S T A T E   O F   N E W   Y O R K
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                                  5156

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by M. of A. TITUS -- read once and referred to the Committee
  on Social Services

AN ACT to amend the  social  services  law,  in  relation  to  exempting
  certain  funds  in  a  qualified tuition program in the calculation of
  household benefits under public assistance programs

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 1 of section 131-n of the social services law,
as amended by chapter 373 of the laws of 2003, paragraph (c) as  amended
by  section 5 of part J of chapter 58 of the laws of 2014, is amended to
read as follows:
  1. The following resources shall be exempt and disregarded  in  calcu-
lating  the amount of benefits of any household under any public assist-
ance program: (a) cash and liquid or nonliquid resources up to two thou-
sand dollars, or three thousand dollars in the  case  of  households  in
which  any  member  is  sixty years of age or older, (b) an amount up to
four thousand six hundred fifty  dollars  in  a  separate  bank  account
established  by  an  individual while currently in receipt of assistance
for the sole purpose of enabling the individual to purchase a  first  or
replacement  vehicle  for  the  recipient  to  seek,  obtain or maintain
employment, so long as the funds are not used for any other purpose, (c)
an amount up to one thousand four hundred dollars  in  a  separate  bank
account  established  by  an  individual  while  currently in receipt of
assistance for the purpose of paying tuition at a two-year or  four-year
accredited  post-secondary educational institution, so long as the funds
are not used for any other purpose, (d) the  home  which  is  the  usual
residence  of the household, (e) one automobile, up to four thousand six
hundred fifty dollars fair market value, provided, however, that if  the
automobile  is  needed  for the applicant or recipient to seek or retain
employment or travel to and from work activities as defined  in  section
three hundred thirty-six of this chapter, the automobile exemption shall

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05857-01-5
              

A. 5156                             2

be increased to nine thousand three hundred dollars, or such other high-
er  dollar  value  as  the  local  social services district may elect to
adopt, (f) one burial plot per household member as defined in department
regulations, (g) bona fide funeral agreements up to a total of one thou-
sand  five  hundred  dollars  in  equity value per household member, (h)
funds in an individual development  account  established  in  accordance
with subdivision five of section three hundred fifty-eight of this chap-
ter  and  section  four hundred three of the social security act [and] ,
(i) for a period of six months, real property  which  the  household  is
making  a good faith effort to sell, in accordance with department regu-
lations and tangible personal property necessary  for  business  or  for
employment  purposes  in accordance with department regulations, AND (J)
FUNDS IN A QUALIFIED TUITION PROGRAM THAT SATISFIES THE  REQUIREMENT  OF
SECTION 529 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED. If federal
law  or  regulations  require  the  exemption or disregard of additional
income and resources in  determining  need  for  family  assistance,  or
medical  assistance  not  exempted  or disregarded pursuant to any other
provision of this chapter, the department may, by regulations subject to
the approval of the director of  the  budget,  require  social  services
officials  to  exempt  or  disregard  such income and resources. Refunds
resulting from earned income tax credits shall be disregarded in  public
assistance programs.
  S  2.  This act shall take effect immediately; provided, however, that
the amendments to section 131-n of  the  social  services  law  made  by
section  one of this act shall not affect the expiration of such section
and shall be deemed to expire therewith.