S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6148
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced  by M. of A. MAHER -- read once and referred to the Committee
   on People with Disabilities
 
 AN ACT to amend the social services law, in relation to  public  assist-
   ance eligibility for married adults or two adult households and to the
   exemption of income and resources for such adults or households

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 131 of the social services law is amended by adding
 a new subdivision 4-a to read as follows:
   4-A. AS FAR AS POSSIBLE, CHILDREN SHOULD BE RAISED IN HOUSEHOLDS  WITH
 MARRIED ADULTS, OR IN TWO ADULT HOUSEHOLDS WHICH ENCOURAGES STABLE FAMI-
 LY  LIFE. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL DETER-
 MINE THE STANDARD OF NEED FOR DETERMINING ELIGIBILITY FOR PUBLIC ASSIST-
 ANCE PROGRAMS PURSUANT TO PROVISIONS  OF  THIS  CHAPTER  AND  APPLICABLE
 FEDERAL REQUIREMENTS AND SHALL PROMULGATE REGULATIONS TO CREATE POLICIES
 AS NEEDED TO ENCOURAGE MARRIED OR TWO ADULT HOUSEHOLDS. THE COMMISSIONER
 SHALL  SEEK ANY FEDERAL WAIVER OR WAIVERS FROM THE UNITED STATES DEPART-
 MENT OF AGRICULTURE OR OTHER FEDERAL AGENCY AS NEEDED TO EXCLUDE  HOUSE-
 HOLD INCOME FROM PUBLIC ASSISTANCE PROGRAM ELIGIBILITY DETERMINATIONS AS
 PROVIDED  IN SUBDIVISION ONE OF SECTION ONE HUNDRED THIRTY-ONE-N OF THIS
 TITLE.
   § 2. Subdivision 1 of section 131-n of the  social  services  law,  as
 amended  by  section  5  of part U of chapter 56 of the laws of 2022, 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 five hundred dollars for applicants, three thousand  seven  hundred
 fifty  dollars for applicants in households in which any member is sixty
 years of age or older or is disabled or ten thousand dollars for recipi-
 ents, (b) an amount up to four thousand six hundred fifty dollars  in  a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10277-01-3
              

 A. 6148                             2
 
 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
 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, (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 regu-
 lations, [and] (j) funds in a qualified tuition program  that  satisfies
 the  requirement of section 529 of the Internal Revenue Code of 1986, as
 amended, [and] (k) funds in a New York achieving a better  life  experi-
 ence  savings account established in accordance with article eighty-four
 of the mental hygiene law, AND (L) INCOME AND RESOURCES FROM A  RECENTLY
 MARRIED  SPOUSE, OR A BIOLOGICAL OR NON-CUSTODIAL PARENT THAT RESIDES AT
 THE SAME LOCATION OF THE HOUSEHOLD AND AGREES TO CONTRIBUTE  FINANCIALLY
 TO  SUCH  HOUSEHOLD,  OR  A STEP-PARENT OR ADULT THAT ADOPTS ONE OR MORE
 CHILD IN SUCH HOUSEHOLD, UP TO ONE HUNDRED SEVENTY-FIVE PERCENT  OF  THE
 FEDERAL  POVERTY LINE FOLLOWING SUCH MARRIAGE, DECISION TO RESIDE IN AND
 CONTRIBUTE FINANCIALLY TO SUCH HOUSEHOLD BY A NON-CUSTODIAL  PARENT,  OR
 THE  ADOPTION OF ONE OR MORE CHILDREN BY A NON-CUSTODIAL OR STEP-PARENT,
 PROVIDED, HOWEVER, THAT PRIOR TO RECEIVING ANY RELIEF UNDER  THIS  PARA-
 GRAPH,  AN  APPLICANT  OR  RECIPIENT FOR PUBLIC ASSISTANCE MUST SUBMIT A
 WRITTEN REQUEST FOR SUCH  RELIEF  TO  THE  LOCAL  DEPARTMENT  OF  SOCIAL
 SERVICES FOR APPROVAL BY THE LOCAL DEPARTMENT OF SOCIAL SERVICES COMMIS-
 SIONER.
   If  federal  law  or regulations require the exemption or disregard of
 additional income and resources in determining need for  family  assist-
 ance,  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.
   §  3. Section 20 of the social services law is amended by adding a new
 subdivision 9 to read as follows:
   9. THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND DISABILITY  ASSIST-
 ANCE  SHALL PROMULGATE ANY RULES OR REGULATIONS AS IT RELATES TO A WRIT-
 A. 6148                             3
 
 TEN REQUEST FOR RELIEF AS PROVIDED IN SUBDIVISION  ONE  OF  SECTION  ONE
 HUNDRED THIRTY-ONE-N OF THIS CHAPTER.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become  law;  provided, however, that the amendments to
 subdivision 1 of section 131-n  of  the  social  services  law  made  by
 section  two of this act shall not affect the expiration of such section
 and shall be deemed expired therewith.