NY State Senate Bill 2015-S4637

Senate Bill S4637

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 15, 2016	reported and committed to finance
Jan 06, 2016	referred to social services
Jun 02, 2015	reported and committed to finance
Apr 01, 2015	referred to social services

Votes

- Mar 15, 2016 - Social Services Committee Vote
  S4637
  
  4
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Social Services Committee Vote: Mar 15, 2016
      
      aye (4)
      
      Amedore
      
      Carlucci
      
      Persaud
      
      Squadron
      
      aye wr (3)
      
      Farley
      
      LaValle
      
      Martins
  Jun 2, 2015 - Social Services Committee Vote
  S4637
  
  4
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Social Services Committee Vote: Jun 2, 2015
      
      aye (4)
      
      Amedore
      
      Carlucci
      
      Montgomery
      
      Squadron
      
      nay (1)
      
      Farley
      
      aye wr (2)
      
      LaValle
      
      Martins

2015-S4637 (ACTIVE) - Details

See Assembly Version of this Bill:: A1060
Current Committee:: Senate Finance
Law Section:: Social Services Law
Laws Affected:: Amd §131-n, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6680, A1516
2011-2012: S410, A2956, A7236
2013-2014: S3136, A1981

2015-S4637 (ACTIVE) - Summary

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

2015-S4637 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4637

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 and disregard
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, is amended to provide and automobile
resource disregard up to nine thousand three hundred dollars fair
market value.

JUSTIFICATION:

The current law provides a two tier system for determining 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 individuals who depend on
their cars to facilitate their struggle out of poverty.

PRIOR LEGISLATIVE HISTORY:

None A1981 (2013-2014) Held for consideration in Ways and Means
6/17/14

A7236 (2011-2012) Held for consideration in Ways and Means 6/19/12
A2956 (2011-2012) Enacting clause stricken 3/23/11
A1516 (2009-2010) VETOED MEMO.  6793 8/30/10
A11125A (2007-2008) reported referred to ways and means 6/17/08

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.

2015-S4637 (ACTIVE) - Bill Text download pdf

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

                                  4637

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              April 1, 2015
                               ___________

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, 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, (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 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 thousand three hundred dollars FAIR MARKET VALUE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05551-02-5

S. 4637                             2

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.

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