What's happening
This bill allows New York state agencies, municipalities, and authorities to provide public benefits regardless of immigration status.
Why it matters
Expands access to critical services. By letting state and local entities provide benefits regardless of immigration status, more residents—including undocumented immigrants—could access necessities like healthcare, housing assistance, and other social services.
Local control and flexibility. The bill gives agencies, municipalities, and authorities the choice ("at its discretion") to provide benefits, allowing localities to tailor policies based on community needs and resources rather than a one-size-fits-all mandate.
Directly addresses federal restrictions. The legislation specifically bypasses federal limits (8 U.S.C. 1621) that currently bar many non-citizens from receiving public benefits, signaling a state-level commitment to inclusivity even when federal law is more restrictive.
Potential social and economic impacts. By increasing eligibility, the bill could reduce disparities in health, education, and economic stability in immigrant communities, but it may also raise questions about funding, resource allocation, and interactions between state/local and federal law.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Benefits For All Residents
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to finance
- Referred to finance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Benefits For All Residents
In Assembly Committee · Social Services · Sponsor Catalina Cruz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5167
2019-2020 Regular Sessions
IN SENATE
April 12, 2019
Introduced by Sen. PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
AN ACT to amend the executive law, the general municipal law, and the public authorities law, in relation to providing eligibility for state or local public benefits regardless of immigration status
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The executive law is amended by adding a new section 170-c to read as follows:
§ 170-c. Eligibility for state or local public benefits regardless of immigration status. A state agency may, at its discretion, provide state or local public benefits, as defined by the federal personal responsibility and work opportunity reconciliation act 8 U.S.C. 1621 or any successor provision, to persons who, but for such federal law restricting eligibility for such benefits based on immigration status, would be otherwise eligible for such benefits from such agency. For the purposes of this section, a "state agency" shall mean any department, bureau, commission, board, division, office, or agency of the state.
§ 2. The general municipal law is amended by adding a new section 99-h-1 to read as follows:
§ 99-h-1. Eligibility for state or local benefits regardless of immigration status. A municipal corporation may, at its discretion, provide state or local public benefits, as defined by the federal personal responsibility and work opportunity reconciliation act 8 U.S.C. 1621 or any successor provision, to persons who, but for such federal law restricting eligibility for such benefits based on immigration status, would be otherwise eligible for such benefits from such municipal corporation. For purposes of this section, a "municipal corporation" shall mean a county, city, town, village, school district, or board of cooperative educational services of this state or a board of higher education in a city having a population of one million or more.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11025-01-9
S. 5167 2
§ 3. Article 9 of the public authorities law is amended by adding a new title 13 to read as follows:
TITLE 13
STATE OR LOCAL PUBLIC BENEFITS Section 2988. Eligibility for state or local public benefits regardless
of immigration status.
§ 2988. Eligibility for state or local public benefits regardless of immigration status. A state authority or local authority may, at its discretion, provide state or local public benefits, as defined by the federal personal responsibility and work opportunity reconciliation act 8 U.S.C. 1621 or any successor provision, to persons who, but for such federal law restricting eligibility for such benefits based on immigration status, would be otherwise eligible for such benefits from such state or local authority.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, the general munici- pal law, and the public authorities law, in relation to providing eligi- bility for state or local public benefits regardless of immigration status
Purpose or general idea of bill
The purpose of the bill is to provide the state and municipalities with the discretion to offer certain local public benefits necessary to ensure the health, welfare and safety of any individual who would other- wise be deemed eligible absent federal law restricting eligibility due to immigration status.
Summary of specific provisions
Section 1 of the bill adds a new section 170-c to the executive law to allow a state agency, at its discretion, to provide state or local public benefits defined pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act (18 U.S.C. 1621) and other provisions to persons who would otherwise be eligible absent federal law restricting eligibility based on immigration status. Provides definition of state agency.
Section 2 adds a new section 99-h-1 to the general municipal law to allow a municipal corporation, at its discretion, to provide state or local public benefits defined pursuant to the federal Personal Responsi- bility and Work Opportunity Reconciliation Act (18 U.S.C. 1621) and other provisions to persons who would otherwise be eligible absent federal law restricting eligibility based on immigration status. Provides definition of municipal corporation.
Section 3 adds a new title 13 to article 9 of the public authorities law to allow a state or local authority, at its discretion, to provide state or local public benefits defined pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act (18 U.S.C. 1621) and other provisions to persons who would otherwise be eligible absent federal law restricting eligibility based on immigration status.
Section 4 provides for an immediate effective date.
Justification
This legislation would authorize the City of New York, other localities and the State of New York to provide certain public benefits and services to New Yorkers who would otherwise be eligible absent federal laws to the contrary.
At present, states are authorized to provide a range of services to individuals regardless of status, including: adult and child protective services, mental health interventions, shelter, medical care (with certain exceptions such as organ transplants), disaster relief as well as services and programs for victims of human trafficking. States and localities are severely constrained from offering post-acute services and programs directly related to the aforementioned emergency inter- ventions already provided.
The offering of other "state or local public benefits" to those deemed ineligible by federal law has been prohibited since enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). The law provides, however, that after August 22, 1996, a state may enact a law affirmatively providing for the eligibility for those excluded by federal law (8 USC 1621).
New York State would not be the first to enact such a law. Currently, California, Illinois, Texas and Florida have authorizations in place whereby certain benefits ensuring health, welfare and safety are provided to individuals, regardless of their immigration status. This is not only the right thing to do, it is essential to ensure that vulner- able New Yorkers lacking an authorized immigration status are able to seek assistance and care that ultimately prevents additional costly emergency interventions.
Prior legislative history
None.
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.