S T A T E   O F   N E W   Y O R K
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                                  2956

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2011
                               ___________

Introduced by M. of A. WRIGHT, ROBINSON, CAHILL -- Multi-Sponsored by --
  M. of A. BRENNAN, COOK, GLICK, HOOPER -- read once and referred to the
  Committee on Social Services

AN  ACT  to amend the social services law, in relation to certain exempt
  assets for public assistance eligibility

  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,  (e)  one  automobile,  up to [four thousand six hundred
fifty dollars fair market value, provided, however, that if the  automo-
bile  is needed for the applicant or recipient to seek or retain employ-
ment or travel to and from work activities as defined in  section  three
hundred  thirty-six  of  this chapter, the automobile exemption shall be
increased to] nine thousand three hundred dollars FAIR MARKET VALUE,  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00843-01-1
              

A. 2956                             2

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 property which the household is
making a good faith effort to sell, in accordance with department  regu-
lations  and  tangible  personal  property necessary for business or for
employment purposes in accordance with department regulations. If feder-
al law or regulations require the exemption or disregard  of  additional
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 that the  amend-
ments  to subdivision 1 of section 131-n of the social services law made
by section one of this act shall be subject to the expiration and rever-
sion of such section pursuant to section 153 of chapter 436 of the  laws
of 1997, as amended.