NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1303A
SPONSOR: Clark
 
TITLE OF BILL:
An act to amend the social services law, in relation to prohibiting
requiring parents or caretakers to earn a minimum wage to be eligible
for child care assistance
 
SUMMARY OF PROVISIONS:
Section 1. 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 to
receive child care assistance.
Section 2. States this act shall take effect immediately.
 
JUSTIFICATION:
In New York Regulations- Title 18. Department of Social Services, Part
415 Child Care Service-, exists rules limiting those who can receive
assistance based on whether they are earning the minimum wage. 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. Minimum hours worked requirements leave out New
York's most needy workers from childcare subsidies This legislation
remedies that situation by eliminating the minimum wage requirements to
receive childcare assistance in the form of subsidies.
 
PRIOR LEGISLATIVE HISTORY:
2022: A.10288 Rules (Clark)
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1303--A
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. CLARK, SIMON, DAVILA, CURRAN, LUPARDO, GONZALEZ-
ROJAS -- read once and referred to the Committee on Children and Fami-
lies -- recommitted to the Committee on Children and Families in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the social services law, in relation to prohibiting
requiring parents or caretakers to earn a minimum wage 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 for parents
5 and caretakers who are otherwise eligible for child care assistance
6 pursuant to this section to receive such assistance.
7 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04756-03-4