S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2488--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by  M. of A. HEVESI, REYES, GONZALEZ-ROJAS, DE LOS SANTOS --
   read once and referred to the Committee on Social Services  --  recom-
   mitted  to the Committee on Ways and Means in accordance with Assembly
   Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN  ACT  to  amend  the social services law, in relation to any unearned
   income of a child in certain circumstances
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of  subdivision 8 of section 131-a of the
 social services law is amended by adding a  new  subparagraph  (xiv)  to
 read as follows:
   (XIV)  ANY  UNEARNED  INCOME  OF A CHILD WHEN THE PARENT OR NON-PARENT
 CAREGIVER CHOOSES TO EXCLUDE  SUCH  CHILD  FROM  THE  PUBLIC  ASSISTANCE
 HOUSEHOLD   PURSUANT   TO   SUBDIVISION   ONE  OF  SECTION  ONE  HUNDRED
 THIRTY-ONE-C OF THIS ARTICLE.
   § 2. The section heading of section 131-c of the social services  law,
 as  added  by  chapter  42  of  the  laws of 1985, is amended to read as
 follows:
   Inclusion of parents [and siblings] of a minor in the  public  assist-
 ance household.
   §  3.  Subdivision  1  of section 131-c of the social services law, as
 added by chapter 42 of the laws of 1985, is amended to read as follows:
   1. For the purposes of determining eligibility for and the  amount  of
 assistance  payable, the social services district shall, when a minor is
 named as an applicant for public assistance, require  that  his  or  her
 parents  [and  minor brothers and sisters] also apply for assistance and
 be included in the household for purposes of determining eligibility and
 grant amounts, if such individuals reside in the same dwelling  unit  as
 the  minor  applying for assistance. Any income of or available for such
 parents, [brothers and sisters] which is not disregarded under  subdivi-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05019-02-3
              

 A. 2488--A                          2
 
 sion eight of section one hundred thirty-one-a of this article, shall be
 considered  available to such household. [The provisions of] A PARENT OR
 NON-PARENT CAREGIVER MAY CHOOSE TO EXCLUDE ANY OTHER CHILD  OR  CHILDREN
 RESIDING IN THE SAME DWELLING UNIT FROM THE PUBLIC ASSISTANCE HOUSEHOLD.
 NOTHING IN this [subdivision] CHAPTER shall [not apply to] REQUIRE indi-
 viduals who are recipients of federal supplemental security income bene-
 fits, or WHO RECEIVE additional state payments pursuant to this chapter,
 or  [to individuals] whose relationship to the minor is that of A BROTH-
 ER, SISTER, HALF-BROTHER, HALF-SISTER, stepbrother [or], stepsister,  OR
 COUSIN,  or [to] any other individuals whose needs are excluded pursuant
 to department regulations consistent with federal law  and  regulations,
 TO BE INCLUDED AS PART OF THE PUBLIC ASSISTANCE HOUSEHOLD.
   §  4.  This  act shall take effect either on the one hundred eightieth
 day after it shall have become a law or after the  commissioner  of  the
 office  of temporary and disability assistance certifies that the office
 has an  information  technology  system  capable  of  accommodating  the
 provisions  in  this  act,  whichever  shall  have  taken  place sooner;
 provided that the commissioner of the office of temporary and disability
 assistance shall notify the legislative bill drafting commission of  the
 date  of such certification in order that the commission may maintain an
 accurate and timely effective database of the official text of the  laws
 of  the  state of New York in furtherance of effectuating the provisions
 of section 44 of the legislative law and  section  70-b  of  the  public
 officers  law.    Effective  immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.