BILL NUMBER: S5167

SPONSOR: PERSAUD
 
TITLE OF BILL:  An act to amend the executive law, the general munici-
pal law, and the public authorities law, in relation to providing eligi-
bility for state or local public benefits regardless of immigration
status

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to provide the state and municipalities with
the discretion to offer certain local public benefits necessary to
ensure the health, welfare and safety of any individual who would other-
wise be deemed eligible absent federal law restricting eligibility due
to immigration status.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds a new section 170-c to the executive law to
allow a state agency, at its discretion, to provide state or local
public benefits defined pursuant to the federal Personal Responsibility
              

and Work Opportunity Reconciliation Act (18 U.S.C. 1621) and other
provisions to persons who would otherwise be eligible absent federal law
restricting eligibility based on immigration status. Provides definition
of state agency.

Section 2 adds a new section 99-h-1 to the general municipal law to
allow a municipal corporation, at its discretion, to provide state or
local public benefits defined pursuant to the federal Personal Responsi-
bility and Work Opportunity Reconciliation Act (18 U.S.C.  1621) and
other provisions to persons who would otherwise be eligible absent
federal law restricting eligibility based on immigration status.
Provides definition of municipal corporation.

Section 3 adds a new title 13 to article 9 of the public authorities law
to allow a state or local authority, at its discretion, to provide state
or local public benefits defined pursuant to the federal Personal
Responsibility and Work Opportunity Reconciliation Act (18 U.S.C. 1621)
and other provisions to persons who would otherwise be eligible absent
federal law restricting eligibility based on immigration status.

Section 4 provides for an immediate effective date.

 
JUSTIFICATION:

This legislation would authorize the City of New York, other localities
and the State of New York to provide certain public benefits and
services to New Yorkers who would otherwise be eligible absent federal
laws to the contrary.

At present, states are authorized to provide a range of services to
individuals regardless of status, including: adult and child protective
services, mental health interventions, shelter, medical care (with
certain exceptions such as organ transplants), disaster relief as well
as services and programs for victims of human trafficking. States and
localities are severely constrained from offering post-acute services
and programs directly related to the aforementioned emergency inter-
ventions already provided.

The offering of other "state or local public benefits" to those deemed
ineligible by federal law has been prohibited since enactment of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(PRWORA). The law provides, however, that after August 22, 1996, a state
may enact a law affirmatively providing for the eligibility for those
excluded by federal law (8 USC 1621).

New York State would not be the first to enact such a law. Currently,
California, Illinois, Texas and Florida have authorizations in place
whereby certain benefits ensuring health, welfare and safety are
provided to individuals, regardless of their immigration status. This is
not only the right thing to do, it is essential to ensure that vulner-
able New Yorkers lacking an authorized immigration status are able to
seek assistance and care that ultimately prevents additional costly
emergency interventions.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.