What's happening
This bill directs a study on whether residents of state-operated facilities for people with developmental disabilities can use debit cards for their cash accounts.
Why it matters
Examines potential legal and financial barriers. The required study must assess whether allowing debit cards for residents’ accounts would conflict with state or federal law, highlighting possible regulatory or compliance issues that could affect implementation.
Analyzes financial impacts on vulnerable individuals. The study will specifically look at how banking fees could affect the personal finances of residents with developmental disabilities, who often live on limited means, raising concerns about affordability and access.
Considers broader effects on state finances and the financial sector. By evaluating how shifting funds from individuals to financial institutions might impact both state budgets and the financial industry, the study recognizes the broader economic implications of such a policy change.
Requires comprehensive reporting to policymakers. The bill mandates that detailed findings—including legal, practical, and financial considerations, as well as potential vendor options—are reported to top state officials, ensuring any future decision is informed by thorough analysis.
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Who cares
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Study Debit Cards for Residents
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 8
No co-sponsors yet.
History
- Signed chap.234
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.402
- Substituted for A7859A
- Referred to mental health
- Delivered to assembly
- Passed senateVote 61–0
- Advanced to third reading
- 2nd report cal.
- Amended 5538a
Show 11 earlier actions
- 1st report cal.182
- Referred to mental health and developmental disabilities
- Returned to senate
- Died in assembly
- Referred to mental health
- Delivered to assembly
- Passed senateVote 60–0
- Ordered to third reading cal.824
- Reported and committed to rules
- Reported and committed to finance
- Referred to mental health and developmental disabilities
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.
Study Debit Cards for Residents
Assembly Floor Calendar · Sponsor Kimberly Jean-Pierre
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5538--A Cal. No. 182
2019-2020 Regular Sessions
IN SENATE
May 6, 2019
Introduced by Sen. BROOKS -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities -- recommitted to the Committee on Mental Health and Developmental Disabilities in accordance with Senate Rule 6, sec.
8 -- reported favorably from said committee, ordered to first report, amended on first report, ordered to a second report and ordered reprinted, retaining its place in the order of second report
AN ACT directing the commissioner of the office for people with developmental disabilities to conduct a study on the feasibility of allowing the use of debit cards for resident's cash accounts; and providing for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 1. The commissioner of the office for people with developmental disabilities shall conduct a study, in cooperation and consultation with the comptroller's office, to determine the feasibility of such office authorizing the use of debit cards, as defined pursuant to subdivision 9 of section 511 of the general business law, for cash accounts of residents of facilities operated by such office to be used for facilities and service providers holding operating certificates pursuant to section 16.03 of the mental hygiene law.
2. Such study shall include, but not be limited to, an examination of whether the use of debit cards for residents' cash accounts would be in conflict with any provisions of the state finance law or federal law, the impact that banking fees would have on the individual finances of each resident, the impact that banking fees would have on state finances, and what effect would result from shifting funds from individuals served by the office for people with developmental disabilities to the financial industry.
3. Upon completion of such study, but no later than December 31, 2021, the commissioner of the office for people with developmental disabili-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11271-03-0
S. 5538--A 2
ties shall issue a report based on the findings of such study to the governor, the temporary president of the senate, the speaker of the assembly, the commissioner of mental health, and the comptroller, which shall include, but not be limited to:
(a) the findings of such study;
(b) potential ways to resolve any conflicts with the state finance law and federal law;
(c) viability and numbers of vendors in the marketplace; and
(d) any additional financial implications that authorizing the use of debit cards for residents' cash accounts would have on individuals or the state.
§ 2. This act shall take effect immediately and shall expire and be deemed repealed January 1, 2022.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act directing the commissioner of the office for people with develop- mental disabilities to conduct a study on the feasibility of allowing the use of debit cards for resident's cash accounts; and providing for the repeal of such provisions upon expiration thereof
Purpose
The purpose of this bill is to commission a study on the viability of providing debit cards to individuals in licensed residential facilities.
Summary of provisions
Section 1. directs the commissioner for the office of people with devel- opmental disabilities in consultation with the comptroller's office to conduct a study on the feasibility of authorizing the use of debit cards for cash accounts of residents of licensed residential facilities. The study shall include an examination of whether such accounts would conflict with other laws and the financial effects of such a law on the state, the individuals involved, and the financial industry. The commis- sioner shall issue a report to the governor, the temporary president of the senate, the speaker of the assembly, the commissioner of mental health, and the comptroller by December 31, 2021.
Section 2. is the enacting clause.
Justification
People with mental disabilities face challenges in organizing their financial decisions with autonomy without falling prey to fraud and abuse by predatory influences. Individuals with mental disabilities deserve and often desire control over their own financial decisions, but protections against abuse are a needed safeguard for this vulnerable population. This bill will establish a study to explore whether the use of debit cards for individuals in licensed residential facilities are an effective tool to aid their financial security and autonomy.
Fiscal implications
None.
Effective date
This act shall take effect immediately and shall expire and be deemed repealed after January 1, 2022.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.