S T A T E   O F   N E W   Y O R K
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                                  4899

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2013
                               ___________

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, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08559-01-3
              

A. 4899                             2

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,
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.