Bill Text: NY S04830 | 2013-2014 | General Assembly | Amended
Bill Title: Clarifies conciliation procedures in cases when the recipient of public assistance programs refuses to comply with employment program requirements in a city having a population of one million or more persons.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2014-06-19 - referred to ways and means [S04830 Detail]
Download: New_York-2013-S04830-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4830--A 2013-2014 Regular Sessions I N S E N A T E April 25, 2013 ___________ Introduced by Sens. SAVINO, AVELLA, KRUEGER, PARKER, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services -- recommitted to the Committee on Social Services in accordance with Senate Rule 6, sec. 8 -- reported favora- bly from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the social services law, in relation to clarifying notice requirements, conciliation procedures and sanctions in cases when the recipient of public assistance programs refuses to comply with employment program requirements in a city having a population of one million or more persons THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The social services law is amended by adding a new section 2 341-a to read as follows: 3 S 341-A. RE-ENGAGEMENT; CONCILIATION; REFUSAL TO PARTICIPATE. 1. THE 4 PROVISIONS OF THIS SECTION SHALL APPLY TO PERSONS WHO ARE RESIDENTS OF A 5 CITY HAVING A POPULATION OF ONE MILLION OR MORE PEOPLE. 6 2. (A) CONSISTENT WITH FEDERAL LAW AND REGULATIONS AND THIS TITLE, IF 7 A PARTICIPANT HAS FAILED OR REFUSED TO COMPLY WITH THE REQUIREMENTS OF 8 THIS TITLE AND THE DISTRICT HAS DETERMINED THAT HE OR SHE IS NOT EXEMPT 9 FROM SUCH REQUIREMENTS AND HAS VERIFIED THAT APPROPRIATE CHILD CARE, 10 TRANSPORTATION, AND ACCOMMODATIONS FOR DISABILITY WERE IN PLACE AT THE 11 TIME OF SUCH FAILURE OR REFUSAL, THE SOCIAL SERVICES DISTRICT SHALL 12 ISSUE A RE-ENGAGEMENT NOTICE IN PLAIN LANGUAGE INDICATING THAT SUCH 13 FAILURE OR REFUSAL HAS TAKEN PLACE AND OF THE RIGHT OF SUCH PARTICIPANT 14 TO AVOID A PRO-RATA REDUCTION IN PUBLIC ASSISTANCE BENEFITS THROUGH THE 15 RE-ENGAGEMENT PROCESS. "RE-ENGAGEMENT PROCESS" SHALL MEAN THE PROCESS 16 THROUGH WHICH A PARTICIPANT MAY AVOID A PRO-RATA REDUCTION IN PUBLIC 17 ASSISTANCE BENEFITS BY AGREEING TO COMPLY WITH THE REQUIREMENTS OF THIS 18 TITLE CONSISTENT WITH ANY MEDICAL CONDITION WHICH MAY LIMIT THE INDIVID- 19 UAL'S ABILITY TO PARTICIPATE IN WORK ACTIVITIES, BY NOTIFYING THE 20 DISTRICT THAT HE OR SHE HAS BECOME EXEMPT FROM THE REQUIREMENTS OF THIS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00785-07-4 S. 4830--A 2 1 TITLE, OR BY RESOLVING THE REASONS FOR SUCH FAILURE OR REFUSAL AT A 2 CONCILIATION CONFERENCE. THE NOTICE SHALL INDICATE THAT THE PARTICIPANT 3 HAS TEN DAYS TO REQUEST RE-ENGAGEMENT WITH THE DISTRICT. THE NOTICE 4 SHALL INDICATE THE SPECIFIC INSTANCE OR INSTANCES OF WILLFUL REFUSAL OR 5 FAILURE TO COMPLY WITHOUT GOOD CAUSE WITH THE REQUIREMENTS OF THIS TITLE 6 AND THE NECESSARY ACTIONS THAT MUST BE TAKEN TO AVOID A PRO-RATA 7 REDUCTION IN PUBLIC ASSISTANCE BENEFITS AND THE DISTRICT HAS VERIFIED 8 THAT APPROPRIATE CHILD CARE, TRANSPORTATION AND ACCOMMODATIONS FOR DISA- 9 BILITY WERE IN PLACE AT THE TIME OF SUCH FAILURE OR REFUSAL. 10 (1) IF A PARTICIPANT CHOOSES TO AVOID A PRO-RATA REDUCTION IN PUBLIC 11 ASSISTANCE BENEFITS THROUGH A CONCILIATION CONFERENCE, IT WILL BE THE 12 RESPONSIBILITY OF THE PARTICIPANT TO GIVE REASONS FOR SUCH FAILURE OR 13 REFUSAL. THE RE-ENGAGEMENT NOTICE SHALL ALSO INCLUDE AN EXPLANATION IN 14 PLAIN LANGUAGE OF WHAT WOULD CONSTITUTE GOOD CAUSE FOR NON-COMPLIANCE 15 AND EXAMPLES OF ACCEPTABLE FORMS OF EVIDENCE THAT MAY WARRANT AN 16 EXEMPTION FROM WORK ACTIVITIES, INCLUDING EVIDENCE OF DOMESTIC VIOLENCE, 17 AND PHYSICAL OR MENTAL HEALTH LIMITATIONS THAT MAY BE PROVIDED AT THE 18 CONCILIATION CONFERENCE TO DEMONSTRATE SUCH GOOD CAUSE FOR FAILURE TO 19 COMPLY WITH THE REQUIREMENTS OF THIS TITLE. UNLESS AS PART OF THE 20 RE-ENGAGEMENT PROCESS THE PARTICIPANT DOES NOT AGREE TO COMPLY, HAS NOT 21 BECOME EXEMPT OR THE DISTRICT DETERMINES AS A RESULT OF THE CONCILIATION 22 CONFERENCE THAT SUCH FAILURE OR REFUSAL WAS WILLFUL AND WITHOUT GOOD 23 CAUSE, NO FURTHER ACTION SHALL BE TAKEN. 24 (2) IF THE PARTICIPANT DOES NOT CONTACT THE DISTRICT WITHIN TEN DAYS 25 OF THE RE-ENGAGEMENT NOTICE, THE DISTRICT SHALL MAKE A FINDING OF WHETH- 26 ER THE ALLEGED FAILURE OR REFUSAL TO COMPLY WAS WILLFUL AND WITHOUT GOOD 27 CAUSE AND SHALL CONSIDER ANY EVIDENCE IN THE POSSESSION OF THE DISTRICT 28 INDICATING THAT THE PARTICIPANT HAS GOOD CAUSE AND IF THE PARTICIPANT IS 29 OTHERWISE PARTICIPATING IN WORK ACTIVITIES, THERE SHALL BE NO FINDING OF 30 WILLFULNESS WITHOUT GOOD CAUSE BASED ON A SINGLE APPOINTMENT OR INFRAC- 31 TION. 32 (B) IF THE DISTRICT DETERMINES THAT SUCH FAILURE OR REFUSAL WAS WILL- 33 FUL AND WITHOUT GOOD CAUSE, AND THAT THE INDIVIDUAL IS NOT EXEMPT FROM 34 THE REQUIREMENTS OF THIS TITLE, THE DISTRICT SHALL NOTIFY SUCH PARTIC- 35 IPANT IN WRITING, IN PLAIN LANGUAGE AND IN A MANNER DISTINCT FROM ANY 36 PREVIOUS NOTICE, BY ISSUING TEN DAYS NOTICE OF ITS INTENT TO DISCONTINUE 37 OR REDUCE ASSISTANCE. SUCH NOTICE SHALL INCLUDE THE REASONS FOR SUCH 38 DETERMINATION, THE SPECIFIC INSTANCE OR INSTANCES OF WILLFUL REFUSAL OR 39 FAILURE TO COMPLY WITHOUT GOOD CAUSE WITH THE REQUIREMENTS OF THIS 40 TITLE, SHALL VERIFY THAT APPROPRIATE CHILD CARE, TRANSPORTATION AND 41 ACCOMMODATIONS FOR DISABILITY WERE IN PLACE AT THE TIME OF SUCH FAILURE 42 OR REFUSAL, AND SPECIFY THE NECESSARY ACTIONS THAT MUST BE TAKEN TO 43 AVOID A PRO-RATA REDUCTION IN PUBLIC ASSISTANCE BENEFITS, INCLUDING 44 AGREEING TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE CONSISTENT WITH 45 ANY MEDICAL CONDITION WHICH MAY LIMIT THE INDIVIDUAL'S ABILITY TO 46 PARTICIPATE IN WORK ACTIVITIES OR NOTIFYING THE DISTRICT THAT HE OR SHE 47 HAS BECOME EXEMPT FROM THE REQUIREMENTS OF THIS TITLE AND THE RIGHT TO A 48 FAIR HEARING RELATING TO SUCH DISCONTINUANCE OR REDUCTION. 49 3. (A) THE DEPARTMENT SHALL ESTABLISH IN REGULATION A CONCILIATION 50 PROCEDURE FOR THE RESOLUTION OF DISPUTES RELATED TO AN INDIVIDUAL'S 51 PARTICIPATION IN PROGRAMS PURSUANT TO THIS TITLE. 52 (B) THE DISTRICT SHALL CONTRACT WITH AN INDEPENDENT ENTITY, APPROVED 53 BY THE DEPARTMENT, OR SHALL USE DESIGNATED TRAINED STAFF AT THE SUPERVI- 54 SORY LEVEL WHO HAVE NO DIRECT RESPONSIBILITY FOR THE PARTICIPANT'S CASE 55 TO MEDIATE DISPUTES IN THE CONCILIATION CONFERENCE. S. 4830--A 3 1 (C) IF A PARTICIPANT'S DISPUTE CANNOT BE RESOLVED THROUGH SUCH CONCIL- 2 IATION PROCEDURE, AN OPPORTUNITY FOR A FAIR HEARING SHALL BE PROVIDED. 3 NO SANCTION RELATING TO THE SUBJECT DISPUTE MAY BE IMPOSED DURING THE 4 RE-ENGAGEMENT PROCESS. 5 4. WHEN ANY PARTICIPANT REQUIRED TO PARTICIPATE IN WORK ACTIVITIES 6 FAILS TO COMPLY WITH THE PROVISIONS OF THIS TITLE, THE SOCIAL SERVICES 7 DISTRICT SHALL TAKE SUCH ACTIONS AS PRESCRIBED BY APPROPRIATE FEDERAL 8 LAW AND REGULATION AND THIS TITLE. 9 5. CONSISTENT WITH FEDERAL LAW AND THIS TITLE, A SOCIAL SERVICES 10 DISTRICT SHALL PROVIDE TO THOSE PARTICIPANTS WHOSE FAILURE TO COMPLY HAS 11 CONTINUED FOR THIRTY DAYS OR LONGER A WRITTEN REMINDER OF THE OPTION TO 12 END A SANCTION BY TERMINATING THE FAILURE TO COMPLY AS SPECIFIED IN 13 SUBDIVISION TWO OF THIS SECTION. SUCH NOTICE SHALL ADVISE THAT THE 14 PARTICIPANT MAY IMMEDIATELY TERMINATE THE SANCTION BY EITHER AGREEING TO 15 COMPLY WITH THE REQUIREMENTS OF THIS TITLE CONSISTENT WITH ANY MEDICAL 16 CONDITION WHICH MAY LIMIT THE INDIVIDUAL'S ABILITY TO PARTICIPATE IN 17 WORK ACTIVITIES OR NOTIFYING THE DISTRICT THAT HE OR SHE HAS BECOME 18 EXEMPT FROM THE REQUIREMENTS OF THIS TITLE. 19 6. CONSISTENT WITH FEDERAL LAW AND REGULATION AND THIS TITLE, NO 20 NOTICE SHALL BE ISSUED AS SPECIFIED IN SUBDIVISION TWO OF THIS SECTION 21 UNLESS IT HAS BEEN DETERMINED THAT THE INDIVIDUAL IS NOT EXEMPT FROM THE 22 REQUIREMENTS OF THIS TITLE AND HAS DETERMINED THAT APPROPRIATE CHILD 23 CARE, TRANSPORTATION AND ACCOMMODATIONS FOR DISABILITY WERE IN PLACE AT 24 THE TIME OF SUCH FAILURE OR REFUSAL TO COMPLY WITH THE REQUIREMENTS OF 25 THIS TITLE AND NO ACTION SHALL BE TAKEN PURSUANT TO THIS SECTION FOR 26 FAILURE TO PARTICIPATE IN THE PROGRAM OR REFUSAL TO ACCEPT EMPLOYMENT 27 IF: 28 (A) CHILD CARE FOR A CHILD UNDER AGE THIRTEEN (OR DAY CARE FOR ANY 29 INCAPACITATED INDIVIDUAL LIVING IN THE SAME HOME AS A DEPENDENT CHILD) 30 IS NECESSARY FOR AN INDIVIDUAL TO PARTICIPATE OR CONTINUE PARTICIPATION 31 IN ACTIVITIES PURSUANT TO THIS TITLE OR ACCEPT EMPLOYMENT AND SUCH CARE 32 IS NOT AVAILABLE AND THE SOCIAL SERVICES DISTRICT FAILS TO PROVIDE SUCH 33 CARE; 34 (B) (1) THE EMPLOYMENT WOULD RESULT IN THE FAMILY OF THE PARTICIPANT 35 EXPERIENCING A NET LOSS OF CASH INCOME; PROVIDED, HOWEVER, A PARTICIPANT 36 MAY NOT CLAIM GOOD CAUSE UNDER THIS PARAGRAPH IF THE SOCIAL SERVICES 37 DISTRICT ASSURES THAT THE FAMILY WILL NOT EXPERIENCE A NET LOSS OF CASH 38 INCOME BY MAKING A SUPPLEMENTAL PAYMENT; 39 (2) NET LOSS OF CASH INCOME RESULTS IF THE FAMILY'S GROSS INCOME LESS 40 NECESSARY WORK-RELATED EXPENSES IS LESS THAN THE CASH ASSISTANCE THE 41 PARTICIPANT WAS RECEIVING AT THE TIME THE OFFER OF EMPLOYMENT IS MADE; 42 OR 43 (C) THE PARTICIPANT MEETS OTHER GROUNDS FOR GOOD CAUSE SET FORTH BY 44 THE DEPARTMENT IN ITS IMPLEMENTATION PLAN FOR THIS TITLE WHICH, AT A 45 MINIMUM, MUST DESCRIBE WHAT CIRCUMSTANCES BEYOND THE HOUSEHOLD'S CONTROL 46 WILL CONSTITUTE "GOOD CAUSE". 47 S 2. Section 341 of the social services law is amended by adding a new 48 subdivision 7 to read as follows: 49 7. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO PERSONS WHO ARE 50 RESIDENTS OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE PEOPLE. 51 S 3. The social services law is amended by adding a new section 342-a 52 to read as follows: 53 S 342-A. NONCOMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE. 1. THE 54 PROVISIONS OF THIS SECTION SHALL APPLY TO PERSONS WHO ARE RESIDENTS OF A 55 CITY HAVING A POPULATION OF ONE MILLION OR MORE PEOPLE. S. 4830--A 4 1 2. IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION AN INDIVIDUAL WHO 2 IS REQUIRED TO PARTICIPATE IN WORK ACTIVITIES SHALL BE INELIGIBLE TO 3 RECEIVE PUBLIC ASSISTANCE IF HE OR SHE FAILS TO COMPLY, WITHOUT GOOD 4 CAUSE, WITH THE REQUIREMENTS OF THIS TITLE AND THE DISTRICT HAS DETER- 5 MINED THAT HE OR SHE IS NOT EXEMPT FROM SUCH REQUIREMENTS AND HAS VERI- 6 FIED THAT APPROPRIATE CHILD CARE, TRANSPORTATION, AND ACCOMMODATIONS FOR 7 DISABILITY WERE IN PLACE AT THE TIME OF SUCH FAILURE OR REFUSAL. SUCH 8 INELIGIBILITY SHALL BE FOR THE AMOUNT AND PERIOD SPECIFIED IN THIS 9 SECTION. GOOD CAUSE FOR FAILING TO COMPLY WITH THE REQUIREMENTS OF THIS 10 TITLE SHALL BE DEFINED IN DEPARTMENT REGULATIONS, PROVIDED, HOWEVER, 11 THAT THE PARENT OR CARETAKER RELATIVE OF A CHILD UNDER THIRTEEN YEARS OF 12 AGE SHALL NOT BE SUBJECT TO THE INELIGIBILITY PROVISIONS OF THIS SECTION 13 IF THE INDIVIDUAL CAN DEMONSTRATE, IN ACCORDANCE WITH THE REGULATIONS OF 14 THE OFFICE OF CHILDREN AND FAMILY SERVICES, THAT LACK OF AVAILABLE CHILD 15 CARE PREVENTS SUCH INDIVIDUAL FROM COMPLYING WITH THE WORK REQUIREMENTS 16 OF THIS TITLE. THE PARENT OR CARETAKER RELATIVE SHALL BE RESPONSIBLE FOR 17 LOCATING THE CHILD CARE NEEDED TO MEET THE WORK REQUIREMENTS; PROVIDED, 18 HOWEVER, THAT THE RELEVANT SOCIAL SERVICES DISTRICT SHALL PROVIDE A 19 PARENT OR CARETAKER RELATIVE WHO DEMONSTRATES AN INABILITY TO OBTAIN 20 NEEDED CHILD CARE WITH A CHOICE OF TWO PROVIDERS, AT LEAST ONE OF WHICH 21 WILL BE A REGULATED PROVIDER. 22 3. IN THE CASE OF AN APPLICANT FOR OR RECIPIENT OF PUBLIC ASSISTANCE 23 WHOM THE DISTRICT HAS DETERMINED IS NOT EXEMPT FROM THE REQUIREMENTS OF 24 THIS TITLE AND WHO IS A PARENT OR CARETAKER OF A DEPENDENT CHILD, THE 25 PUBLIC ASSISTANCE BENEFITS OTHERWISE AVAILABLE TO THE HOUSEHOLD OF WHICH 26 SUCH INDIVIDUAL IS A MEMBER SHALL BE REDUCED PRO-RATA UNTIL THE INDIVID- 27 UAL IS WILLING TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE CONSISTENT 28 WITH ANY MEDICAL CONDITION WHICH MAY LIMIT THE INDIVIDUAL'S ABILITY TO 29 PARTICIPATE IN WORK ACTIVITIES. 30 4. IN THE CASE OF AN INDIVIDUAL WHO IS A MEMBER OF A HOUSEHOLD WITHOUT 31 DEPENDENT CHILDREN WHOM THE DISTRICT HAS DETERMINED IS NOT EXEMPT FROM 32 THE REQUIREMENTS OF THIS TITLE AND WHO IS APPLYING FOR OR IN RECEIPT OF 33 SAFETY NET ASSISTANCE, THE PUBLIC ASSISTANCE BENEFITS OTHERWISE AVAIL- 34 ABLE TO THE HOUSEHOLD OF WHICH SUCH INDIVIDUAL IS A MEMBER SHALL BE 35 REDUCED PRO-RATA UNTIL THE FAILURE OR REFUSAL TO COMPLY WITH THE 36 REQUIREMENTS OF THIS TITLE CONSISTENT WITH ANY MEDICAL CONDITION WHICH 37 MAY LIMIT THE INDIVIDUAL'S ABILITY TO PARTICIPATE IN WORK ACTIVITIES 38 CEASES. 39 5. A RECIPIENT OF PUBLIC ASSISTANCE WHOM THE DISTRICT HAS DETERMINED 40 IS NOT EXEMPT FROM THE REQUIREMENTS OF THIS TITLE AND WHO QUITS OR 41 REDUCES HIS HOURS OF EMPLOYMENT WITHOUT GOOD CAUSE OR DUE TO ANY MEDICAL 42 CONDITION WHICH MAY LIMIT THE INDIVIDUAL'S ABILITY TO PARTICIPATE IN 43 WORK ACTIVITIES SHALL BE CONSIDERED TO HAVE FAILED TO COMPLY WITH THE 44 REQUIREMENTS OF THIS ARTICLE AND SHALL BE SUBJECT TO THE PROVISIONS OF 45 THIS SECTION. 46 6. A PERSON DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION SEVEN OF SECTION 47 ONE HUNDRED FIFTY-NINE OF THIS CHAPTER MAY NOT BE SANCTIONED IF HIS OR 48 HER FAILURE TO COMPLY WITH REQUIREMENTS OF THIS TITLE IS RELATED TO HIS 49 OR HER HEALTH STATUS. 50 S 4. Section 342 of the social services law is amended by adding a new 51 subdivision 6 to read as follows: 52 6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO PERSONS WHO ARE 53 RESIDENTS OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE PEOPLE. 54 S 5. This act shall take effect immediately.