STATE OF NEW YORK ________________________________________________________________________ 3342 2021-2022 Regular Sessions IN ASSEMBLY January 22, 2021 ___________ Introduced by M. of A. HEVESI -- read once and referred to the Committee on Social Services AN ACT to amend the social services law, in relation to public assist- ance; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (iii) of paragraph (a) of subdivision 8 of 2 section 131-a of the social services law, as amended by chapter 246 of 3 the laws of 2002, is amended to read as follows: 4 (iii) [~~forty-two~~] no less than fifty-one percent of the earned income 5 for such month of any recipient [~~in a household containing a dependent~~ 6 ~~child~~] which remains after application of all other subparagraphs of 7 this paragraph; provided, however, that such percentage amount shall be 8 adjusted in June of each year, commencing in nineteen hundred ninety- 9 eight, to reflect changes in the most recently issued poverty guidelines 10 of the United States Bureau of the Census, such that a household of 11 three without special needs, living in a heated apartment in New York 12 city and without unearned income would become ineligible for assistance 13 with gross earnings equal to the poverty level in such guidelines; 14 provided, however, that no assistance shall be given to any household 15 with gross earned and unearned income, exclusive of income described in 16 subparagraphs (i) and (vi) of this paragraph, in excess of such poverty 17 level; 18 § 2. Subdivision 10 of section 131-a of the social services law is 19 REPEALED. 20 § 3. Section 131-n of the social services law, as amended by section 21 16 of part B of chapter 436 of the laws of 1997, subdivision 1 as sepa- 22 rately amended by chapters 323 and 329 of the laws of 2019, and subdivi- 23 sion 3 as amended by chapter 207 of the laws of 2001, is amended to read 24 as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01625-01-1

A. 3342 2 1 § 131-n. Exemption of income and resources. 1. The following 2 resources shall be exempt and disregarded in calculating the amount of 3 benefits of any household under any public assistance program: (a) cash 4 and liquid or nonliquid resources up to two thousand dollars, or three 5 thousand dollars in the case of households in which any member is sixty 6 years of age or older[,]; provided, however, at recertification or any 7 other time an assessment of resources is conducted to calculate the 8 amount of benefits a household is eligible for, the amount of cash and 9 liquid or nonliquid resources may increase by no more than five thousand 10 five hundred dollars annually from the amount available to the household 11 at application, provided, further, at no time shall such amount exceed 12 the federal poverty level for that particular household's size, (b) an 13 amount up to [~~four~~] twelve thousand [~~six hundred fifty~~] dollars in a 14 separate bank account established by an individual while currently in 15 receipt of assistance for the sole purpose of enabling the individual to 16 purchase a first or replacement vehicle for the recipient to seek, 17 obtain or maintain employment, so long as the funds are not used for any 18 other purpose, (c) an amount [~~up to one thousand four~~] equal to the 19 greater of five thousand one hundred dollars or the maximum tuition 20 assistance program award available for the current academic year in a 21 separate bank account established by an individual while currently in 22 receipt of assistance at their initial recertification for the purpose 23 of paying tuition at a two-year or four-year accredited post-secondary 24 educational institution, provided however, for every subsequent recer- 25 tification or any other subsequent time an assessment of resources is 26 conducted to calculate the amount of benefits a household is eligible 27 for, the amount of cash may increase by no more than five thousand 28 dollars annually, provided further, at no time shall such amount exceed 29 the average cost to attend a state university of New York for one year, 30 so long as the funds are not used for any other purpose, (d) the home 31 which is the usual residence of the household, (e) one automobile, up to 32 ten thousand dollars fair market value, through March thirty-first, two 33 thousand seventeen; one automobile, up to eleven thousand dollars fair 34 market value, from April first, two thousand seventeen through March 35 thirty-first, two thousand eighteen; and one automobile, up to twelve 36 thousand dollars fair market value, beginning April first, two thousand 37 eighteen and thereafter, or such other higher dollar value as the local 38 social services district may elect to adopt, (f) one burial plot per 39 household member as defined in department regulations, (g) bona fide 40 funeral agreements [~~up to a total of one thousand five hundred dollars~~ 41 ~~in equity value~~] per household member, (h) funds in an individual devel- 42 opment account established in accordance with subdivision five of 43 section three hundred fifty-eight of this chapter and section four 44 hundred three of the social security act, (i) [~~for a period of six~~ 45 ~~months,~~] any real property which the household is making a good faith 46 effort to sell, in accordance with department regulations and tangible 47 personal property necessary for business or for employment purposes in 48 accordance with department regulations, [~~and~~] (j) funds in a qualified 49 tuition program that satisfies the requirement of section 529 of the 50 Internal Revenue Code of 1986, as amended, [~~and (j)~~] (k) funds in a New 51 York achieving a better life experience savings account established in 52 accordance with article eighty-four of the mental hygiene law, and (l) 53 retirement accounts, including but not limited to individual retirement 54 accounts, 401(k)'s, 403(b)'s, and Keogh plans. If federal law or regu- 55 lations require the exemption or disregard of additional income and 56 resources in determining need for family assistance, or medical assist-

A. 3342 3 1 ance not exempted or disregarded pursuant to any other provision of this 2 chapter, the department may, by regulations subject to the approval of 3 the director of the budget, require social services officials to exempt 4 or disregard such income and resources. Refunds resulting from earned 5 income tax credits shall be disregarded in public assistance programs. 6 Court ordered child support which is paid or withheld from income shall 7 not be considered available income. 8 2. If and to the extent permitted by federal law and regulations, 9 amounts received under section 105 of Public Law 100-383 as reparation 10 payments for internment of Japanese-Americans and payments made to indi- 11 viduals because of their status as victims of Nazi persecution as 12 defined in P.L. 103-286 shall be exempt from consideration as income or 13 resources for purposes of determining eligibility for and the amount of 14 benefits under any program provided under the authority of this chapter 15 and under title XX of the Social Security Act. 16 3. Ownership of all other personal property not exempt in subdivision 17 two or three of this section shall be evaluated based upon its equity 18 value. 19 4. The department is authorized to establish regulations defining 20 income and resources consistent with this section. [~~The department is~~ 21 ~~further authorized to promulgate regulations it deems necessary to~~ 22 ~~prevent the improper establishment and use of accounts for purchase of~~ 23 ~~first or replacement vehicles.~~] 24 § 4. Subdivision 5 of section 330 of the social services law is renum- 25 bered subdivision 6 and a new subdivision 5 is added to read as follows: 26 5. "Executive function" shall mean a set of mental skills and proc- 27 esses utilized in an individual's daily activities including, but not 28 limited to, impulse control, working memory and mental flexibility. 29 § 5. The section heading, subdivision 1 and paragraph (a) of subdivi- 30 sion 2 of section 335 of the social services law, the section heading 31 and paragraph (a) of subdivision 2 as amended by section 148 of part B 32 of chapter 436 of the laws of 1997, and subdivision 1 as amended by 33 chapter 214 of the laws of 1998, are amended to read as follows: 34 Assessments and employability plans for certain recipients [~~in house-~~ 35 ~~holds with dependent children~~] of public assistance. 1. Each social 36 services official shall ensure that each recipient of public assistance 37 who is [~~a member of a household with dependent children and is~~] eighteen 38 years of age or older, or who is sixteen or seventeen years of age and 39 is not attending secondary school and has not completed high school or a 40 high school equivalency program, receives an assessment of employability 41 based on his or her educational level, including literacy and English 42 language proficiency, basic skills proficiency, access to child care, 43 executive function level as defined in subdivision five of section three 44 hundred thirty of this article to the extent possible, utilizing self- 45 reflective measures and available screening tools that the office has 46 found to be accurate in measuring executive function, and other support- 47 ive services needs[~~; and~~], skills, prior work experience, training and 48 vocational interests, and the participant's work preferences. This 49 assessment shall include a review of family circumstances including a 50 review of any special needs of a child. Such assessment shall be 51 completed within [~~ninety~~] thirty days of the date on which such person 52 is determined eligible for public assistance. An applicant for or recip- 53 ient of public assistance may be assigned to work activities prior to 54 completion of such assessment, so long as such work activity is focused 55 on assisting the individual develop or build upon skills that will 56 prepare such individual to be employable in a field that provides a

A. 3342 4 1 living wage and takes into consideration any necessary accommodations 2 required by state or federal law. 3 (a) Based on the assessment required by subdivision one of this 4 section, the social services official, in consultation with the partic- 5 ipant, shall develop an employability plan in writing which shall set 6 forth the services that will be provided by the social services offi- 7 cial, including but not limited to child care and other services and the 8 activities in which the participant will take part, including child care 9 and other services and shall set forth an employment goal for the 10 participant[~~. To the extent possible, the~~] and how their assigned work 11 activities and services will help them achieve that goal. In addition, 12 the employability plan shall focus on placing the individual in a work 13 activity that will develop or build upon skills that will prepare the 14 individual to be employable in a field that provides a living wage. The 15 employability plan shall reflect the preferences of the participant in a 16 manner that is consistent with the results of the participant's assess- 17 ment and the need of the social services district to meet federal and 18 state work activity participation requirements, and, if such preferences 19 cannot be accommodated, the reasons shall be specified in the employa- 20 bility plan. The employability plan shall also take into account the 21 participant's supportive services needs, available program resources, 22 local employment opportunities, and where the social services official 23 is considering an educational activity assignment for such participant, 24 the participant's liability for student loans, grants and scholarship 25 awards. [~~The~~] As part of the district's analysis to determine available 26 local employment opportunities, the district shall foster working 27 relationships with local employers to determine the need in the partic- 28 ular district and any emerging or expanding employment fields that may 29 provide opportunities for recipients to obtain employment that provides 30 a living wage. A written copy of the employability plan shall be 31 explained and provided to the participant. Any change to the partic- 32 ipant's employability plan required by the social services official 33 shall be provided in writing to the participant, discussed with the 34 participant and shall be documented in writing in their record. No less 35 than at least once per year, the district shall be required to revisit 36 the participant's employability plan and assess whether their assigned 37 work activities and services are successfully assisting the individual 38 in working toward or reaching their employment goal and a profession 39 that would provide the individual with a living wage. If the district 40 determines that the assigned work activities and services are not 41 assisting the individual in working toward or meeting their employment 42 goals and obtain a profession that would provide them with a living wage 43 based on their assessment and input from the participant, than the 44 district shall reassign the participant to a new work activity that is 45 more appropriate to reaching such objectives. Provided however, if such 46 individual is participating in an activity including but not limited to 47 educational or job training where additional time is needed in the 48 specific work activity for the participant to reach their employment 49 goal, the participant shall remain in the particular work activity, and 50 the work activity shall be reassessed at a later date. 51 § 6. Section 335-a of the social services law is REPEALED. 52 § 7. Paragraph (d) of subdivision 1 of section 336 of the social 53 services law, as amended by section 148 of part B of chapter 436 of the 54 laws of 1997, is amended to read as follows: 55 (d) work experience in the public sector or non-profit sector[, 56 ~~(including work associated with refurbishing publicly assisted housing)~~

A. 3342 5 1 ~~if sufficient private sector employment is not available~~] that provides 2 an individual with an opportunity to acquire the general skills, know- 3 ledge, and work habits necessary to improve both the employability of 4 the individual and their ability to obtain employment that provides a 5 living wage. Such programs providing work experience shall focus on 6 providing a continuum of education and occupational training, including 7 applicable and beneficial certifications and/or licensures, which will 8 link to subsequent employment. When possible, education and occupational 9 training shall be focused toward employment opportunities in emerging 10 and expanding fields within a relative geographic location. Such 11 programs shall also focus on executive function deficits as defined in 12 subdivision five of section three hundred thirty of this article, and 13 provide targeted education and skills development opportunities to 14 assist individuals in overcoming such deficiencies; 15 § 8. This act shall take effect on the one hundred eightieth day after 16 it shall have become a law; provided, however, that the amendments to 17 section 131-n of the social services law made by section three of this 18 act shall not affect the expiration and reversion of such section and 19 shall be deemed to expire therewith.

Relates to eligibility for public assistance; repealer

What's Happening

Why It Matters