NY State Senate Bill 2021-S2108

Archive: Last Bill Status - In Senate Committee Social Services Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to social services
Jan 19, 2021	referred to social services

co-Sponsors

2021-S2108 (ACTIVE) - Details

See Assembly Version of this Bill:: A2036
Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Amd §141, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8276, A10366
2023-2024: S471

2021-S2108 (ACTIVE) - Summary

Expands the maximum benefit and eligibility requirements for financial assistance for burial arrangements; provides for expedited assistance during a state disaster emergency.

2021-S2108 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2108

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the social services law, in relation to assistance for
burial arrangements

 
PURPOSE OF BILL:

The purpose of this bill is to ensure that sufficient financial assist-
ance for burials and cremations is made available to qualifying rela-
tives of recently deceased individuals, regardless of their immigration
status.

 
SUMMARY OF SPECIFIC PROVISIONS:

The bill increases the existing minimum benefit towards burial or crema-
tion expenses to $3,000, with a burial or cremation expense cap set at
no more than $4,000. Additionally, it expands the qualifying individuals
to include anyone who would have otherwise financially qualified for SSI

or public assistance, regardless of immigration status.

This bill would also require that during a state of emergency or a
pandemic, processing for grant applications must be approved or denied
within 15 calendar days and payment made to the funeral home making the
arrangements for the family.

 
JUSTIFICATION:

This bill ensures that a financial hardship is not placed on families
already faced with the heartbreak of the death of a loved one. The cost
for burials has increased significantly over the years. For many fami-
lies, coming up with thousands of dollars to provide for a proper funer-
al service and burial is financially impossible.

While New York State law provides for financial assistance for the
funeral arrangements, burials, or cremation where the deceased or
requesting family member receives public assistance, the current law
does not account for the drastic increase in the costs. Many families
already face financial hardships and simply cannot afford to pay thou-
sands of dollars for a loved one's burial or cremation. The COVID-19
pandemic has presented an even greater challenge, as we have seen an
unprecedented number of families, many of them undocumented, faced with
the death of a loved one due to this virus. Many are unable to afford
the burial expenses and do not qualify for any help.  This bill will
expand qualifying individuals to include undocumented persons.

The current burial assistance law functions as a reimbursement, forcing
families to forward hundreds of dollars and wait months for repayment.
This bill will require that during a pandemic or a state of emergency,
all applications be processed within 15 calendar days and that payment
be made directly to funeral homes.

 
PRIOR LEGISLATIVE HISTORY:

S.8276 of 2020; Referred to Social Services

 
FISCAL IMPLICATIONS:
To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S2108 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2108
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2021
                                ___________
 
 Introduced by Sens. SEPULVEDA, BENJAMIN, MYRIE, RIVERA -- read twice and
   ordered  printed, and when printed to be committed 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
 SHALL  NOT  BE  LESS THAN THREE THOUSAND DOLLARS OR EXCEED FOUR THOUSAND
 DOLLARS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06168-01-1

 S. 2108                             2
 
   (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.

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Senate Bill S2108

Sponsored By

Archive: Last Bill Status - In Senate Committee Social Services Committee

co-Sponsors

2021-S2108 (ACTIVE) - Details

2021-S2108 (ACTIVE) - Summary

2021-S2108 (ACTIVE) - Sponsor Memo

2021-S2108 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2108

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Sponsored By

Luis R. Sepúlveda

Archive: Last Bill Status - In Senate Committee Social Services Committee

co-Sponsors

Brian Benjamin

Zellnor Myrie

Gustavo Rivera

2021-S2108 (ACTIVE) - Details

2021-S2108 (ACTIVE) - Summary

2021-S2108 (ACTIVE) - Sponsor Memo

2021-S2108 (ACTIVE) - Bill Text download pdf

Comments