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