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S04809 Summary:

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S04809 Committee Votes:

S04809 Floor Votes:

S04809 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4809--A
            Cal. No. 734
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                     March 26, 2019
                                       ___________
 
        Introduced  by Sens. PERSAUD, KRUEGER -- read twice and ordered printed,
          and when printed to be committed to the Committee on  Social  Services
          -- reported favorably from said committee and committed to the Commit-
          tee  on  Finance -- reported favorably from said committee, ordered to
          first report, amended on first report, ordered to a second report  and
          ordered reprinted, retaining its place in the order of second report
 
        AN  ACT  to  amend  the social services law, in relation to any unearned
          income of a child in certain circumstances
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  (a)  of  subdivision 8 of section 131-a of the
     2  social services law is amended by adding a new subparagraph (ix) to read
     3  as follows:
     4    (ix) any unearned income of a child  when  the  parent  or  non-parent
     5  caregiver  chooses  to  exclude  such  child  from the public assistance
     6  household  pursuant  to  subdivision  one   of   section   one   hundred
     7  thirty-one-c of this article.
     8    §  2. The section heading of section 131-c of the social services law,
     9  as added by chapter 42 of the laws  of  1985,  is  amended  to  read  as
    10  follows:
    11    Inclusion  of  parents [and siblings] of a minor in the public assist-
    12  ance household.
    13    § 3. Subdivision 1 of section 131-c of the  social  services  law,  as
    14  added by chapter 42 of the laws of 1985, is amended to read as follows:
    15    1.  For  the purposes of determining eligibility for and the amount of
    16  assistance payable, the social services district shall, when a minor  is
    17  named  as  an  applicant  for public assistance, require that his or her
    18  parents [and minor brothers and sisters] also apply for  assistance  and
    19  be included in the household for purposes of determining eligibility and
    20  grant  amounts,  if such individuals reside in the same dwelling unit as
    21  the minor applying for assistance. Any income of or available  for  such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01071-03-9
        S. 4809--A                          2
 
     1  parents,  [brothers and sisters] which is not disregarded under subdivi-
     2  sion eight of section one hundred thirty-one-a of this article, shall be
     3  considered available to such household. [The provisions of] A parent  or
     4  non-parent  caregiver  may choose to exclude any other child or children
     5  residing in the same dwelling unit from the public assistance household.
     6  Nothing in this [subdivision] chapter shall [not apply to] require indi-
     7  viduals who are recipients of federal supplemental security income bene-
     8  fits, or who receive additional state payments pursuant to this chapter,
     9  or [to individuals] whose relationship to the minor is that of a  broth-
    10  er,  sister, half-brother, half-sister, stepbrother [or], stepsister, or
    11  cousin, or [to] any other individuals whose needs are excluded  pursuant
    12  to  department  regulations consistent with federal law and regulations,
    13  to be included as part of the public assistance household.
    14    § 4. This act shall take effect either on the  one  hundred  eightieth
    15  day  after  it  shall have become a law or after the commissioner of the
    16  office of temporary and disability assistance certifies that the  office
    17  has  an  information  technology  system  capable  of  accommodating the
    18  provisions in  this  act,  whichever  shall  have  taken  place  sooner;
    19  provided that the commissioner of the office of temporary and disability
    20  assistance  shall notify the legislative bill drafting commission of the
    21  date of such certification in order that the commission may maintain  an
    22  accurate  and timely effective database of the official text of the laws
    23  of the state of New York in furtherance of effectuating  the  provisions
    24  of  section  44  of  the  legislative law and section 70-b of the public
    25  officers law.   Effective immediately, the  addition,  amendment  and/or
    26  repeal  of  any  rule  or regulation necessary for the implementation of
    27  this act on its effective date are authorized to be made  and  completed
    28  on or before such effective date.