S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1161
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 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:
   § 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

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

                                                            LBD02403-01-7

 S. 1161                             2

 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 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.]
   § 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:

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   (c)  Section  sixteen  of  this act shall take effect November 1, 1997
 [and expire and be deemed repealed August 22, 2017].
   §  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.