Bill Text: NY A04256 | 2019-2020 | General Assembly | Amended

New York Assembly Bill 4256 (Prior Session Legislation)

Bill Title: Relates to the unearned income of a child when the parent or non-parent caregiver chooses to exclude such child from the public assistance household.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Vetoed) 2019-11-25 - VETOED MEMO.164 [A04256 Detail]

Download: New_York-2019-A04256-Amended.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                         4256--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 1, 2019
                                       ___________

        Introduced  by  M. of A. HEVESI, BARRON, AUBRY -- read once and referred
          to the Committee on Social Services -- reported and  referred  to  the
          Committee  on  Ways  and  Means -- 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:

     1    Section 1. Paragraph (a) of subdivision 8  of  section  131-a  of  the
     2  social services law is amended by adding a new subparagraph (ix) to read
     3  as follows:
     4    (ix)  any  unearned  income  of  a child when the parent or non-parent
     5  caregiver chooses to exclude  such  child  from  the  public  assistance
     6  household   pursuant   to   subdivision   one  of  section  one  hundred
     7  thirty-one-c of this article.
     8    § 2. The section heading of section 131-c of the social services  law,
     9  as  added  by  chapter  42  of  the  laws of 1985, is amended to read as
    10  follows:
    11    Inclusion of parents [and siblings] of a minor in the  public  assist-
    12  ance household.
    13    §  3.  Subdivision  1  of section 131-c of the social services law, as
    14  added by chapter 42 of the laws of 1985, is amended to read as follows:
    15    1. For the purposes of determining eligibility for and the  amount  of
    16  assistance  payable, the social services district shall, when a minor is
    17  named as an applicant for public assistance, require  that  his  or  her
    18  parents  [and  minor brothers and sisters] also apply for assistance and
    19  be included in the household for purposes of determining eligibility and
    20  grant amounts, if such individuals reside in the same dwelling  unit  as
    21  the  minor  applying for assistance. Any income of or available for such
    22  parents, [brothers and sisters] which is not disregarded under  subdivi-
    23  sion eight of section one hundred thirty-one-a of this article, shall be

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01071-02-9
        A. 4256--A                          2

     1  considered  available to such household. [The provisions of] A parent or
     2  non-parent caregiver may choose to exclude any other child  or  children
     3  residing in the same dwelling unit from the public assistance household.
     4  Nothing in this [subdivision] chapter shall [not apply to] require indi-
     5  viduals who are recipients of federal supplemental security income bene-
     6  fits, or who receive additional state payments pursuant to this chapter,
     7  or  [to individuals] whose relationship to the minor is that of a broth-
     8  er, sister, half-brother, half-sister, stepbrother [or], stepsister,  or
     9  cousin,  or [to] any other individuals whose needs are excluded pursuant
    10  to department regulations consistent with federal law  and  regulations,
    11  to be included as part of the public assistance household.
    12    §  4.  This  act shall take effect either on the one hundred eightieth
    13  day after it shall have become a law or after the  commissioner  of  the
    14  office  of temporary and disability assistance certifies that the office
    15  has an  information  technology  system  capable  of  accommodating  the
    16  provisions  in  this  act,  whichever  shall  have  taken  place sooner;
    17  provided that the commissioner of the office of temporary and disability
    18  assistance shall notify the legislative bill drafting commission of  the
    19  date  of such certification in order that the commission may maintain an
    20  accurate and timely effective database of the official text of the  laws
    21  of  the  state of New York in furtherance of effectuating the provisions
    22  of section 44 of the legislative law and  section  70-b  of  the  public
    23  officers  law.    Effective  immediately, the addition, amendment and/or
    24  repeal of any rule or regulation necessary  for  the  implementation  of
    25  this  act  on its effective date are authorized to be made and completed
    26  on or before such effective date.