senate Bill S167

2013-2014 Legislative Session

Prohibits recovery of assistance properly paid as permitted where a recipient or former recipient of such assistance was required to participate in a work experience

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to social services
Jan 09, 2013 referred to social services

S167 - Bill Details

See Assembly Version of this Bill:
A9232
Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Amd §336-c, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S102
2009-2010: S4544

S167 - Bill Texts

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Provides that a social services official may not recover assistance properly paid as permitted where a recipient or former recipient of such assistance was required to participate in a work experience program without first crediting against such recovery the number of hours that such person actually participated in a work experience program multiplied by the higher of the applicable state or federal minimum wage.

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BILL NUMBER:S167

TITLE OF BILL:
An act to amend the social services law, in relation to work
experience

PURPOSE:
The purpose of this bill is to allow a participant in the work
Experience Program (WEP, or workfare) to have his or her time in the
program credited against any public assistance a local social services
district is entitled to recover.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 would amend social Services Law (SSL) § 336-c to require
local districts to credit the value of an individual's time in the
Work Experience Program (WEP) against any benefits legally recovered
by the district.

Section 2 would require that the Office of Temporary and Disability
Assistance promulgate any rules and regulations and conduct any
requisite training necessary for the implementation of the act.

Section 3 provides an immediate effective date.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
This bill would add a new section (5) to SSL §336-c.

JUSTIFICATION:
Persons who receive public assistance in New York state are required
to repay the local social services district for the assistance they
receive properly paid public assistance is a debt owed by the
individual who received such assistance and is subject to recovery
under a number of provisions of the Social Services Law. The recovery
of such assistance is expressly authorized against windfalls such as
inheritances (SSL 104), lawsuit proceeds (SSL 104-b), lottery winnings
(SSL 131-r) and retroactive SSL awards (SSL 158 (3. Additionally,
local districts are entitled to recover properly paid public
assistance by requiring applicants for public assistance who own their
own homes to provide the district with a mortgage equal to the sum of
public assistance paid, as a condition of eligibility for assistance
(SSL 106). When an individual works off his or her grant by
participation in workfare, it is only fair that the value of that work
be credited against any recovery that :the local dist:rict is entitled
to make. This bill would require local social services districts to
credit the value of workfare by calculating the number of hours worked
times the higher of the state or federal minimum wage applicable at
the time, when determining the amount of properly paid public
assistance that the local social services district is entitled to
recover.

This legislation would codify the holding of the United States
District Court for the Western District of New York in Elwell v.
Weiss, 2007 WI, 2994308, which addressed a challenge to a County's
seizure of a former recipient's retroactive SSI benefits, holding that
the Fair Labor Standards Act requires that workfare participants
receive a credit equal to the minimum wage value of their labor when a


local district calculates the value of a public assistance recovery.
This proposed legislation is consistent with the provisions of the
social services law that recognize workfare as work and require that
workfare workers be provided with worker's compensation, and that the
hours assigned cannot exceed the total of public assistance and food
stamps received divided by the higher of the state or federal minimum
wage.

Prior to 1997, it was the long standing policy of the state to require
local social services district to credit workfare against any recovery
of properly paid public assistance. When welfare was "reformed" in
1997, chapter 436 of the laws of 1997, section 148, repealed a
provision similar to this proposal. This bill would restore the prior
policy, which recognized the value o- such work.

PRIOR LEGISLATIVE HISTORY:
2007: A.11216
2010: S.4544/A.1546
2012: Committee Discharged and Committed to Rules

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

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

                                   167

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. SQUADRON -- 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 work experience

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

  Section  1.  Section  336-c  of  the social services law is amended by
adding a new subdivision 5 to read as follows:
  5. NOTWITHSTANDING ANY PROVISION OF LAW  TO  THE  CONTRARY,  A  SOCIAL
SERVICES  OFFICIAL  MAY  NOT  RECOVER PUBLIC ASSISTANCE PROPERLY PAID AS
PERMITTED UNDER SECTIONS ONE  HUNDRED  FOUR,  ONE  HUNDRED  FOUR-B,  ONE
HUNDRED  SIX,  ONE HUNDRED THIRTY-ONE-R AND SUBDIVISION THREE OF SECTION
ONE HUNDRED FIFTY-EIGHT OF THIS CHAPTER OR ANY OTHER PROVISION  OF  THIS
TITLE,  WHERE  A  RECIPIENT  OR  FORMER RECIPIENT OF SUCH ASSISTANCE WAS
REQUIRED TO PARTICIPATE IN A WORK EXPERIENCE PROGRAM UNDER THIS SECTION,
WITHOUT FIRST CREDITING AGAINST SUCH RECOVERY THE NUMBER OF  HOURS  THAT
SUCH  PERSON  ACTUALLY  PARTICIPATED IN A WORK EXPERIENCE PROGRAM MULTI-
PLIED BY THE HIGHER OF THE APPLICABLE STATE OR FEDERAL MINIMUM WAGE.
  S 2. Effective immediately, the office  of  temporary  and  disability
assistance  shall  promulgate  rules  and  regulations,  and conduct any
requisite training necessary for the implementation of this act.
  S 3. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00285-01-3

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