NY State Senate Bill 2015-S4344

Senate Bill S4344

2015-2016 Legislative Session

Exempts certain funds in a qualified tuition program in the calculation of household benefits under public assistance programs

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 09, 2016	reported and committed to finance
Jan 06, 2016	referred to social services
Mar 25, 2015	reported and committed to finance
Mar 16, 2015	referred to social services

Votes

- Feb 9, 2016 - Social Services Committee Vote
  S4344
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Social Services Committee Vote: Feb 9, 2016
      
      aye (7)
      
      Amedore
      
      Carlucci
      
      Farley
      
      LaValle
      
      Martins
      
      Persaud
      
      Squadron
  Mar 25, 2015 - Social Services Committee Vote
  S4344
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Social Services Committee Vote: Mar 25, 2015
      
      aye (7)
      
      Amedore
      
      Carlucci
      
      Farley
      
      LaValle
      
      Martins
      
      Montgomery
      
      Squadron

2015-S4344 (ACTIVE) - Details

See Assembly Version of this Bill:: A5156
Current Committee:: Senate Finance
Law Section:: Social Services Law
Laws Affected:: Amd §131-n, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S9035, A4371
2019-2020: S1089, A5016

2015-S4344 (ACTIVE) - Summary

Exempts certain funds in a qualified tuition program in the calculation of household benefits under public assistance programs.

2015-S4344 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4344

TITLE OF BILL:

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

PURPOSE OF BILL:

This legislation will exempt or disregard funds in a qualified tuition
program that satisfies the requirement of section 529 of the Internal
Revenue Code of 1986, as amended, from assets limit tests to qualify
for public assistance.

SUMMARY OF SPECIFIC PROVISIONS:

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 include the exemption of funds in qualified tuition
programs.

JUSTIFICATION:

Currently New Yorkers who have more than $2,000 in assets are not

eligible to receive public assistance. A few of these assets as listed
in New York Social services Law 131-n are excluded; such as refunds
from the Earned Income tax credit and individual Development Accounts
which aid families in saving money allowing them to work towards
greater self-suficiency. Currently 529 accounts which permit families
to put aside money and invest in their children's future college
educations are not included in these exemptions.  Meaning if a family
is able to put aside $2,000 to help send their children to college
they can no longer receive public assistance, this puts these families
at a grave disadvantage. A recent study showed that a mere 9% of
students from low-income families obtain a bachelor's degree compared
with 54% of students from wealthier families. New York's low-income
families need support and assistance s that they may develop college
savings for their children. In order to help these families obtain the
American dream and aid their children in attending college Social
Services Law 131-n desperately needs to be amended to exempt 529
accounts to help these New York families.

FISCAL IMPLICATIONS:

To be determined.

LEGISLATIVE HISTORY:

New Bill

EFFECTIVE DATE:

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. This act shall take effect
immediately.

2015-S4344 (ACTIVE) - Bill Text download pdf

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

                                  4344

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 16, 2015
                               ___________

Introduced  by Sen. CARLUCCI -- 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  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

S. 4344                             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.

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