A04330 Summary:

BILL NOA04330A
 
SAME ASSAME AS S00528-A
 
SPONSORHevesi
 
COSPNSRBichotte, Simotas, Reyes, Kim
 
MLTSPNSR
 
Amd §131-n, Soc Serv L; amd Part B §153, Chap 436 of 1997
 
Relates to resource exemptions for applicants for public assistance programs; amends the Welfare Reform Act in relation to the effectiveness thereof.
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A04330 Actions:

BILL NOA04330A
 
02/04/2019referred to social services
01/08/2020referred to social services
01/15/2020amend (t) and recommit to social services
01/15/2020print number 4330a
01/22/2020reported referred to ways and means
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A04330 Committee Votes:

SOCIAL SERVICES Chair:Hevesi DATE:01/22/2020AYE/NAY:13/5 Action: Favorable refer to committee Ways and Means
HevesiAyeWalczykNay
AubryAyeGoodellNay
KimAyeStecNay
SolagesAyeLiPetriNay
PichardoAyeSalkaNay
DavilaAye
BarronAye
JoynerAye
HunterAye
RosenthalAye
FernandezAye
EichensteinAye
ReyesAye

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A04330 Floor Votes:

There are no votes for this bill in this legislative session.
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A04330 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4330--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  HEVESI,  BICHOTTE,  SIMOTAS -- read once and
          referred to the Committee on Social Services  --  recommitted  to  the
          Committee  on Social Services 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:
 
     1    Section 1. Section 131-n of the social services  law,  as  amended  by
     2  section  16  of part B of chapter 436 of the laws of 1997, subdivision 1
     3  as separately amended by chapters 323 and 329 of the laws  of  2019  and
     4  subdivision  3 as amended by chapter 207 of the laws of 2001, is amended
     5  to read as follows:
     6    § 131-n. Exemption of income and resources. 1. The  resources  identi-
     7  fied  in subdivision two of this section shall be exempt and disregarded
     8  at application in calculating the amount of benefits  of  any  applicant
     9  for any public assistance program. At recertification, resources deline-
    10  ated  in subdivision two of this section shall not be taken into consid-
    11  eration when determining eligibility or calculating the amount of  bene-
    12  fits of any recipient for any public assistance program.
    13    2.  The  following resources shall be exempt and disregarded in calcu-
    14  lating the amount of benefits of any [household under] applicant for any
    15  public assistance program: (a) cash and liquid or nonliquid resources up
    16  to [two] three thousand dollars, or [three] four thousand  five  hundred
    17  dollars  in the case of households in which any member is sixty years of
    18  age or older, (b) an amount up to  [four  thousand  six  hundred]  seven
    19  thousand  fifty  dollars  in  a  separate bank account established by an
    20  individual while currently in receipt of assistance for the sole purpose
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01042-02-0

        A. 4330--A                          2
 
     1  of enabling the individual to purchase a first  or  replacement  vehicle
     2  for the recipient to seek, obtain or maintain employment, so long as the
     3  funds are not used for any other purpose, (c) an amount [up to one thou-
     4  sand  four] equal to the greater of five thousand one hundred sixty-five
     5  dollars or the maximum tuition assistance program  award  available  for
     6  the  current  academic year in a separate bank account established by an
     7  individual while currently in receipt of assistance for the  purpose  of
     8  paying  tuition  at  a  two-year  or four-year accredited post-secondary
     9  educational institution, so long as the funds are not used for any other
    10  purpose, (d) the home which is the usual residence of the household, (e)
    11  one automobile, up to ten thousand dollars fair  market  value,  through
    12  March thirty-first, two thousand seventeen; one automobile, up to eleven
    13  thousand  dollars  fair  market  value,  from  April first, two thousand
    14  seventeen through March thirty-first, two  thousand  eighteen;  and  one
    15  automobile,  up  to twelve thousand dollars fair market value, beginning
    16  April first, two thousand eighteen and thereafter, or such other  higher
    17  dollar  value  as the local social services district may elect to adopt,
    18  (f) one burial plot per household member as defined in department  regu-
    19  lations, (g) bona fide funeral agreements [up to a total of one thousand
    20  five hundred dollars in equity value] per household member, (h) funds in
    21  an  individual development account established in accordance with subdi-
    22  vision five of section three hundred fifty-eight  of  this  chapter  and
    23  section  four hundred three of the social security act, (i) for a period
    24  of six months, real property which the household is making a good  faith
    25  effort  to  sell, in accordance with department regulations and tangible
    26  personal property necessary for business or for employment  purposes  in
    27  accordance  with  department regulations, [and] (j) funds in a qualified
    28  tuition program that satisfies the requirement of  section  529  of  the
    29  Internal  Revenue Code of 1986, as amended, [and (j)] (k) funds in a New
    30  York achieving a better life experience savings account  established  in
    31  accordance  with  article  eighty-four  of  the  mental hygiene law, (l)
    32  retirement accounts, including but not limited to individual  retirement
    33  accounts,  401(k)'s,  403(b)'s, and keogh plans, and (m) all 529 college
    34  savings plans. If federal law or regulations require  the  exemption  or
    35  disregard  of  additional  income  and resources in determining need for
    36  family assistance, or medical assistance  not  exempted  or  disregarded
    37  pursuant  to any other provision of this chapter, the department may, by
    38  regulations subject to the approval  of  the  director  of  the  budget,
    39  require social services officials to exempt or disregard such income and
    40  resources.  Refunds  resulting  from  earned income tax credits shall be
    41  disregarded in public assistance programs. Court ordered  child  support
    42  which  is paid or withheld from income shall not be considered available
    43  income.
    44    [2.] 3. If and to the extent permitted by federal law and regulations,
    45  amounts received under section 105 of Public Law 100-383  as  reparation
    46  payments for internment of Japanese-Americans and payments made to indi-
    47  viduals  because  of  their  status  as  victims  of Nazi persecution as
    48  defined in P.L. 103-286 shall be exempt from consideration as income  or
    49  resources  for purposes of determining eligibility for and the amount of
    50  benefits under any program provided under the authority of this  chapter
    51  and under title XX of the Social Security Act.
    52    [3.]  4. Ownership of all other personal property not exempt in subdi-
    53  visions two and three of this section, shall be evaluated based upon its
    54  equity value.
    55    5. The department is  authorized  to  establish  regulations  defining
    56  income  and  resources, consistent with this section. [The department is

        A. 4330--A                          3

     1  further authorized to  promulgate  regulations  it  deems  necessary  to
     2  prevent  the  improper establishment and use of accounts for purchase of
     3  first or replacement vehicles.]
     4    §  2.  Subdivision  (c) of section 153 of part B of chapter 436 of the
     5  laws of 1997, constituting the welfare reform act of 1997, as amended by
     6  chapter 213 of the laws of 2019, is amended to read as follows:
     7    (c) Section sixteen of this act shall take  effect  November  1,  1997
     8  [and expire and be deemed repealed August 22, 2021];
     9    §  3.  This act shall take effect immediately; provided, however, that
    10  section one of this act shall take effect on the  first  of  April  next
    11  succeeding the date on which it shall have become a law.
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