Senate Bill S2705B

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2705
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sen. PERSAUD -- 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
   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] TEN
 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] SEVEN thou-
 sand [six hundred] 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05293-01-3
              

 S. 2705                             2
 
 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
 S. 2705                             3

 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2705--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05293-03-3
              

 S. 2705--A                          2
 
 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,
 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.
 S. 2705--A                          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.]
   §  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.