Bill Text: NY A07817 | 2019-2020 | General Assembly | Introduced

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Bill Title: Exempts certain funds in NY ABLE savings accounts from the calculation of household benefits under public assistance programs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-10-03 - SIGNED CHAP.329 [A07817 Detail]

Download: New_York-2019-A07817-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7817

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 23, 2019
                                       ___________

        Introduced by M. of A. HEVESI -- read once and referred to the Committee
          on Social Services

        AN  ACT  to  amend  the  social  services  law, in relation to exempting
          certain funds in a NY ABLE  savings  account  in  the  calculation  of
          household benefits under public assistance programs

          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 shall be exempt and disregarded  in  calcu-
     5  lating  the amount of benefits of any household under any public assist-
     6  ance program: (a) cash and liquid or nonliquid resources up to two thou-
     7  sand dollars, or three thousand dollars in the  case  of  households  in
     8  which  any  member  is  sixty years of age or older, (b) an amount up to
     9  four thousand six hundred fifty  dollars  in  a  separate  bank  account
    10  established  by  an  individual while currently in receipt of assistance
    11  for the sole purpose of enabling the individual to purchase a  first  or
    12  replacement  vehicle  for  the  recipient  to  seek,  obtain or maintain
    13  employment, so long as the funds are not used for any other purpose, (c)
    14  an amount up to one thousand four hundred dollars  in  a  separate  bank
    15  account  established  by  an  individual  while  currently in receipt of
    16  assistance for the purpose of paying tuition at a two-year or  four-year
    17  accredited  post-secondary educational institution, so long as the funds
    18  are not used for any other purpose, (d) the  home  which  is  the  usual
    19  residence  of  the  household,  (e)  one  automobile, up to ten thousand
    20  dollars fair market value,  through  March  thirty-first,  two  thousand
    21  seventeen;  one  automobile,  up  to eleven thousand dollars fair market
    22  value, from April first, two thousand seventeen  through  March  thirty-
    23  first,  two thousand eighteen; and one automobile, up to twelve thousand
    24  dollars fair market value, beginning April first, two thousand  eighteen

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11381-01-9
        A. 7817                             2

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