S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2036
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M.  of  A.  CRUZ,  ABINANTI, FRONTUS, FERNANDEZ, WEPRIN,
   PICHARDO,  RODRIGUEZ,  AUBRY,  SEAWRIGHT,  BARRON,  DICKENS,  HYNDMAN,
   L. ROSENTHAL,  NOLAN  --  read  once  and referred to the Committee on
   Social Services
 
 AN ACT to amend the social services law, in relation to  assistance  for
   burial arrangements

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 3 and 4 of section 141 of the social  services
 law, subdivision 3 as added by chapter 772 of the laws of 1958, subpara-
 graphs  1  and 2 of paragraph (a) of subdivision 3 as amended by chapter
 110 of the laws of 1971, paragraph (b) of subdivision 3  as  amended  by
 chapter  342 of the laws of 1965, subdivision 4 as added by chapter 1080
 of the laws of 1974, are amended and a new subdivision  7  is  added  to
 read as follows:
   3.  (a)  When burial arrangements for a recipient of public assistance
 or care are made by relatives or friends of the deceased and the expense
 of such burial does not exceed  the  amount  fixed  by  the  appropriate
 public  welfare  official  or  the  local appropriating body for similar
 burials in similar circumstances, such public welfare official may:
   (1) if such relatives or friends were required to pay the  expense  of
 such  burial  in  order  to arrange the same, wholly or partly reimburse
 them, from assets transferred or assigned to such social services  offi-
 cial  by  or on behalf of the deceased recipient; but he shall not reim-
 burse a legally responsible relative of the deceased for any part of the
 amount paid by him which in the judgment of such social  services  offi-
 cial  such relative is able to bear; nor shall such official expend from
 such assets for such purpose more than is permitted by  or  pursuant  to
 this  section,  other  provisions of this chapter and regulations of the
 department. THE REIMBURSEMENT  BENEFIT  PURSUANT  TO  THIS  SUBPARAGRAPH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06168-01-1
              

 A. 2036                             2
 
 SHALL  NOT  BE  LESS THAN THREE THOUSAND DOLLARS OR EXCEED FOUR THOUSAND
 DOLLARS.
   (2)  pay part of the expense of such burial, if, and to the extent and
 under the circumstances, permitted by his local policy, which shall  not
 be  inconsistent  with  this chapter, and the regulations of the depart-
 ment; but in no case shall such social services official pay  more  than
 the  balance remaining to be paid after the total of the amounts paid or
 to be paid by all other sources, including payments made or to  be  made
 by  such  legally  responsible  relatives  of the deceased as are in the
 judgment of such official able to bear the  same,  is  credited  to  and
 deducted from such expense.
   (b) In no case shall a public welfare official expend, pursuant to the
 provisions  of  this section or any other provision of this chapter, for
 the burial of a recipient of public  assistance  or  care,  from  assets
 transferred  or  assigned  to  him by or on behalf of such recipient, an
 amount which shall be LESS THAN THREE THOUSAND DOLLARS OR in  excess  of
 [five hundred] FOUR THOUSAND dollars.
   4. For purposes of this section, the term "recipient of public assist-
 ance  and  care"  shall include persons [receiving] ELIGIBLE FOR federal
 supplemental security income benefits pursuant to title sixteen  of  the
 federal social security act [and/or], additional state payments pursuant
 to  title  six of article five of this chapter AND/OR IF SUCH PERSON CAN
 OTHERWISE DEMONSTRATE AN INABILITY TO PAY AS DETERMINED BY  THE  COMMIS-
 SIONER. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE ELIGI-
 BILITY  OF  A  PERSON TO RECEIVE BENEFITS PURSUANT TO THIS SECTION SHALL
 NOT TAKE INTO ACCOUNT THE IMMIGRATION STATUS OF SUCH PERSON.
   7. NOTWITHSTANDING ANY PROVISION OF LAW  TO  THE  CONTRARY,  DURING  A
 STATE  DISASTER EMERGENCY, AS DEFINED IN SECTION TWENTY OF THE EXECUTIVE
 LAW, NO REIMBURSEMENT PAYMENTS SHALL BE MADE  PURSUANT  TO  SUBPARAGRAPH
 ONE OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION AND ALL APPLI-
 CATIONS  FOR  ASSISTANCE  PURSUANT  TO  THIS SECTION SHALL BE PROCESSED,
 APPROVED OR DENIED, AND DIRECT PAYMENT MADE TO THE FUNERAL  FIRM,  CEME-
 TERY  ORGANIZATION  OR  BUSINESS  OPERATING  A CREMATORY, COLUMBARIUM OR
 OTHER BUSINESS, WHO ALSO CONTROLS THE DISPOSITION OF REMAINS, AS  APPLI-
 CABLE, WITHIN FIFTEEN DAYS.
   § 2. This act shall take effect immediately.