BILL NUMBER: S4417A
SPONSOR: MAY
 
TITLE OF BILL:
An act to amend the social services law, in relation to conciliation and
non-compliance with public assistance employment; and to repeal certain
provisions of such law relating thereto
 
PURPOSE:
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 activities and facilitates the transition
from welfare to work.
 
SUMMARY OF 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 reengagement notice shall guarantee the right of a partic-
ipant 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 require-
ments, give reasons for default or demonstrates exemption at a concil-
iation conference. Such notice shall provide the participant with ten
days to request re-engagement and indicate the district has verified the
availability of child care, transportation and accommodations for disa-
bility at the time of default. It is further provided that if a partic-
ipant does not agree to comply, is not exempt or the district determines
that the default was willful and without 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
sanction. Amends Section 341 of the Social Services Law to establish a
written 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 eliminate durational
sanctions.
 
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 durations.
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 other public assistance guaranteed by
the State constitution. When these payments are revoked, it leads to
hunger in families an- often leads to the commencement 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 goat 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.
 
FISCAL IMPLICATIONS:
Undetermined.
 
EFFECTIVE DATE:
This act shall take effect on the first of April next succeeding the
date on which it shall have become a law.

Statutes affected:
S4417: 341 social services law, 341-a social services law, 342 social services law, 342-a social services law, 332-b social services law, 332-b(6) social services law
S4417A: 341 social services law, 341-a social services law, 342 social services law, 342-a social services law, 332-b social services law, 332-b(6) social services law