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A00160 Summary:

BILL NOA00160
 
SAME ASSAME AS S02839
 
SPONSORCruz
 
COSPNSRSimon, Seawright, Mitaynes, Jackson, Forrest, De Los Santos
 
MLTSPNSR
 
Add §170-g, Exec L; add §99-h-1, Gen Muni L; add Art 9 Title 13 §2988, Pub Auth L
 
Allows for state agencies, municipalities, and authorities to provide state or local public benefits regardless of immigration status.
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A00160 Actions:

BILL NOA00160
 
01/04/2023referred to social services
01/03/2024referred to social services
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A00160 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A160
 
SPONSOR: Cruz
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: The purpose of the bill is to provide the state and municipalities with the discretion to offer certain local public benefits necessary to ensure the health, welfare and safety of any individual who would other- wise be deemed eligible absent federal law restricting eligibility due to immigration status.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill adds a new section 170-c to the executive law to allow a state agency, at its discretion, to provide state or local public benefits defined pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act (18 U.S.C. 1621) and other provisions to persons who would otherwise be eligible absent federal law restricting eligibility based on immigration status. Provides definition of state agency. Section 2 adds a new section 99-h-I to the general municipal law to allow a municipal corporation, at its discretion, to provide state or local public benefits defined pursuant to the federal Personal Responsi- bility and Work Opportunity Reconciliation Act (18 U.S.C. 1621) and other provisions to persons who would otherwise be eligible absent federal law restricting eligibility based on immigration status. Provides definition of municipal corporation. Section 3 adds a new title 13 to article 9 of the public authorities law to allow a state or local authority, at its discretion, to provide state or local public benefits defined pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act (18 U.S.C. 1621) and other provisions to persons who would otherwise be eligible absent federal law restricting eligibility based on immigration status. Section 4 provides for an immediate effective date.   JUSTIFICATION: This legislation would authorize the City of New York, other localities and the State of New York to provide certain public benefits and services to New Yorkers who would otherwise be eligible absent federal laws to the contrary. At present, states are authorized to provide a range of services to individuals regardless of status, including: adult and child protective services, mental health interventions, shelter, medical care (with certain exceptions such as organ transplants), disaster relief as well as services and programs for victims of human trafficking. States and localities are severely constrained from offering post-acute services and programs directly related to the aforementioned emergency inter- ventions already provided. The offering of other "state or local public benefits" to those deemed ineligible by federal law has been prohibited since enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). The law provides, however, that after August 22, 1996, a state may enact a law affirmatively providing for the eligibility for those excluded by federal law (8 USC 1621). New York State would not be the first to enact such a law. Currently, California, Illinois, Texas and Florida have authorizations in place whereby certain benefits ensuring health, welfare and safety are provided to individuals, regardless of their immigration status. This is not only the right thing to do, it is essential to ensure that vulner- able New Yorkers lacking an authorized immigration status are able to seek assistance and care that ultimately prevents additional costly emergency interventions.   PRIOR LEGISLATIVE HISTORY: None.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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