Bill Text: NY A03539 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to eliminating asset limits in calculating the amount of benefits for any household under any public assistance program.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced) 2024-01-03 - referred to ways and means [A03539 Detail]

Download: New_York-2023-A03539-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3539

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 3, 2023
                                       ___________

        Introduced  by  M.  of A. GONZALEZ-ROJAS, KIM, PRETLOW, FALL, BURDICK --
          read once and referred 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 5 of part U of chapter 56 of the laws of 2022,  is
     3  amended to read as follows:
     4    1.  [The  following resources]  All assets held by the household shall
     5  be 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 five hundred dollars  for  appli-
     8  cants,  three  thousand  seven  hundred  fifty dollars for applicants in
     9  households in which any member is sixty years of  age  or  older  or  is
    10  disabled  or  ten  thousand  dollars for recipients, (b) an amount up to
    11  four thousand six hundred fifty  dollars  in  a  separate  bank  account
    12  established  by  an  individual while currently in receipt of assistance
    13  for the sole purpose of enabling the individual to purchase a  first  or
    14  replacement  vehicle  for  the  recipient  to  seek,  obtain or maintain
    15  employment, so long as the funds are not used for any other purpose, (c)
    16  an amount up to one thousand four hundred dollars  in  a  separate  bank
    17  account  established  by  an  individual  while  currently in receipt of
    18  assistance for the purpose of paying tuition at a two-year or  four-year
    19  accredited  post-secondary educational institution, so long as the funds
    20  are not used for any other purpose, (d) the  home  which  is  the  usual
    21  residence  of  the  household,  (e)  one  automobile, up to ten thousand
    22  dollars fair market value,  through  March  thirty-first,  two  thousand
    23  seventeen;  one  automobile,  up  to eleven thousand dollars fair market
    24  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
        A. 3539                             2

     1  first,  two thousand eighteen; and one automobile, up to twelve thousand
     2  dollars fair market value, beginning April first, two thousand  eighteen
     3  and  thereafter,  or  such other higher dollar value as the local social
     4  services  district may elect to adopt, (f) one burial plot per household
     5  member as defined in  department  regulations,  (g)  bona  fide  funeral
     6  agreements  up to a total of one thousand five hundred dollars in equity
     7  value per household member,  (h)  funds  in  an  individual  development
     8  account established in accordance with subdivision five of section three
     9  hundred  fifty-eight  of  this chapter and section four hundred three of
    10  the social security act, (i) for a period of six months,  real  property
    11  which the household is making a good faith effort to sell, in accordance
    12  with department regulations and tangible personal property necessary for
    13  business  or for employment purposes in accordance with department regu-
    14  lations, and (j) funds in a qualified tuition program that satisfies the
    15  requirement of section 529 of the Internal  Revenue  Code  of  1986,  as
    16  amended,  and (k) funds in a New York achieving a better life experience
    17  savings account established in accordance with  article  eighty-four  of
    18  the mental hygiene law].
    19    If  federal  law  or regulations require the exemption or disregard of
    20  additional income and resources in determining need for  family  assist-
    21  ance,  or medical assistance not exempted or disregarded pursuant to any
    22  other provision of this chapter,  the  department  may,  by  regulations
    23  subject  to  the  approval of the director of the budget, require social
    24  services officials to exempt or disregard  such  income  and  resources.
    25  Refunds resulting from earned income tax credits shall be disregarded in
    26  public assistance programs.
    27    §  2.  This act shall take effect immediately; provided, however, that
    28  the amendments to section 131-n of  the  social  services  law  made  by
    29  section  one of this act shall not affect the expiration of such section
    30  and shall be deemed to expire therewith.