S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7817
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 23, 2019
                                ___________
 
 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 exempting
   certain funds in a NY ABLE  savings  account  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 section 1 of part X of chapter 54 of the laws of 2016, 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 ten thousand
 dollars fair market value,  through  March  thirty-first,  two  thousand
 seventeen;  one  automobile,  up  to eleven thousand dollars fair market
 value, from April first, two thousand seventeen  through  March  thirty-
 first,  two thousand eighteen; and one automobile, up to twelve thousand
 dollars fair market value, beginning April first, two thousand  eighteen
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11381-01-9

 A. 7817                             2
 
 and  thereafter,  or  such other higher 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 thousand 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 chapter 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 regulations and  tangible  personal  property
 necessary  for  business  or  for employment purposes in accordance with
 department regulations, AND (J) FUNDS IN A NEW YORK ACHIEVING  A  BETTER
 LIFE  EXPERIENCE  SAVINGS ACCOUNT ESTABLISHED IN ACCORDANCE WITH ARTICLE
 EIGHTY-FOUR OF THE MENTAL HYGIENE LAW.   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 direc-
 tor of the budget, require social services officials to exempt or disre-
 gard such income and resources. Refunds resulting from earned income tax
 credits shall be disregarded in public assistance programs.
   § 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.