S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7672--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 19, 2021
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, HEVESI -- read once and referred to
   the  Committee  on  Social  Services  --  reported and referred to the
   Committee on Ways and Means -- recommitted to the  Committee  on  Ways
   and  Means  in  accordance  with  Assembly Rule 3, sec. 2 -- 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  separately  amended  by chapters 323 and 329 of the laws of 2019 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 dollars, or [three] TEN thousand 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] SEVEN THOUSAND fifty
 dollars in a separate bank account established by  an  individual  while
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01536-03-2
              

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 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 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 thou-
 sand 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 individ-
 ual 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 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,  (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  assistance,  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.
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   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.