NY State Senate Bill 2011-S2051

Senate Bill S2051

2011-2012 Legislative Session

Relates to a local social services district's conciliation procedure following a public recipient's noncompliance with mandated work activities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Social Services Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 18, 2011	referred to social services

2011-S2051 (ACTIVE) - Details

Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Amd §341, Soc Serv L
Versions Introduced in 2009-2010 Legislative Session:: S980

2011-S2051 (ACTIVE) - Summary

Relates to a local social services district's conciliation procedure following a public recipient's noncompliance with mandated work activities; removes requirement that such noncompliance be "willful".

2011-S2051 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2051

TITLE OF BILL:
An act
to amend the social services law, in relation to the local social
services district's conciliation procedure following a public assistance
recipient's noncompliance with mandated work activities

SUMMARY OF PROVISIONS:
This bill would amend Social Services Law § 341(1) to clarify that
prior to applying sanctions against a public ass~stance participant
for failing to comply with employment requirement, the local social
service district need only find that the public assistance
participant failed to comply "without good cause."

REASONS FOR SUPPORT:
Social Service Law 341(1) provides for a conciliation procedure at
which a public assistance participant who has failed to comply with
employment requirements is given an opportunity to explain their
reason for noncompliance. If the local social services district
("LSSD") matter is not resolved during the conciliation, then the
LSSD notifies the participant in writing by serving a notice of
intent to reduce or deny the public assistance grant and informs the
client of the right to a fair hearing.

This legislation clarifies that in order for a LSSD to make a decision

not to resolve the matter at the point of conciliation, a LSSD must
determine that the individual has acted without good cause. This
standard was historically applied by LSSDs but confusion has
developed because of language in Social Service Law 341(1), which
requires a finding of "willfulness" as well as lack of "good cause."

Under state regulations "good cause" is deemed to include
"circumstances beyond the individual's control, such as, but not
limited to, illness of the member, illness of another household
member requiring the presence of the member, a household emergency,
or the lack of adequate child care for children who have reached age
6 but are under age 13," 18 NYCRR 385.12 (c) (1); see SSL 341 (6).
Good cause is a standard that is easily understood and applied. An
additional determination of "willfulness," however, is not easily
understood and nearly impossible to apply because it requires a
determination of the participant's intent at the time of the
participant's failure to comply.

Moreover, requiring a determination of "willfulness" is not consistent
with the intent of the statute. It appears the additional
requirements in Section 341(1) were left in the statute inadvertently
when the Legislature implemented welfare reform in 1997. Section 148
of Chapter 436 of
the Laws of 1997 ("The Welfare Reform Act of 1997") added a new
Section 342, providing sanctions for failure to participate in work
activities "without good cause." Section 342 contains no
"willfulness" requirement.
This proposed amendment reconciles the two provisions to be consistent
with the intent of the State's welfare reform law. It will also
assist LSSDs to meet required federal work participation rates by


simplifying and clarifying the element of intent for compliance with
welfare reform employment activities.

Accordingly, the Mayor urges the earliest possible favorable
consideration of this proposal by the Legislature.

EFFECTIVE DATE:
Immediately.

2011-S2051 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2051

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sen.  KRUGER -- 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 the local social
  services district's conciliation procedure following a public  assist-
  ance recipient's noncompliance with mandated work activities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 341 of the social services law, as
amended by section 1 of part D of chapter 61 of the  laws  of  2006,  is
amended to read as follows:
  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,  the social services district shall issue a notice in plain
language indicating that such failure or refusal has taken place and  of
the right of such participant to conciliation to resolve the reasons for
such  failure or refusal 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. 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  bene-
fits.  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 participant and ten days in the  case  of  a
family assistance participant. The notice shall also include an explana-
tion  in plain language of what would constitute good cause for non-com-
pliance 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. If the participant does  not

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06827-01-1

S. 2051                             2

contact  the  district within the specified number of days, 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.
  (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,  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, the necessary actions that
must be taken to avoid a pro-rata reduction in public  assistance  bene-
fits, 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.
  S 2. This act shall take effect immediately.

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