S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    160
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by M. of A. CRUZ, SIMON, SEAWRIGHT, MITAYNES, JACKSON -- read
   once and referred to the Committee on Social Services
 
 AN  ACT  to  amend the executive law, the general municipal law, and the
   public authorities law, in relation to providing eligibility for state
   or local public benefits regardless of immigration status
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 170-g
 to read as follows:
   § 170-G. ELIGIBILITY FOR STATE OR LOCAL PUBLIC BENEFITS REGARDLESS  OF
 IMMIGRATION STATUS. A STATE AGENCY MAY, AT ITS DISCRETION, PROVIDE STATE
 OR  LOCAL  PUBLIC BENEFITS, AS DEFINED BY THE FEDERAL PERSONAL RESPONSI-
 BILITY AND WORK OPPORTUNITY RECONCILIATION ACT  8  U.S.C.  1621  OR  ANY
 SUCCESSOR  PROVISION, TO PERSONS WHO, BUT FOR SUCH FEDERAL LAW RESTRICT-
 ING ELIGIBILITY FOR SUCH BENEFITS BASED ON IMMIGRATION STATUS, WOULD  BE
 OTHERWISE ELIGIBLE FOR SUCH BENEFITS FROM SUCH AGENCY.  FOR THE PURPOSES
 OF  THIS  SECTION,  A  "STATE AGENCY" SHALL MEAN ANY DEPARTMENT, BUREAU,
 COMMISSION, BOARD, DIVISION, OFFICE, OR AGENCY OF THE STATE.
   § 2. The general municipal law is amended  by  adding  a  new  section
 99-h-1 to read as follows:
   §  99-H-1. ELIGIBILITY FOR STATE OR LOCAL BENEFITS REGARDLESS OF IMMI-
 GRATION STATUS. A MUNICIPAL CORPORATION MAY, AT ITS DISCRETION,  PROVIDE
 STATE  OR  LOCAL  PUBLIC  BENEFITS,  AS  DEFINED BY THE FEDERAL PERSONAL
 RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT 8 U.S.C. 1621  OR
 ANY  SUCCESSOR  PROVISION,  TO  PERSONS  WHO,  BUT  FOR SUCH FEDERAL LAW
 RESTRICTING ELIGIBILITY FOR SUCH BENEFITS BASED ON  IMMIGRATION  STATUS,
 WOULD BE OTHERWISE ELIGIBLE FOR SUCH BENEFITS FROM SUCH MUNICIPAL CORPO-
 RATION.  FOR  PURPOSES  OF THIS SECTION, A "MUNICIPAL CORPORATION" SHALL
 MEAN A COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT, OR BOARD OF COOPER-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01998-01-3
              

 A. 160                              2
 
 ATIVE EDUCATIONAL SERVICES OF THIS STATE OR A BOARD OF HIGHER  EDUCATION
 IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   §  3.  Article  9 of the public authorities law is amended by adding a
 new title 13 to read as follows:
                                  TITLE 13
                      STATE OR LOCAL PUBLIC BENEFITS
 SECTION 2988. ELIGIBILITY FOR STATE OR LOCAL PUBLIC BENEFITS  REGARDLESS
                 OF IMMIGRATION STATUS.
   § 2988. ELIGIBILITY  FOR  STATE OR LOCAL PUBLIC BENEFITS REGARDLESS OF
 IMMIGRATION STATUS. A STATE AUTHORITY OR LOCAL  AUTHORITY  MAY,  AT  ITS
 DISCRETION,  PROVIDE  STATE  OR LOCAL PUBLIC BENEFITS, AS DEFINED BY THE
 FEDERAL PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION  ACT
 8  U.S.C.  1621 OR ANY SUCCESSOR PROVISION, TO PERSONS WHO, BUT FOR SUCH
 FEDERAL LAW RESTRICTING ELIGIBILITY FOR SUCH  BENEFITS  BASED  ON  IMMI-
 GRATION  STATUS, WOULD BE OTHERWISE ELIGIBLE FOR SUCH BENEFITS FROM SUCH
 STATE OR LOCAL AUTHORITY.
   § 4. This act shall take effect immediately.