Bill Text: NY A09064 | 2019-2020 | General Assembly | Introduced


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 2-0)

Status: (Introduced - Dead) 2020-01-22 - reported referred to ways and means [A09064 Detail]

Download: New_York-2019-A09064-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9064

                   IN ASSEMBLY

                                    January 14, 2020
                                       ___________

        Introduced by M. of A. HEVESI -- read once and referred to the Committee
          on Social Services

        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
    24  considered available to such household. [The provisions of] A parent  or
    25  non-parent  caregiver  may choose to exclude any other child or children
    26  residing in the same dwelling unit from the public assistance household.
    27  Nothing in this [subdivision] chapter shall [not apply to] require indi-
    28  viduals who are recipients of federal supplemental security income bene-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01071-05-0

        A. 9064                             2

     1  fits, or who receive additional state payments pursuant to this chapter,
     2  or [to individuals] whose relationship to the minor is that of a  broth-
     3  er,  sister, half-brother, half-sister, stepbrother [or], stepsister, or
     4  cousin,  or [to] any other individuals whose needs are excluded pursuant
     5  to department regulations consistent with federal law  and  regulations,
     6  to be included as part of the public assistance household.
     7    §  4.  This  act shall take effect either on the one hundred eightieth
     8  day after it shall have become a law or after the  commissioner  of  the
     9  office  of temporary and disability assistance certifies that the office
    10  has an  information  technology  system  capable  of  accommodating  the
    11  provisions  in  this  act,  whichever  shall  have  taken  place sooner;
    12  provided that the commissioner of the office of temporary and disability
    13  assistance shall notify the legislative bill drafting commission of  the
    14  date  of such certification in order that the commission may maintain an
    15  accurate and timely effective database of the official text of the  laws
    16  of  the  state of New York in furtherance of effectuating the provisions
    17  of section 44 of the legislative law and  section  70-b  of  the  public
    18  officers  law.    Effective  immediately, the addition, amendment and/or
    19  repeal of any rule or regulation necessary  for  the  implementation  of
    20  this  act  on its effective date are authorized to be made and completed
    21  on or before such effective date.
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