S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4391
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2019
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- 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  eliminating
   asset  limits  in calculating the amount of benefits for any household
   under any public assistance program

   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] ALL ASSETS HELD BY THE HOUSEHOLD shall be
 exempt  and  disregarded  in  calculating  the amount of benefits of any
 household under any public assistance program[: (a) cash and  liquid  or
 nonliquid  resources  up  to  two  thousand  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 thou-
 sand 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,

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

                                                            LBD02259-01-9

 S. 4391                             2

 two thousand eighteen 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]. 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.