S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1997
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Social Services
 
 AN ACT to amend the executive law, the general municipal  law,  and  the
   public authorities law, in relation to providing eligibility for state
   or local public benefits regardless of immigration status

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  170-d
 to read as follows:
   §  170-D. ELIGIBILITY FOR STATE OR LOCAL PUBLIC BENEFITS REGARDLESS OF
 IMMIGRATION STATUS. A STATE AGENCY MAY, AT ITS DISCRETION, PROVIDE STATE
 OR LOCAL PUBLIC BENEFITS, AS DEFINED BY THE FEDERAL  PERSONAL  RESPONSI-
 BILITY  AND  WORK  OPPORTUNITY  RECONCILIATION  ACT 8 U.S.C. 1621 OR ANY
 SUCCESSOR PROVISION, TO PERSONS WHO, BUT FOR SUCH FEDERAL LAW  RESTRICT-
 ING  ELIGIBILITY FOR SUCH BENEFITS BASED ON IMMIGRATION STATUS, WOULD BE
 OTHERWISE ELIGIBLE FOR SUCH BENEFITS FROM SUCH AGENCY.  FOR THE PURPOSES
 OF THIS SECTION, A "STATE AGENCY" SHALL  MEAN  ANY  DEPARTMENT,  BUREAU,
 COMMISSION, BOARD, DIVISION, OFFICE, OR AGENCY OF THE STATE.
   §  2.  The  general  municipal  law is amended by adding a new section
 99-h-1 to read as follows:
   § 99-H-1. ELIGIBILITY FOR STATE OR LOCAL BENEFITS REGARDLESS OF  IMMI-
 GRATION  STATUS. A MUNICIPAL CORPORATION MAY, AT ITS DISCRETION, PROVIDE
 STATE OR LOCAL PUBLIC BENEFITS,  AS  DEFINED  BY  THE  FEDERAL  PERSONAL
 RESPONSIBILITY  AND WORK OPPORTUNITY RECONCILIATION ACT 8 U.S.C. 1621 OR
 ANY SUCCESSOR PROVISION, TO  PERSONS  WHO,  BUT  FOR  SUCH  FEDERAL  LAW
 RESTRICTING  ELIGIBILITY  FOR SUCH BENEFITS BASED ON IMMIGRATION STATUS,
 WOULD BE OTHERWISE ELIGIBLE FOR SUCH BENEFITS FROM SUCH MUNICIPAL CORPO-
 RATION. FOR PURPOSES OF THIS SECTION, A  "MUNICIPAL  CORPORATION"  SHALL
 MEAN A COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT, OR BOARD OF COOPER-
 ATIVE  EDUCATIONAL SERVICES OF THIS STATE OR A BOARD OF HIGHER EDUCATION
 IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03256-01-1

 A. 1997                             2
 
   § 3. Article 9 of the public authorities law is amended  by  adding  a
 new title 13 to read as follows:
                                  TITLE 13
                      STATE OR LOCAL PUBLIC BENEFITS
 SECTION 2988.  ELIGIBILITY FOR STATE OR LOCAL PUBLIC BENEFITS REGARDLESS
                 OF IMMIGRATION STATUS.
   § 2988. ELIGIBILITY FOR STATE OR LOCAL PUBLIC BENEFITS  REGARDLESS  OF
 IMMIGRATION  STATUS.  A  STATE  AUTHORITY OR LOCAL AUTHORITY MAY, AT ITS
 DISCRETION, PROVIDE STATE OR LOCAL PUBLIC BENEFITS, AS  DEFINED  BY  THE
 FEDERAL  PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT
 8 U.S.C. 1621 OR ANY SUCCESSOR PROVISION, TO PERSONS WHO, BUT  FOR  SUCH
 FEDERAL  LAW  RESTRICTING  ELIGIBILITY  FOR SUCH BENEFITS BASED ON IMMI-
 GRATION STATUS, WOULD BE OTHERWISE ELIGIBLE FOR SUCH BENEFITS FROM  SUCH
 STATE OR LOCAL AUTHORITY.
   § 4. This act shall take effect immediately.