6.] 10. Consistent with federal law and regulation [and this  title],
 no  RE-ENGAGEMENT  notice  shall  be issued as specified in [subdivision
 two] SUBDIVISIONS ONE AND THREE 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,  transporta-
 tion and accommodations for disability were in place at the time of such
 failure or refusal to comply with the requirements of this title] and no
 action  shall  be  taken pursuant to this section for failure to partic-
 ipate 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, as added by chapter 562
 of the laws of 2015, is amended to read as follows:
   §  [342-a] 342.  Noncompliance with the requirements of this title. 1.
 [The provisions of this section shall apply to persons who are residents
 of a city having a population of one million or more people.
 S. 4417--A                          4

   2.] In accordance with the provisions of this  section  an  individual
 who is required to participate in work activities shall be ineligible to
 receive  public  assistance  if  [he  or  she]  SUCH INDIVIDUAL fails to
 comply, without good cause, with the requirements of this title and  the
 district  has  determined that [he or she] SUCH INDIVIDUAL 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.  Such ineligibility shall  be  for  the
 amount  and  period specified in this section. Good cause for failing to
 comply with the requirements of this title shall be defined  in  depart-
 ment  regulations, provided, however, that the parent or caretaker rela-
 tive of a child under thirteen years of age shall not be subject to  the
 ineligibility  provisions  of  this section if the individual can demon-
 strate, in accordance with the regulations of the office of children and
 family services, that lack of available child care prevents  such  indi-
 vidual  from  complying  with  the  work requirements of this title. The
 parent or caretaker relative shall be responsible for locating the child
 care needed to meet the work requirements; provided, however,  that  the
 relevant  social  services  district shall provide a parent or caretaker
 relative who demonstrates an inability to obtain needed child care  with
 a  choice  of  two  providers, at least one of which will be a regulated
 provider.
   [3.] 2. In the case of an applicant for or recipient of public assist-
 ance whom the district has determined is not exempt  from  the  require-
 ments  of  this  title  [and who is a parent or caretaker of a dependent
 child], the public assistance benefits otherwise available to the house-
 hold of which such individual is a  member  shall  be  reduced  pro-rata
 until  the  individual [is willing to comply] COMPLIES with the require-
 ments of this title FOR FIVE BUSINESS DAYS AS ASSIGNED  consistent  with
 any  medical  condition  which  may  limit  the  individual's ability to
 participate in work activities.
   [4.  In the case of an individual who is a member of a household with-
 out dependent children whom the district has determined  is  not  exempt
 from  the  requirements  of  this  title  and  who is applying for or in
 receipt of safety net assistance, the public assistance benefits  other-
 wise  available  to  the  household of which such individual is a member
 shall be reduced pro-rata until the failure or refusal  to  comply  with
 the  requirements  of  this  title consistent with any medical condition
 which may limit the individual's ability to participate in  work  activ-
 ities ceases.
   5.]  3.  A recipient of public assistance whom the district has deter-
 mined is not exempt from the requirements of this title and who quits or
 reduces [his] SUCH PARTICIPANT'S hours of employment without good  cause
 or due to any medical condition which may limit the individual's ability
 to  participate in work activities shall be considered to have failed to
 comply with the requirements of this article and shall be subject to the
 provisions of this section.
   [6.] 4. A person described in paragraph (b) of  subdivision  seven  of
 section  one hundred fifty-nine of this chapter may not be sanctioned if
 [his or her] SUCH PERSON'S failure to comply with requirements  of  this
 title is related to [his or her] SUCH PERSON'S health status.
   §  5.  Subdivision  6  of section 332-b of the social services law, as
 added by section 148 of part B of chapter 436 of the laws  of  1997,  is
 amended to read as follows:
   6. When an applicant or recipient receives notification of the examin-
 ing  medical  professional's  disability determination, [he or she] SUCH
 S. 4417--A                          5
 
 APPLICANT OR RECIPIENT shall also be  notified  of  [his  or  her]  SUCH
 APPLICANT'S  OR  RECIPIENT'S  right to request a fair hearing within ten
 days of such notice. If such applicant timely requests a  fair  hearing,
 no  assignment  to  work  activities  pursuant to this title may be made
 pending such hearing and determination unless the applicant or recipient
 agrees to a limited work assignment not inconsistent  with  the  medical
 condition  alleged  by  such person. Provided, however, that if a social
 services district has reason to believe that such recipient or applicant
 does not actually suffer from a work limiting  condition,  the  district
 shall  provide the applicant or recipient with notice of potential sanc-
 tions pursuant to subdivision  [three]  TWO  of  section  three  hundred
 forty-two  of  this  title, and provided further that recipients will be
 subject to sanctions pursuant to  subdivision  [three]  TWO  of  section
 three  hundred forty-two of this title if the district determines, based
 on clear medical evidence, that there is no basis for  the  individual's
 claim that [he or she] SUCH INDIVIDUAL is unable to fully engage in work
 activities, and that the individual intentionally misrepresented [his or
 her] SUCH INDIVIDUAL'S medical condition.
   §  6. This act shall take effect one year after it shall have become a
 law.