Senate Bill S5574A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5574--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2021
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services --  recom-
   mitted  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:
 
   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 separately amended by chapters 323 and 329 of the laws  of  2019  and
 subdivision  3 as amended by chapter 207 of the laws of 2001, is amended
 to read as follows:
   § 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] TEN thousand dollars, or [three] TEN thousand  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]  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01536-02-2
              

 S. 5574--A                          2
 
 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 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 thou-
 sand 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  individ-
 ual  development account established in accordance with subdivision five
 of section three hundred  fifty-eight  of  this  [chapter]  ARTICLE  and
 section  four hundred three of the social security act, (i) for a period
 of six months, 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 regulations, [and] (j) funds in a qualified
 tuition program that satisfies the requirement of  section  529  of  the
 Internal  Revenue Code of 1986, as amended, [and (j)] (K) funds in a New
 York achieving a better life experience savings account  established  in
 accordance  with  article  eighty-four  of  the  mental hygiene law, (L)
 RETIREMENT ACCOUNTS, INCLUDING BUT NOT LIMITED TO INDIVIDUAL  RETIREMENT
 ACCOUNTS,  401(K)'S,  403(B)'S, AND KEOGH PLANS, AND (M) ALL 529 COLLEGE
 SAVINGS PLANS. If federal law or regulations require  the  exemption  or
 disregard  of  additional  income  and resources in determining need for
 family assistance, or medical assistance  not  exempted  or  disregarded
 pursuant  to any other provision of this chapter, the department 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.
   [3.]  4. OWNERSHIP OF ALL OTHER PERSONAL PROPERTY NOT EXEMPT IN SUBDI-
 VISIONS TWO AND THREE OF THIS SECTION, SHALL BE EVALUATED BASED UPON ITS
 EQUITY VALUE.
   5. The department is  authorized  to  establish  regulations  defining
 income  and  resources, CONSISTENT WITH THIS SECTION. [The department is
 S. 5574--A                          3

 further authorized to  promulgate  regulations  it  deems  necessary  to
 prevent  the  improper establishment and use of accounts for purchase of
 first or replacement vehicles.]
   §  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 165 of the laws of 2021, 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, 2023];
   § 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.