Bill Text: NY A05119 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2016-06-29 - print number 5119a [A05119 Detail]

Download: New_York-2015-A05119-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5119
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 12, 2015
                                      ___________
       Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
         tee 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:
    1    Section  1.  Legislative intent.  The legislature hereby finds that it
    2  is in the public interest to  assist  public  assistance  recipients  to
    3  obtain  job  training  or  work experience as a means of enhancing their
    4  ability to obtain employment, thereby increasing their  financial  inde-
    5  pendence and self-sufficiency and improving their standard of living. By
    6  providing  local  social  services districts with additional flexibility
    7  and more options for the administration of the welfare-to-work  program,
    8  local  social  services  districts  will  be  able to intervene and seek
    9  conciliation quickly in the event that  a  public  assistance  recipient
   10  fails  to  attend  or participate in designated training or work experi-
   11  ence, thereby maximizing the opportunity for the recipient  to  success-
   12  fully  participate in these programs. In the event an able-bodied public
   13  assistance recipient refuses to participate in  these  programs  without
   14  good  cause,  local  social services districts would have the ability to
   15  conduct a fair hearing using video conferencing equipment, thus minimiz-
   16  ing the cost to taxpayers for recipients who are  unwilling  to  partic-
   17  ipate without good cause.
   18    S  2.  Section  341  of  the social services law is REPEALED and a new
   19  section 341 is added to read as follows:
   20    S 341. CONCILIATION; REFUSAL TO PARTICIPATE.  1. NOTICE OF  NONCOMPLI-
   21  ANCE.   CONSISTENT WITH FEDERAL LAW AND REGULATIONS AND THIS TITLE, IF A
   22  PARTICIPANT HAS FAILED OR REFUSED TO COMPLY  WITH  THE  REQUIREMENTS  OF
   23  THIS  TITLE,  THE SOCIAL SERVICES DISTRICT SHALL NOTIFY THE PARTICIPANT,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06193-01-5
       A. 5119                             2
    1  VERBALLY OR IN WRITING, IN PLAIN LANGUAGE THAT SUCH FAILURE  OR  REFUSAL
    2  HAS  TAKEN PLACE, THE SPECIFIC INSTANCE OR INSTANCES OF REFUSAL OR FAIL-
    3  URE TO COMPLY, AND THE NECESSARY ACTIONS THAT MUST BE TAKEN TO  AVOID  A
    4  PRO-RATA  REDUCTION IN PUBLIC ASSISTANCE BENEFITS. THE NOTICE SHALL ALSO
    5  INCLUDE AN EXPLANATION IN PLAIN LANGUAGE OF WHAT WOULD  CONSTITUTE  GOOD
    6  CAUSE  FOR  NON-COMPLIANCE  AND EXAMPLES OF ACCEPTABLE FORMS OF EVIDENCE
    7  THAT MAY WARRANT AN EXEMPTION FROM WORK ACTIVITIES,  INCLUDING  EVIDENCE
    8  OF  DOMESTIC  VIOLENCE,  AND  PHYSICAL  OR  MENTAL HEALTH LIMITATIONS TO
    9  DEMONSTRATE SUCH GOOD CAUSE FOR FAILURE TO COMPLY WITH THE  REQUIREMENTS
   10  OF  THIS  TITLE.  IF  THE  NOTIFICATION  WAS VERBAL, THE SOCIAL SERVICES
   11  DISTRICT SHALL PROMPTLY SEND THE PARTICIPANT WRITTEN CONFIRMATION THERE-
   12  OF.
   13    2. RIGHT TO CONCILIATION.  (A) AT THE OPTION OF  THE  SOCIAL  SERVICES
   14  DISTRICT THE SOCIAL SERVICES DISTRICT MAY ENGAGE IN CONCILIATION EFFORTS
   15  WITH THE PARTICIPANT AT THE SAME TIME AS THE VERBAL NOTICE OF NONCOMPLI-
   16  ANCE  IN  AN EFFORT TO RESOLVE THE REASONS FOR ANY FAILURE OR REFUSAL OF
   17  THE PARTICIPANT TO COMPLY WITH THE REQUIREMENTS OF  THIS  TITLE  AND  TO
   18  ENABLE  THE  PARTICIPANT TO AVOID A PRO-RATA REDUCTION IN PUBLIC ASSIST-
   19  ANCE BENEFITS FOR A PERIOD OF TIME SET FORTH IN  SECTION  THREE  HUNDRED
   20  FORTY-TWO  OF  THIS TITLE.  IT WILL BE THE RESPONSIBILITY OF THE PARTIC-
   21  IPANT TO GIVE REASONS FOR SUCH FAILURE OR REFUSAL  TO  COMPLY  WITH  THE
   22  REQUIREMENTS  OF THIS TITLE.  IF THE SOCIAL SERVICES DISTRICT DETERMINES
   23  AS A RESULT OF SUCH CONCILIATION PROCESS THAT SUCH  FAILURE  OR  REFUSAL
   24  WAS  NOT  WILLFUL  AND  WAS  FOR  GOOD CAUSE, NO FURTHER ACTION SHALL BE
   25  TAKEN.
   26    (B) IF THE CONCILIATION EFFORT WAS NOT UNDERTAKEN AT THE SAME TIME  AS
   27  THE VERBAL NOTICE OF NONCOMPLIANCE OR IN THE EVENT THE NOTICE OF NONCOM-
   28  PLIANCE  WAS  IN WRITING, THEN THE SOCIAL SERVICES DISTRICT MUST PROVIDE
   29  THE PARTICIPANT WITH WRITTEN NOTICE THAT THE PARTICIPANT HAS SEVEN  DAYS
   30  TO  REQUEST  CONCILIATION  WITH  THE  DISTRICT REGARDING SUCH FAILURE OR
   31  REFUSAL IN THE CASE OF A SAFETY NET PARTICIPANT AND TEN DAYS IN THE CASE
   32  OF A FAMILY ASSISTANCE PARTICIPANT. IF  SUCH  PARTICIPANT  CONTACTS  THE
   33  SOCIAL  SERVICES  DISTRICT WITHIN SEVEN DAYS IN THE CASE OF A SAFETY NET
   34  PARTICIPANT OR WITHIN TEN DAYS  IN  THE  CASE  OF  A  FAMILY  ASSISTANCE
   35  PARTICIPANT,  IT  WILL  BE THE RESPONSIBILITY OF THE PARTICIPANT TO GIVE
   36  REASONS FOR SUCH FAILURE OR REFUSAL. UNLESS EXTENDED BY MUTUAL AGREEMENT
   37  OF THE PARTICIPANT AND THE SOCIAL SERVICES DISTRICT, CONCILIATION  SHALL
   38  TERMINATE  AND A DETERMINATION SHALL BE MADE WITHIN FOURTEEN DAYS OF THE
   39  DATE A REQUEST FOR CONCILIATION IS MADE IN THE  CASE  OF  A  SAFETY  NET
   40  PARTICIPANT OR WITHIN THIRTY DAYS OF THE CONCILIATION NOTICE IN THE CASE
   41  OF A FAMILY ASSISTANCE PARTICIPANT.
   42    3. CONCILIATION PROCEDURE.  (A) THE OFFICE OF TEMPORARY AND DISABILITY
   43  ASSISTANCE  SHALL  ESTABLISH IN REGULATIONS A CONCILIATION PROCEDURE FOR
   44  THE RESOLUTION OF DISPUTES RELATED TO AN INDIVIDUAL'S  PARTICIPATION  IN
   45  PROGRAMS PURSUANT TO THIS TITLE.
   46    (B)  THE  SOCIAL  SERVICES DISTRICT SHALL CONTRACT WITH AN INDEPENDENT
   47  ENTITY, APPROVED BY THE OFFICE OF TEMPORARY AND  DISABILITY  ASSISTANCE,
   48  OR  SHALL USE DESIGNATED TRAINED STAFF AT THE SUPERVISORY LEVEL WHO HAVE
   49  NO DIRECT RESPONSIBILITY FOR THE PARTICIPANT'S CASE TO MEDIATE  DISPUTES
   50  IN  THE  CONCILIATION CONFERENCE.  IF NO SUCH SUPERVISORY STAFF OR INDE-
   51  PENDENT ENTITY IS AVAILABLE, THE SOCIAL SERVICES DISTRICT MAY  DESIGNATE
   52  ANOTHER  TRAINED  INDIVIDUAL,  WHO  HAS NO DIRECT RESPONSIBILITY FOR THE
   53  PARTICIPANT'S CASE TO MEDIATE DISPUTES IN THE CONCILIATION CONFERENCE.
   54    (C) IF A PARTICIPANT'S DISPUTE CANNOT BE RESOLVED THROUGH SUCH CONCIL-
   55  IATION PROCEDURE, A FAIR HEARING OR AN OPPORTUNITY FOR  A  FAIR  HEARING
       A. 5119                             3
    1  SHALL BE PROVIDED, AS SET FORTH IN THIS SECTION. NO SANCTION RELATING TO
    2  THE SUBJECT DISPUTE MAY BE IMPOSED DURING THE CONCILIATION PROCESS.
    3    4.  RIGHT  TO  A FAIR HEARING.  IF THE SOCIAL SERVICES DISTRICT DETER-
    4  MINES AS THE RESULT OF SUCH CONCILIATION PROCESS THAT  SUCH  FAILURE  OR
    5  REFUSAL  WAS  WILLFUL  AND  WITHOUT GOOD CAUSE, OR IN THE EVENT THAT THE
    6  PARTICIPANT DOES NOT CONTACT THE SOCIAL  SERVICES  DISTRICT  WITHIN  THE
    7  SPECIFIED  NUMBER  OF  DAYS  TO  REQUEST CONCILIATION, THEN THE DISTRICT
    8  SHALL PROVIDE THE PARTICIPANT WITH A TEN DAY WRITTEN  NOTICE,  IN  PLAIN
    9  LANGUAGE  AND  IN  A  MANNER  DISTINCT  FROM ANY PREVIOUS NOTICE, OF ITS
   10  INTENT TO DISCONTINUE OR REDUCE ASSISTANCE. SUCH  NOTICE  SHALL  INCLUDE
   11  THE  REASONS  FOR SUCH DETERMINATION, THE SPECIFIC INSTANCE OR INSTANCES
   12  OF WILLFUL REFUSAL OR FAILURE TO COMPLY  WITHOUT  GOOD  CAUSE  WITH  THE
   13  REQUIREMENTS OF THIS TITLE, AND THE NECESSARY ACTIONS THAT MUST BE TAKEN
   14  TO  AVOID A PRO-RATA REDUCTION IN PUBLIC ASSISTANCE BENEFITS PURSUANT TO
   15  REGULATIONS OF THE OFFICE OF TEMPORARY AND DISABILITY  ASSISTANCE.  SUCH
   16  NOTICE  SHALL  ALSO  INCLUDE  A  STATEMENT OF THE PARTICIPANT'S RIGHT TO
   17  REQUEST A FAIR HEARING PRIOR TO THE EXPIRATION OF SUCH  TEN  DAY  NOTICE
   18  RELATING  TO  SUCH DISCONTINUANCE OR REDUCTION.  THE FAIR HEARING MAY BE
   19  CONDUCTED USING VIDEO CONFERENCING EQUIPMENT THAT ALLOWS EACH  PARTY  TO
   20  SEE AND HEAR OTHER PARTIES.
   21    5.  SANCTIONS.  (A) WHEN ANY PUBLIC ASSISTANCE PARTICIPANT REQUIRED TO
   22  PARTICIPATE IN WORK ACTIVITIES FAILS TO COMPLY WITH  THE  PROVISIONS  OF
   23  THIS  TITLE,  THE  SOCIAL  SERVICES  DISTRICT SHALL TAKE SUCH ACTIONS AS
   24  PRESCRIBED BY APPROPRIATE FEDERAL LAW AND REGULATION AND THIS TITLE.
   25    (B) WHEN ANY SAFETY NET PARTICIPANT REQUIRED TO  PARTICIPATE  IN  WORK
   26  ACTIVITIES FAILS TO COMPLY WITH THE PROVISIONS OF THIS TITLE, THE SOCIAL
   27  SERVICES  DISTRICT  SHALL DENY ASSISTANCE TO SUCH PARTICIPANT IN ACCORD-
   28  ANCE WITH SECTION THREE HUNDRED FORTY-TWO OF THIS TITLE.
   29    (C) TO THE  EXTENT  THAT  FEDERAL  LAW  REQUIRES,  A  SOCIAL  SERVICES
   30  DISTRICT  SHALL  PROVIDE  TO  THOSE PUBLIC ASSISTANCE PARTICIPANTS WHOSE
   31  FAILURE TO COMPLY HAS CONTINUED FOR THREE MONTHS  OR  LONGER  A  WRITTEN
   32  REMINDER  OF  THE  OPTION  TO END A SANCTION AFTER THE EXPIRATION OF THE
   33  APPLICABLE MINIMUM SANCTION PERIOD BY TERMINATING THE FAILURE TO  COMPLY
   34  AS  SPECIFIED  IN  SUBDIVISION  THREE OF THIS SECTION. SUCH NOTICE SHALL
   35  ADVISE THAT THE PARTICIPANT  MAY  IMMEDIATELY  TERMINATE  THE  FIRST  OR
   36  SECOND  SANCTION BY PARTICIPATING IN THE PROGRAM OR ACCEPTING EMPLOYMENT
   37  AND THAT ANY SUBSEQUENT SANCTION AFTER SIX MONTHS HAVE  ELAPSED  MAY  BE
   38  TERMINATED BY PARTICIPATING IN THE PROGRAM OR ACCEPTING EMPLOYMENT.
   39    (D)  A  SOCIAL  SERVICES  DISTRICT  SHALL  PROVIDE TO THOSE SAFETY NET
   40  PARTICIPANTS WHOSE FAILURE TO COMPLY HAS CONTINUED FOR THE LENGTH OF THE
   41  SANCTION PERIOD OR LONGER A WRITTEN REMINDER OF  THE  OPTION  TO  END  A
   42  SANCTION  AFTER THE EXPIRATION OF THE APPLICABLE MINIMUM SANCTION PERIOD
   43  BY TERMINATING THE FAILURE TO COMPLY AS SPECIFIED IN SUBDIVISION FOUR OF
   44  THIS SECTION.
   45    (E) CONSISTENT WITH FEDERAL LAW AND REGULATION,  NO  ACTION  SHALL  BE
   46  TAKEN PURSUANT TO THIS SECTION FOR FAILURE TO PARTICIPATE IN THE PROGRAM
   47  OR REFUSAL TO ACCEPT EMPLOYMENT IF:
   48    (I)  CHILD  CARE  FOR  A CHILD UNDER AGE THIRTEEN (OR DAY CARE FOR ANY
   49  INCAPACITATED INDIVIDUAL LIVING IN THE SAME HOME AS A  DEPENDENT  CHILD)
   50  IS  NECESSARY FOR AN INDIVIDUAL TO PARTICIPATE OR CONTINUE PARTICIPATION
   51  IN ACTIVITIES PURSUANT TO THIS TITLE OR ACCEPT EMPLOYMENT AND SUCH  CARE
   52  IS  NOT AVAILABLE AND THE SOCIAL SERVICES DISTRICT FAILS TO PROVIDE SUCH
   53  CARE;
   54    (II) THE EMPLOYMENT WOULD RESULT IN  THE  FAMILY  OF  THE  PARTICIPANT
   55  EXPERIENCING  A  NET  LOSS  OF  SUCH  CASH  INCOME; PROVIDED, HOWEVER, A
   56  PARTICIPANT MAY NOT CLAIM GOOD CAUSE UNDER THIS PARAGRAPH IF THE  SOCIAL
       A. 5119                             4
    1  SERVICES DISTRICT ASSURES THAT THE FAMILY WILL NOT EXPERIENCE A NET LOSS
    2  OF CASH INCOME BY MAKING A SUPPLEMENTAL PAYMENT; NET LOSS OF CASH INCOME
    3  RESULTS  IF  THE  FAMILY'S  GROSS  INCOME  LESS  NECESSARY  WORK-RELATED
    4  EXPENSES  IS LESS THAN THE CASH ASSISTANCE THE PARTICIPANT WAS RECEIVING
    5  AT THE TIME THE OFFER OF EMPLOYMENT IS MADE; OR
    6    (III) THE PARTICIPANT MEETS OTHER GROUNDS FOR GOOD CAUSE SET FORTH  BY
    7  THE  OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE IN ITS IMPLEMENTATION
    8  PLAN FOR THIS TITLE WHICH, AT A  MINIMUM,  MUST  DESCRIBE  WHAT  CIRCUM-
    9  STANCES BEYOND THE HOUSEHOLD'S CONTROL WILL CONSTITUTE "GOOD CAUSE".
   10    S 3. This act shall take effect on the one hundred twentieth day after
   11  it shall have become a law.