S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5538--A
     Cal. No. 182
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                May 6, 2019
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health and Develop-
   mental Disabilities -- recommitted to the Committee on  Mental  Health
   and  Developmental Disabilities in accordance with Senate Rule 6, sec.
   8 -- 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 directing the commissioner of the office for people with develop-
   mental disabilities to conduct a study on the feasibility of  allowing
   the use of debit cards for resident's cash accounts; and providing for
   the repeal of such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 1. The commissioner of the office for people with  develop-
 mental  disabilities shall conduct a study, in cooperation and consulta-
 tion with the comptroller's office, to determine the feasibility of such
 office authorizing the use of debit cards, as defined pursuant to subdi-
 vision 9 of section 511 of the general business law, for  cash  accounts
 of residents of facilities operated by such office to be used for facil-
 ities  and  service providers holding operating certificates pursuant to
 section 16.03 of the mental hygiene law.
   2. Such study shall include, but not be limited to, an examination  of
 whether  the use of debit cards for residents' cash accounts would be in
 conflict with any provisions of the state finance law  or  federal  law,
 the  impact  that  banking fees would have on the individual finances of
 each resident,  the  impact  that  banking  fees  would  have  on  state
 finances, and what effect would result from shifting funds from individ-
 uals  served by the office for people with developmental disabilities to
 the financial industry.
   3. Upon completion of such study, but no later than December 31, 2021,
 the commissioner of the office for people with  developmental  disabili-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11271-03-0

 S. 5538--A                          2
 
 ties  shall  issue  a  report based on the findings of such study to the
 governor, the temporary president of the  senate,  the  speaker  of  the
 assembly,  the commissioner of mental health, and the comptroller, which
 shall include, but not be limited to:
   (a) the findings of such study;
   (b) potential ways to resolve any conflicts with the state finance law
 and federal law;
   (c) viability and numbers of vendors in the marketplace; and
   (d)  any additional financial implications that authorizing the use of
 debit cards for residents' cash accounts would have  on  individuals  or
 the state.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed January 1, 2022.