NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2218
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 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 to
receive child care assistance.
Section two states this act shall take effect immediately.
 
JUSTIFICATION:
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. 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, leaving out New York's most needy workers from
childcare subsidies.
This legislation remedies that situation by eliminating minimum wage
requirements to receive childcare assistance in the form of subsidies.
 
PRIOR LEGISLATIVE HISTORY:
A.1303, 2023-24
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2218
2025-2026 Regular Sessions
IN ASSEMBLY
January 15, 2025
___________
Introduced by M. of A. CLARK, SIMON, DAVILA, LUPARDO, GONZALEZ-ROJAS,
ZACCARO, BICHOTTE HERMELYN, HYNDMAN -- 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 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.
LBD02542-01-5