Assembly Bill A6995

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6995
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 18, 2025
                                ___________
 
 Introduced  by M. of A. TAPIA -- read once and referred to the Committee
   on Social Services
 
 AN ACT to amend the social services law, in  relation  to  enacting  the
   "public benefits privacy act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "public benefits privacy act".
   §  2. The social services law is amended by adding a new section 136-b
 to read as follows:
   § 136-B. PRIVACY PROTECTIONS FOR PUBLIC  BENEFITS  RECIPIENTS.  1.  NO
 STATE  AGENCY,  LOCAL  SOCIAL SERVICES DISTRICT, OR ENTITY ADMINISTERING
 PUBLIC ASSISTANCE BENEFITS SHALL INQUIRE ABOUT,  COLLECT,  MAINTAIN,  OR
 DISCLOSE  AN  APPLICANT'S  OR RECIPIENT'S IMMIGRATION STATUS UNLESS SUCH
 INFORMATION IS EXPLICITLY REQUIRED BY  STATE  OR  FEDERAL  LAW  FOR  THE
 DETERMINATION OF ELIGIBILITY FOR SUCH PUBLIC ASSISTANCE BENEFITS.
   2.  IMMIGRATION STATUS OR PERSONALLY IDENTIFIABLE INFORMATION OBTAINED
 IN THE  ADMINISTRATION  OF  PUBLIC  ASSISTANCE  BENEFITS  SHALL  NOT  BE
 DISCLOSED  TO  ANY  FEDERAL,  STATE,  OR LOCAL AGENCY FOR THE PURPOSE OF
 CIVIL IMMIGRATION ENFORCEMENT.
   3. ANY INFORMATION RELATED TO AN APPLICANT'S OR RECIPIENT'S  ELIGIBIL-
 ITY  FOR  PUBLIC  ASSISTANCE  BENEFITS  SHALL  BE  SECURELY  STORED  AND
 PROTECTED FROM UNAUTHORIZED ACCESS. THE OFFICE OF TEMPORARY AND DISABIL-
 ITY ASSISTANCE SHALL ESTABLISH SECURITY  PROTOCOLS,  INCLUDING  BUT  NOT
 LIMITED  TO ENCRYPTION AND RESTRICTED ACCESS POLICIES, TO ENSURE COMPLI-
 ANCE WITH THIS SECTION.
   4. NO INDIVIDUAL SHALL BE DENIED ACCESS TO PUBLIC ASSISTANCE  BENEFITS
 OR  SERVICES  DUE TO THEIR REFUSAL TO DISCLOSE THEIR IMMIGRATION STATUS,
 EXCEPT WHERE SUCH DISCLOSURE IS EXPLICITLY REQUIRED BY LAW.
   5. ANY STATE OR LOCAL  AGENCY  EMPLOYEE  WHO  KNOWINGLY  VIOLATES  THE
 PROVISIONS  OF  THIS SECTION BY UNLAWFULLY INQUIRING ABOUT OR DISCLOSING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10760-01-5
              

 A. 6995                             2
 
 IMMIGRATION STATUS INFORMATION SHALL BE SUBJECT TO DISCIPLINARY  ACTION,
 INCLUDING  TERMINATION,  AND  MAY  BE  SUBJECT  TO  CIVIL  PENALTIES  AS
 PRESCRIBED BY LAW.
   6.  THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL PROMULGATE
 RULES AND/OR REGULATIONS TO IMPLEMENT THIS SECTION  WITHIN  ONE  HUNDRED
 EIGHTY  DAYS OF THE EFFECTIVE DATE OF THIS SECTION, AND SHALL PROVIDE AN
 ANNUAL REPORT TO THE LEGISLATURE  INCLUDING  COMPLIANCE  WITH,  AND  ANY
 COMPLAINTS RECEIVED REGARDING VIOLATIONS OF, THIS SECTION.
   7.  IF ANY CLAUSE, SENTENCE, PARAGRAPH, OR SUBDIVISION OF THIS SECTION
 SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE  INVALID,
 SUCH  JUDGMENT  SHALL  NOT  AFFECT,  IMPAIR, OR INVALIDATE THE REMAINDER
 THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE,
 PARAGRAPH, OR SUBDIVISION THEREOF DIRECTLY INVOLVED IN  THE  CONTROVERSY
 IN  WHICH  SUCH JUDGMENT SHALL HAVE BEEN RENDERED. IT IS HEREBY DECLARED
 TO BE THE INTENT OF THE LEGISLATURE THAT THIS SECTION  WOULD  HAVE  BEEN
 ENACTED EVEN IF SUCH INVALID PROVISIONS HAD NOT BEEN INCLUDED HEREIN.
   § 3. This act shall take effect immediately.