S T A T E O F N E W Y O R K
________________________________________________________________________
8683
2019-2020 Regular Sessions
I N A S S E M B L Y
October 23, 2019
___________
Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Social Services
AN ACT to amend the social services law, in relation to exempting
certain income from temporary work related to improving participation
in the decennial census in the calculation of household benefits under
public assistance programs
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 separately amended by chapters 323 and 329 of the laws of 2019, 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 ten thousand
dollars fair market value, through March thirty-first, two thousand
seventeen; one automobile, up to eleven thousand dollars fair market
value, from April first, two thousand seventeen through March thirty-
first, two thousand eighteen; and one automobile, up to twelve thousand
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13962-01-9
A. 8683 2
dollars fair market value, beginning April first, two thousand eighteen
and thereafter, 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, (i) for a period of six months, real property
which the household is making a good faith effort to sell, in accordance
with department regulations and tangible personal property necessary for
business or for employment purposes in accordance with department regu-
lations, [and] (j) funds in a qualified tuition program that satisfies
the requirement of section 529 of the Internal Revenue Code of 1986, as
amended, [and (j)] (K) funds in a New York achieving a better life expe-
rience savings account established in accordance with article eighty-
four of the mental hygiene law, AND (L) ANY INCOME OR STIPEND PAID BY
THE UNITED STATES CENSUS BUREAU, A GOVERNMENTAL ENTITY, OR A NONPROFIT
ORGANIZATION FOR TEMPORARY WORK RELATED TO IMPROVING PARTICIPATION IN
THE DECENNIAL CENSUS THAT IS EARNED DURING THE YEAR PRECEDING A DECENNI-
AL CENSUS AND DURING THE YEAR OF THE DECENNIAL CENSUS. If federal 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 offi-
cials to exempt or disregard such income and resources. Refunds result-
ing from earned income tax credits shall be disregarded in public
assistance programs.
§ 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.