S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4809--A
     Cal. No. 734
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 26, 2019
                                ___________
 
 Introduced  by Sens. PERSAUD, KRUEGER -- read twice and ordered printed,
   and when printed to be committed to the Committee on  Social  Services
   -- reported favorably from said committee and committed to the Commit-
   tee  on  Finance -- reported favorably from said committee, ordered to
   first report, amended on first report, ordered to a second report  and
   ordered reprinted, retaining its place in the order of second report
 
 AN  ACT  to  amend  the social services law, in relation to any unearned
   income of a child in certain circumstances
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of  subdivision 8 of section 131-a of the
 social services law is amended by adding a new subparagraph (ix) to read
 as follows:
   (IX) ANY UNEARNED INCOME OF A CHILD  WHEN  THE  PARENT  OR  NON-PARENT
 CAREGIVER  CHOOSES  TO  EXCLUDE  SUCH  CHILD  FROM THE PUBLIC ASSISTANCE
 HOUSEHOLD  PURSUANT  TO  SUBDIVISION  ONE   OF   SECTION   ONE   HUNDRED
 THIRTY-ONE-C OF THIS ARTICLE.
   §  2. The section heading of section 131-c of the social services law,
 as added by chapter 42 of the laws  of  1985,  is  amended  to  read  as
 follows:
   Inclusion  of  parents [and siblings] of a minor in the public assist-
 ance household.
   § 3. Subdivision 1 of section 131-c of the  social  services  law,  as
 added by chapter 42 of the laws of 1985, is amended to read as follows:
   1.  For  the purposes of determining eligibility for and the amount of
 assistance payable, the social services district shall, when a minor  is
 named  as  an  applicant  for public assistance, require that his or her
 parents [and minor brothers and sisters] also apply for  assistance  and
 be included in the household for purposes of determining eligibility and
 grant  amounts,  if such individuals reside in the same dwelling unit as
 the minor applying for assistance. Any income of or available  for  such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01071-03-9

 S. 4809--A                          2
 
 parents,  [brothers and sisters] which is not disregarded under subdivi-
 sion eight of section one hundred thirty-one-a of this article, shall be
 considered available to such household. [The provisions of] A PARENT  OR
 NON-PARENT  CAREGIVER  MAY CHOOSE TO EXCLUDE ANY OTHER CHILD OR CHILDREN
 RESIDING IN THE SAME DWELLING UNIT FROM THE PUBLIC ASSISTANCE HOUSEHOLD.
 NOTHING IN this [subdivision] CHAPTER shall [not apply to] REQUIRE indi-
 viduals who are recipients of federal supplemental security income bene-
 fits, or WHO RECEIVE additional state payments pursuant to this chapter,
 or [to individuals] whose relationship to the minor is that of A  BROTH-
 ER,  SISTER, HALF-BROTHER, HALF-SISTER, stepbrother [or], stepsister, OR
 COUSIN, or [to] any other individuals whose needs are excluded  pursuant
 to  department  regulations consistent with federal law and regulations,
 TO BE INCLUDED AS PART OF THE PUBLIC ASSISTANCE HOUSEHOLD.
   § 4. This act shall take effect either on the  one  hundred  eightieth
 day  after  it  shall have become a law or after the commissioner of the
 office of temporary and disability assistance certifies that the  office
 has  an  information  technology  system  capable  of  accommodating the
 provisions in  this  act,  whichever  shall  have  taken  place  sooner;
 provided that the commissioner of the office of temporary and disability
 assistance  shall notify the legislative bill drafting commission of the
 date of such certification in order that the commission may maintain  an
 accurate  and timely effective database of the official text of the laws
 of the state of New York in furtherance of effectuating  the  provisions
 of  section  44  of  the  legislative law and section 70-b of the public
 officers law.   Effective immediately, the  addition,  amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.