NY State Senate Bill 2019-S4267

Archive: Last Bill Status - In Senate Committee Social Services Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to social services
Mar 05, 2019	referred to social services

2019-S4267 (ACTIVE) - Details

Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Amd §§131, 332 & 336-d, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5427
2015-2016: S2617
2017-2018: S2307
2021-2022: S4803
2023-2024: S6037

2019-S4267 (ACTIVE) - Summary

Relates to recipients of public assistance who lack appropriate child care.

2019-S4267 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4267

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the social services law, in relation
to recipients of public assistance who lack appropriate child care

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires that no applicant for or recipient of an eligible child shall
be subject to ineligibility provisions if the lack of child care that is
appropriate prevents the individual from abiding by the requirements.

 
SUMMARY OF SPECIFIC PROVISIONS:

The social services law is amended by adding a new subdivision 5 of
section 131, as added by section II of part B of chapter 436 of the laws
of 1997, that provides that no applicant or recipient who is a parent or
caretaker relative of an eligible child shall be subject to the ineligi-
bility provisions of social service law if the lack of child care that
is appropriate, suitable, and within a reasonable distance, and reflects
parental preferences prevents the individual from complying with exist-

ing requirements.

Section 2 paragraph (e) of subdivision 1 of section 332 as amended by
section 148 of part B of chapter 436 is amended and a new paragraph (f)
is added to read as follows: the parent or caretaker of an eligible
child, shall not be deemed ineligible for public assistance during the
period of time of which such participation in work activities is
prevented by the lack of appropriate child care that is appropriate,
suitable, and within a reasonable distance, reflective of the child care
preferences included in the parent's assessment.

Section 3, subdivision 1 of section 336-d of the social services law, as
added by section 148 of part B of chapter 436 of the laws of 1997,
provides that no applicant or recipient who is a parent or caretaker
relative of an eligible child shall be subject, to the in eligibility
provisions of social service law if the lack of child care that is
appropriate, suitable, and within a reasonable distance, and reflects
parental preferences prevents the individual from complying with exist-
ing requirements.

 
JUSTIFICATION:

The federal Temporary Assistance for Needy Families (TANF) program
provides assistance to low-income families with children to achieve
self-sufficiency. At the end of 2011, the total number of recipients
receiving TANF in New York was 278,632. Under the federal welfare law,
states are required to ensure that a set percentage of recipients
participate in work activities.

This legislation clarifies state policies related to the rights of
public assistance recipients transitioning to self sufficiency through
work and, by doing so, it will reduce the number of families living in
poverty by helping them secure employment and ensuring that local social
services districts make the appropriate resources available to the
parents and the caretakers of children who are on public assistance.



This legislation conforms with existing federal regulations that include
a provision stating that a "refusal to work when an acceptable form of
child case is available is not protected from sanctioning."

 
PRIOR LEGISLATIVE HISTORY:

2017-18: 52307 - referred to Social Services
2015-16: S.2617/A.4410 - Referred to Social Services
2013-14: S.5427/A.9482 - Referred to Social Services
2011-12: A.9700 - Referred to Social Services

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the 120th day after enactment.

2019-S4267 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4267
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services
 
 AN ACT to amend the social services law, in relation  to  recipients  of
   public assistance who lack appropriate child care
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5 of section 131 of the social services law, as
 added by section 11 of part B of chapter 436 of the  laws  of  1997,  is
 amended to read as follows:
   5.  No public assistance shall be given to an applicant for or recipi-
 ent of public assistance who has failed to comply with the  requirements
 of  this chapter, or has refused to accept employment in which he or she
 is able to engage.  EXCEPT THAT NO APPLICANT OR  RECIPIENT  WHO  IS  THE
 PARENT  OR  CARETAKER  RELATIVE OF AN ELIGIBLE CHILD SHALL BE SUBJECT TO
 THE INELIGIBILITY PROVISIONS OF THIS CHAPTER IF THE LACK OF  CHILD  CARE
 THAT  IS  APPROPRIATE,  SUITABLE,  AND WITHIN A REASONABLE DISTANCE, AND
 REFLECTS PARENTAL PREFERENCES PREVENTS  THE  INDIVIDUAL  FROM  COMPLYING
 WITH THE REQUIREMENTS THEREIN.
   §  2.  Paragraph  (e)  of  subdivision  1 of section 332 of the social
 services law, as amended by section 148 of part B of chapter 436 of  the
 laws  of  1997,  is  amended and a new paragraph (f) is added to read as
 follows:
   (e) a woman who is  pregnant,  beginning  thirty  days  prior  to  the
 medically verified date of delivery of her child[.];
   (F)  THE  PARENT  OR  CARETAKER RELATIVE OF AN ELIGIBLE CHILD, FOR THE
 PERIOD OF TIME DURING WHICH SUCH PARTICIPATION IS PREVENTED BY THE  LACK
 OF  CHILD  CARE  THAT  IS  APPROPRIATE, SUITABLE AND WITHIN A REASONABLE
 DISTANCE, AND THAT IS REFLECTIVE OF THE CHILD CARE PREFERENCES  INCLUDED
 IN THE PARENT'S ASSESSMENT.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07716-01-9

 S. 4267                             2
 
   §  3.  Subdivision  1  of section 336-d of the social services law, as
 added by section 148 of part B of chapter 436 of the laws  of  1997,  is
 amended to read as follows:
   1.  Each  applicant  for or recipient of public assistance shall, upon
 request of the social services official, demonstrate that he or  she  is
 engaged  in  an active and continuing effort to achieve self-sufficiency
 as defined by the department.   Such effort shall  include  but  not  be
 limited  to  an  active  and  continuing  search  for employment, or for
 persons otherwise exempt in accordance with section three hundred  thir-
 ty-two  of  this  title,  and  where  deemed  appropriate  by the social
 services official, activities that foster  preparation  for  employment.
 Each  such  applicant  or  recipient  shall  have an affirmative duty to
 accept any offer of lawful employment in which he or she may engage. The
 failure of a social services district to assign applicants  and  recipi-
 ents to activities pursuant to this title shall not relieve such persons
 from  the  requirements    of  this  section. An individual who fails to
 comply with the requirements of the section  shall  be  subject  to  the
 provisions  set forth in subdivision five of section one hundred thirty-
 one of this chapter and [of section] SECTIONS  three  hundred  forty-one
 and  three  hundred forty-two of this title. EXCEPT THAT NO APPLICANT OR
 RECIPIENT WHO IS THE PARENT OR CARETAKER RELATIVE OF AN  ELIGIBLE  CHILD
 SHALL  BE SUBJECT TO THE INELIGIBILITY PROVISIONS OF THIS SECTION IF THE
 LACK OF CHILD CARE THAT IS APPROPRIATE, SUITABLE, AND WITHIN  A  REASON-
 ABLE  DISTANCE  PREVENTS  THE  INDIVIDUAL  FROM  COMPLYING WITH THE WORK
 REQUIREMENTS OF THIS SECTION.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of this act on its effective date is authorized to be made on or
 before such date.

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Senate Bill S4267

Sponsored By

Archive: Last Bill Status - In Senate Committee Social Services Committee

2019-S4267 (ACTIVE) - Details

2019-S4267 (ACTIVE) - Summary

2019-S4267 (ACTIVE) - Sponsor Memo

2019-S4267 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4267

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Social Services Committee

2019-S4267 (ACTIVE) - Details

2019-S4267 (ACTIVE) - Summary

2019-S4267 (ACTIVE) - Sponsor Memo

2019-S4267 (ACTIVE) - Bill Text download pdf

Comments