S T A T E O F N E W Y O R K
________________________________________________________________________
4417
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
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 Section 341 of the social services law is REPEALED.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. "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 PARTICIPANT 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-engage-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08694-01-5
S. 4417 2
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.
(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] SUCH INDIVIDUAL 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.
S. 4417 3
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
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] SUCH INDIVID-
UAL 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, 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.
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,
S. 4417 4
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 with the requirements of this
title consistent with any medical condition which may limit the individ-
ual's ability to participate in work activities.
[4.] 3. In the case of an individual who is a member of a household
without 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.] 4. 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] THEIR hours of employment without good cause or due to any
medical condition which may limit the individual's ability to partic-
ipate 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.] 5. 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] THEIR failure to comply with requirements of this title is
related to [his or her] THEIR 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] THEY
shall also be notified of [his or her] THE right to request a fair hear-
ing 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
S. 4417 5
applicant does not actually suffer from a work limiting condition, the
district shall provide the applicant or recipient with notice of poten-
tial sanctions 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 deter-
mines, based on clear medical evidence, that there is no basis for the
individual's claim that [he or she is] THEY ARE unable to fully engage
in work activities, and that the individual intentionally misrepresented
[his or her] THEIR medical condition.
§ 6. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.
