Assembly Bill A5102

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

                                  5102

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
  tee 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, paragraph (c) as amended
by section 5 of part J of chapter 58 of the laws of 2014, 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 or four-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  HOMESTEAD 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09056-01-5
              

A. 5102                             2

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  activities as defined in section three hundred thirty-six of
this  chapter, the automobile exemption shall be increased to nine thou-
sand 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  develop-
ment  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 regulations and  tangible  personal  property
necessary  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.