Provides for a uniform allowable resource exemption and disregard for an applicant or recipient with an automobile.
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 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.
STATE OF NEW YORK ________________________________________________________________________ 410 2011-2012 Regular Sessions IN SENATE (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, orEXPLANATION--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.