Bill Text: NY S00246 | 2025-2026 | General Assembly | Introduced

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Bill Title: Relates to resource exemptions for applicants for public assistance programs; amends the Welfare Reform Act in relation to the effectiveness thereof.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2025-01-08 - REFERRED TO SOCIAL SERVICES [S00246 Detail]

Download: New_York-2025-S00246-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           246

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by  Sens.  PERSAUD, HOYLMAN-SIGAL, SALAZAR -- read twice and
          ordered printed, and when printed to be committed 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:

     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 amended by section 5 of part U of chapter 56 of the laws of 2022  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] ten thousand [five  hundred]  dollars  [for  applicants,  three
    17  thousand  seven  hundred  fifty  dollars for applicants in households in
    18  which any member is sixty years of age or older or is  disabled  or  ten
    19  thousand dollars for recipients], (b) an amount up to [four thousand six
    20  hundred]  seven thousand fifty dollars in a separate bank account estab-
    21  lished by an individual while currently in receipt of assistance for the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00847-01-5
        S. 246                              2

     1  sole purpose of enabling the individual to purchase a first or  replace-
     2  ment  vehicle  for the recipient to seek, obtain or maintain employment,
     3  so long as the funds are not used for any other purpose, (c)  an  amount
     4  [up  to  one  thousand  four]  equal to the greater of five thousand one
     5  hundred sixty-five dollars or the  maximum  tuition  assistance  program
     6  award available for the current academic year in a separate bank account
     7  established  by  an  individual while currently in receipt of assistance
     8  for the purpose of paying tuition at a two-year or four-year  accredited
     9  post-secondary  educational  institution,  so  long as the funds are not
    10  used for any other purpose, (d) the home which is the usual residence of
    11  the household, (e) one automobile,  up  to  ten  thousand  dollars  fair
    12  market  value,  through  March thirty-first, two thousand seventeen; one
    13  automobile, up to eleven thousand dollars fair market value, from  April
    14  first,  two  thousand seventeen through March thirty-first, two thousand
    15  eighteen; and one automobile, up to twelve thousand dollars fair  market
    16  value,  beginning  April first, two thousand eighteen and thereafter, or
    17  such other higher dollar value as the local social services district may
    18  elect to adopt, (f) one burial plot per household member as  defined  in
    19  department  regulations, (g) bona fide funeral agreements [up to a total
    20  of one thousand five hundred dollars  in  equity  value]  per  household
    21  member,  (h)  funds  in an individual development account established in
    22  accordance with subdivision five of section three hundred fifty-eight of
    23  this [chapter] article and section four  hundred  three  of  the  social
    24  security  act,  (i)  for a period of six months, real property which the
    25  household is making a good faith effort  to  sell,  in  accordance  with
    26  department  regulations  and  tangible  personal  property necessary for
    27  business or for employment purposes in accordance with department  regu-
    28  lations,  [and]  (j) funds in a qualified tuition program that satisfies
    29  the requirement of section 529 of the Internal Revenue Code of 1986,  as
    30  amended,  [and]  (k) funds in a New York achieving a better life experi-
    31  ence savings account established in accordance with article  eighty-four
    32  of  the  mental  hygiene law, (l) retirement accounts, including but not
    33  limited to individual retirement accounts, 401(k)'s, 403(b)'s, and Keogh
    34  plans, and (m) all 529  college savings plans.
    35    If federal law or regulations require the exemption  or  disregard  of
    36  additional  income  and resources in determining need for family assist-
    37  ance, or medical assistance not exempted or disregarded pursuant to  any
    38  other  provision  of  this  chapter,  the department may, by regulations
    39  subject to the approval of the director of the  budget,  require  social
    40  services  officials  to  exempt  or disregard such income and resources.
    41  Refunds resulting from earned income tax credits shall be disregarded in
    42  public assistance programs.  Court ordered child support which  is  paid
    43  or withheld from income shall not be considered available 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
        S. 246                              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 195 of the laws of 2023, 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, 2025];
     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.