senate Bill S3136

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 29, 2014 reported and committed to finance
Jan 08, 2014 referred to social services
Jan 30, 2013 referred to social services

Votes

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May 29, 2014 - Social Services committee Vote

S3136
3
2
committee
3
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Social Services Committee Vote: May 29, 2014

nay (2)
aye wr (1)

Co-Sponsors

S3136 - Bill Details

See Assembly Version of this Bill:
A1981
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd ยง131-n, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S410, A7236
2009-2010: S6680, A1516

S3136 - Bill Texts

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

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BILL NUMBER:S3136

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 determin-
ing the automobile 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.

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

                                  3136

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 30, 2013
                               ___________

Introduced  by  Sens. KRUEGER, PARKER -- 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
such other higher dollar value as the local social services district may

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01759-01-3

S. 3136                             2

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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