senate Bill S1083A

Signed By Governor
2009-2010 Legislative Session

Requires local social services districts to notify person of right to preinvestigation emergency needs assistance upon application for public assistance or care

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 30, 2010 signed chap.455
Aug 18, 2010 delivered to governor
Jun 15, 2010 returned to senate
passed assembly
ordered to third reading rules cal.124
substituted for a377a
Jun 07, 2010 referred to ways and means
delivered to assembly
passed senate
Mar 18, 2010 amended on third reading 1083a
Mar 11, 2010 advanced to third reading
Mar 10, 2010 2nd report cal.
Mar 09, 2010 1st report cal.222
Feb 23, 2010 reported and committed to finance
Jan 06, 2010 referred to social services
Jan 26, 2009 referred to social services

Votes

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Mar 9, 2010 - Finance committee Vote

S1083
18
9
committee
18
Aye
9
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Feb 23, 2010 - Social Services committee Vote

S1083
4
0
committee
4
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 23, 2010

aye wr (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

S1083 - Bill Details

See Assembly Version of this Bill:
A377A
Law Section:
Social Services Law
Laws Affected:
Amd §133, Soc Serv L

S1083 - Bill Texts

view summary

Provides that upon application for public assistance or care, the local social services district shall notify the applicant both verbally and in writing of the availability of monetary grants for emergency needs assistance and shall, at such time, determine whether such person is in immediate need, and if in immediate need, provide such monetary grant adequate to meet the emergency need pending completion of the investigation; and to inform applicant of reason for any denial and right to an expedited hearing thereon.

view sponsor memo
BILL NUMBER : S1083

TITLE OF BILL :
An act to amend the social services law, in relation to temporary
preinvestigation grants


PURPOSE OR GENERAL IDEA OF BILL :
This bill would ensure that public assistance applicants receive
adequate monetary emergency needs assistance or care.

SUMMARY OF SPECIFIC PROVISIONS :
Public assistance applicants are entitled to emergency needs
assistance or care when a local social services official determines
that an emergency situation exists that warrants immediate action.
Preinvestigation grants are issued to meet an immediate need for a
specific essential item where financial eligibility for public
assistance has not been fully established, for example, when an
applicant is facing immediate eviction, has no food or no fuel for
heating. Social Services Law, Section 133 would be amended to require
a local social services official to inform public assistance
applicants both verbally and in writing of the availability of grants
for emergency needs assistance or care including pre-investigation
grants and to make a determination at the same time as to whether the
applicant has an immediate need. Applicants would also be notified of
their right to an expedited hearing when emergency needs assistance is
denied. An applicant who has been denied emergency needs assistance
or care would be required to be advised in writing of the reasons for
denial.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
This bill would amend Section 133, Social Services Law.

JUSTIFICATION :
The growing threat of homelessness throughout New York State demands a
closer look at prevention efforts at the state and local level. This
bill addresses the efforts of local social services districts to
inform public assistance applicants of the availability of emergency
needs assistance grants in emergency situations that warrant immediate
action to prevent homelessness, hunger and other threats to the health
and safety of the individual. The sufficiency of these efforts was
challenged in a recent Kings County Supreme Court case, Davis v.
Perales. The court ruled that local social services officials failed
to adequately notify applicants of their right to emergency needs
assistance under current Department of Social Services Administrative
procedures. This bill would help to ensure that public assistance
applicants receive the benefits they are entitled to by law.

PRIOR LEGISLATIVE HISTORY :
2007-2008: S.1493 Referred to Social Services, Children & Families
2007-2008: A.2346 Advanced to Third Reading
2005-2006: A.958 Advanced to Third Reading
2003-2004: A.439 Referred to Social Services
2001-2002 A.77 Referred to Social Services
1999-2000: A.1129 Referred to Social Services,
Reported and Died in Rules Committee

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
Although in the short term, this bill would increase public assistance
expenditures in those local social services districts where
notification has been inadequate, the resulting decrease in
homelessness will ultimately reduce expenditures.

EFFECTIVE DATE :
Immediately.
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The Bill text is not available.

Co-Sponsors

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S1083A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A377A
Law Section:
Social Services Law
Laws Affected:
Amd §133, Soc Serv L

S1083A (ACTIVE) - Bill Texts

view summary

Provides that upon application for public assistance or care, the local social services district shall notify the applicant both verbally and in writing of the availability of monetary grants for emergency needs assistance and shall, at such time, determine whether such person is in immediate need, and if in immediate need, provide such monetary grant adequate to meet the emergency need pending completion of the investigation; and to inform applicant of reason for any denial and right to an expedited hearing thereon.

view sponsor memo
BILL NUMBER : S1083A

TITLE OF BILL : An act to amend the social services law, in relation
to temporary preinvestigation grants

PURPOSE OR GENERAL IDEA OF BILL :
This bill would ensure that public assistance applicants receive
adequate monetary emergency needs assistance or care.

SUMMARY OF SPECIFIC PROVISIONS :
Public assistance applicants are entitled to emergency needs
assistance or care when a local social services official determines
that an emergency situation exists that warrants immediate action.
Preinvestigation grants are issued to meet an immediate need for a
specific essential item where financial eligibility for public
assistance has not been fully established, for example, when an
applicant is facing immediate eviction, has no food or no fuel for
heating. Social Services Law, Section 133 would be amended to require
a local social services official to inform public assistance
applicants both verbally and in writing of the availability of grants
for emergency needs assistance or care including pre-investigation
grants and to make a determination at the same time as to whether the
applicant has an immediate need. Applicants would also be notified of
their right to an expedited hearing when emergency needs assistance is
denied. An applicant who has been denied emergency needs assistance
or care would be required to be advised in writing of the reasons for
denial.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
This bill would amend Section 133, Social Services Law.

JUSTIFICATION :
The growing threat of homelessness throughout New York State demands a
closer look at prevention efforts at the state and local level. This
bill addresses the efforts of local social services districts to
inform public assistance applicants of the availability of emergency
needs assistance grants in emergency situations that warrant immediate
action to prevent homelessness, hunger and other threats to the health
and safety of the individual. The sufficiency of these efforts was
challenged in a recent Kings County Supreme Court case, Davis v.
Perales. The court ruled that local social services officials failed
to adequately notify applicants of their right to emergency needs
assistance under current Department of Social Services Administrative
procedures. This bill would help to ensure that public assistance
applicants receive the benefits they are entitled to by law.

PRIOR LEGISLATIVE HISTORY :
2007-2008: S.1493 Referred to Social Services, Children & Families
2007-2008: A.2346 Advanced to Third Reading
2005-2006: A.958 Advanced to Third Reading
2003-2004: A.439 Referred to Social Services
2001-2002 A.77 Referred to Social Services
1999-2000: A.1129 Referred to Social Services,
Reported and Died in Rules Committee

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
Although in the short term, this bill would increase public assistance
expenditures in those local social services districts where
notification has been inadequate, the resulting decrease in
homelessness will ultimately reduce expenditures.

EFFECTIVE DATE :
Immediately.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1083--A
    Cal. No. 222

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 26, 2009
                               ___________

Introduced  by  Sens. DILAN, ADAMS, DIAZ, DUANE, HASSELL-THOMPSON, HUNT-
  LEY, KRUEGER,  MONTGOMERY,  ONORATO,  SAMPSON,  SAVINO,  SCHNEIDERMAN,
  THOMPSON  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee on Social Services --  recommitted  to  the
  Committee  on Social Services in accordance with Senate Rule 6, sec. 8
  -- reported favorably from said committee and committed to the Commit-
  tee on Finance -- reported favorably from said committee,  ordered  to
  first  and  second  report,  ordered  to  a third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the social services law, in relation to temporary prein-
  vestigation grants

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

  Section  1.  Section 133 of the social services law is amended to read
as follows:
  S 133.  Temporary preinvestigation [grant] EMERGENCY NEEDS  ASSISTANCE
OR  CARE.    UPON  APPLICATION  FOR PUBLIC ASSISTANCE OR CARE UNDER THIS
CHAPTER, THE LOCAL SOCIAL SERVICES DISTRICT SHALL NOTIFY  THE  APPLICANT
IN  WRITING  OF  THE  AVAILABILITY  OF A MONETARY GRANT ADEQUATE TO MEET
EMERGENCY NEEDS ASSISTANCE OR CARE AND SHALL, AT  SUCH  TIME,  DETERMINE
WHETHER  SUCH  PERSON  IS  IN  IMMEDIATE NEED. If it shall appear that a
person is in immediate need, [temporary assistance  or  care]  EMERGENCY
NEEDS  ASSISTANCE  OR  CARE  shall  be  granted pending completion of an
investigation. THE WRITTEN NOTIFICATION REQUIRED BY THIS  SECTION  SHALL
INFORM  SUCH  PERSON  OF  A RIGHT TO AN EXPEDITED HEARING WHEN EMERGENCY
NEEDS ASSISTANCE OR CARE IS DENIED. A PUBLIC  ASSISTANCE  APPLICANT  WHO
HAS  BEEN DENIED EMERGENCY NEEDS ASSISTANCE OR CARE MUST BE GIVEN REASON
FOR SUCH DENIAL IN A WRITTEN DETERMINATION WHICH SETS  FORTH  THE  BASIS
FOR SUCH DENIAL.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02200-03-0

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