S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1288

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. WRIGHT, CLARK, V. LOPEZ, KELLNER, BOYLAND, MILL-
  MAN, EDDINGTON, AUBRY, GREENE  --  Multi-Sponsored  by  --  M.  of  A.
  ESPAILLAT,  GOTTFRIED,  REILLY, TOWNS -- read once and referred to the
  Committee on Social Services

AN ACT to amend the social services law, in relation to applications for
  public assistance and to repeal certain provisions of such law  relat-
  ing thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 8 of section 153 of the social services law  is
REPEALED.
  S 2. Section 131 of the social services law is amended by adding a new
subdivision 20 to read as follows:
  20.  THE  DECISION  OF THE LOCAL SOCIAL SERVICES DISTRICT TO ACCEPT OR
DENY AN APPLICATION FOR PUBLIC ASSISTANCE  SHALL  BE  MADE  AS  SOON  AS
POSSIBLE,  BUT  NO LATER THAN THIRTY DAYS AFTER THE DATE OF THE APPLICA-
TION, EXCEPT WHERE THE  APPLICANT  REQUESTS  ADDITIONAL  TIME  OR  WHERE
DIFFICULTIES  IN  VERIFICATION  LEAD  TO  UNUSUAL DELAY OR OTHER REASONS
BEYOND THE CONTROL OF THE LOCAL SOCIAL SERVICES OFFICIAL.
  S 3. Paragraph (b) of subdivision  5  of  section  22  of  the  social
services  law,  as amended by chapter 41 of the laws of 1992, is amended
to read as follows:
  (b) Failure to act upon any application [within] AS SOON  AS  POSSIBLE
BUT  NO  LATER  THAN  thirty days after filing[, except applications for
home relief], or failure to comply with laws and  regulations  requiring
that priority be given to certain applications for assistance[, or fail-
ure  to  act  on  any application for home relief within forty-five days
after filing].
  S 4. Subdivision 13 of section 131-a of the social  services  law,  as
added by chapter 477 of the laws of 2000, is amended to read as follows:

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

                                                           LBD00444-02-9

A. 1288                             2

  13.  Pursuant to regulations of the office of temporary and disability
assistance, public assistance eligibility shall, to the extent permitted
by federal law, not lapse solely by reason of the  death  of  the  adult
relative  caretaker  of  a minor child, until arrangements are completed
for  the  addition  of the child to another public assistance household,
reclassification of the case, foster care or other appropriate financial
support. [For purposes of  subdivision  eight  of  section  one  hundred
fifty-three of this article, safety net assistance given to such a child
during  the  first  forty-five  days after application therefor shall be
regarded as being given to meet emergency circumstances.]
  S 5. Subdivision 4 of section 158  of  the  social  services  law,  as
amended  by  section 44 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
  4. Social services officials shall determine  eligibility  for  safety
net  assistance  [within  forty-five]  AS SOON AS POSSIBLE, BUT NO LATER
THAN THIRTY days AFTER THE DATE of receiving an application  for  safety
net  assistance.  Such  officials  shall notify applicants of safety net
assistance about  the  availability  of  assistance  to  meet  emergency
circumstances or to prevent eviction.
  S 6. This act shall take effect immediately.