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

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 3-0)

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

Download: New_York-2023-S02705-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2705--A

                               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

        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
    18  which  any  member  is sixty years of age or older or is disabled or ten
    19  thousand dollars for recipients], (b) an amount up to [four thousand six
    20  hundred] seven thousand fifty dollars in a separate bank account  estab-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05293-03-3
        S. 2705--A                          2

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

     1    5. The department is  authorized  to  establish  regulations  defining
     2  income  and  resources, consistent with this section. [The department is
     3  further authorized to  promulgate  regulations  it  deems  necessary  to
     4  prevent  the  improper establishment and use of accounts for purchase of
     5  first or replacement vehicles.]
     6    §  2.  Subdivision  (c) of section 153 of part B of chapter 436 of the
     7  laws of 1997, constituting the welfare reform act of 1997, as amended by
     8  chapter 165 of the laws of 2021, is amended to read as follows:
     9    (c) Section sixteen of this act shall take  effect  November  1,  1997
    10  [and expire and be deemed repealed August 22, 2023];
    11    §  3.  This act shall take effect immediately; provided, however, that
    12  section one of this act shall take effect on the  first  of  April  next
    13  succeeding the date on which it shall have become a law.