S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    539
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- 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  additional
   options  for  local  social  services districts to implement effective
   welfare-to-work programs; and to repeal section 341 of such law relat-
   ing thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative intent.  The legislature hereby finds that it
 is in the public interest to  assist  public  assistance  recipients  to
 obtain  job  training  or  work experience as a means of enhancing their
 ability to obtain employment, thereby increasing their  financial  inde-
 pendence and self-sufficiency and improving their standard of living. By
 providing  local  social  services districts with additional flexibility
 and more options for the administration of the welfare-to-work  program,
 local  social  services  districts  will  be  able to intervene and seek
 conciliation quickly in the event that  a  public  assistance  recipient
 fails  to  attend  or participate in designated training or work experi-
 ence, thereby maximizing the opportunity for the recipient  to  success-
 fully  participate in these programs. In the event an able-bodied public
 assistance recipient refuses to participate in  these  programs  without
 good  cause,  local  social services districts would have the ability to
 conduct a fair hearing using video conferencing equipment, thus minimiz-
 ing the cost to taxpayers for recipients who are  unwilling  to  partic-
 ipate without good cause.
   §  2.  Section  341  of  the social services law is REPEALED and a new
 section 341 is added to read as follows:
   § 341. CONCILIATION; REFUSAL TO PARTICIPATE.  1. NOTICE OF  NONCOMPLI-
 ANCE.   CONSISTENT WITH FEDERAL LAW AND REGULATIONS AND THIS TITLE, IF A
 PARTICIPANT HAS FAILED OR REFUSED TO COMPLY  WITH  THE  REQUIREMENTS  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05744-01-7

 S. 539                              2
 
 THIS  TITLE,  THE SOCIAL SERVICES DISTRICT SHALL NOTIFY THE PARTICIPANT,
 VERBALLY OR IN WRITING, IN PLAIN LANGUAGE THAT SUCH FAILURE  OR  REFUSAL
 HAS  TAKEN PLACE, THE SPECIFIC INSTANCE OR INSTANCES OF REFUSAL OR FAIL-
 URE  TO  COMPLY, AND THE NECESSARY ACTIONS THAT MUST BE TAKEN TO AVOID A
 PRO-RATA REDUCTION IN PUBLIC ASSISTANCE BENEFITS. THE 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  TO
 DEMONSTRATE  SUCH GOOD CAUSE FOR FAILURE TO COMPLY WITH THE REQUIREMENTS
 OF THIS TITLE. IF THE  NOTIFICATION  WAS  VERBAL,  THE  SOCIAL  SERVICES
 DISTRICT SHALL PROMPTLY SEND THE PARTICIPANT WRITTEN CONFIRMATION THERE-
 OF.
   2.  RIGHT  TO CONCILIATION.   (A) AT THE OPTION OF THE SOCIAL SERVICES
 DISTRICT THE SOCIAL SERVICES DISTRICT MAY ENGAGE IN CONCILIATION EFFORTS
 WITH THE PARTICIPANT AT THE SAME TIME AS THE VERBAL NOTICE OF NONCOMPLI-
 ANCE IN AN EFFORT TO RESOLVE THE REASONS FOR ANY FAILURE OR  REFUSAL  OF
 THE  PARTICIPANT  TO  COMPLY  WITH THE REQUIREMENTS OF THIS TITLE AND TO
 ENABLE THE PARTICIPANT 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.  IT WILL BE THE RESPONSIBILITY OF  THE  PARTIC-
 IPANT  TO  GIVE  REASONS  FOR SUCH FAILURE OR REFUSAL TO COMPLY WITH THE
 REQUIREMENTS OF THIS TITLE.  IF THE SOCIAL SERVICES DISTRICT  DETERMINES
 AS  A  RESULT  OF SUCH CONCILIATION PROCESS THAT SUCH FAILURE OR REFUSAL
 WAS NOT WILLFUL AND WAS FOR GOOD  CAUSE,  NO  FURTHER  ACTION  SHALL  BE
 TAKEN.
   (B)  IF THE CONCILIATION EFFORT WAS NOT UNDERTAKEN AT THE SAME TIME AS
 THE VERBAL NOTICE OF NONCOMPLIANCE OR IN THE EVENT THE NOTICE OF NONCOM-
 PLIANCE WAS IN WRITING, THEN THE SOCIAL SERVICES DISTRICT  MUST  PROVIDE
 THE  PARTICIPANT WITH WRITTEN NOTICE 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. IF SUCH PARTICIPANT CONTACTS THE
 SOCIAL SERVICES 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. UNLESS EXTENDED BY MUTUAL AGREEMENT
 OF  THE PARTICIPANT AND THE SOCIAL SERVICES 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.
   3. CONCILIATION PROCEDURE.  (A) THE OFFICE OF TEMPORARY AND DISABILITY
 ASSISTANCE SHALL ESTABLISH IN REGULATIONS A CONCILIATION  PROCEDURE  FOR
 THE  RESOLUTION  OF DISPUTES RELATED TO AN INDIVIDUAL'S PARTICIPATION IN
 PROGRAMS PURSUANT TO THIS TITLE.
   (B) THE SOCIAL SERVICES DISTRICT SHALL CONTRACT  WITH  AN  INDEPENDENT
 ENTITY,  APPROVED  BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE,
 OR SHALL USE DESIGNATED TRAINED STAFF AT THE SUPERVISORY LEVEL WHO  HAVE
 NO  DIRECT RESPONSIBILITY FOR THE PARTICIPANT'S CASE TO MEDIATE DISPUTES
 IN THE CONCILIATION CONFERENCE.  IF NO SUCH SUPERVISORY STAFF  OR  INDE-
 PENDENT  ENTITY IS AVAILABLE, THE SOCIAL SERVICES DISTRICT MAY DESIGNATE
 ANOTHER TRAINED INDIVIDUAL, WHO HAS 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,  A  FAIR HEARING OR AN OPPORTUNITY FOR A FAIR HEARING

 S. 539                              3
 
 SHALL BE PROVIDED, AS SET FORTH IN THIS SECTION. NO SANCTION RELATING TO
 THE SUBJECT DISPUTE MAY BE IMPOSED DURING THE CONCILIATION PROCESS.
   4.  RIGHT  TO  A FAIR HEARING.  IF THE SOCIAL SERVICES DISTRICT DETER-
 MINES AS THE RESULT OF SUCH CONCILIATION PROCESS THAT  SUCH  FAILURE  OR
 REFUSAL  WAS  WILLFUL  AND  WITHOUT GOOD CAUSE, OR IN THE EVENT THAT THE
 PARTICIPANT DOES NOT CONTACT THE SOCIAL  SERVICES  DISTRICT  WITHIN  THE
 SPECIFIED  NUMBER  OF  DAYS  TO  REQUEST CONCILIATION, THEN THE DISTRICT
 SHALL PROVIDE THE PARTICIPANT WITH A TEN DAY WRITTEN  NOTICE,  IN  PLAIN
 LANGUAGE  AND  IN  A  MANNER  DISTINCT  FROM ANY PREVIOUS 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, AND THE NECESSARY ACTIONS THAT MUST BE TAKEN
 TO  AVOID A PRO-RATA REDUCTION IN PUBLIC ASSISTANCE BENEFITS PURSUANT TO
 REGULATIONS OF THE OFFICE OF TEMPORARY AND DISABILITY  ASSISTANCE.  SUCH
 NOTICE  SHALL  ALSO  INCLUDE  A  STATEMENT OF THE PARTICIPANT'S RIGHT TO
 REQUEST A FAIR HEARING PRIOR TO THE EXPIRATION OF SUCH  TEN  DAY  NOTICE
 RELATING  TO  SUCH DISCONTINUANCE OR REDUCTION.  THE FAIR HEARING MAY BE
 CONDUCTED USING VIDEO CONFERENCING EQUIPMENT THAT ALLOWS EACH  PARTY  TO
 SEE AND HEAR OTHER PARTIES.
   5.  SANCTIONS.  (A) WHEN ANY PUBLIC 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 APPROPRIATE FEDERAL LAW AND REGULATION AND THIS TITLE.
   (B) 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.
   (C) TO THE  EXTENT  THAT  FEDERAL  LAW  REQUIRES,  A  SOCIAL  SERVICES
 DISTRICT  SHALL  PROVIDE  TO  THOSE PUBLIC ASSISTANCE PARTICIPANTS WHOSE
 FAILURE TO COMPLY HAS CONTINUED FOR THREE MONTHS  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 OF THIS SECTION. SUCH NOTICE SHALL
 ADVISE THAT THE PARTICIPANT  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.
   (D)  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.
   (E) CONSISTENT WITH FEDERAL LAW AND REGULATION,  NO  ACTION  SHALL  BE
 TAKEN PURSUANT TO THIS SECTION FOR FAILURE TO PARTICIPATE IN THE PROGRAM
 OR REFUSAL TO ACCEPT EMPLOYMENT IF:
   (I)  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;
   (II) THE EMPLOYMENT WOULD RESULT IN  THE  FAMILY  OF  THE  PARTICIPANT
 EXPERIENCING  A  NET  LOSS  OF  SUCH  CASH  INCOME; PROVIDED, HOWEVER, A
 PARTICIPANT MAY NOT CLAIM GOOD CAUSE UNDER THIS PARAGRAPH IF THE  SOCIAL

 S. 539                              4
 
 SERVICES DISTRICT ASSURES THAT THE FAMILY WILL NOT EXPERIENCE A NET LOSS
 OF CASH INCOME BY MAKING A SUPPLEMENTAL PAYMENT; 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
   (III) THE PARTICIPANT MEETS OTHER GROUNDS FOR GOOD CAUSE SET FORTH  BY
 THE  OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE IN ITS IMPLEMENTATION
 PLAN FOR THIS TITLE WHICH, AT A  MINIMUM,  MUST  DESCRIBE  WHAT  CIRCUM-
 STANCES BEYOND THE HOUSEHOLD'S CONTROL WILL CONSTITUTE "GOOD CAUSE".
   6.  EXEMPTION.  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT APPLY TO
 PERSONS WHO ARE RESIDENTS OF A CITY HAVING A POPULATION OF  ONE  MILLION
 OR MORE PEOPLE.
   §  3.  The  opening  paragraph  of  paragraph  (a) of subdivision 2 of
 section 341-a of the social services law, as added by chapter 562 of the
 laws of 2015, is amended to read as follows:
   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 appropriate 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]  NOTIFY  THE
 PARTICIPANT,  VERBALLY  OR  IN WRITING, 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 OR
 CONCILIATION  process.  IF  THE  NOTIFICATION  WAS  VERBAL,  THE  SOCIAL
 SERVICES  DISTRICT SHALL PROMPTLY SEND THE PARTICIPANT WRITTEN CONFIRMA-
 TION THEREOF. "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 has become exempt from the requirements of this title, or
 by  resolving  the reasons for such failure or refusal at a conciliation
 conference.   AT THE  OPTION  OF  THE  SOCIAL  SERVICES  DISTRICT,  SUCH
 DISTRICT  MAY ENGAGE IN CONCILIATION EFFORTS WITH THE PARTICIPANT AT THE
 SAME TIME AS THE VERBAL NOTICE OF NONCOMPLIANCE IN AN EFFORT TO  RESOLVE
 THE REASONS FOR ANY FAILURE OR REFUSAL OF THE PARTICIPANT TO COMPLY WITH
 THE  PROVISIONS  OF  THIS TITLE AND TO ENABLE THE PARTICIPANT TO AVOID A
 PRO-RATA REDUCTION IN PUBLIC ASSISTANCE BENEFITS FOR THE PERIOD OF  TIME
 SET  FORTH  IN SECTION THREE HUNDRED FORTY-TWO OF THIS TITLE. The notice
 shall indicate that the participant has ten days to  request  re-engage-
 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.
   § 4. Paragraph (c) of subdivision 3 of section  341-a  of  the  social
 services law, as added by chapter 562 of the laws of 2015, is amended to
 read as follows:
   (c) If a participant's dispute cannot be resolved through such concil-
 iation  procedure,  an opportunity for a fair hearing shall be provided,
 AND SUCH FAIR HEARING MAY BE PROVIDED BY MEANS OF VIDEO CONFERENCING. No

 S. 539                              5
 
 sanction relating to the subject  dispute  may  be  imposed  during  the
 re-engagement process.
   § 5. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.