STATE OF NEW YORK
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4391
2019-2020 Regular Sessions
IN SENATE
March 11, 2019
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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:
1 Section 1. Subdivision 1 of section 131-n of the social services law,
2 as amended by section 1 of part X of chapter 54 of the laws of 2016, is
3 amended to read as follows:
4 1. [The following resources] All assets held by the household shall be
5 exempt and disregarded in calculating the amount of benefits of any
6 household under any public assistance program[: (a) cash and liquid or
7 nonliquid resources up to two thousand dollars, or three thousand
8 dollars in the case of households in which any member is sixty years of
9 age or older, (b) an amount up to four thousand six hundred fifty
10 dollars in a separate bank account established by an individual while
11 currently in receipt of assistance for the sole purpose of enabling the
12 individual to purchase a first or replacement vehicle for the recipient
13 to seek, obtain or maintain employment, so long as the funds are not
14 used for any other purpose, (c) an amount up to one thousand four
15 hundred dollars in a separate bank account established by an individual
16 while currently in receipt of assistance for the purpose of paying
17 tuition at a two-year or four-year accredited post-secondary educational
18 institution, so long as the funds are not used for any other purpose,
19 (d) the home which is the usual residence of the household, (e) one
20 automobile, up to ten thousand dollars fair market value, through March
21 thirty-first, two thousand seventeen; one automobile, up to eleven thou-
22 sand dollars fair market value, from April first, two thousand seventeen
23 through March thirty-first, two thousand eighteen; and one automobile,
24 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
1 two thousand eighteen and thereafter, or such other higher dollar value
2 as the local social services district may elect to adopt, (f) one burial
3 plot per household member as defined in department regulations, (g) bona
4 fide funeral agreements up to a total of one thousand five hundred
5 dollars in equity value per household member, (h) funds in an individual
6 development account established in accordance with subdivision five of
7 section three hundred fifty-eight of this chapter and section four
8 hundred three of the social security act and (i) for a period of six
9 months, real property which the household is making a good faith effort
10 to sell, in accordance with department regulations and tangible personal
11 property necessary for business or for employment purposes in accordance
12 with department regulations]. If federal law or regulations require the
13 exemption or disregard of additional income and resources in determining
14 need for family assistance, or medical assistance not exempted or disre-
15 garded pursuant to any other provision of this chapter, the department
16 may, by regulations subject to the approval of the director of the budg-
17 et, require social services officials to exempt or disregard such income
18 and resources. Refunds resulting from earned income tax credits shall be
19 disregarded in public assistance programs.
20 § 2. This act shall take effect immediately; provided, however, that
21 the amendments to section 131-n of the social services law made by
22 section one of this act shall not affect the expiration of such section
23 and shall be deemed to expire therewith.