S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11063
 
                           I N  A S S E M B L Y
 
                              October 7, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Bronson) --
   read once and referred to the Committee on Children and Families
 
 AN ACT to amend the state finance law, in  relation  to  evaluating  the
   effects  adjustments  or  reductions  to the state budget will have on
   reducing child poverty in New  York  state;  to  establish  the  child
   poverty  reduction advisory council to effectuate a reduction in child
   poverty in the state; 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. Legislative Findings. The Legislature hereby declares  that
 New York shall reduce the overall child poverty rate by fifty percent in
 the  next ten years. Nearly 3 million New Yorkers are living in poverty,
 895,000 of which are children. In fact, 1 in 5 New York children  strug-
 gle  to  meet basic needs, and although several efforts have been under-
 taken, the overall poverty  rate  in  New  York  has  failed  to  see  a
 reduction  over  the  last  decade.  Meanwhile,  the  federal government
 continues to slash those benefits that have been shown to have  positive
 impacts  on  lifting  children  and  their  families out of poverty. The
 Legislature finds that reducing child poverty will  protect  the  health
 and  general  wellbeing of all New Yorkers and lead to long term savings
 for New York's budget. To effectuate this reduction, the  child  poverty
 reduction  advisory  council  shall  be  established  to research policy
 ideas, develop best practices, and continually monitor  relevant  bench-
 marks  to  ensure  that  New York remains on pace to successfully reduce
 child poverty by fifty percent in ten years.
   § 2. Subdivision 7 of section 23 of the state finance law  is  amended
 by adding a new paragraph g to read as follows:
   G. PRIOR TO MAKING ANY SUCH ADJUSTMENT OR REDUCTION AUTHORIZED BY THIS
 SUBDIVISION  THE  DIRECTOR OF THE BUDGET SHALL EVALUATE THE EFFECTS THAT
 SUCH REDUCTIONS WILL HAVE ON CHILD POVERTY IN NEW YORK  AND  SHALL  MAKE
 SUCH EVALUATION AVAILABLE TO THE PUBLIC.
   §  3.  Advisory  council established. (a) To effectuate a reduction in
 child poverty in the state, there  is  hereby  established  an  advisory
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD17369-01-0

 A. 11063                            2
 
 council,  to be known as the "child poverty reduction advisory council",
 hereafter referred to as the "advisory council".  The  advisory  council
 shall  carry out the required acts set forth in sections two and five of
 this  act,  as  well as any and all other additional factors, issues, or
 concerns, established and/or considered by the advisory council.
   (b) The advisory council shall be chaired by a representative  of  the
 executive  chamber  and  the  commissioner of the office of children and
 family services, or their designees. Ensuring adequate geographic repre-
 sentation, the advisory council shall  be  appointed  in  the  following
 manner:
   (i)  two  members shall be appointed by the temporary president of the
 senate;
   (ii) two members shall be appointed by the speaker of the assembly;
   (iii) two members shall be appointed by the commissioner of the office
 of children and family services;
   (iv) at least one member shall be appointed from each of the following
 entities:
   (1) the office of temporary and disability assistance;
   (2) the council of children and families;
   (3) the department of taxation and finance;
   (4) a regional economic development council;
   (5) a non-profit poverty advocacy organization; and
   (6) a non-profit organization with a focus on poverty issues; and
   (v) two persons who are directly impacted by poverty in the state.
   (c) The members of the advisory council shall receive no  compensation
 for  their  services  but  shall  be  allowed their actual and necessary
 expenses incurred in the performance of their  duties.  Members  of  the
 advisory  council  shall  be  considered public officers for purposes of
 section 17 of the public officers law.
   (d) The advisory council shall convene within sixty  days  after  this
 act  shall  have become law. A quorum shall consist of a majority of the
 members of the advisory council entitled to vote  on  the  matter  under
 consideration. Approval of any matter shall require the affirmative vote
 of  a majority of the members voting thereon. The advisory council shall
 adopt by-laws for the management and regulation of its affairs,  includ-
 ing  the creation of committees and subcommittees to effectuate the work
 required.
   § 4. Appointments to the advisory council. (a) The legislative leaders
 shall submit their appointments to the governor, and the governor  shall
 make  his  or her appointments, no later than forty-five days after this
 act becomes a law.
   (b) If any such appointment is not made by such date,  the  appointing
 official  may  make  the  appointment  after  that date, but such vacant
 appointment shall not count for the calculation of a quorum  until  such
 vacancy is filled.
   (c)  Any vacancies in the advisory council shall be filled in the same
 manner as the original appointment was made.
   § 5. Policy proposal review and recommendations. The advisory  council
 shall:
   (a)  develop  and  publish a timeline, inclusive of yearly benchmarks,
 for reducing child poverty in the state by fifty percent in  ten  years.
 Such timeline shall be made publicly available.
   (b)  review  the  following non-inclusive list of policy proposals and
 release a report  outlining  the  effect  that  the  enactment  of  such
 proposals would have on the rate of childhood poverty in New York:

 A. 11063                            3
 
   (i)  expanding  and strengthening the state's earned income tax credit
 to align with the state's minimum  wage  to  cover  individual  taxpayer
 identification  number filers and young, childless adults and to be paid
 out quarterly;
   (ii)  expanding  and  strengthening  the  state's  child tax credit to
 include young children, and to eliminate the minimum income threshold;
   (iii) expanding work training and employment programs in the state;
   (iv) expanding access to subsidized housing vouchers; and
   (v) expanding access to subsidized child care.
   (c) investigate the effects that  each  of  the  proposals  listed  in
 subdivision (b) of this section would have if enacted by itself, as well
 as  the  effect  the proposals would have if enacted in conjunction with
 the other proposals. The advisory council shall include the cost to  the
 state  related  to  the  implementation of such policies, as well as the
 projected savings in both the short and long term that  the  state  will
 realize by reducing poverty.
   (d)  review agency programs that can be modified, suspended, or other-
 wise changed to immediately reduce the child poverty rate.
   (e) deliver to the governor, the  speaker  of  the  assembly  and  the
 temporary  president  of  the  senate  reports  containing  the timeline
 required pursuant to subdivision (a) of this section, the review of  the
 policy  proposals  required pursuant to subdivision (b) of this section,
 the investigation of the effects of such policies pursuant  to  subdivi-
 sion  (c)  of  this  section  and the review of agency programs required
 pursuant to subdivision (d) of this section on or before six months from
 the date this act becomes a law.
   (f) develop recommendations for additional policies and procedures  to
 reduce the state's child poverty rate by fifty percent in ten years from
 the  date  that  this act becomes a law. In developing such policies and
 procedures, the advisory council shall be mindful of how  such  policies
 and  procedures fit into the timeline created in subdivision (a) of this
 section. In making such  recommendations,  the  advisory  council  shall
 consider:
   (i)  actions,  in  addition  to  those modifications, suspensions, and
 otherwise changed, that can be done  via  agencies  and  authorities  to
 begin to reduce the child poverty rate;
   (ii)  the  positive impacts that policies will have on work, marriage,
 opportunity for education, and social inclusion;
   (iii) the impacts that policies would have on racial injustice in  New
 York, being mindful that such proposals should not add to current racial
 disparities;
   (iv) policies and programs that are tied to work;
   (v)  policies and programs that increase access to safety net programs
 for immigrants and for undocumented persons; and
   (vi) contextual factors that may impact a family, parent,  or  child's
 ability to stay above the poverty line, including, but not limited to:
   (1) stability and predictability of income;
   (2) equitable and ready access to programs;
   (3) equitable treatment across racial and ethnic groups;
   (4) positive neighborhood conditions; and
   (5) the individual health and well-being of the parents and children.
   (vii)  the  cost  to  the state, including the short-term costs of the
 programs and the long-term savings from having such programs in place.
   (g) deliver to the governor, the  speaker  of  the  assembly  and  the
 temporary  president  of  the senate the recommendations of the advisory

 A. 11063                            4
 
 council as required pursuant to subdivision (f) of this  section  on  or
 before one year after the date this act becomes a law.
   (h)  release  bi-annual  reports  starting June 1, 2021, detailing the
 progress that the state has made in reducing the child poverty  rate  in
 line with the recommendations set forth in this section.
   (i) collaborate with experts in the field of poverty research, utilize
 available  data  from  other  relevant statewide studies of poverty, and
 solicit input from stakeholder interests including, but not  limited  to
 persons  impacted by poverty, non-profit organizations that assist those
 living in poverty, individuals or organizations that work to end  racial
 disparities  in  New York, and child poverty advocacy organizations. The
 advisory council shall also conduct formal public hearings, which  shall
 take place in at least four regions, as defined by empire state develop-
 ment  corporation,  and shall be offered during non-traditional hours to
 allow for persons unable to normally testify due to work requirements to
 so testify.
   § 6. Implementation of recommendations. Notwithstanding  any  contrary
 provision  of  law,  rule,  or regulation to the contrary, agencies with
 programs that have been identified as having current programs  that  can
 be modified to cut the child poverty rate, shall take all actions neces-
 sary to implement, in a reasonable, cost-efficient manner, the recommen-
 dations  of  the  advisory council pursuant to section five of this act;
 provided, however, that the recommendations of the advisory council  may
 be  overridden  by  a concurrent resolution to be voted on within forty-
 five days of such report being submitted pursuant  to  section  five  of
 this act and passed by both houses of the legislature.
   §  7.  Advisory council staff and agency liaison. (a) The commissioner
 of the department of children and family services shall  designate  such
 employees  of  the  department  of  children  and family services as are
 reasonably necessary to provide support services to the  advisory  coun-
 cil.  The advisory council, acting by the chair of the advisory council,
 may  employ  additional  staff  and  consultants, who shall be paid from
 amounts made available to the advisory council for such purpose.
   (b) All state agencies, public authorities, and public benefit  corpo-
 rations  shall provide such assistance as may be reasonably requested by
 the chair of the advisory council.
   § 8. Deliberations of the advisory council. The  deliberations,  meet-
 ings  and other proceedings of the advisory council and any committee or
 subcommittee thereof shall be governed by article 7 of the public  offi-
 cers  law.  Any  one  or more members of a committee or subcommittee may
 participate in a meeting of such committee or subcommittee by means of a
 conference telephone, conference video or similar communication or elec-
 tronic  communication,  provided  that  such  communication  allows  all
 persons  participating  in  the  meeting,  and all persons observing the
 meeting, including members of the public, to hear each other at the same
 time. Participation by such means shall constitute presence at  a  meet-
 ing.  If a meeting other than an executive session is to be conducted by
 means of a conference telephone, conference video  or  similar  communi-
 cation  or  electronic communication, the public notice for such meeting
 shall inform the public that such equipment will be  used,  and  further
 identify the means by which the public may listen to such meeting.
   § 9. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section,  or  part  of this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section

 A. 11063                            5
 
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   §  10.  This act shall take effect immediately and shall expire and be
 deemed repealed ten years after such effective date; provided,  however,
 that  the amendments to subdivision 7 of section 23 of the state finance
 law made by section two of this act shall not affect the repeal of  such
 subdivision and shall be deemed repealed therewith.