Authorizes the legislature to enact a period of residency requirement for persons applying for certain social services

6 Co-sponsors

• John J. Bonacic
• John A. DeFrancisco
• William J. Larkin Jr.
• Tom Libous
• Michael F. Nozzolio
• Lee M. Zeldin

BILL NUMBER:S1124

Title of bill

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to article 17 of the constitution, in relation to a residency period prior to receipt of certain social services

Summary of provisions

Section 1 provides that Article 17 of the Constitution be amended by adding a new Section 8 which provides that the Legislature may direct the state, a municipality or other entity acting as an instrumentality of the state or a municipality to require a specific period of residency within the state as a prerequisite to any person seeking the provision of such services set forth in Article 17.

Section 2 would provide for submission of this constitutional amendment to the first Regular Session of the Legislature after the next succeeding general election of the members of the Assembly.

Purpose and justification

New York has one of the most generous Medicaid and social service programs in the United States. Section 1 of Article XVII of the New York State Constitution provides that the aid, care and support of the needy shall be provided for by the state in such manner and by such means as the Legislature may from time to time determine. Section 3 of Article XVII of the New York State Constitution provides that provision for the protection of the health of the inhabitants of the state shall be made in such manner and by such means as the Legislature shall from time to time determine. However, New York courts have decided that it is unconstitutional for the Legislature to impose a durational residency requirement under Article XVII of the New York State Constitution. This Constitutional Amendment specifically declares that the Legislature, in its discretion to provide these services in such manner and by such means as it determines, may lawfully require a period of residency within the state as a prerequisite for the provision of the services provided pursuant to Article XVII of the Constitution.

Prior legislative history

2005 - S.5365/A.7952 - JUDICIARY/Social Services-AG for Opinion-Judiciary 2006 - S.5365/A.7952 - JUDICIARY-AG for OPINION-OPINION REF. to JUDICIARY/ Social Services-AG for Opinion-Opinion Ref to Judiciary/Held Soc Ser 2007-08 - S.3290/A.5909 -- JUDICIARY/Judiciary 2009-10 - S.2991/a.6644 JUDICIARY/Soc. Services 2011-12 - S.S.2494/A.2281 -- JUDICIARY/AG for OPINION/Soc. Serv/AG for Opinion

Fiscal implications

None.

Effective date

Immediately after approval by two separately elected Legislatures and the voters at referendum.