Bill Text: NY S09940 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to the establishment of a healthy birth grant demonstration program; excludes healthy birth grants from income for certain purposes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-10-25 - REFERRED TO RULES [S09940 Detail]
Download: New_York-2023-S09940-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9940 IN SENATE October 25, 2024 ___________ Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the social services law, in relation to establishing a healthy birth grant demonstration program; and to amend the social services law, the tax law, the real property tax law, the administra- tive code of the city of New York, the domestic relations law and the family court act, in relation to the exclusion of healthy birth grants from income for certain purposes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The social services law is amended by adding a new section 2 367-z to read as follows: 3 § 367-z. Healthy birth grant demonstration program. 1. Healthy birth 4 grant disbursement. (a) The commissioner shall seek a waiver from the 5 federal department of health and human services pursuant to section 6 eleven hundred fifteen of the federal social security act, or any 7 successor provisions thereof, in order to establish the healthy birth 8 grant program provided for in this section. On and after the effective 9 date of this section, such program shall disburse a grant of one thou- 10 sand eight hundred dollars per child to all households with new parents 11 receiving medical assistance under this title during the third trimester 12 of the pregnancy of such child. In the event that multiple individuals 13 in a household meet the definition of "new parent" as provided in para- 14 graph (b) of this subdivision, however, only one grant of one thousand 15 eight hundred dollars shall be disbursed for such household. In the 16 event that a pregnant individual is deemed presumptively eligible for 17 medical assistance under subdivision six of section three hundred 18 sixty-four-i of this title and receives perinatal care after the third 19 trimester, such pregnant individual shall receive such birth grant at 20 the time that such individual is determined to be actually eligible for 21 such assistance under section three hundred sixty-six of this title. 22 (b) For the purposes of this section, "new parents" shall mean all 23 legal parents or guardians who meet the eligibility requirements for 24 medical assistance under section three hundred sixty-six of this title, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16192-01-4S. 9940 2 1 whether such individual is the biological parent of the child to be 2 born, an adoptive parent under section one hundred nine of the domestic 3 relations law, an intended parent under section 581-102 of the family 4 court act, or an individual who has been awarded physical custody of a 5 child under article five-a of the domestic relations law. 6 2. Coordination with other benefits. (a) Notwithstanding any provision 7 of law to the contrary, the healthy birth grant provided in this section 8 shall not be considered income, assets or resources for the purposes of 9 determining eligibility for public benefits or assistance, or the amount 10 or extent of such benefits or assistance, under any state or local 11 program. 12 (b) The commissioner may enter into cooperative agreements with local 13 social services districts in order that such districts may administer 14 the disbursement of the healthy birth grants provided in subdivision one 15 of this section where deemed necessary and appropriate by such commis- 16 sioner. Such agreements shall be crafted with the goal of ensuring that 17 recipients of a healthy birth grant are made aware of and enrolled in 18 all public benefits and assistance provided under this title or another 19 applicable area of state, federal or local law, code, rule, regulation 20 or ordinance and to ensure a smooth coordination of benefits and assist- 21 ance between such healthy birth grant and such other benefits and 22 assistance. 23 (c) If a waiver under section eleven hundred fifteen of the federal 24 social security act is granted for the purposes of the healthy birth 25 grant demonstration program provided for in this section, the commis- 26 sioner shall then seek agreements with all applicable federal agencies 27 and/or entities to ensure that such grant shall not be considered 28 income, assets or resources for the purposes of determining eligibility 29 for public benefits or assistance, or the amount or extent of such bene- 30 fits or assistance, under federal programs. 31 3. Impact on income tax. Notwithstanding any provision of law to the 32 contrary, no grant paid pursuant to this section shall be subject to 33 state or local income tax. 34 § 2. Subsection (c) of section 612 of the tax law is amended by adding 35 a new paragraph 48 to read as follows: 36 (48) For taxable years beginning on or after the effective date of 37 this paragraph, healthy birth grants disbursed under section three 38 hundred sixty-seven-z of the social services law. 39 § 3. Paragraph (a) of subdivision 2 of section 366 of the social 40 services law is amended by adding a new subparagraph 7-a to read as 41 follows: 42 (7-a) healthy birth grants established by section three hundred 43 sixty-seven-z of this title; 44 § 4. Paragraph (a) of subdivision 8 of section 131-a of the social 45 services law is amended by adding a new subparagraph (xiv) to read as 46 follows: 47 (xiv) any financial assistance received from a healthy birth grant as 48 provided in section three hundred sixty-seven-z of this article. 49 § 5. Section 95 of the social services law is amended by adding a new 50 subdivision 12 to read as follows: 51 12. The value of a healthy birth grant provided under section three 52 hundred sixty-seven-z of this chapter to an eligible individual shall 53 not be considered by the office to be income or resources for purposes 54 of eligibility for the SNAP benefits provided for under this section. 55 § 6. Section 97 of the social services law is amended by adding a new 56 subdivision 6 to read as follows:S. 9940 3 1 6. The amount of any healthy birth grant provided under section three 2 hundred sixty-seven-z of this chapter to an eligible household shall not 3 be considered income or resources of such household, or any member ther- 4 eof, for purposes of the low-income home energy assistance program 5 provided for under this section. The department shall update its regu- 6 lations regarding such program to effectuate the provisions of this 7 subdivision. 8 § 7. Subdivision 2 of section 209 of the social services law is 9 amended by adding a new paragraph (g) to read as follows: 10 (g) A healthy birth grant received by an eligible person under section 11 three hundred sixty-seven-z of this article shall not count towards the 12 standard of monthly need provided in this subdivision when determining 13 eligibility for and the amount of additional state payments. 14 § 8. Subparagraph (iv) of paragraph (a) of subdivision 3 of section 15 467 of the real property tax law is amended by adding a new clause 3-a 16 to read as follows: 17 (3-a) any healthy birth grants disbursed under section three hundred 18 sixty-seven-z of the social services law shall not be considered income; 19 § 9. Clause 1 of subparagraph (v) of paragraph (a) of subdivision 3 of 20 section 467 of the real property tax law, as added by chapter 276 of the 21 laws of 2023, is amended to read as follows: 22 (1) Except as provided in clause two of this subparagraph, the term 23 "income" as used in this section shall mean the "adjusted gross income" 24 for federal income tax purposes as reported on the applicant's federal 25 or state income tax return for the income tax year immediately preceding 26 the date of application, subject to any subsequent amendments or 27 revisions, minus any distributions, to the extent included in federal 28 adjusted gross income, received from an individual retirement account 29 and an individual retirement annuity; provided that healthy birth grants 30 disbursed under section three hundred sixty-seven-z of the social 31 services law shall not be considered income; and provided further that 32 if no such return was filed for such income tax year, the applicant's 33 income shall be determined based on the amounts that would have so been 34 reported if such a return had been filed; and 35 § 10. Paragraph c of subdivision 1 of section 467-b of the real prop- 36 erty tax law is amended by adding a new subparagraph (iii) to read as 37 follows: 38 (iii) provided further that a healthy birth grant received under 39 section three hundred sixty-seven-z of the social services law shall not 40 be considered income under this paragraph; 41 § 11. Clause (vi) of subparagraph 1 of paragraph f of subdivision 1 of 42 section 467-c of the real property tax law, as amended by chapter 276 of 43 the laws of 2023, is amended and a new clause (vii) is added to read as 44 follows: 45 (vi) When the eligible head of the household has retired on or after 46 the commencement of the taxable period and prior to the date of making 47 an application for a rent increase exemption order/tax abatement certif- 48 icate pursuant to this section, such person's income shall be adjusted 49 by excluding salary or earnings and projecting such person's retirement 50 income over the entire taxable period; [or] and 51 (vii) provided further that a healthy birth grant received under 52 section three hundred sixty-seven-z of the social services law shall not 53 be considered income under this subparagraph; or 54 § 12. Paragraph (a) of subdivision 5 of section 459-c of the real 55 property tax law is amended by adding a new subparagraph (vi) to read as 56 follows:S. 9940 4 1 (vi) Under no circumstances, however, may a municipal corporation 2 consider a healthy birth grant provided under section three hundred 3 sixty-seven-z of the social services law to be income for the purposes 4 of this paragraph. 5 § 13. Subparagraph (ii) of paragraph (b) of subdivision 4 of section 6 425 of the real property tax law, as amended by section 1 of part B of 7 chapter 59 of the laws of 2018, is amended to read as follows: 8 (ii) The term "income" as used herein shall mean the "adjusted gross 9 income" for federal income tax purposes as reported on the applicant's 10 federal or state income tax return for the applicable income tax year, 11 subject to any subsequent amendments or revisions, reduced by distrib- 12 utions, to the extent included in federal adjusted gross income, 13 received from an individual retirement account and an individual retire- 14 ment annuity; provided that if no such return was filed for the applica- 15 ble income tax year, "income" shall mean the adjusted gross income that 16 would have been so reported if such a return had been filed. In no 17 circumstance shall income include a healthy birth grant provided under 18 section three hundred sixty-seven-z of the social services law. Provided 19 further, that effective with exemption applications for final assessment 20 rolls to be completed in two thousand nineteen, where an income-eligi- 21 bility determination is wholly or partly based upon the income of one or 22 more individuals who did not file a return for the applicable income tax 23 year, then in order for the application to be considered complete, each 24 such individual must file a statement with the department showing the 25 source or sources of [his or her] such individual's income for that 26 income tax year, and the amount or amounts thereof, that would have been 27 reported on such a return if one had been filed. Such statement shall be 28 filed at such time, and in such form and manner, as may be prescribed by 29 the department, and shall be subject to the secrecy provisions of the 30 tax law to the same extent that a personal income tax return would be. 31 The department shall make such forms and instructions available for the 32 filing of such statements. The local assessor shall upon the request of 33 a taxpayer assist such taxpayer in the filing of the statement with the 34 department. 35 § 14. Paragraph (a) of subdivision 3 of section 11-245.3 of the admin- 36 istrative code of the city of New York, as amended by local law number 37 140 of the city of New York for the year 2017, is amended to read as 38 follows: 39 (a) if the income of the owner or the combined income of the owners of 40 the property exceeds the sum of twenty-six thousand dollars beginning 41 July first, two thousand six, twenty-seven thousand dollars beginning 42 July first, two thousand seven, twenty-eight thousand dollars beginning 43 July first, two thousand eight, twenty-nine thousand dollars beginning 44 July first, two thousand nine, and fifty thousand dollars beginning July 45 first, two thousand seventeen for the income tax year immediately 46 preceding the date of making application for exemption. Income tax year 47 shall mean the twelve month period for which the owner or owners filed a 48 federal personal income tax return, or if no such return is filed, the 49 calendar year. Where title is vested in either the husband or the wife, 50 their combined income may not exceed such sum, except where the husband 51 or wife, or ex-husband or ex-wife is absent from the property as 52 provided in subparagraph (ii) of paragraph (d) of this subdivision, then 53 only the income of the spouse or ex-spouse residing on the property 54 shall be considered and may not exceed such sum. Such income shall 55 include social security and retirement benefits, interest, dividends, 56 total gain from the sale or exchange of a capital asset which may beS. 9940 5 1 offset by a loss from the sale or exchange of a capital asset in the 2 same income tax year, net rental income, salary or earnings, and net 3 income from self-employment, but shall not include gifts, inheritances, 4 a return of capital, payments made to individuals because of their 5 status as victims of Nazi persecution as defined in P.L. 103-286, monies 6 earned through employment in the federal foster grandparent program, 7 [and] veterans disability compensation as defined in title 38 of the 8 United States Code, and healthy birth grants disbursed under section 9 three hundred sixty-seven-z of the social services law, and any such 10 income shall be offset by all medical and prescription drug expenses 11 actually paid which were not reimbursed or paid for by insurance. In 12 computing net rental income and net income from self-employment no 13 depreciation deduction shall be allowed for the exhaustion, wear and 14 tear of real or personal property held for the production of income; 15 § 15. Paragraph (a) of subdivision 3 of section 11-245.4 of the admin- 16 istrative code of the city of New York, as amended by local law number 17 140 of the city of New York for the year 2017, is amended to read as 18 follows: 19 (a) if the income of the owner or the combined income of the owners of 20 the property for the income tax year immediately preceding the date of 21 making application for exemption exceeds the sum of twenty-six thousand 22 dollars beginning July first, two thousand six, twenty-seven thousand 23 dollars beginning July first, two thousand seven, twenty-eight thousand 24 dollars beginning July first, two thousand eight, twenty-nine thousand 25 dollars beginning July first, two thousand nine, and fifty thousand 26 dollars beginning July first, two thousand seventeen. Income tax year 27 shall mean the twelve month period for which the owner or owners filed a 28 federal personal income tax return, or if no such return is filed, the 29 calendar year. Where title is vested in either the husband or the wife, 30 their combined income may not exceed such sum, except where the husband 31 or wife, or ex-husband or ex-wife is absent from the property due to 32 divorce, legal separation or abandonment, then only the income of the 33 spouse or ex-spouse residing on the property shall be considered and may 34 not exceed such sum. Such income shall include social security and 35 retirement benefits, interest, dividends, total gain from the sale or 36 exchange of a capital asset which may be offset by a loss from the sale 37 or exchange of a capital asset in the same income tax year, net rental 38 income, salary or earnings, and net income from self-employment, but 39 shall not include a return of capital, gifts, inheritances [or], monies 40 earned through employment in the federal foster grandparent program, or 41 healthy birth grants disbursed under section three hundred sixty-seven-z 42 of the social services law, and any such income shall be offset by all 43 medical and prescription drug expenses actually paid which were not 44 reimbursed or paid for by insurance. In computing net rental income and 45 net income from self-employment no depreciation deduction shall be 46 allowed for the exhaustion, wear and tear of real or personal property 47 held for the production of income; 48 § 16. Subparagraph 4 of paragraph b of subdivision 5-a of part B of 49 section 236 of the domestic relations law, as amended by chapter 269 of 50 the laws of 2015, is amended to read as follows 51 (4) "Income" shall mean income as defined in the child support stand- 52 ards act and codified in section two hundred forty of this article and 53 section four hundred thirteen of the family court act without subtract- 54 ing alimony or maintenance actually paid or to be paid to a spouse that 55 is a party to the instant action pursuant to subclause (C) of clause 56 (vii) of subparagraph five of paragraph (b) of subdivision one-b ofS. 9940 6 1 section two hundred forty of this article and subclause (C) of clause 2 (vii) of subparagraph five of paragraph (b) of subdivision one of 3 section four hundred thirteen of the family court act and without 4 subtracting spousal support paid pursuant to section four hundred twelve 5 of such act. In no circumstance shall income include healthy birth 6 grants disbursed under section three hundred sixty-seven-z of the social 7 services law, however. 8 § 17. The opening paragraph of subparagraph 5 of paragraph (b) of 9 subdivision 1-b of section 240 of the domestic relations law, as added 10 by chapter 567 of the laws of 1989, is amended to read as follows: 11 "Income" shall mean, but shall not be limited to, the sum of the 12 amounts determined by the application of clauses (i), (ii), (iii), (iv), 13 (v) and (vi) of this subparagraph reduced by the amount determined by 14 the application of clause (vii) of this subparagraph, provided that in 15 no instance shall a healthy birth grant provided under section three 16 hundred sixty-seven-z of the social services law be considered income: 17 § 18. The opening paragraph of subparagraph 5 of paragraph (b) of 18 subdivision 1 of section 413 of the family court act, as amended by 19 chapter 567 of the laws of 1989, is amended to read as follows: 20 "Income" shall mean, but shall not be limited to, the sum of the 21 amounts determined by the application of clauses (i), (ii), (iii), (iv), 22 (v) and (vi) of this subparagraph reduced by the amount determined by 23 the application of clause (vii) of this subparagraph, provided that in 24 no instance shall a healthy birth grant provided under section three 25 hundred sixty-seven-z of the social services law be considered income: 26 § 19. Section 410-w of the social services law is amended by adding a 27 new subdivision 7-a to read as follows: 28 7-a. For purposes of determining financial eligibility under this 29 title, a healthy birth grant provided under section three hundred 30 sixty-seven-z of this chapter shall be disregarded when determining the 31 eligibility of a household for a child care subsidy. 32 § 20. This act shall take effect on the one hundred eightieth day 33 after the granting of a waiver from the federal department of health and 34 human services under section 1115 of the federal social security act or 35 any successor provisions thereof; provided that the state commissioner 36 of social services shall notify the legislative bill drafting commission 37 upon the occurrence of the granting of such a waiver by the federal 38 department of health and human services provided for in section one of 39 this act in order that the commission may maintain an accurate and time- 40 ly effective data base of the official text of the laws of the state of 41 New in furtherance of effectuating the provisions of section 44 of the 42 legislative law and section 70-b of the public officers law. Effective 43 immediately, the addition, amendment and/or repeal of any rule or regu- 44 lation necessary for the implementation of this act on its effective 45 date are authorized to be made and completed on or before such effective 46 date.
