S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4519
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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 5 of part U of chapter 56 of the laws of 2022, 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 five hundred dollars for appli-
 cants, 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 recipients, (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-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07870-01-3
              

 S. 4519                             2

 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 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  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.
   §  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.