Authorizes the legislature to require a state or municipal entity to enact a period of residency requirement for persons applying for certain social services.

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S2494-2011 Actions

• Feb 8, 2012: OPINION REFERRED TO JUDICIARY
• Jan 9, 2012: TO ATTORNEY-GENERAL FOR OPINION
• Jan 4, 2012: REFERRED TO JUDICIARY
• Apr 27, 2011: OPINION REFERRED TO JUDICIARY
• Feb 1, 2011: TO ATTORNEY-GENERAL FOR OPINION
• Jan 24, 2011: REFERRED TO JUDICIARY

S2494-2011 Memo

BILL NUMBER:S2494

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

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
RESOLVED (if the Assembly concur), That the foregoing amendments be
referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and, in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.

S2494-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2494

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 24, 2011
                                 ___________

  Introduced  by Sens. RANZENHOFER, ALESI, JOHNSON, LARKIN, LIBOUS -- read
    twice and ordered printed, and when printed to  be  committed  to  the
    Committee on Judiciary

              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

    Section  1.  Resolved (if the Assembly concur), That article 17 of the
  constitution be amended by adding a new section 8 to read as follows:

    S 8. NOTWITHSTANDING ANY OTHER PROVISION  OF  THIS  CONSTITUTION,  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 THIS ARTICLE.
    S 2. Resolved (if the Assembly concur), That the  foregoing  amendment
  be referred to the first regular legislative session convening after the
  next  succeeding  general  election  of members of the assembly, and, in
  conformity with  section  1  of  article  19  of  the  constitution,  be
  published for 3 months previous to the time of such election.





   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD89034-01-1