Bill Text: NY S02705 | 2023-2024 | General Assembly | Amended

---

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 3-0)

Status: (Introduced) 2024-02-13 - REPORTED AND COMMITTED TO FINANCE [S02705 Detail]

Download: New_York-2023-S02705-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         2705--B

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 24, 2023
                                       ___________

        Introduced  by  Sens.  PERSAUD, HOYLMAN-SIGAL, SALAZAR -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Social  Services -- reported favorably from said committee and commit-
          ted to the Committee on Finance -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          recommitted  to  the  Committee  on Social Services in accordance with
          Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN  ACT  to  amend  the  social  services  law,  in relation to resource
          exemptions for applicants for public assistance programs; and to amend
          part B of 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 5 of part U of chapter 56 of the laws of 2022  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] ten thousand [five  hundred]  dollars  [for  applicants,  three
    17  thousand  seven  hundred  fifty  dollars for applicants in households in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05293-04-4
        S. 2705--B                          2

     1  which any member is sixty years of age or older or is  disabled  or  ten
     2  thousand dollars for recipients], (b) an amount up to [four thousand six
     3  hundred]  seven thousand fifty dollars in a separate bank account estab-
     4  lished by an individual while currently in receipt of assistance for the
     5  sole  purpose of enabling the individual to purchase a first or replace-
     6  ment vehicle for the recipient to seek, obtain or  maintain  employment,
     7  so  long  as the funds are not used for any other purpose, (c) an amount
     8  [up to one thousand four] equal to the  greater  of  five  thousand  one
     9  hundred  sixty-five  dollars  or  the maximum tuition assistance program
    10  award available for the current academic year in a separate bank account
    11  established by an individual while currently in  receipt  of  assistance
    12  for  the purpose of paying tuition at a two-year or four-year accredited
    13  post-secondary educational institution, so long as  the  funds  are  not
    14  used for any other purpose, (d) the home which is the usual residence of
    15  the  household,  (e)  one  automobile,  up  to ten thousand dollars fair
    16  market value, through March thirty-first, two  thousand  seventeen;  one
    17  automobile,  up to eleven thousand dollars fair market value, from April
    18  first, two thousand seventeen through March thirty-first,  two  thousand
    19  eighteen;  and one automobile, up to twelve thousand dollars fair market
    20  value, beginning April first, two thousand eighteen and  thereafter,  or
    21  such other higher dollar value as the local social services district may
    22  elect  to  adopt, (f) one burial plot per household member as defined in
    23  department regulations, (g) bona fide funeral agreements [up to a  total
    24  of  one  thousand  five  hundred  dollars in equity value] per household
    25  member, (h) funds in an individual development  account  established  in
    26  accordance with subdivision five of section three hundred fifty-eight of
    27  this  [chapter]  article  and  section  four hundred three of the social
    28  security act, (i) for a period of six months, real  property  which  the
    29  household  is  making  a  good  faith effort to sell, in accordance with
    30  department regulations and  tangible  personal  property  necessary  for
    31  business  or for employment purposes in accordance with department regu-
    32  lations, [and] (j) funds in a qualified tuition program  that  satisfies
    33  the  requirement of section 529 of the Internal Revenue Code of 1986, as
    34  amended, [and] (k) funds in a New York achieving a better  life  experi-
    35  ence  savings account established in accordance with article eighty-four
    36  of the mental hygiene law, (l) retirement accounts,  including  but  not
    37  limited to individual retirement accounts, 401(k)'s, 403(b)'s, and Keogh
    38  plans, and (m) all 529  college savings plans.
    39    If  federal  law  or regulations require the exemption or disregard of
    40  additional income and resources in determining need for  family  assist-
    41  ance,  or medical assistance not exempted or disregarded pursuant to any
    42  other provision of this chapter,  the  department  may,  by  regulations
    43  subject  to  the  approval of the director of the budget, require social
    44  services officials to exempt or disregard  such  income  and  resources.
    45  Refunds resulting from earned income tax credits shall be disregarded in
    46  public  assistance programs.   Court ordered child support which is paid
    47  or withheld from income shall not be considered available income.
    48    [2.] 3. If and to the extent permitted by federal law and regulations,
    49  amounts received under section 105 of Public Law 100-383  as  reparation
    50  payments for internment of Japanese-Americans and payments made to indi-
    51  viduals  because  of  their  status  as  victims  of Nazi persecution as
    52  defined in P.L. 103-286 shall be exempt from consideration as income  or
    53  resources  for purposes of determining eligibility for and the amount of
    54  benefits under any program provided under the authority of this  chapter
    55  and under title XX of the Social Security Act.
        S. 2705--B                          3

     1    [3.]  4. Ownership of all other personal property not exempt in subdi-
     2  visions two and three of this section, shall be evaluated based upon its
     3  equity value.
     4    5.  The  department  is  authorized  to establish regulations defining
     5  income and resources, consistent with this section. [The  department  is
     6  further  authorized  to  promulgate  regulations  it  deems necessary to
     7  prevent the improper establishment and use of accounts for  purchase  of
     8  first or replacement vehicles.]
     9    §  2.  Subdivision  (c) of section 153 of part B of chapter 436 of the
    10  laws of 1997, constituting the welfare reform act of 1997, as amended by
    11  chapter 195 of the laws of 2023, is amended to read as follows:
    12    (c) Section sixteen of this act shall take  effect  November  1,  1997
    13  [and expire and be deemed repealed August 22, 2025];
    14    §  3.  This act shall take effect immediately; provided, however, that
    15  section one of this act shall take effect on the  first  of  April  next
    16  succeeding the date on which it shall have become a law.