NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1303
TITLE OF BILL:
An act to amend the social services law, in relation to prohibiting
requiring parents or caretakers to earn a minimum wage or work a minimum
number of hours to be eligible for child care assistance
SUMMARY OF PROVISIONS:
Section one amends subdivision 3 of section 410-w to allow social
service districts to disallow rules or regulations by the Office of
Children and Family Services to have a minimum earnings requirement or
minimum hours worked requirement to receive child care assistance.
Section two states this act shall take effect immediately.
In New York Regulations- Title 18. Department of Socials Services, Part
415 Child Care Service-, exists rules limiting those who can receive
assistance based on whether they are earning the minimum wage or working
a minimum number of hours per week. Hundreds of thousands of workers in
the gig economy or misclassified and earning less than the minimum wage
could be disqualified by this regulation for childcare subsidies. Mini-
mum hours worked requirements leave out New York's most needy workers
from childcare subsidies This legislation remedies that situation by
eliminating minimum work hours and minimum wage requirements to receive
childcare assistance in the form of subsidies.
PRIOR LEGISLATIVE HISTORY:
To be determined.
This act shall take effect immediately.
STATE OF NEW YORK
2023-2024 Regular Sessions
January 17, 2023
Introduced by M. of A. CLARK -- read once and referred to the Committee
on Children and Families
AN ACT to amend the social services law, in relation to prohibiting
requiring parents or caretakers to earn a minimum wage or work a mini-
mum number of hours to be eligible for child care assistance
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 410-w of the social services law is amended by
2 adding a new subdivision 11 to read as follows:
3 11. Notwithstanding any other provision of law, rule or regulation to
4 the contrary, there shall be no minimum earnings requirement or minimum
5 number of hours worked requirement for parents and caretakers who are
6 otherwise eligible for child care assistance pursuant to this section to
7 receive such assistance.
8 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.