Senate Bill S742

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    742
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  BIAGGI, PARKER -- 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 separately amended by chapters 323 and 329 of the laws  of  2019,  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,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03241-01-1

 S. 742                              2

 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 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, 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 regu-
 lations require the exemption or  disregard  of  additional  income  and
 resources  in determining need for family assistance, or medical assist-
 ance 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.
   §  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.