S T A T E   O F   N E W   Y O R K
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                                   1089
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2019
                                ___________
 
 Introduced  by  Sen. PERSAUD -- 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 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.
              

                                                            LBD00911-01-9

 S. 1089                             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  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 disre-
 garded  pursuant  to any other provision of this chapter, the department
 may, by regulations subject to the approval of the director of the budg-
 et, 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.
   § 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.