S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10366
 
                           I N  A S S E M B L Y
 
                              April 29, 2020
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Social Services
 
 AN ACT to amend the social services law, in relation to  assistance  for
   burial arrangements
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 3 and 4 of section 141 of the social  services
 law, subdivision 3 as added by chapter 772 of the laws of 1958, subpara-
 graphs  1  and 2 of paragraph (a) of subdivision 3 as amended by chapter
 110 of the laws of 1971, paragraph (b) of subdivision 3  as  amended  by
 chapter  342 of the laws of 1965, subdivision 4 as added by chapter 1080
 of the laws of 1974, are amended and a new subdivision  7  is  added  to
 read as follows:
   3.  (a)  When burial arrangements for a recipient of public assistance
 or care are made by relatives or friends of the deceased and the expense
 of such burial does not exceed  the  amount  fixed  by  the  appropriate
 public  welfare  official  or  the  local appropriating body for similar
 burials in similar circumstances, such public welfare official may:
   (1) if such relatives or friends were required to pay the  expense  of
 such  burial  in  order  to arrange the same, wholly or partly reimburse
 them, from assets transferred or assigned to such social services  offi-
 cial  by  or on behalf of the deceased recipient; but he shall not reim-
 burse a legally responsible relative of the deceased for any part of the
 amount paid by him which in the judgment of such social  services  offi-
 cial  such relative is able to bear; nor shall such official expend from
 such assets for such purpose more than is permitted by  or  pursuant  to
 this  section,  other  provisions of this chapter and regulations of the
 department. THE REIMBURSEMENT  BENEFIT  PURSUANT  TO  THIS  SUBPARAGRAPH
 SHALL  NOT  BE  LESS THAN THREE THOUSAND DOLLARS OR EXCEED FOUR THOUSAND
 DOLLARS.
   (2) pay part of the expense of such burial, if, and to the extent  and
 under  the circumstances, permitted by his local policy, which shall not
 be inconsistent with this chapter, and the regulations  of  the  depart-
 ment;  but  in no case shall such social services official pay more than
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16223-04-0

 A. 10366                            2
 
 the balance remaining to be paid after the total of the amounts paid  or
 to  be  paid by all other sources, including payments made or to be made
 by such legally responsible relatives of the  deceased  as  are  in  the
 judgment  of  such  official  able  to bear the same, is credited to and
 deducted from such expense.
   (b) In no case shall a public welfare official expend, pursuant to the
 provisions of this section or any other provision of this  chapter,  for
 the  burial  of  a  recipient  of public assistance or care, from assets
 transferred or assigned to him by or on behalf  of  such  recipient,  an
 amount  which  shall be LESS THAN THREE THOUSAND DOLLARS OR in excess of
 [five hundred] FOUR THOUSAND dollars.
   4. For purposes of this section, the term "recipient of public assist-
 ance and care" shall include persons [receiving]  ELIGIBLE  FOR  federal
 supplemental  security  income benefits pursuant to title sixteen of the
 federal social security act [and/or], additional state payments pursuant
 to title six of article five of this chapter AND/OR IF SUCH  PERSON  CAN
 OTHERWISE  DEMONSTRATE  AN INABILITY TO PAY AS DETERMINED BY THE COMMIS-
 SIONER. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE ELIGI-
 BILITY OF A PERSON TO RECEIVE BENEFITS PURSUANT TO  THIS  SECTION  SHALL
 NOT TAKE INTO ACCOUNT THE IMMIGRATION STATUS OF SUCH PERSON.
   7.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, DURING A
 STATE DISASTER EMERGENCY, AS DEFINED IN SECTION TWENTY OF THE  EXECUTIVE
 LAW,  NO  REIMBURSEMENT  PAYMENTS SHALL BE MADE PURSUANT TO SUBPARAGRAPH
 ONE OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION AND ALL APPLI-
 CATIONS FOR ASSISTANCE PURSUANT TO  THIS  SECTION  SHALL  BE  PROCESSED,
 APPROVED  OR  DENIED, AND DIRECT PAYMENT MADE TO THE FUNERAL FIRM, CEME-
 TERY ORGANIZATION OR BUSINESS  OPERATING  A  CREMATORY,  COLUMBARIUM  OR
 OTHER  BUSINESS, WHO ALSO CONTROLS THE DISPOSITION OF REMAINS, AS APPLI-
 CABLE, WITHIN FIFTEEN DAYS.
   § 2. This act shall take effect immediately.