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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4250
SPONSOR: Wright (MS) TITLE OF BILL: 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 popu-
lation of one million or more persons
PURPOSE OR GENERAL IDEA OF BILL: The bill enables local districts to
promote re-engagement of welfare recipients in welfare work activities
to either avoid or end sanctions. This bill shifts the focus of the
local district to re-engaging clients as soon as possible in work activ-
ities and facilitates the transition from welfare to work.
SUMMARY OF SPECIFIC PROVISIONS: Amends Section 341 of the Social
Services Law to require agency to determine if there is an exemption,
lack of child care or transportation or an accommodation for disability
before issuing a re-engagement notice. Such re-engagement notice shall
guarantee the right of a participant to participate in a re-engagement
process and avoid a pro-rata reduction in public assistance benefits.
Such process shall mean the process through which the participant agrees
to comply with any requirements, give reasons for default or demon-
strates exemption at a conciliation conference. Such notice shall
provide the participant with ten days to request re-engagement and indi-
cate the district has verified the availability of child care, transpor-
tation and accommodations for disability at the time of default. It is
further provided that if a participant does not agree to comply, is not
exempt or the district determines that the default was willful and with-
out good cause, ten days notice of intent shall be issued to discontinue
or reduce benefits. Such notice shall include the verifications listed
above, actions necessary to avoid discontinuance or reduction, including
agreeing to comply, and the right to a fair hearing.
Amends Section 341 of the Social Services Law to prohibit sanction
during the re-engagement process and establish that if person is other-
wise participating in work activities, then there should be no sanction
based on single infraction.
Amends Section 341 of the Social Service Law to retain conciliation, but
only as the most formal tool that a client could use to avoid a sanc-
tion. Amends Section 341 of the Social Services Law to establish a writ-
ten reminder of ability to comply after 30 days of non-compliance.
Amends Section 341 of the Social Services Law to institute the right to
cure by client either agreeing to comply or notifying the district of
their exemption.
Amends Section 342 of the Social Services Law to allow a person to
re-engaging their work activity sooner.
JUSTIFICATION: Currently, individuals receiving public assistance from
local social services districts may have their public assistance
payments reduced or stopped due to noncompliance with various rules
promulgated by the social services districts. These social services
districts currently implement these sanctions for certain specific dura-
tions.
These sanctions are punitive to the most at-risk and vulnerable members
of our society. When implemented, they remove the client's ability to
afford food, housing and various necessities. When these payments are
revoked, it leads to hunger in families an- often leads to the commence-
ment of eviction proceedings, which then increases the client's reliance
on the social services safety net due to their need for emergency food
and shelter.
Under the current process, even where the client misses just one
appointment, the local social services district is required to expend
time and resources focused on sanctioning the client rather than re-en-
gaging the client in work activities as soon as possible. Not only would
this bill enable the local social services districts to focus time and
resources on the key goal of engagement, it would assist clients in
keeping on track with their work activities.
This bill allows for a more streamlined conciliation process by focusing
on re-engaging the client.
PRIOR LEGISLATIVE HISTORY: 2013A.2669-Refereed to Social Services
2011-2012 A.3423-A Referred to Social Services 2010 A.11409-Reported to
Codes
FISCAL IMPLICATIONS: Savings to the State.
EFFECTIVE DATE: This act shall take effect immediately.
