S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2500
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2025
                                ___________
 
 Introduced  by  M.  of  A.  DAVILA,  ROSENTHAL,  HEVESI, GONZALEZ-ROJAS,
   CUNNINGHAM -- 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00847-01-5
              

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 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.
   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 195 of the laws of 2023, 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, 2025];
   §  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.