NY State Senate Bill 2013-S7091A

Senate Bill S7091A

2013-2014 Legislative Session

Relates to additional options for local social services districts to implement effective welfare-to-work programs; repealer

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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
May 06, 2014	print number 7091a
May 06, 2014	amend and recommit to social services
Apr 25, 2014	referred to social services

Bill Amendments

Original

A (Active)

2013-S7091 - Details

See Assembly Version of this Bill:: A9180
Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Rpld & add §341, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1983, A5119
2017-2018: S539, A4520
2019-2020: S901, A5573
2021-2022: A4859
2023-2024: A1946

2013-S7091 - Summary

Relates to additional options for local social services districts to implement effective welfare-to-work programs; repeals certain provisions of such law relating thereto.

2013-S7091 - Sponsor Memo

                                BILL NUMBER:S7091

TITLE OF BILL:  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 certain provisions of
such law relating thereto

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to provide local social services
districts with additional flexibility to maximize the successful partic-
ipation of welfare recipients in employment or training opportunities by
enabling the social services district to quickly re-engage the welfare
recipient in job training or work experience.

SUMMARY OF SPECIFIC PROVISIONS:

The bill rewrites section 341 of the Social Services Law to allow local
social services districts, at their option, to immediately contact a
welfare recipient who fails to comply with job training or work experi-
ence requirements, provide the recipient with a verbal notice of the
failure to comply with a written confirmation letter (rather than a ten
day written notice) and to immediately conduct a verbal conciliation
effort in an effort to resolve any good faith issues needed to re-engage
the recipient in job training or work experience with a minimum of
delay. If the conciliation process is successful, no further action will

be taken.

If the conciliation process is not successful, then the local social
services district would be required to provide the recipient with a
written notice of its intent to terminate benefits for noncompliance and
a written notice of the recipient's right to request a fair hearing. The
fair hearing could be conducted using video conferencing equipment.

JUSTIFICATION:

Under the current statutory procedure contained in section 341 of the
social services law, the local social services district is required to
send a ten day written of a right to request conciliation in the event
of the recipient fails to comply with employment or job training
requirements. Sometimes the recipient has an excellent reason for the
failure to comply that can be resolved by the local social services
district, such as lack of child care or transportation. Even if these
issues can be resolved, however, the extensive delay inherent in the
current process often results in the loss of the job training or employ-
ment opportunity because these job training classes or employment oppor-
tunities cannot wait for several days for these issues to be resolved.

By allowing the local social services districts the right to immediately
conduct conciliation efforts, the local social services district can
maximize the likelihood that the underlying issues can be quickly

resolved so that the participant can successful participate in the
employment experience or job training program.

If the recipient does not have a reasonable basis for the failure to
participate in employment or job training, then the social services
district must provide the recipient with a ten day notice of the right
to request a fair hearing. Unfortunately, it may take several weeks
before the state Office of Temporary and Disability Assistance (OTDA)
schedules the fairing hearing because of scheduling issues, during which
time many recipients continue to receive welfare benefits. It is esti-
mated that current delays in scheduling these fair hearings cost the
State over $10 million a year. In an effort to reduce this delay, this
bill would enable the fair hearing to be held using video conference
equipment, where all parties can see and hear each other.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

It is estimated that this bill would save the State and local taxpayers
upwards of $10 million annually by reducing the cost associated with the
extensive delays in processing fair hearings.* In addition, to the
extent that prompt conciliation efforts improve employment and job
training success, additional savings will be achieved welfare recipients
obtain employment and begin their path to greater financial independence
and a higher standard of living.

* A six week delay multiplied by 33,619 decisions upheld or appeals
withdrawn in 2013 (2013 OTDA Annual Report) with an average cost per
recipient of $323/month (OTDA Monthly Statistics for December 2013).

EFFECTIVE DATE:

The bill would become effective 120 days after enactment.

2013-S7091 - Bill Text download pdf

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

                                  7091

                            I N  S E N A T E

                             April 25, 2014
                               ___________

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 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.  Purpose.  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  independence  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  concil-
iation  quickly in the event that a public assistance recipient fails to
attend or participate in designated training or work experience, thereby
maximizing the opportunity for the recipient to successfully participate
in these programs. In the event an able-bodied public assistance recipi-
ent refuses to participate in these programs without good  cause,  local
social  services  districts  would have the option to quickly schedule a
fair hearing, thus minimizing the cost to taxpayers for  recipients  who
are unwilling to participate without good cause.
  S  2.  Section  341  of  the social services law is REPEALED and a new
section 341 is added to read as follows:
  S 341. CONCILIATION; REFUSAL  TO  PARTICIPATE.    1.  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 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 FAILURE 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

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

                                                           LBD14078-01-4

S. 7091                             2

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 THEREOF.
  2. (A) THE SOCIAL SERVICES DISTRICT MAY ENGAGE IN CONCILIATION EFFORTS
WITH  THE  PARTICIPANT 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. 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)  AT  THE  OPTION OF THE SOCIAL SERVICES DISTRICT, THE CONCILIATION
EFFORT MAY BE UNDERTAKEN AT THE  SAME  TIME  AS  THE  VERBAL  NOTICE  OF
NONCOMPLIANCE.  IT WILL BE THE RESPONSIBILITY OF THE PARTICIPANT TO GIVE
REASONS FOR SUCH FAILURE OR REFUSAL TO COMPLY WITH THE  REQUIREMENTS  OF
THIS TITLE.
  (C)  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. (A) THE DEPARTMENT 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  DEPARTMENT,  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 INDEPENDENT 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
SHALL BE PROVIDED, AS SET FORTH IN THIS SECTION. NO SANCTION RELATING TO
THE SUBJECT DISPUTE MAY BE IMPOSED DURING THE CONCILIATION PROCESS.
  4.  IF  THE  SOCIAL SERVICES DISTRICT DETERMINES AS THE RESULT OF SUCH
CONCILIATION PROCESS THAT SUCH FAILURE OR REFUSAL WAS WILLFUL AND  WITH-
OUT  GOOD  CAUSE,  OR IN THE EVENT THAT THE PARTICIPANT DOES NOT CONTACT
THE SOCIAL SERVICES DISTRICT WITHIN THE SPECIFIED  NUMBER  OF  DAYS  AND
REQUEST  CONCILIATION,  THEN  THE DISTRICT SHALL PROVIDE THE PARTICIPANT

S. 7091                             3

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 DETER-
MINATION, THE SPECIFIC INSTANCE OR INSTANCES OF WILLFUL REFUSAL OR FAIL-
URE  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
DEPARTMENT. SUCH NOTICE SHALL ALSO EITHER (A) SCHEDULE  A  FAIR  HEARING
RELATING  TO  SUCH  DISCONTINUANCE  OR  REDUCTION  ON  AT LEAST TEN DAYS
NOTICE, OR (B) 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.
  5.  (A) 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
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 FAMILY 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
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 DEPARTMENT IN ITS IMPLEMENTATION PLAN FOR THIS  TITLE  WHICH,  AT  A

S. 7091                             4

MINIMUM, MUST DESCRIBE WHAT CIRCUMSTANCES BEYOND THE HOUSEHOLD'S CONTROL
WILL CONSTITUTE "GOOD CAUSE".
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

2013-S7091A (ACTIVE) - Details

See Assembly Version of this Bill:: A9180
Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Rpld & add §341, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1983, A5119
2017-2018: S539, A4520
2019-2020: S901, A5573
2021-2022: A4859
2023-2024: A1946

2013-S7091A (ACTIVE) - Summary

Relates to additional options for local social services districts to implement effective welfare-to-work programs; repeals certain provisions of such law relating thereto.

2013-S7091A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7091A

TITLE OF BILL:  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 certain provisions
of such law relating thereto

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to provide local social services
districts with additional flexibility to maximize the successful
participation of welfare recipients in employment or training
opportunities by enabling the social services district to quickly
re-engage the welfare recipient in job training or work experience.

SUMMARY OF SPECIFIC PROVISIONS:

The bill rewrites section 341 of the Social Services Law to allow
local social services districts, at their option, to immediately
contact a welfare recipient who fails to comply with job training or
work experience requirements, provide the recipient with a verbal
notice of the failure to comply with a written confirmation letter
(rather than a ten day written notice) and to immediately conduct a
verbal conciliation effort in an effort to resolve any good faith
issues needed to re-engage the recipient in job training or work
experience with a minimum of delay. If the conciliation process is

successful, no further action will be taken.

If the conciliation process is not successful, then the local social
services district would be required to provide the recipient with a
written notice of its intent to terminate benefits for noncompliance
and a written notice of the recipient's right to request a fair
hearing. The fair hearing could be conducted using video conferencing
equipment.

JUSTIFICATION:

Under the current statutory procedure contained in section 341 of the
social services law, the local social services district is required to
send a ten day written of a right to request conciliation in the event
of the recipient fails to comply with employment or job training
requirements. Sometimes the recipient has an excellent reason for the
failure to comply that can be resolved by the local social services
district, such as lack of child care or transportation. Even if these
issues can be resolved, however, the extensive delay inherent in the
current process often results in the loss of the job training or
employment opportunity because these job training classes or
employment opportunities cannot wait for several days for these issues
to be resolved.

By allowing the local social services districts the right to
immediately conduct conciliation efforts, the local social services
district can maximize the likelihood that the underlying issues can be
quickly resolved so that the participant can successful participate in
the employment experience or job training program.


If the recipient does not have a reasonable basis for the failure to
participate in employment or job training, then the social services
district must provide the recipient with a ten day notice of the right
to request a fair hearing. Unfortunately, it may take several weeks
before the state Office of Temporary and Disability Assistance (OTDA)
schedules the fairing hearing because of scheduling issues, during
which time many recipients continue to receive welfare benefits. It is
estimated that current delays in scheduling these fair hearings cost
the State over $10 million a year. In an effort to reduce this delay,
this bill would enable the fair hearing to be held using video
conference equipment, where all parties can see and hear each other.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

It is estimated that this bill would save the State and local
taxpayers upwards of $10 million annually by reducing the cost
associated with the extensive delays in processing fair hearings.* In
addition, to the extent that prompt conciliation efforts improve
employment and job training success, additional savings will be
achieved welfare recipients obtain employment and begin their path to
greater financial independence and a higher standard of living.

* A six week delay multiplied by 33,619 decisions upheld or appeals
withdrawn in 2013 (2013 OTDA Annual Report) with an average cost per
recipient of $323/month (OTDA Monthly Statistics for December 2013).

EFFECTIVE DATE:;

The bill would become effective 120 days after enactment.

2013-S7091A (ACTIVE) - Bill Text download pdf

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

                                 7091--A

                            I N  S E N A T E

                             April 25, 2014
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

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 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. Purpose. 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 independence 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 concil-
iation quickly in the event that a public assistance recipient fails  to
attend or participate in designated training or work experience, thereby
maximizing the opportunity for the recipient to successfully participate
in these programs. In the event an able-bodied public assistance recipi-
ent  refuses  to participate in these programs without good cause, local
social services districts would have the ability to conduct a fair hear-
ing using video conferencing equipment,  thus  minimizing  the  cost  to
taxpayers  for  recipients who are unwilling to participate without good
cause.
  S 2. Section 341 of the social services law  is  REPEALED  and  a  new
section 341 is added to read as follows:
  S  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
THIS TITLE, THE SOCIAL SERVICES DISTRICT SHALL NOTIFY  THE  PARTICIPANT,
VERBALLY  OR  IN WRITING, IN PLAIN LANGUAGE THAT SUCH FAILURE OR REFUSAL

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

                                                           LBD14078-05-4

S. 7091--A                          2

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  DEPARTMENT  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 DEPARTMENT,  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 INDEPENDENT  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
SHALL BE PROVIDED, AS SET FORTH IN THIS SECTION. NO SANCTION RELATING TO
THE SUBJECT DISPUTE MAY BE IMPOSED DURING THE CONCILIATION PROCESS.

S. 7091--A                          3

  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 DEPARTMENT. SUCH NOTICE SHALL ALSO INCLUDE  A  STATE-
MENT  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 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 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  FAMILY  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
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

S. 7091--A                          4

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 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 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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