S T A T E O F N E W Y O R K
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6331
I N S E N A T E
January 14, 2014
___________
Introduced by Sens. SAVINO, KLEIN, VALESKY, CARLUCCI -- read twice and
ordered printed, and when printed to be committed to the Committee on
Children and Families
AN ACT to amend chapter 53 of the laws of 2013, enacting the aid to
localities budget, in relation to increasing appropriations to the
office of children and family services for the child care program and
facilitated enrollment in child care; and to amend the social services
law, in relation to eligibility for child care block grants to eligi-
ble families
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of chapter 53 of the laws of 2013, enacting the
aid to localities budget, is amended by repealing the items hereinbelow
set forth in brackets and by adding to such section the other items
underscored in this section:
DEPARTMENT OF FAMILY ASSISTANCE
OFFICE OF CHILDREN AND FAMILY SERVICES
AID TO LOCALITIES 2013-14
For payment according to the following schedule:
APPROPRIATIONS REAPPROPRIATIONS
General Fund ....................... [1,860,746,250] 511,588,149
2,042,746,250
Special Revenue Funds - Federal .... 1,347,215,000 2,489,591,000
Special Revenue Funds - Other ...... 18,802,000 13,075,000
---------------- ----------------
All Funds ........................ [3,226,763,250] 3,012,023,149
3,408,763,250
================ ================
CHILD CARE PROGRAM ......................... [470,240,700] 652,240,700
--------------
General Fund
Local Assistance Account
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13222-03-4
S. 6331 2
The money hereby appropriated is to be
available for payment of state aid hereto-
fore accrued or hereafter to accrue to
municipalities. Subject to the approval of
the director of the budget, the money
hereby appropriated shall be available to
the office net of disallowances, refunds,
reimbursements and credits.
Notwithstanding any inconsistent provision
of law, in lieu of payments authorized by
the social services law, or payments of
federal funds otherwise due to the local
social services districts for programs
provided under the federal social security
act or the federal food stamp act, funds
herein appropriated, in amounts certified
by the state commissioner or the state
commissioner of health as due from local
social services districts each month as
their share of payments made pursuant to
section 367-b of the social services law
may be set aside by the state comptroller
in an interest-bearing account with such
interest accruing to the credit of the
locality in order to ensure the orderly
and prompt payment of providers under
section 367-b of the social services law
pursuant to an estimate provided by the
commissioner of health of each local
social services district's share of
payments made pursuant to section 367-b of
the social services law.
Notwithstanding any inconsistent provision
of law, the amount herein appropriated may
be transferred to any other appropriation
within the office of children and family
services and/or the office of temporary
and disability assistance and/or suballo-
cated to the office of temporary and disa-
bility assistance for the purpose of
paying local social services districts'
costs of the above program and may be
increased or decreased by interchange with
any other appropriation or with any other
item or items within the amounts appropri-
ated within the office of children and
family services general fund - local
assistance account with the approval of
the director of the budget who shall file
such approval with the department of audit
and control and copies thereof with the
chairman of the senate finance committee
and the chairman of the assembly ways and
means committee.
Notwithstanding any other provision of law,
the money hereby appropriated, in combina-
S. 6331 3
tion with the money appropriated in feder-
al block grant, federal day care account,
including any funds transferred or subal-
located by the office of temporary and
disability assistance special revenue
funds - federal / aid to localities feder-
al health and human services fund federal
temporary assistance to needy families
block grant funds at the request of local
social services districts and, upon
approval of the director of the budget,
transfer of federal temporary assistance
for needy families block grant funds made
available from the New York works compli-
ance fund program or otherwise specif-
ically appropriated therefor, shall
constitute the state block grant for child
care. The money hereby appropriated is to
be available to social services districts
for child care assistance pursuant to
title 5-C of article 6 of the social
services law and shall be apportioned
among the social services districts by the
office according to an allocation plan
developed by the office and submitted to
the director of the budget for approval
within 60 days of enactment of the budget.
A district's block grant allocation,
including any funds the office of tempo-
rary and disability assistance transfers
from a district's flexible fund for family
services allocation to the state block
grant for child care at the district's
request, for a particular federal fiscal
year is available only for child care
assistance expenditures made during that
federal fiscal year and which are claimed
by March 31 of the year immediately
following the end of that federal fiscal
year. Notwithstanding any other provision
of law, any claims for child care assist-
ance made by a social services district
for expenditures made during a particular
federal fiscal year, other than claims
made under title XX of the federal social
security act and under the food stamp
employment and training program, shall be
counted against the social services
district's block grant allocation for that
federal fiscal year.
A social services district shall expend its
allocation from the block grant in accord-
ance with the applicable provisions in
federal law and regulations relating to
the federal funds included in the state
block grant for child care and the regu-
S. 6331 4
lations of the office of children and
family services. Notwithstanding any other
provision of law, each district's claims
submitted under the state block grant for
child care will be processed in a manner
that maximizes the availability of federal
funds and ensures that the district meets
its maintenance of effort requirement in
each applicable federal fiscal year ......
.............................. 158,397,700
For additional services and expenses of
child care assistance programs ...........
................................ 1,000,000
FOR ADDITIONAL EXPENSES OF THE STATE CHILD
CARE BLOCK GRANT PROGRAM, INCLUDING
$28,500,000 FOR THE EXPENSES OF SUCH
PROGRAM IN THE CITY OF NEW YORK ..........
............................. $ 82,000,000
FOR THE EXPENSES OF EXPANDING THE FACILI-
TATED ENROLLMENT OF ELIGIBLE FAMILIES IN
THE CHILD CARE BLOCK GRANT PROGRAM .......
............................ $ 100,000,000
For services and expenses of child care
services provided to children of migrant
workers in programs operated by non-profit
organizations under contract with the
department of agriculture and markets to
provide such care. The funds appropriated
herein may be suballocated to the depart-
ment of agriculture and markets ..........
................................ 1,754,000
--------------
Program account subtotal ...............
........................ [161,151,700] 343,151,700
--------------
S 2. Subdivision 2 of section 410-u of the social services law, as
added by section 52 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
2. The state block grant for child care shall be divided into two
parts pursuant to a plan developed by the [department] OFFICE and
approved by the director of the budget. One part shall be retained by
the state to provide child care on a statewide basis to special groups
and for activities to increase the availability and/or quality of child
care programs, including, but not limited to, the start-up of child
care programs, the operation of child care resource and referral
programs, training activities, the regulation and monitoring of child
care programs, the development of computerized data systems, and consum-
er education, provided however, that child care resource and referral
programs funded under title five-B of article six of this chapter shall
meet additional performance standards developed by the [department of
social services] OFFICE OF CHILDREN AND FAMILY SERVICES including but
not limited to: increasing the number of child care placements for
persons who are at or below [two] FOUR hundred percent of the state
income standard with emphasis on placements supporting local efforts in
meeting federal and state work participation requirements, increasing
S. 6331 5
technical assistance to all modalities of legal child care to persons
who are at or below [two] FOUR hundred percent of the state income stan-
dard, including the provision of training to assist providers in meeting
child care standards or regulatory requirements, and creating new child
care opportunities, and assisting social services districts in assessing
and responding to child care needs for persons at or below [two] FOUR
hundred percent of the state income standard. The [department] OFFICE
shall have the authority to withhold funds from those agencies which do
not meet performance standards. Agencies whose funds are withheld may
have funds restored upon achieving performance standards. The other
part shall be allocated to social services districts to provide child
care assistance to families receiving family assistance and to other
low income families.
S 3. Paragraphs (b), (c), (d) and (e) of subdivision 1 of section
410-w of the social services law, as amended by chapter 569 of the laws
of 2001, are amended to read as follows:
(b) families with incomes up to [two] FOUR hundred percent of the
state income standard who are attempting through work activities to
transition off of public assistance when such child care is necessary in
order to enable a parent or caretaker relative to engage in work
provided such families' public assistance has been terminated as a
result of increased hours of or income from employment or increased
income from child support payments or the family voluntarily ended
assistance; and, provided that the family received public assistance at
least three of the six months preceding the month in which eligibility
for such assistance terminated or ended or provided that such family has
received child care assistance under subdivision four of this section;
(c) families with incomes up to [two] FOUR hundred percent of the
state income standard which are determined in accordance with the regu-
lations of the [department] OFFICE to be at risk of becoming dependent
on family assistance;
(d) families with incomes up to [two] FOUR hundred percent of the
state income standard who are attending a post secondary educational
program and working at least seventeen and one-half hours per week; and
(e) other families with incomes up to [two] FOUR hundred percent of
the state income standard which the social services district designates
in its consolidated services plan as eligible for child care assistance
in accordance with criteria established by the [department] OFFICE.
S 4. Subdivision 6 of section 410-x of the social services law, as
added by section 52 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
6. Pursuant to department regulations, child care assistance shall be
provided on a sliding fee basis based upon the family's ability to pay.
NO CO-PAYMENT SHALL BE ASSESSED TO A FAMILY WHOSE INCOME IS AT OR BELOW
THE STATE INCOME STANDARD AS DEFINED IN SUBDIVISION TWO OF SECTION FOUR
HUNDRED TEN-W OF THIS TITLE. CO-PAYMENTS SHALL NOT EXCEED TEN PERCENT OF
THE HOUSEHOLD INCOME.
S 5. This act shall take effect immediately, except that:
(a) section one of this act shall be deemed to have been in full force
and effect on and after April 1, 2013; and
(b) sections two, three and four of this act shall take effect on the
first of January next succeeding the date on which it shall have become
a law.