NY State Senate Bill 2019-S4809

Archive: Last Bill Status - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 25, 2019	vetoed memo.164
Nov 19, 2019	delivered to governor
Jun 17, 2019	returned to senate passed assembly ordered to third reading rules cal.121 substituted for a4256a
Jun 14, 2019	referred to ways and means delivered to assembly passed senate
May 20, 2019	advanced to third reading
May 15, 2019	2nd report cal. amended 4809a
May 14, 2019	1st report cal.734
Apr 09, 2019	reported and committed to finance
Mar 26, 2019	referred to social services

Votes

- Jun 14, 2019 - Floor Vote
  S4809
  
  48
  
  Aye
  
  14
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2019
      
      aye (48)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Parker
      
      Persaud
      
      Ramos
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (14)
      
      Amedore
      
      Antonacci
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jacobs
      
      Jordan
      
      Ortt
      
      Ranzenhofer
      
      Serino
      
      Seward
      
      Tedisco
  Apr 9, 2019 - Social Services Committee Vote
  S4809
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Social Services Committee Vote: Apr 9, 2019
      
      aye (5)
      
      Kennedy
      
      Myrie
      
      Persaud
      
      Rivera
      
      Salazar
      
      aye wr (2)
      
      Serino
      
      Tedisco
  May 14, 2019 - Finance Committee Vote
  S4809
  
  16
  
  Aye
  
  4
  
  Nay
  
  2
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: May 14, 2019
      
      aye (16)
      
      Bailey
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Little
      
      Liu
      
      Montgomery
      
      Ritchie
      
      Rivera
      
      Savino
      
      Stavisky
      
      Thomas
      
      nay (4)
      
      Antonacci
      
      Ranzenhofer
      
      Robach
      
      Seward
      
      aye wr (2)
      
      LaValle
      
      Skoufis
      
      absent (1)
      
      Parker

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S4809 - Details

Law Section:: Social Services Law
Laws Affected:: Amd §§131-a & 131-c, Soc Serv L
Versions Introduced in 2017-2018 Legislative Session:: S6017

2019-S4809 - Summary

Relates to the unearned income of a child when the parent or non-parent caregiver chooses to exclude such child from the public assistance household.

2019-S4809 - Sponsor Memo

                                
 
BILL NUMBER: S4809

SPONSOR: PERSAUD
 
TITLE OF BILL:  An act to amend the social services law, in relation
to any unearned income of a child in certain circumstances

 
PURPOSE OF THE BILL:

This bill amends the Social Services Law (SSL) to permit caregivers to
exclude children with unearned income from the public assistance house-
hold.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends subdivision 8 of section 131a of the
social services law by adding a new paragraph, to allow a caregiver to
exclude any unearned income of a child from the public assistance house-
hold.

Section 2 of this bill would amend the heading of section 131-c of the
social services law.

Section 3 of this bill would amend subdivision 1 of section 131-c of the
social services law to prohibit the local social services district from
requiring any unearned income of a child from being considered as part
of the'public assistance household when a caregiver was applying for
assistance for another child in the same dwelling unit.

 
JUSTIFICATION:

The primary financial assistance available to kinship families is the
public assistance nonparent grant, commonly called a "child-only" grant.
Eligibility for this grant is based solely on a child's income when
parents are not present in the home. The unique trait of the grant is
that only the child's income and financial resources are supposed to be
counted in determining the eligibility for the grant.  Which means,
unless the child has their own source of income, and most do not, almost
all kin-care families should be receiving the grant. Unfortunately, that
is not the case. In fact, most kin-care families are not getting the
grant. In New York State, according to public assistance data, only 8
percent of potentially eligible children are receiving the non-parent
grant. Out of nearly 410,000 children in the state who live with grand-
parents or other relatives, only around 32,000 are receiving the grant.
That's only one in twelve of eligible children. Barriers exist that are
preventing eligible children from receiving their fair share of assist-
ance from this grant.

This bill addresses disparities that exist when a minor is named as an
applicant for public assistance. Current law requires parents and any
other minor siblings living in the home to also apply for assistance and
be included in the household for purposes of determining both eligibil-
ity and grant amount. This means that the income of any childo;such as
child support or social security survivor's benefits, is considered
available to the entire household, and reduces the entire grant of the
household, making far fewer resources available for the care of the
child applying for assistance, as well as any other children in the
household.


This bill amends the Social Services Law (SSL) to permit caregivers to
exclude children with unearned income from the public assistance house-
hold.

 
PRIOR LEGISLATIVE HISTORY:

2017-2018: S6017a (Avella) REFERRED TO SOCIAL SERVICES

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
The bill would be effective immediately.

2019-S4809 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4809
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 26, 2019
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services
 
 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:
 
   Section 1. Paragraph (a) of subdivision 8  of  section  131-a  of  the
 social services law is amended by adding a new subparagraph (ix) to read
 as follows:
   (IX)  ANY  UNEARNED  INCOME  OF  A CHILD WHEN THE PARENT OR NON-PARENT
 CAREGIVER CHOOSES TO EXCLUDE  SUCH  CHILD  FROM  THE  PUBLIC  ASSISTANCE
 HOUSEHOLD   PURSUANT   TO   SUBDIVISION   ONE  OF  SECTION  ONE  HUNDRED
 THIRTY-ONE-C OF THIS ARTICLE.
   § 2. The section heading of section 131-c of the social services  law,
 as  added  by  chapter  42  of  the  laws of 1985, is amended to read as
 follows:
   Inclusion of parents [and siblings] of a minor in the  public  assist-
 ance household.
   §  3.  Subdivision  1  of section 131-c of the social services law, as
 added by chapter 42 of the laws of 1985, is amended to read as follows:
   1. For the purposes of determining eligibility for and the  amount  of
 assistance  payable, the social services district shall, when a minor is
 named as an applicant for public assistance, require  that  his  or  her
 parents  [and  minor brothers and sisters] also apply for assistance and
 be included in the household for purposes of determining eligibility and
 grant amounts, if such individuals reside in the same dwelling  unit  as
 the  minor  applying for assistance. Any income of or available for such
 parents, [brothers and sisters] which is not disregarded under  subdivi-
 sion eight of section one hundred thirty-one-a of this article, shall be
 considered  available to such household. [The provisions of] A PARENT OR
 NON-PARENT CAREGIVER MAY CHOOSE TO EXCLUDE ANY OTHER CHILD  OR  CHILDREN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01071-01-9

 S. 4809                             2
 
 RESIDING IN THE SAME DWELLING UNIT FROM THE PUBLIC ASSISTANCE HOUSEHOLD.
 NOTHING IN this [subdivision] CHAPTER shall [not apply to] REQUIRE indi-
 viduals who are recipients of federal supplemental security income bene-
 fits, or WHO RECEIVE additional state payments pursuant to this chapter,
 or  [to individuals] whose relationship to the minor is that of A BROTH-
 ER, SISTER, HALF-BROTHER, HALF-SISTER, stepbrother [or], stepsister,  OR
 COUSIN,  or [to] any other individuals whose needs are excluded pursuant
 to department regulations consistent with federal law  and  regulations,
 TO BE INCLUDED AS PART OF THE PUBLIC ASSISTANCE HOUSEHOLD.
   § 4. This act shall take effect immediately.

co-Sponsors

2019-S4809A (ACTIVE) - Details

Law Section:: Social Services Law
Laws Affected:: Amd §§131-a & 131-c, Soc Serv L
Versions Introduced in 2017-2018 Legislative Session:: S6017

2019-S4809A (ACTIVE) - Summary

Relates to the unearned income of a child when the parent or non-parent caregiver chooses to exclude such child from the public assistance household.

2019-S4809A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4809A

SPONSOR: PERSAUD
 
TITLE OF BILL:  An act to amend the social services law, in relation
to any unearned income of a child in certain circumstances

 
PURPOSE OF THE BILL:  This bill amends the Social Services Law (SSL)
to permit caregivers to exclude children with unearned income from the
public assistance household.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends subdivision 8 of section 131a of the
social services law by adding a new paragraph, to allow a caregiver to
exclude any unearned income of a child from the public assistance house-
hold.

Section 2 of this bill would amend the heading of section 131-c of the
social services law.

Section 3 of this bill would amend subdivision 1 of section 131-c of the

social services law to prohibit the local social services district from
requiring any unearned income of a child from being considered as part
of the public assistance household when a caregiver was applying for
assistance for another child in the same dwelling unit.

 
JUSTIFICATION:

The primary financial assistance available to kinship families is the
public assistance nonparent grant, commonly called a "child-only" grant.
Eligibility for this grant is based solely on a child's income when
parents are not present in the home. The unique trait of the grant is
that only the child's income and financial resources are supposed to be
counted in determining the eligibility for the grant. Which means,
unless the child has their own source of income, and most do not, almost
all kin-care families should be receiving the grant. Unfortunately, that
is not the case. In fact, most kin-care families are not getting the
grant. In New York State, according to public assistance data, only 8
percent of potentially eligible children are receiving the non-parent
grant. Out of nearly 410,000 children in the state who live with grand-
parents or other relatives, only around 32,000 are receiving the grant.
That is only one in twelve of eligible children. Barriers exist that are
preventing eligible children from receiving their fair share of assist-
ance from this grant.

This bill addresses disparities that exist when a minor is named as an
applicant for public assistance. Current law requires parents and any
other minor siblings living in the home to also apply for assistance and
be included in the household for purposes of determining both eligibil-
ity and grant amount. This means that the income of any child, such as
child support or social security survivor's benefits, is considered
available to the entire household, and reduces the entire grant of the
household, making far fewer resources available for the care of the
child applying for assistance, as well as any other children in the
household.

This bill amends the Social Services Law (SSL) to permit caregivers to
exclude children with unearned income from the public assistance house-
hold.
 
PRIOR LEGISLATIVE HISTORY:

2017-2018: S6017-a/A8172

FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
180 days after becoming law or upon certification of information tech-
nology system capability from Commissioner of Office of Temporary and
Disability Assistance.

2019-S4809A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4809--A
     Cal. No. 734
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              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:
 
   Section  1.  Paragraph  (a)  of  subdivision 8 of section 131-a of the
 social services law is amended by adding a new subparagraph (ix) to read
 as follows:
   (IX) ANY UNEARNED INCOME OF A CHILD  WHEN  THE  PARENT  OR  NON-PARENT
 CAREGIVER  CHOOSES  TO  EXCLUDE  SUCH  CHILD  FROM THE PUBLIC ASSISTANCE
 HOUSEHOLD  PURSUANT  TO  SUBDIVISION  ONE   OF   SECTION   ONE   HUNDRED
 THIRTY-ONE-C OF THIS ARTICLE.
   §  2. The section heading of section 131-c of the social services law,
 as added by chapter 42 of the laws  of  1985,  is  amended  to  read  as
 follows:
   Inclusion  of  parents [and siblings] of a minor in the public assist-
 ance household.
   § 3. Subdivision 1 of section 131-c of the  social  services  law,  as
 added by chapter 42 of the laws of 1985, is amended to read as follows:
   1.  For  the purposes of determining eligibility for and the amount of
 assistance payable, the social services district shall, when a minor  is
 named  as  an  applicant  for public assistance, require that his or her
 parents [and minor brothers and sisters] also apply for  assistance  and
 be included in the household for purposes of determining eligibility and
 grant  amounts,  if such individuals reside in the same dwelling unit as
 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
 
 parents,  [brothers and sisters] which is not disregarded under subdivi-
 sion eight of section one hundred thirty-one-a of this article, shall be
 considered available to such household. [The provisions of] A PARENT  OR
 NON-PARENT  CAREGIVER  MAY CHOOSE TO EXCLUDE ANY OTHER CHILD OR CHILDREN
 RESIDING IN THE SAME DWELLING UNIT FROM THE PUBLIC ASSISTANCE HOUSEHOLD.
 NOTHING IN this [subdivision] CHAPTER shall [not apply to] REQUIRE indi-
 viduals who are recipients of federal supplemental security income bene-
 fits, or WHO RECEIVE additional state payments pursuant to this chapter,
 or [to individuals] whose relationship to the minor is that of A  BROTH-
 ER,  SISTER, HALF-BROTHER, HALF-SISTER, stepbrother [or], stepsister, OR
 COUSIN, or [to] any other individuals whose needs are excluded  pursuant
 to  department  regulations consistent with federal law and regulations,
 TO BE INCLUDED AS PART OF THE PUBLIC ASSISTANCE HOUSEHOLD.
   § 4. This act shall take effect either on the  one  hundred  eightieth
 day  after  it  shall have become a law or after the commissioner of the
 office of temporary and disability assistance certifies that the  office
 has  an  information  technology  system  capable  of  accommodating the
 provisions in  this  act,  whichever  shall  have  taken  place  sooner;
 provided that the commissioner of the office of temporary and disability
 assistance  shall notify the legislative bill drafting commission of the
 date of such certification in order that the commission may maintain  an
 accurate  and timely effective database of the official text of the laws
 of the state of New York in furtherance of effectuating  the  provisions
 of  section  44  of  the  legislative law and section 70-b of the public
 officers law.   Effective immediately, the  addition,  amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

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Senate Bill S4809

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Jun 14, 2019 - Floor Vote

Floor Vote: Jun 14, 2019

Apr 9, 2019 - Social Services Committee Vote

Social Services Committee Vote: Apr 9, 2019

May 14, 2019 - Finance Committee Vote

Finance Committee Vote: May 14, 2019

Bill Amendments

co-Sponsors

2019-S4809 - Details

2019-S4809 - Summary

2019-S4809 - Sponsor Memo

2019-S4809 - Bill Text download pdf

co-Sponsors

2019-S4809A (ACTIVE) - Details

2019-S4809A (ACTIVE) - Summary

2019-S4809A (ACTIVE) - Sponsor Memo

2019-S4809A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4809

Share this bill

Sponsored By

Roxanne J. Persaud

Archive: Last Bill Status - Vetoed by Governor

Bill Amendments

co-Sponsors

Liz Krueger

2019-S4809 - Details

2019-S4809 - Summary

2019-S4809 - Sponsor Memo

2019-S4809 - Bill Text download pdf

co-Sponsors

Liz Krueger

2019-S4809A (ACTIVE) - Details

2019-S4809A (ACTIVE) - Summary

2019-S4809A (ACTIVE) - Sponsor Memo

2019-S4809A (ACTIVE) - Bill Text download pdf

Comments