S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5689
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 22, 2023
                                ___________
 
 Introduced  by  M.  of  A. DAVILA, L. ROSENTHAL, HEVESI -- read once and
   referred 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
   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  amended by section 5 of part U of chapter 56 of the laws of 2022 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  [five  hundred] dollars [for applicants, three
 thousand seven hundred fifty dollars for  applicants  in  households  in
 which  any  member  is sixty years of age or older or is disabled or ten
 thousand dollars for recipients], (b) an amount up to [four thousand six
 hundred] SEVEN THOUSAND fifty dollars in a separate bank account  estab-
 lished by an individual while currently in receipt of assistance for the
 sole  purpose of enabling the individual to purchase a first or replace-
 ment vehicle for the recipient to seek, obtain or  maintain  employment,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05293-02-3
              

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 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 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] 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  regu-
 lations,  [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]  (k) funds in a New York achieving a better life experi-
 ence 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 assist-
 ance, 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
 further  authorized  to  promulgate  regulations  it  deems necessary to
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 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.