senate Bill S410

Provides for a uniform allowable resource exemption and disregard for an applicant or recipient with an automobile

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO SOCIAL SERVICES
  • 04 / Jan / 2012
    • REFERRED TO SOCIAL SERVICES
  • 21 / Feb / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 12 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES

Summary

Provides for a uniform allowable resource exemption and disregard for an applicant or recipient with an automobile.

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Bill Details

See Assembly Version of this Bill:
A7236
Versions:
S410
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Social Services Law
Laws Affected:
Amd ยง131-n, Soc Serv L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S6680, A1516
2007-2008: A11125, A11125

Sponsor Memo

BILL NUMBER:S410 REVISED 03/12/12

TITLE OF BILL:
An act to amend the social services law, in relation to certain exempt
assets for public assistance eligibility

PURPOSE OR GENERAL IDEA OF BILL:
To provide for a uniform allowable resource exemption for an applicant
or recipient with an automobile.

SUMMARY OF SPECIFIC PROVISIONS:
Subdivision 1 of section 131-n of the social services law, as amended by
chapter 373 of laws of 2003, to provide an automobile value increase to
nine thousand three hundred dollars fair market value or a higher amount
that a social services district may elect.

JUSTIFICATION:
The current law provides a two tier system for determining the automo-
bile resource disregard when calculating the amount of benefits of any
household under public assistance programs. The law provides a lower
amount unless the automobile is being used to seek or retain employment.
The current structure does not adequately contemplate the effects of
inflation or other auto uses such as the pursuit of education. This
legislation will provide a uniform automobile resource limit that is
practical and fair to those individual who depend on their cars to
facilitate their struggle out of poverty.

LEGISLATIVE HISTORY:
2010: Vetoed S.6680

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately, provided that the amendments 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 reversion
of such section pursuant to section 153 of chapter 436 of the laws of
1997, as amended.

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

                                   410

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed 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

S. 410                              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.

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