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or in the case of a publicly owned business, at last* fifty-one per centum of the stock of which is owned by citizens or permanent resident aliens who are women, and such ownership interest is real, substantial and continuing. The provisions of this section shall not be construed to limit the ability of any minority or women-owned business enterprise to bid on any contract.

In order to implement the requirements and objectives of this section, the corporation shall be responsible for monitoring the county's and contractors' compliance with provisions hereof, of advising the county on the availability of competitive qualified minority, and women-owned business enterprises to perform contracts proposed to be awarded, and of making recommendations to the county to improve the access of minority and women-owned business enterprises to these contracts.

27. Notwithstanding the provisions of any general, special or local law or charter, no part of the appropriation made in section twenty-one of this act shall be made available for use for the purposes designated by this act for such appropriation until a certificate of approval of availability shall have been issued by the director of the budget and copy of such certificate filed with the state comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee. Such certificate may be amended from time to time, subject to the approval of the director of the budget, and a copy of each such amendment shall be filed with the state comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee.

§ 28. The director of the budget shall not issue any certificate of approval of availability until: (a) the county of Broome has entered into written agreement with the director of the budget providing for repayment by such county to the state of New York of an amount equal to the total amount expended by the state from the appropriation made herein, and (b) the director of the budget and the corporation have approved the development and operation plan. The repayment agreement shall provide: (a) that until the total amount expended by the state from the appropriation has been repaid, in any year in which the total income from the Broome project exceeds the approved operating costs thereof (including reasonable reserves for repairs and capital replacements), the county shall repay such excess to the state; (b) in the event of the sale or other disposition of the Broome project, for the payment to the state from the proceeds of such sale or disposition of an amount equal to the total amount expended by the state from the appropriation and not theretofore repaid; and (c) such other terms and conditions, including the

repayment of interest, sharing of any revenues or profits from the Broome project and securing the obligations contained therein, as the director of the budget may prescribe. A copy of such agreement shall be filed with the state comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee.

§ 29. The state comptroller is hereby authorized to receive from the county repayment of money disbursed from this appropriation and any in

increment related thereto due to the investment thereof and to deposit the same to the credit of the capital projects fund.

§ 30. Section two of chapter one hundred fifty-two of the laws of nineteen hundred sixty-four, relating to the authorization of contracts between the state and a county for the construction of office buildings and other improvements and the lease thereof to the state, is amended by adding a new subdivision (e) to read as follows:

(e) To enter into an agreement or agreements, as deemed necessary or desirable by the commissioner of general services, with any public

or private

or lessee of a building or facility located within the city of Albany for the sale of water, steam or other utility services determined by the commissioner to be excess to the primary needs of state departments, agencies and employees using and occupy ing buildings or improvements constructed for such purposes pursuant to subdivision (a) of this section, any such sale to be on such terms and for such consideration as determined by the commissioner to be proper and desirable, provided that no such sale of water, steam

other utility

services * So in original. ("last" should be "least". ) EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

to be omitted.

come

or

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shall be for a consideration less than the costs incurred by the state for its generation, production and procurement and the transmittel and provision of the same to the purchaser thereof.

§ 31. This act shall take effect immediately.

CHAPTER 42

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AN ACT to amend the social services law, in relation to eligibility for

and the amount of public assistance
Became a law April 17, 1985, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Section one hundred six-b of the social services law, as amended by chapter ten hundred fifty-three of the laws of nineteen hundred eighty-one, is amended to read' as follows:

§ 106-b. Adjustment for incorrect payments. Any inconsistent provision of law notwithstanding, a social services official shall, in cordance with the regulations of the department and consistent with federal law and regulations, take all necessary steps

to

correct any overpayment of underpayment to a public assistance recipient; provided however, that & social services official may waive recovery of over payment, in the case of an individual who is not currently a recipient of public assistance, where the cost of recovery is greater than the cost of collections as determined in accordance with department regulations consistent with federal law and regulations. For purposes of this section, overpayment shall include payments made to an eligible person in excess of his needs as defined in this chapter and payments made to ineligible persons (including payments made to such persons pending a fair hearing decision). The commissioner shall promulgate reg. ulations to implement procedures for correcting overpayments and underpayments. The procedures for correcting overpayments shall be designed to minimize adverse impact on the recipient, and to the extent possible avoid undue hardship.

$ 2, Paragraph d of subdivision two of section one hundred eleven-c of such law,, as added by chapter six hundred eighty-five of the laws of nineteen' hundred seventy-five, is amended to read as follows:

d. enforce support obligations owed to the state and to the social services district pursuant to subdivision two of section one hundred eleven-b of this chapter; and disburse amounts collected as support payments in accordance with the provisions of this chapter and the regulations of the department, including the disbursement to the aid to dependent children family of [forty percent of] up to the first fifty dollars collected as [child] current support;

§ 3. The fourth undesignated paragraph of subdivision five of section one hundred thirty-one of such law, as amended by chapter three hundred twenty-one of the laws of nineteen hundred eighty-four, is amended to read as follows:

For the purposes of this subdivision and subdivision six, a person receiving or applying for home relief shall be deemed employable if such person not rendered unable to engage in employment or training, by reason of: illness or significant and substantial' incapacitation, either mental or physical, to the extent and of such duration that such’illness or incapacitation prevents such person from performing services; prego nancy if it has been medically, verified that the child is expected to be born in the month in which a determination of employability is made is expected to be born within the three month period immediately following such month; advanced age; full-time attendance at school in the case of person

under the age of twenty-one years, in accordance with provisions of this chapter; full-time, satisfactory participation in an

pproved program of vocational training or rehabilitation, which may include full-time attendance at a two-year community college

approved program leading to a certificate of high school equivalency; the need of such person to provide full-time care for other members of such person's household who are children six years of age or older, and for

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whom required care is not otherwise reasonably available notwithstanding diligent efforts by such person and the appropriate social services district to obtain others to provide such care;, the need of such person, as

parent or other caretaker relative of a child under the age of six to provide full-time care for such child, provided that such person shall be advised of the option to participate in training and employment programs if he or she so desires and shall be informed of the child care services which

are

available; the need of such person to provide full-time care for a person in the same household who has a physical or mental impairment, if no other appropriate member of the household is available to provide required care, provided that such person shall be advised of the option to participate in training and employment programs if he or she so desires and shall be informed of services for the care of disabled persons which are available. A person assigned to and participating in a public works project under the provisions of section one hundred sixty-four or three hundred fifty-k of this chapter shall be deemed to be employable but not employed. For the purposes of this subdivision and subdivision six, a person receiving or applying for aid to dependent children shall be deemed employable in accordance with the provisions of section three hundred fifty-e of this chapter, except that a parent or other caretaker relative who is unable to work by his or her need to provide full-time care for children six years of age or older, and for whom required care is not otherwise reasonably available notwithstanding diligent efforts by such person and the appropriate social services district to obtain others to provide such care; the need of such person, as a parent or other caretaker relative of a child under the age of six to provide full-time care for such child, provided that such

person shall be advised of the option to participate in training and employment programs if he or she so desires and shall be informed of the child care services which are available; or the need of such person to provide full-time care for a person in the same household who has physical or mental impairment, if no other appropriate member of the household is available to provide required care, provided that such person shall be advised of the option to participate in training and employment programs if he or she so desires and shall be informed of services for the care of disabled persons which are available.

§ 4. Subparagraphs (ii), (iii) (iv) and the closing paragraph of paragraph (a) of subdivision'eight of section one hundred thirty-one-a of such law, as added by chapter ten hundred fifty-three of the laws of nineteen hundred eighty-one, are amended to read as follows:

(ii) from the earned income of any child or relative applying for or receiving aid pursuant to such program, or of any other individual living in the same household as such relative and child whose needs are taken into account in making such determination, the first seventy-five dollars of the total of such earned income for such month (or such lesser amount as the department may by regulation prescribe, consistent with federal requirements, in the case of an individual not engaged in full-time employment or not employed throughout the month);

(iii) from the earned incone of any child, relative or other individual specified in paragraph (b) of this subdivision, an amount equal to the necessary expenditures, as defined in department regulations, for care in such month' for a dependent child, or any incapacitated individual living in the same home as the dependent child, receiving aid pursuant to such programs and requiring such care for such month, to the extent that such amount for each such depe dent child or incapacitated individual does not exceed one hundred sixty dollars, such

lesser amount as the department may by regulation prescribe, consistent with federal requirements, in the case of an individual not engaged in fulltime employment or not employed throughout the month; [and]

(iv) from the earned income of any child or relative receiving aid pursuant to such programs or of any other individual living in the same household

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such child or relative whose needs are taken into account in making such determination, an amount equal to (1) the first thirty dollars of such total earned income not already disregarded under subparagraphs (i), (ii) and (iii) of this subdivision plus (2), one-third of the remainder thereof, but excluding for purposes of this paragraph earned income derived from participation in programs operated under the work incentive program which provide institutional and work experience training or public service employment. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

to be omitted.

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purposes of subparagraph (iv) of this subdivision, where the disregard provided for therein shall not apply for more than four consecutive months and shall not apply for so long as a person continues to receive aid pursuant to such programs after such four month period until the expiration of an additional period of twelve consecutive months during which such person is not a recipient of such aid nor shall such) has been applied for four consecutive months, the disregard provided in clause two of such subparagraph shall not apply in any subsequent month, nor

shall the disregard provided in clause one of such subparagraphs be applied in any month after the eighth month following such four consecutive months, for so long as such person continues to receive aid pursuant to such programs or until the expiration of period of

twelve consecutive months during which such person is not a recipient of such aid. Such subparagraph shall not apply to a home relief household which does not have within such household a dependent child under twenty years

§ 5. Paragraph (a) of subdivision eight of section one hundred thirtyone-a of such law is amended by adding a new subparagraph (v) to read as follows:

(v) the first fifty dollars of any support payments received in such month which represent current support payments, in any household applying for receiving public assistance, including support payments collected and paid to the public assistance household by the social services district;

§ 6. Paragraph (a) of subdivision eight of section one hundred thirty, one-a of such law is amended by adding a new subparagraph (vi) to read as follows: (vi) for a period of six

six months in any calendar year, all of the earned income of a dependent child receiving such aid who is a full-time student.

§ 7. Paragraph (a) of subdivision ten of section one hundred thirtyone-a of such law, as added by chapter ten hundred fifty-three of the laws of nineteen hundred eighty-one, is amended to read as follows:

(a) Notwithstanding the provisions of this section or any other law to the contrary, no person or family shall be eligible for home relief, aid to dependent children or veteran assistance for any month in which the total income of the family, excluding, benefits received under such programs and

without application of the income exemptions and disregards (as) provided in subparagraphs (i), (ii), (iii) and (iv) of paragraph Ta) of subdivision eight of this section, exceeds one hundred fifty percent of the standard of need for a family of the same composition.

$ 8. Paragraph (a) of subdivision ten of section one hundred thirtyone-a of such law, as amended by section seven of this act, is amended to read as follows:

(a) Notwithstanding the provisions of this section or any other law to the contrary, no person or family shall be eligible for home relief, aid to dependent children or veteran assistance for any month in which the total income of the family, excluding, benefits received under such programs and

without application of the income exemptions and disregards provided in subparagraphs (i), (ii), (iii) and (iv) of paragraph (a) of subdivision eight of this section, exceeds one hundred [fifty] eightyfive percent of the standard of need for family of the same composition.

§ 9. Section one hundred thirty-one-a of such law is amended by adding a new subdivision eleven to read as follows:

11. In accordance with regulations of the department, consistent with federal law and regulations, in making a determination of need for the home relief, aid to dependent children and veteran assistance programs, social services officials shall not include as income any support or maintenance assistance furnished to or on behalf of the family which in accordance with department regulations is based on need for such support and maintenance, including assistance received to assist in meeting the costs of home energy and which is: (a) assistance furnished in kind by a private nonprof it agency, or (b) assistance furnished by a supplier of home heating oil or gas, by entity whose revenues primarily derived a rate-of-return basis regulated by a state or federal governmental entity, or by a municipal utility providing home energy:

S 10. Section one hundred thirty-one-a of such law is amended by adding a new subdivision twelve to read as follows:

12. (a) No public assistance household having income which, after application of applicable disregards, exceeds the household standard of need, because of the receipt in any month of a nonrecurring lump sum of

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earned or unearned income, shall be eligible for home relief, aid to dependent children or veteran assistance for a period equal to the full number of months derived by dividing (i) the sum of the lump sum income and all other income received in such month which is not excluded under subdivision eight of this section; by (ii) the standard of need for a family size which consists of the home relief, aid to dependent children or veteran assistance household plus any other individuals whose lump sum income is considered available to such household. Any income remaining from this calculation is income in the first month following such period of ineligibility.

(b). At any time after determining the period of ineligibility as required in paragraph (a) of this subdivision, the social services official shall 'recalculate the remaining period of ineligibility in such circumstances and under such conditions as the department shall prescribe by regulation consistent with federal law and regulations.

§ 11. Such law is amended by adding a new section one hundred thirtyone-c to read as follows:

§ 131-c. Inclusion of parents and siblings of a minor in the public assistance household. l. For the purposes of determining eligibility for and the amount of assistance payable, the social services district shall, when a minor is named as an applicant for public assistance, require that his or her parents and minor brothers and sisters also apply for assistance and be included in the household for purposes of determining eligibility and grant amounts, if such individuals reside in the same dielling unit' as the minor applying for assistance. Any income of or available for such parents, brothers and sisters which is not disregarded under subdivision eight of section one hundred thirty-one-a of this article, shall be considered available to such household. The provisions of this subdivision shall not apply to individuals who are recipients of federal supplemental security income benefits or additional state payments pursuant to this chapter, or to individuals whose relationship to,

the minor is that of stepbrother or stepsister, or to any other individuals whose needs are excluded pursuant to department regulations consistent with federal law and regulati

ions. 2. For the purposes of determining eligibility for and the amount of assistance payable, the social services district shall deem available to any minor whose parent or legal guardian is a minor, any income of the parent or legal guardian of such minor parent or legal guardian residing in the same dwelling unit, to the same extent that the income of a stepparent would be included pursuant to subdivision nine of section hundred thirty-one-a of this article.

3. For the purposes of this section & minor is a child under the age of eighteen.

& 12. Section one hundred thirty-one-k of such law is amended by adding a new subdivision four to read as follows;

Any individual who is an alien lawfully admitted for permanent residence or otherwise residing in the United States under color of law and whose sponsor was & public or private agency shall be ineligible for aid under the home relief, aid to dependent children and veteran sistance programs during the period of three years after his or her entry into the United States, unless the social services official determines, based upon such criteria and such documentary evidence as may be required by regulation of the department consistent with federal law and regulations, that such sponsor either no longer exists or has become unable to meet such individual's needs.

§ 13. Such law is amended by adding a new section one hundred thirtyone-t to read as follows:

S 131-t. Monthly reporting and retrospective budget ing. 1. If and for so long as federal law shall require, social services official shall require each public assistance or food stamp household to which it furnishes public assistance or, food stamps and which is currently receiving or recently received earned income to submit a monthly report relating to factors affecting eligibility, to the extent and in the manner required by department regulations, to the social services district as a condition of such households receipt or continued receipt of such assistance.

2. Social services districts shall, in the case of public assistance or food stamp households be required to submit a monthly report pursuant

the provisions of subdivision one of this section, determine eligiEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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to be omitted.

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