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

                                  7787

                            I N  S E N A T E

                              May 12, 2016
                               ___________

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:

  Section  1.  Section  131-n  of the social services law, as amended by
section 16 of part B of chapter 436 of the laws of 1997,  subdivision  1
as  amended by section 1 of part X of chapter 54 of the laws of 2016 and
subdivision 3 as amended by chapter 207 of the laws of 2001, is  amended
to read as follows:
  S 131-n. Exemption of income and resources.  1.  THE RESOURCES IDENTI-
FIED  IN SUBDIVISION TWO OF THIS SECTION SHALL BE EXEMPT AND DISREGARDED
AT APPLICATION IN CALCULATING THE AMOUNT OF BENEFITS  OF  ANY  APPLICANT
FOR ANY PUBLIC ASSISTANCE PROGRAM. AT RECERTIFICATION, RESOURCES DELINE-
ATED  IN SUBDIVISION TWO OF THIS SECTION SHALL NOT BE TAKEN INTO CONSID-
ERATION WHEN DETERMINING ELIGIBILITY OR CALCULATING THE AMOUNT OF  BENE-
FITS OF ANY RECIPIENT FOR ANY PUBLIC ASSISTANCE PROGRAM.
  2.  The  following resources shall be exempt and disregarded in calcu-
lating the amount of benefits of any [household under] APPLICANT FOR any
public assistance program: (a) cash and liquid or nonliquid resources up
to [two] THREE thousand dollars, or [three] FOUR thousand  FIVE  HUNDRED
dollars  in the case of households in which any member is sixty years of
age or older, (b) an amount up to  [four  thousand  six  hundred  fifty]
SEVEN  THOUSAND  FIFTY dollars in a separate bank account established by
an individual while currently in receipt  of  assistance  for  the  sole
purpose  of  enabling  the individual to purchase a first or replacement
vehicle for the recipient to seek, obtain  or  maintain  employment,  so
long  as the funds are not used for any other purpose, (c) an amount [up
to one thousand four] EQUAL TO THE GREATER OF FIVE THOUSAND ONE  hundred
SIXTY-FIVE  dollars  OR  THE  MAXIMUM  TUITION  ASSISTANCE PROGRAM AWARD
AVAILABLE FOR THE CURRENT ACADEMIC  YEAR  in  a  separate  bank  account
established  by  an  individual while currently in receipt of assistance
for the purpose of paying tuition at a two-year or four-year  accredited
post-secondary  educational  institution,  so  long as the funds are not
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13670-03-6

S. 7787                             2

used for any other purpose, (d) the home which is the usual residence of
the household, (e) one automobile,  up  to  ten  thousand  dollars  fair
market  value,  through  March thirty-first, two thousand seventeen; one
automobile,  up to eleven thousand dollars fair market value, from April
first, two thousand seventeen through March thirty-first,  two  thousand
eighteen;  and one automobile, up to twelve thousand dollars fair market
value, beginning April first, two thousand eighteen and  thereafter,  or
such other higher dollar value as the local social services district may
elect  to  adopt, (f) one burial plot per household member as defined in
department regulations, (g) bona fide funeral agreements [up to a  total
of  one  thousand  five  hundred  dollars in equity value] per household
member, (h) funds in an individual development  account  established  in
accordance with subdivision five of section three hundred fifty-eight of
this  chapter  and section four hundred three of the social security act
[and], (i) [for a period of six months,] ANY  real  property  which  the
household  is  making  a  good  faith effort to sell, in accordance with
department regulations and  tangible  personal  property  necessary  for
business  or for employment purposes in accordance with department regu-
lations, (J) RETIREMENT ACCOUNTS, INCLUDING BUT NOT LIMITED TO  INDIVID-
UAL  RETIREMENT  ACCOUNTS,  401(K)'S, 403(B)'S, AND KEOGH PLANS; AND (K)
ALL 529 COLLEGE SAVINGS PLANS.  If federal law  or  regulations  require
the  exemption or disregard of additional income and resources in deter-
mining need for family assistance, or medical assistance not exempted or
disregarded pursuant to any other provision of this chapter, the depart-
ment may, by regulations subject to the approval of the director of  the
budget,  require  social  services officials to exempt or disregard such
income and resources. Refunds resulting from earned income  tax  credits
shall be disregarded in public assistance programs.  COURT ORDERED CHILD
SUPPORT  WHICH  IS  PAID OR WITHHELD FROM INCOME SHALL NOT BE CONSIDERED
AVAILABLE INCOME.
  [2.] 3. If and to the extent permitted by federal law and regulations,
amounts received under section 105 of Public Law 100-383  as  reparation
payments for internment of Japanese-Americans and payments made to indi-
viduals  because  of  their  status  as  victims  of Nazi persecution as
defined in P.L. 103-286 shall be exempt from consideration as income  or
resources  for purposes of determining eligibility for and the amount of
benefits under any program provided under the authority of this  chapter
and under title XX of the Social Security Act.
  4. OWNERSHIP OF ALL OTHER PERSONAL PROPERTY NOT EXEMPT IN SUBDIVISIONS
TWO  AND THREE OF THIS SECTION, SHALL BE EVALUATED BASED UPON ITS EQUITY
VALUE.
  [3.] 5. The department is authorized to establish regulations defining
income and resources, CONSISTENT WITH THIS SECTION.  [The department  is
further  authorized  to  promulgate  regulations  it  deems necessary to
prevent the improper establishment and use of accounts for  purchase  of
first or replacement vehicles.]
  S  2.  Subdivision  (c) of section 153 of part B of chapter 436 of the
laws of 1997, constituting the welfare reform act of 1997, as amended by
chapter 187 of the laws of 2015, is amended to read as follows:
  (c) Section sixteen of this act shall take  effect  November  1,  1997
[and expire and be deemed repealed August 22, 2017].
  S  3.  This act shall take effect immediately; provided, however, that
section one of this act shall take effect on the  first  of  April  next
succeeding the date on which it shall have become a law.