BILL NUMBER: S246
SPONSOR: PERSAUD
 
TITLE OF BILL:
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
 
PURPOSE OR GENERAL IDEA OF BILL: The bill would amend the income and
resources exemptions provisions of § 131-n of the Social Services Law
(SSL) to ensure that applicants do not have to divest themselves of
certain resources to qualify for public assistance.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill would amend SSL 131-n. Section two of the bill
would provide for the effective date.
 
JUSTIFICATION:
As a critical component of improving the economic well-being of low
income families, New York State has had a longstanding policy that
households in receipt of public assistance should have certain'
resources exempt from consideration when determining eligibility for
public assistance. This bill would update and expand the resources that
an applicant of public assistance may possess without affecting eligi-
bility for assistance. The resources covered by the exemption include
savings accounts; the home that is the usual residence of the household;
one automobile per driver in the household; one burial plot per house-
hold member; bona fide funeral agreements; retirement accounts, includ-
ing but not limited to Individual Retirement Accounts, 401(k)s, 4o3(b)s,
and Keogh plans; and (k) all 529 college savings plan, and other
resources.
The resource exemptions amended in this bill take into account inflation
as well as the understanding that when households are able to exempt
certain resources from consideration when applying for public assist-
ance, the resources are often an essential component of leaving public
assistance and achieving self-sufficiency.
 
PRIOR LEGISLATIVE HISTORY:
2024: S2705-A reported to Finance
2023: S2705 reported to Finance
2021-2022: S.5574 passed Senate
2019-2020: A.4330A/ S.528-A
2017-2018: A.245/S.1161
2015-2016: A.10312/S.7787
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
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.