NY State Senate Bill 2025-S890

Current 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 08, 2025	referred to social services

co-Sponsors

2025-S890 (ACTIVE) - Details

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
2021-2022: S2108
2023-2024: S471

2025-S890 (ACTIVE) - Summary

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

2025-S890 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S890

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

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

 
PURPOSE:

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 PROVISIONS:

Section 1 amends the social service law and the laws of 1958, 1965, and
1974, adding a new subdivision 7. The bill increases the existing mini-
mum benefit towards burial or cremation expenses to $3,000, with a buri-
al 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.

Section 2 states the act shall take effect immediately after the signing
of this bill into law.

 
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 are 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 a funeral home.

 
LEGISLATIVE HISTORY:

S.471 of 2023-2024; Referred to Social Services

S. 2108 of 2021-22; Referred to Social Services

S. 8276 of 2020; Referred to Social Services

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S890 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    890
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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]  SUCH  PUBLIC
 WELFARE  OFFICIAL  shall not reimburse a legally responsible relative of
 the deceased for any part of the amount  paid  by  [him]  SUCH  RELATIVE
 which  in the judgment of such social services official 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.

                                                            LBD02277-01-5
 S. 890                              2
 
   (2) pay part of the expense of such burial, if, and to the extent  and
 under  the  circumstances,  permitted by [his] SUCH PUBLIC WELFARE OFFI-
 CIAL'S local policy, which shall not be inconsistent with this  chapter,
 and  the regulations of the department; 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 rela-
 tives 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] SUCH PUBLIC WELFARE OFFICIAL by or on
 behalf of such recipient, an amount which shall be LESS THAN THREE THOU-
 SAND 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 S890

Sponsored By

Current Bill Status - In Senate Committee Social Services Committee

co-Sponsors

2025-S890 (ACTIVE) - Details

2025-S890 (ACTIVE) - Summary

2025-S890 (ACTIVE) - Sponsor Memo

2025-S890 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S890

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Sponsored By

Luis R. Sepúlveda

Current Bill Status - In Senate Committee Social Services Committee

co-Sponsors

Zellnor Myrie

Gustavo Rivera

2025-S890 (ACTIVE) - Details

2025-S890 (ACTIVE) - Summary

2025-S890 (ACTIVE) - Sponsor Memo

2025-S890 (ACTIVE) - Bill Text download pdf

Comments