S T A T E   O F   N E W   Y O R K
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                                  10061

                          I N  A S S E M B L Y

                               May 2, 2012
                               ___________

Introduced  by M. of A. GOODELL -- Multi-Sponsored by -- M. of A. BLANK-
  ENBUSH, FRIEND, GIGLIO, HANNA, LOSQUADRO, McLAUGHLIN, MURRAY,  TENNEY,
  WALTER -- read once and referred to the Committee on Social Services

AN  ACT  to  amend the social services law, in relation to requiring the
  homestead exemption used in the calculation for public  assistance  to
  be  the  same as the homestead exemption under the civil practice laws
  and rules

  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 chapter 373 of the laws of 2003, is  amended  to  read  as
follows:
  1.  The  following resources shall be exempt and disregarded in calcu-
lating the amount of benefits of any household under any public  assist-
ance program: (a) cash and liquid or nonliquid resources up to two thou-
sand  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 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 PROVIDED THAT THE VALUE THEREOF DOES NOT EXCEED THE HOME-
STEAD EXEMPTION SPECIFIED IN SUBDIVISION (A) OF  SECTION  FIVE  THOUSAND
TWO HUNDRED SIX OF THE CIVIL PRACTICE LAW AND RULES, (e) one automobile,
up  to  four  thousand  six  hundred  fifty  dollars  fair market value,
provided, however, that if the automobile is needed for the applicant or
recipient to seek or retain employment or travel to and from work activ-
ities as defined in section three hundred thirty-six  of  this  chapter,

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

                                                           LBD14965-02-2

A. 10061                            2

the  automobile  exemption  shall  be  increased  to nine thousand three
hundred dollars, 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 and (i) for a period of six months, real proper-
ty which the household is making a good faith effort to sell, in accord-
ance  with  department regulations and tangible personal property neces-
sary  for  business  or  for  employment  purposes  in  accordance  with
department  regulations;  PROVIDED,  HOWEVER,  THAT  THE SOCIAL SERVICES
DISTRICT SHALL BE ENTITLED TO RECOVER THE COST  OF  ASSISTANCE  OR  CARE
PROVIDED DURING SUCH SIX MONTH PERIOD UP TO THE NET EQUITY VALUE OF SUCH
PROPERTY  AND  MAY, IN ITS DISCRETION, IMPOSE A LIEN ON SUCH PROPERTY TO
ENSURE REPAYMENT OF SUCH ASSISTANCE UPON THE SALE OF SUCH PROPERTY.   If
federal  law  or regulations require the exemption or disregard of addi-
tional income and resources in determining need for  family  assistance,
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.
  S  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.