STATE OF NEW YORK
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528--A
2019-2020 Regular Sessions
IN SENATE(Prefiled)
January 9, 2019
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Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Social Services -- recom-
mitted to the Committee on Social Services in accordance with Senate
Rule 6, sec. 8 -- 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01042-03-0
S. 528--A 2
1 individual while currently in receipt of assistance for the sole purpose
2 of enabling the individual to purchase a first or replacement vehicle
3 for the recipient to seek, obtain or maintain employment, so long as the
4 funds are not used for any other purpose, (c) an amount [up to one thou-
5 sand four] equal to the greater of five thousand one hundred sixty-five
6 dollars or the maximum tuition assistance program award available for
7 the current academic year in a separate bank account established by an
8 individual while currently in receipt of assistance for the purpose of
9 paying tuition at a two-year or four-year accredited post-secondary
10 educational institution, so long as the funds are not used for any other
11 purpose, (d) the home which is the usual residence of the household, (e)
12 one automobile, up to ten thousand dollars fair market value, through
13 March thirty-first, two thousand seventeen; one automobile, up to eleven
14 thousand dollars fair market value, from April first, two thousand
15 seventeen through March thirty-first, two thousand eighteen; and one
16 automobile, up to twelve thousand dollars fair market value, beginning
17 April first, two thousand eighteen and thereafter, or such other higher
18 dollar value as the local social services district may elect to adopt,
19 (f) one burial plot per household member as defined in department regu-
20 lations, (g) bona fide funeral agreements [up to a total of one thousand
21 five hundred dollars in equity value] per household member, (h) funds in
22 an individual development account established in accordance with subdi-
23 vision five of section three hundred fifty-eight of this chapter and
24 section four hundred three of the social security act, (i) for a period
25 of six months, real property which the household is making a good faith
26 effort to sell, in accordance with department regulations and tangible
27 personal property necessary for business or for employment purposes in
28 accordance with department regulations, [and] (j) funds in a qualified
29 tuition program that satisfies the requirement of section 529 of the
30 Internal Revenue Code of 1986, as amended, [and (j)] (k) funds in a New
31 York achieving a better life experience savings account established in
32 accordance with article eighty-four of the mental hygiene law, (l)
33 retirement accounts, including but not limited to individual retirement
34 accounts, 401(k)'s, 403(b)'s, and keogh plans, and (m) all 529 college
35 savings plans. If federal law or regulations require the exemption or
36 disregard of additional income and resources in determining need for
37 family assistance, or medical assistance not exempted or disregarded
38 pursuant to any other provision of this chapter, the department may, by
39 regulations subject to the approval of the director of the budget,
40 require social services officials to exempt or disregard such income and
41 resources. Refunds resulting from earned income tax credits shall be
42 disregarded in public assistance programs. Court ordered child support
43 which is paid or withheld from income shall not be considered available
44 income.
45 [2.] 3. If and to the extent permitted by federal law and regulations,
46 amounts received under section 105 of Public Law 100-383 as reparation
47 payments for internment of Japanese-Americans and payments made to indi-
48 viduals because of their status as victims of Nazi persecution as
49 defined in P.L. 103-286 shall be exempt from consideration as income or
50 resources for purposes of determining eligibility for and the amount of
51 benefits under any program provided under the authority of this chapter
52 and under title XX of the Social Security Act.
53 [3.] 4. Ownership of all other personal property not exempt in subdi-
54 visions two and three of this section, shall be evaluated based upon its
55 equity value.
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1 5. The department is authorized to establish regulations defining
2 income and resources, consistent with this section. [The department is
3 further authorized to promulgate regulations it deems necessary to
4 prevent the improper establishment and use of accounts for purchase of
5 first or replacement vehicles.]
6 § 2. Subdivision (c) of section 153 of part B of chapter 436 of the
7 laws of 1997, constituting the welfare reform act of 1997, as amended by
8 chapter 213 of the laws of 2019, is amended to read as follows:
9 (c) Section sixteen of this act shall take effect November 1, 1997
10 [and expire and be deemed repealed August 22, 2021];
11 § 3. This act shall take effect immediately; provided, however, that
12 section one of this act shall take effect on the first of April next
13 succeeding the date on which it shall have become a law.
