S T A T E O F N E W Y O R K
________________________________________________________________________
3423--A
2011-2012 Regular Sessions
I N A S S E M B L Y
January 25, 2011
___________
Introduced by M. of A. WRIGHT -- 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 clarifying
notice requirements conciliation procedures and sanctions in cases
when the recipient of public assistance programs refuses to comply
with employment program requirements
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, as amended by
section 148 of part B of chapter 436 of the laws of 1997, subdivision 1
as amended by section 1 of part D of chapter 61 of the laws of 2006, is
amended to read as follows:
S 341. [Conciliation] RE-ENGAGEMENT; CONCILIATION; refusal to partic-
ipate. 1. (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 APPROPRI-
ATE CHILD CARE, TRANSPORTATION, AND ACCOMMODATIONS FOR DISABILITY WERE
IN PLACE AT THE TIME OF SUCH FAILURE OR REFUSAL, [if a participant has
failed or refused to comply with the requirements of this title,] 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 [conciliation to resolve] 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07063-02-2
A. 3423--A 2
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 [to avoid a pro-rata reduction
in public assistance benefits for a period of time set forth in section
three hundred forty-two of this title] AT A CONCILIATION CONFERENCE.
THE NOTICE SHALL INDICATE THAT THE PARTICIPANT HAS TEN DAYS TO REQUEST
RE-ENGAGEMENT 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. [The notice shall indicate that the
participant has seven days to request conciliation with the district
regarding such failure or refusal in the case of a safety net partic-
ipant and ten days in the case of a family assistance participant.]
(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-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) If the participant does not contact the district within [the spec-
ified number of] TEN days OF THE RE-ENGAGEMENT NOTICE, the district
shall [issue ten days notice of intent to discontinue or reduce assist-
ance, pursuant to regulations of the department. Such notice shall also
include a statement of the participant's right to a fair hearing relat-
ing to such discontinuance or reduction. If such participant contacts
the 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] 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 PARTIC-
IPATING IN WORK ACTIVITIES, THERE SHALL BE NO FINDING OF WILLFULNESS
WITHOUT GOOD CAUSE BASED ON A SINGLE APPOINTMENT OR INFRACTION.
(b) [Unless the district determines as a result of such conciliation
process that such failure or refusal was willful and was without good
cause, no further action shall be taken.] 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
A. 3423--A 3
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 INDIVID-
UAL'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. [Unless extended by mutual agreement of the participant and
the 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.]
2. (a) The department shall establish in regulation a conciliation
procedure for the resolution of disputes related to an individual'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. [If no such supervi-
sory staff or independent entity is available, the district may desig-
nate another trained individual, who has no direct responsibility for
the participant's case to mediate disputes in the conciliation confer-
ence.]
(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
[conciliation] RE-ENGAGEMENT process.
3. When any [family 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 appro-
priate federal law and regulation and this title.
4. [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.
5. (a) To the extent that] CONSISTENT WITH federal law [requires] AND
THIS TITLE, a social services district shall provide to those [family
assistance] participants whose failure to comply has continued for
[three months] THIRTY DAYS 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] ONE of this section. Such notice shall advise that the partic-
ipant 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.
(b) 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.] EITHER 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 OR NOTIFYING THE
A. 3423--A 4
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 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 REQUIREMENTS 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".
S 2. Section 342 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:
S 342. Noncompliance with the requirements of this title. 1. 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 fails to comply, without good
cause, with the requirements of this title AND THE DISTRICT HAS DETER-
MINED THAT HE OR SHE IS NOT EXEMPT FROM SUCH REQUIREMENTS AND HAS VERI-
FIED 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 [periods] PERIOD specified in
this section. Good cause for failing to comply with the requirements of
this title shall be defined in department regulations, provided, howev-
er, that the parent or caretaker relative of a child under thirteen
years of age shall not be subject to the ineligibility provisions of
this section if the individual can demonstrate, in accordance with the
regulations of the office of children and family services department,
that lack of available child care prevents such individual from comply-
ing 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.
A. 3423--A 5
2. In the case of an applicant for or recipient of public assistance
WHOM THE DISTRICT HAS DETERMINED IS NOT EXEMPT FROM THE REQUIREMENTS OF
THIS TITLE AND who is a parent or caretaker of a dependent child, the
public assistance benefits otherwise available to the household of which
such individual is a member shall be reduced pro-rata[:
(a) for the first instance of failure to comply without good cause
with the requirement of this article] until the individual is willing 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[;
(b) for the second instance of failure to comply without good cause
with the requirements of this article, for a period of three months and
thereafter until the individual is willing to comply;
(c) for the third and all subsequent instances of failure to comply
without good cause with the requirements of this article, for a period
of six months and thereafter until the individual is willing to comply].
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 otherwise avail-
able to the household of which such individual is a member shall be
reduced pro-rata[:
(a) for the first such failure or refusal], 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 ACTIVITIES ceases [or ninety days, which ever period
of time is longer;
(b) for the second such failure or refusal, until the failure ceases
or for one hundred fifty days, whichever period of time is longer; and
(c) for the third and all subsequent such failures or refusals, until
the failure ceases or one hundred eighty days, whichever period of time
is longer].
4. A recipient of public assistance WHOM THE DISTRICT HAS DETERMINED
IS NOT EXEMPT FROM THE REQUIREMENTS OF THIS TITLE AND who quits or
reduces his 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.
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 failure to comply with requirements of this title are related to
his or her health status.
S 3. This act shall take effect immediately.