Bill Text: NY S00528 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to resource exemptions for applicants for public assistance programs; amends the Welfare Reform Act in relation to the effectiveness thereof.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-21 - PRINT NUMBER 528A [S00528 Detail]

Download: New_York-2019-S00528-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           528
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Social Services
        AN ACT to amend  the  social  services  law,  in  relation  to  resource
          exemptions for applicants for public assistance programs; and to amend
          chapter  436  of the laws of 1997, constituting the welfare reform act
          of 1997, in relation to the effectiveness thereof
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  131-n  of the social services law, as amended by
     2  section 16 of part B of chapter 436 of the laws of 1997,  subdivision  1
     3  as  amended by section 1 of part X of chapter 54 of the laws of 2016 and
     4  subdivision 3 as amended by chapter 207 of the laws of 2001, is  amended
     5  to read as follows:
     6    § 131-n. Exemption of income and resources.  1.  The resources identi-
     7  fied  in subdivision two of this section shall be exempt and disregarded
     8  at application in calculating the amount of benefits  of  any  applicant
     9  for any public assistance program. At recertification, resources deline-
    10  ated  in subdivision two of this section shall not be taken into consid-
    11  eration when determining eligibility or calculating the amount of  bene-
    12  fits of any recipient for any public assistance program.
    13    2.  The  following resources shall be exempt and disregarded in calcu-
    14  lating the amount of benefits of any [household under] applicant for any
    15  public assistance program: (a) cash and liquid or nonliquid resources up
    16  to [two] three thousand dollars, or [three] four thousand  five  hundred
    17  dollars  in the case of households in which any member is sixty years of
    18  age or older, (b) an amount up to  [four  thousand  six  hundred  fifty]
    19  seven  thousand  fifty dollars in a separate bank account established by
    20  an individual while currently in receipt  of  assistance  for  the  sole
    21  purpose  of  enabling  the individual to purchase a first or replacement
    22  vehicle for the recipient to seek, obtain  or  maintain  employment,  so
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01042-01-9
        S. 528                              2
     1  long  as the funds are not used for any other purpose, (c) an amount [up
     2  to one thousand four] equal to the greater of five thousand one  hundred
     3  sixty-five  dollars  or  the  maximum  tuition  assistance program award
     4  available  for  the  current  academic  year  in a separate bank account
     5  established by an individual while currently in  receipt  of  assistance
     6  for  the purpose of paying tuition at a two-year or four-year accredited
     7  post-secondary educational institution, so long as  the  funds  are  not
     8  used for any other purpose, (d) the home which is the usual residence of
     9  the  household,  (e)  one  automobile,  up  to ten thousand dollars fair
    10  market value, through March thirty-first, two  thousand  seventeen;  one
    11  automobile,  up to eleven thousand dollars fair market value, from April
    12  first, two thousand seventeen through March thirty-first,  two  thousand
    13  eighteen;  and one automobile, up to twelve thousand dollars fair market
    14  value, beginning April first, two thousand eighteen and  thereafter,  or
    15  such other higher dollar value as the local social services district may
    16  elect  to  adopt, (f) one burial plot per household member as defined in
    17  department regulations, (g) bona fide funeral agreements [up to a  total
    18  of  one  thousand  five  hundred  dollars in equity value] per household
    19  member, (h) funds in an individual development  account  established  in
    20  accordance with subdivision five of section three hundred fifty-eight of
    21  this  chapter  and section four hundred three of the social security act
    22  [and], (i) [for a period of six months,] any  real  property  which  the
    23  household  is  making  a  good  faith effort to sell, in accordance with
    24  department regulations and  tangible  personal  property  necessary  for
    25  business  or for employment purposes in accordance with department regu-
    26  lations, (j) retirement accounts, including but not limited to  individ-
    27  ual  retirement  accounts,  401(k)'s, 403(b)'s, and keogh plans; and (k)
    28  all 529 college savings plans.  If federal law  or  regulations  require
    29  the  exemption or disregard of additional income and resources in deter-
    30  mining need for family assistance, or medical assistance not exempted or
    31  disregarded pursuant to any other provision of this chapter, the depart-
    32  ment may, by regulations subject to the approval of the director of  the
    33  budget,  require  social  services officials to exempt or disregard such
    34  income and resources. Refunds resulting from earned income  tax  credits
    35  shall be disregarded in public assistance programs.  Court ordered child
    36  support  which  is  paid or withheld from income shall not be considered
    37  available income.
    38    [2.] 3. If and to the extent permitted by federal law and regulations,
    39  amounts received under section 105 of Public Law 100-383  as  reparation
    40  payments for internment of Japanese-Americans and payments made to indi-
    41  viduals  because  of  their  status  as  victims  of Nazi persecution as
    42  defined in P.L. 103-286 shall be exempt from consideration as income  or
    43  resources  for purposes of determining eligibility for and the amount of
    44  benefits under any program provided under the authority of this  chapter
    45  and under title XX of the Social Security Act.
    46    4. Ownership of all other personal property not exempt in subdivisions
    47  two  and three of this section, shall be evaluated based upon its equity
    48  value.
    49    [3.] 5. The department is authorized to establish regulations defining
    50  income and resources, consistent with this section.  [The department  is
    51  further  authorized  to  promulgate  regulations  it  deems necessary to
    52  prevent the improper establishment and use of accounts for  purchase  of
    53  first or replacement vehicles.]
    54    §  2.  Subdivision  (c) of section 153 of part B of chapter 436 of the
    55  laws of 1997, constituting the welfare reform act of 1997, as amended by
    56  chapter 140 of the laws of 2017, is amended to read as follows:
        S. 528                              3
     1    (c) Section sixteen of this act shall take  effect  November  1,  1997
     2  [and expire and be deemed repealed August 22, 2019];
     3    §  3.  This act shall take effect immediately; provided, however, that
     4  section one of this act shall take effect on the  first  of  April  next
     5  succeeding the date on which it shall have become a law.