Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to social services |
Jun 12, 2009 |
referred to social services |
Assembly Bill A8883
2009-2010 Legislative Session
Sponsored By
GIBSON
Archive: Last Bill Status - In Assembly 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
Actions
co-Sponsors
Hakeem Jeffries
Nelson Castro
Adam Clayton Powell IV
Inez Barron
multi-Sponsors
Deborah Glick
Earlene Hooper
2009-A8883 (ACTIVE) - Details
2009-A8883 (ACTIVE) - Sponsor Memo
BILL NUMBER:A8883 TITLE OF BILL: An act to amend the social services law, in relation to exempting certain real and personal property from certain social services enforcement of support provisions PURPOSE OR GENERAL IDEA OF BILL: Removes the disparity in the treatment of those persons receiving Tempo- rary Public Assistance who own a home versus those who do not. The purpose is also designed to create a stronger economic standing. This bill removes the authority to bring an action or proceeding against those persons who receive assistance or care for a relative that may own a one, two, three family dwelling, a condominium or any manufactured home as defined in subdivision four of section two hundred thirty-three of the real property law. SUMMARY OF SPECIFIC PROVISIONS: This bill amends Section 1., subdivision 1 of section 104 of the Social Service Law by adding a new section b.- the authority to bring an action or proceeding and the implied contract established by this section shall not apply to real property of a person who receives or received assist- ance or care (a relative liable therefore pursuant to section one hundred one of this title) insofar as such property is or was a one, two, or three family dwelling or a condominium and the primary residence of such person (or such relative). Nor such authority to bring an action or proceeding and the implied contract apply to any manufactured home,
2009-A8883 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8883 2009-2010 Regular Sessions I N A S S E M B L Y June 12, 2009 ___________ Introduced by M. of A. GIBSON -- read once and referred to the Committee on Social Services AN ACT to amend the social services law, in relation to exempting certain real and personal property from certain social services enforcement of support provisions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 104 of the social services law, as amended by chapter 573 of the laws of 1964, is amended to read as follows: 1. (A) A public welfare official may bring action or proceeding against a person discovered to have real or personal property, or against the estate or the executors, administrators and successors in interest of a person who dies leaving real or personal property, if such person, or any one for whose support he is or was liable, received assistance and care during the preceding ten years, and shall be enti- tled to recover up to the value of such property the cost of such assistance or care. Any public assistance or care received by such person shall constitute an implied contract. No claim of a public welfare official against the estate or the executors, administrators and successors in interest of a person who dies leaving real or personal property, shall be barred or defeated, in whole or in part, by any lack of sufficiency of ability on the part of such person during the period assistance and care were received. Nor shall the claim asserted by a public welfare official against any person under this section be impaired, impeded, barred or defeated, in whole or in part, on the grounds that another person or persons may also have been liable to contribute. In all claims of the public welfare official made under this section the public welfare official shall be deemed a preferred creditor. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04226-01-9
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.