S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3342
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Social Services
 
 AN  ACT  to amend the social services law, in relation to public assist-
   ance; and to repeal certain provisions of such law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (iii)  of paragraph (a) of subdivision 8 of
 section 131-a of the social services law, as amended by chapter  246  of
 the laws of 2002, is amended to read as follows:
   (iii)  [forty-two] NO LESS THAN FIFTY-ONE percent of the earned income
 for such month of any recipient [in a household containing  a  dependent
 child]  which  remains  after  application of all other subparagraphs of
 this paragraph; provided, however, that such percentage amount shall  be
 adjusted  in  June  of each year, commencing in nineteen hundred ninety-
 eight, to reflect changes in the most recently issued poverty guidelines
 of the United States Bureau of the Census,  such  that  a  household  of
 three  without  special  needs, living in a heated apartment in New York
 city and without unearned income would become ineligible for  assistance
 with  gross  earnings  equal  to  the  poverty level in such guidelines;
 provided, however, that no assistance shall be given  to  any  household
 with  gross earned and unearned income, exclusive of income described in
 subparagraphs (i) and (vi) of this paragraph, in excess of such  poverty
 level;
   §  2.  Subdivision  10  of section 131-a of the social services law is
 REPEALED.
   § 3. 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 sepa-
 rately amended by chapters 323 and 329 of the laws of 2019, and subdivi-
 sion 3 as amended by chapter 207 of the laws of 2001, is amended to read
 as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01625-01-1
              

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   § 131-n.  Exemption  of  income  and  resources.    1.  The  following
 resources  shall  be exempt and disregarded in calculating the amount of
 benefits of any household under any public assistance program: (a)  cash
 and  liquid  or nonliquid resources up to two thousand dollars, or three
 thousand  dollars in the case of households in which any member is sixty
 years of age or older[,]; PROVIDED, HOWEVER, AT RECERTIFICATION  OR  ANY
 OTHER  TIME  AN  ASSESSMENT  OF  RESOURCES IS CONDUCTED TO CALCULATE THE
 AMOUNT OF BENEFITS A HOUSEHOLD IS ELIGIBLE FOR, THE AMOUNT OF  CASH  AND
 LIQUID OR NONLIQUID RESOURCES MAY INCREASE BY NO MORE THAN FIVE THOUSAND
 FIVE HUNDRED DOLLARS ANNUALLY FROM THE AMOUNT AVAILABLE TO THE HOUSEHOLD
 AT  APPLICATION,  PROVIDED, FURTHER, AT NO TIME SHALL SUCH AMOUNT EXCEED
 THE FEDERAL POVERTY LEVEL FOR THAT PARTICULAR HOUSEHOLD'S SIZE,  (b)  an
 amount  up  to  [four]  TWELVE thousand [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 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 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 AT THEIR INITIAL RECERTIFICATION for  the  purpose
 of  paying  tuition at a two-year or four-year accredited post-secondary
 educational institution, PROVIDED HOWEVER, FOR EVERY  SUBSEQUENT  RECER-
 TIFICATION  OR  ANY  OTHER SUBSEQUENT TIME AN ASSESSMENT OF RESOURCES IS
 CONDUCTED TO CALCULATE THE AMOUNT OF BENEFITS A  HOUSEHOLD  IS  ELIGIBLE
 FOR,  THE  AMOUNT  OF  CASH  MAY  INCREASE BY NO MORE THAN FIVE THOUSAND
 DOLLARS ANNUALLY, PROVIDED FURTHER, AT NO TIME SHALL SUCH AMOUNT  EXCEED
 THE  AVERAGE COST TO ATTEND A STATE UNIVERSITY OF NEW YORK FOR ONE YEAR,
 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 devel-
 opment 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,  (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 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,  AND  (L)
 RETIREMENT  ACCOUNTS, INCLUDING BUT NOT LIMITED TO INDIVIDUAL RETIREMENT
 ACCOUNTS, 401(K)'S, 403(B)'S, AND KEOGH PLANS.  If federal law or  regu-
 lations  require  the  exemption  or  disregard of additional income and
 resources in determining need for family assistance, or medical  assist-

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 ance 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. 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. OWNERSHIP OF ALL OTHER PERSONAL PROPERTY NOT EXEMPT IN  SUBDIVISION
 TWO  OR  THREE  OF THIS SECTION SHALL BE EVALUATED BASED UPON ITS EQUITY
 VALUE.
   4. 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.]
   § 4. Subdivision 5 of section 330 of the social services law is renum-
 bered subdivision 6 and a new subdivision 5 is added to read as follows:
   5. "EXECUTIVE FUNCTION" SHALL MEAN A SET OF MENTAL  SKILLS  AND  PROC-
 ESSES  UTILIZED  IN  AN INDIVIDUAL'S DAILY ACTIVITIES INCLUDING, BUT NOT
 LIMITED TO, IMPULSE CONTROL, WORKING MEMORY AND MENTAL FLEXIBILITY.
   § 5. The section heading, subdivision 1 and paragraph (a) of  subdivi-
 sion  2  of  section 335 of the social services law, the section heading
 and paragraph (a) of subdivision 2 as amended by section 148 of  part  B
 of  chapter  436  of  the  laws of 1997, and subdivision 1 as amended by
 chapter 214 of the laws of 1998, are amended to read as follows:
   Assessments and employability plans for certain recipients [in  house-
 holds  with  dependent  children] OF PUBLIC ASSISTANCE.   1. Each social
 services official shall ensure that each recipient of public  assistance
 who is [a member of a household with dependent children and is] eighteen
 years  of  age or older, or who is sixteen or seventeen years of age and
 is not attending secondary school and has not completed high school or a
 high school equivalency program, receives an assessment of employability
 based on his or her educational level, including  literacy  and  English
 language  proficiency,  basic  skills proficiency, ACCESS TO child care,
 EXECUTIVE FUNCTION LEVEL AS DEFINED IN SUBDIVISION FIVE OF SECTION THREE
 HUNDRED THIRTY OF THIS ARTICLE TO THE EXTENT POSSIBLE,  UTILIZING  SELF-
 REFLECTIVE  MEASURES  AND  AVAILABLE SCREENING TOOLS THAT THE OFFICE HAS
 FOUND TO BE ACCURATE IN MEASURING EXECUTIVE FUNCTION, and other support-
 ive services needs[; and], skills, prior work experience,  training  and
 vocational  interests,  AND  THE  PARTICIPANT'S  WORK  PREFERENCES. This
 assessment shall include a review of family  circumstances  including  a
 review  of  any  special  needs  of  a  child.  Such assessment shall be
 completed within [ninety] THIRTY days of the date on which  such  person
 is determined eligible for public assistance. An applicant for or recip-
 ient  of  public  assistance may be assigned to work activities prior to
 completion of such assessment, SO LONG AS SUCH WORK ACTIVITY IS  FOCUSED
 ON  ASSISTING  THE  INDIVIDUAL  DEVELOP  OR  BUILD UPON SKILLS THAT WILL
 PREPARE SUCH INDIVIDUAL TO BE EMPLOYABLE IN  A  FIELD  THAT  PROVIDES  A

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 LIVING  WAGE  AND  TAKES INTO CONSIDERATION ANY NECESSARY ACCOMMODATIONS
 REQUIRED BY STATE OR FEDERAL LAW.
   (a)  Based  on  the  assessment  required  by  subdivision one of this
 section, the social services official, in consultation with the  partic-
 ipant,  shall  develop  an employability plan in writing which shall set
 forth the services that will be provided by the  social  services  offi-
 cial, including but not limited to child care and other services and the
 activities in which the participant will take part, including child care
 and  other  services  and  shall  set  forth  an employment goal for the
 participant[.  To the extent possible, the] AND HOW THEIR ASSIGNED  WORK
 ACTIVITIES  AND  SERVICES WILL HELP THEM ACHIEVE THAT GOAL. IN ADDITION,
 THE EMPLOYABILITY PLAN SHALL FOCUS ON PLACING THE INDIVIDUAL IN  A  WORK
 ACTIVITY  THAT  WILL  DEVELOP OR BUILD UPON SKILLS THAT WILL PREPARE THE
 INDIVIDUAL TO BE EMPLOYABLE IN A FIELD THAT PROVIDES A LIVING WAGE.  THE
 employability plan shall reflect the preferences of the participant in a
 manner  that is consistent with the results of the participant's assess-
 ment and the need of the social services district to  meet  federal  and
 state work activity participation requirements, and, if such preferences
 cannot  be  accommodated, the reasons shall be specified in the employa-
 bility plan. The employability plan shall also  take  into  account  the
 participant's  supportive  services  needs, available program resources,
 local employment opportunities, and where the social  services  official
 is  considering an educational activity assignment for such participant,
 the participant's liability for student loans,  grants  and  scholarship
 awards.  [The] AS PART OF THE DISTRICT'S ANALYSIS TO DETERMINE AVAILABLE
 LOCAL  EMPLOYMENT  OPPORTUNITIES,  THE  DISTRICT  SHALL  FOSTER  WORKING
 RELATIONSHIPS  WITH LOCAL EMPLOYERS TO DETERMINE THE NEED IN THE PARTIC-
 ULAR DISTRICT AND ANY EMERGING OR EXPANDING EMPLOYMENT FIELDS  THAT  MAY
 PROVIDE  OPPORTUNITIES FOR RECIPIENTS TO OBTAIN EMPLOYMENT THAT PROVIDES
 A LIVING WAGE. A  WRITTEN  COPY  OF  THE  employability  plan  shall  be
 explained  AND  PROVIDED  to  the participant. Any change to the partic-
 ipant's employability plan required  by  the  social  services  official
 shall  be  PROVIDED  IN  WRITING  TO THE PARTICIPANT, discussed with the
 participant and shall be documented in writing IN THEIR RECORD. NO  LESS
 THAN  AT  LEAST ONCE PER YEAR, THE DISTRICT SHALL BE REQUIRED TO REVISIT
 THE PARTICIPANT'S EMPLOYABILITY PLAN AND ASSESS WHETHER  THEIR  ASSIGNED
 WORK  ACTIVITIES  AND SERVICES ARE SUCCESSFULLY ASSISTING THE INDIVIDUAL
 IN WORKING TOWARD OR REACHING THEIR EMPLOYMENT  GOAL  AND  A  PROFESSION
 THAT  WOULD  PROVIDE  THE INDIVIDUAL WITH A LIVING WAGE. IF THE DISTRICT
 DETERMINES THAT THE  ASSIGNED  WORK  ACTIVITIES  AND  SERVICES  ARE  NOT
 ASSISTING  THE  INDIVIDUAL IN WORKING TOWARD OR MEETING THEIR EMPLOYMENT
 GOALS AND OBTAIN A PROFESSION THAT WOULD PROVIDE THEM WITH A LIVING WAGE
 BASED ON THEIR ASSESSMENT AND  INPUT  FROM  THE  PARTICIPANT,  THAN  THE
 DISTRICT  SHALL  REASSIGN THE PARTICIPANT TO A NEW WORK ACTIVITY THAT IS
 MORE APPROPRIATE TO REACHING SUCH OBJECTIVES. PROVIDED HOWEVER, IF  SUCH
 INDIVIDUAL  IS PARTICIPATING IN AN ACTIVITY INCLUDING BUT NOT LIMITED TO
 EDUCATIONAL OR JOB TRAINING WHERE  ADDITIONAL  TIME  IS  NEEDED  IN  THE
 SPECIFIC  WORK  ACTIVITY  FOR  THE PARTICIPANT TO REACH THEIR EMPLOYMENT
 GOAL, THE PARTICIPANT SHALL REMAIN IN THE PARTICULAR WORK ACTIVITY,  AND
 THE WORK ACTIVITY SHALL BE REASSESSED AT A LATER DATE.
   § 6. Section 335-a of the social services law is REPEALED.
   §  7.  Paragraph  (d)  of  subdivision  1 of section 336 of the social
 services law, as amended by section 148 of part B of chapter 436 of  the
 laws of 1997, is amended to read as follows:
   (d)  work  experience  in  the  public  sector  or non-profit sector[,
 (including work associated with refurbishing publicly assisted  housing)

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 if  sufficient private sector employment is not available] THAT PROVIDES
 AN INDIVIDUAL WITH AN OPPORTUNITY TO ACQUIRE THE GENERAL  SKILLS,  KNOW-
 LEDGE,  AND  WORK  HABITS NECESSARY TO IMPROVE BOTH THE EMPLOYABILITY OF
 THE  INDIVIDUAL  AND  THEIR ABILITY TO OBTAIN EMPLOYMENT THAT PROVIDES A
 LIVING WAGE. SUCH PROGRAMS PROVIDING  WORK  EXPERIENCE  SHALL  FOCUS  ON
 PROVIDING  A CONTINUUM OF EDUCATION AND OCCUPATIONAL TRAINING, INCLUDING
 APPLICABLE AND BENEFICIAL CERTIFICATIONS AND/OR LICENSURES,  WHICH  WILL
 LINK TO SUBSEQUENT EMPLOYMENT. WHEN POSSIBLE, EDUCATION AND OCCUPATIONAL
 TRAINING  SHALL  BE  FOCUSED TOWARD EMPLOYMENT OPPORTUNITIES IN EMERGING
 AND  EXPANDING  FIELDS  WITHIN  A  RELATIVE  GEOGRAPHIC  LOCATION.  SUCH
 PROGRAMS  SHALL  ALSO FOCUS ON EXECUTIVE FUNCTION DEFICITS AS DEFINED IN
 SUBDIVISION FIVE OF SECTION THREE HUNDRED THIRTY OF  THIS  ARTICLE,  AND
 PROVIDE  TARGETED  EDUCATION  AND  SKILLS  DEVELOPMENT  OPPORTUNITIES TO
 ASSIST INDIVIDUALS IN OVERCOMING SUCH DEFICIENCIES;
   § 8. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that  the  amendments  to
 section  131-n  of the social services law made by section three of this
 act shall not affect the expiration and reversion of  such  section  and
 shall be deemed to expire therewith.