Bill Text: NY S00890 | 2025-2026 | General Assembly | Introduced

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Bill Title: Expands the maximum benefit and eligibility requirements for financial assistance for burial arrangements; provides for expedited assistance during a state disaster emergency.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2025-01-08 - REFERRED TO SOCIAL SERVICES [S00890 Detail]

Download: New_York-2025-S00890-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           890

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Social Services

        AN  ACT  to amend the social services law, in relation to assistance for
          burial arrangements

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subdivisions 3 and 4 of section 141 of the social services
     2  law, subdivision 3 as added by chapter 772 of the laws of 1958, subpara-
     3  graphs 1 and 2 of paragraph (a) of subdivision 3 as amended  by  chapter
     4  110  of  the  laws of 1971, paragraph (b) of subdivision 3 as amended by
     5  chapter 342 of the laws of 1965, subdivision 4 as added by chapter  1080
     6  of  the  laws  of  1974, are amended and a new subdivision 7 is added to
     7  read as follows:
     8    3. (a) When burial arrangements for a recipient of  public  assistance
     9  or care are made by relatives or friends of the deceased and the expense
    10  of  such  burial  does  not  exceed  the amount fixed by the appropriate
    11  public welfare official or the  local  appropriating  body  for  similar
    12  burials in similar circumstances, such public welfare official may:
    13    (1)  if  such relatives or friends were required to pay the expense of
    14  such burial in order to arrange the same,  wholly  or  partly  reimburse
    15  them,  from assets transferred or assigned to such social services offi-
    16  cial by or on behalf of the deceased recipient;  but  [he]  such  public
    17  welfare  official  shall not reimburse a legally responsible relative of
    18  the deceased for any part of the amount  paid  by  [him]  such  relative
    19  which  in the judgment of such social services official such relative is
    20  able to bear; nor shall such official expend from such assets  for  such
    21  purpose  more  than  is  permitted by or pursuant to this section, other
    22  provisions of this  chapter  and  regulations  of  the  department.  The
    23  reimbursement  benefit  pursuant  to this subparagraph shall not be less
    24  than three thousand dollars or exceed four thousand dollars.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02277-01-5
        S. 890                              2

     1    (2) pay part of the expense of such burial, if, and to the extent  and
     2  under  the  circumstances,  permitted by [his] such public welfare offi-
     3  cial's local policy, which shall not be inconsistent with this  chapter,
     4  and  the regulations of the department; but in no case shall such social
     5  services  official  pay more than the balance remaining to be paid after
     6  the total of the amounts paid or  to  be  paid  by  all  other  sources,
     7  including  payments made or to be made by such legally responsible rela-
     8  tives of the deceased as are in the judgment of such  official  able  to
     9  bear the same, is credited to and deducted from such expense.
    10    (b) In no case shall a public welfare official expend, pursuant to the
    11  provisions  of  this section or any other provision of this chapter, for
    12  the burial of a recipient of public  assistance  or  care,  from  assets
    13  transferred  or  assigned to [him] such public welfare official by or on
    14  behalf of such recipient, an amount which shall be less than three thou-
    15  sand dollars or in excess of [five hundred] four thousand dollars.
    16    4. For purposes of this section, the term "recipient of public assist-
    17  ance and care" shall include persons [receiving]  eligible  for  federal
    18  supplemental  security  income benefits pursuant to title sixteen of the
    19  federal social security act [and/or], additional state payments pursuant
    20  to title six of article five of this chapter and/or if such  person  can
    21  otherwise  demonstrate  an inability to pay as determined by the commis-
    22  sioner. Notwithstanding any provision of law to the contrary, the eligi-
    23  bility of a person to receive benefits pursuant to  this  section  shall
    24  not take into account the immigration status of such person.
    25    7.  Notwithstanding  any  provision  of  law to the contrary, during a
    26  state disaster emergency, as defined in section twenty of the  executive
    27  law,  no  reimbursement  payments shall be made pursuant to subparagraph
    28  one of paragraph (a) of subdivision three of this section and all appli-
    29  cations for assistance pursuant to  this  section  shall  be  processed,
    30  approved  or  denied, and direct payment made to the funeral firm, ceme-
    31  tery organization or business  operating  a  crematory,  columbarium  or
    32  other  business, who also controls the disposition of remains, as appli-
    33  cable, within fifteen days.
    34    § 2. This act shall take effect immediately.