S T A T E   O F   N E W   Y O R K
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                                  1516

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. WRIGHT, ROBINSON, CAHILL -- Multi-Sponsored by --
  M.  of  A.  BRENNAN,  COOK,  GLICK,  HOOPER,  PHEFFER -- 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

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

                                                           LBD00471-01-9

A. 1516                             2

increased  to] nine thousand three hundred dollars FAIR MARKET VALUE, 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 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.