S T A T E   O F   N E W   Y O R K
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    S. 2740                                                  A. 6251

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 27, 2009
                               ___________

IN  SENATE  -- Introduced by Sens. ADAMS, KRUEGER, MONSERRATE, PARKER --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Social Services

IN  ASSEMBLY  --  Introduced by M. of A. GREENE, JACOBS -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04226-01-9

              

S. 2740                             2                            A. 6251

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.
  (B) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION OR  ANY
OTHER  PROVISION  OF LAW, 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 ASSISTANCE OR CARE
(OR A RELATIVE LIABLE THEREFOR PURSUANT TO SECTION ONE  HUNDRED  ONE  OF
THIS TITLE) INSOFAR AS SUCH REAL 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 SHALL SUCH AUTHORITY TO BRING  AN  ACTION
OR  PROCEEDING  AND THE IMPLIED CONTRACT APPLY TO ANY MANUFACTURED HOME,
AS DEFINED IN PARAGRAPH FOUR OF SUBDIVISION A  OF  SECTION  TWO  HUNDRED
THIRTY-THREE  OF  THE  REAL  PROPERTY  LAW,  OF A PERSON WHO RECEIVES OR
RECEIVED ASSISTANCE OR CARE (OR A RELATIVE LIABLE THEREFOR  PURSUANT  TO
SECTION ONE HUNDRED ONE OF THIS TITLE) INSOFAR AS SUCH MANUFACTURED HOME
IS OR WAS THE PRIMARY RESIDENCE OF SUCH PERSON (OR SUCH RELATIVE).
  S  2.  Subdivision  1  of  section  106 of the social services law, as
amended by chapter 764 of the laws  of  1972,  is  amended  to  read  as
follows:
  1.  (A)  A social services official responsible, by or pursuant to any
provision of this chapter, for the administration of assistance or  care
granted or applied for may accept a deed of real property and/or a mort-
gage thereon on behalf of the public welfare district for the assistance
and  care  of  a person at public expense but such property shall not be
considered as public property and shall remain on the tax rolls and such
deed or mortgage shall be subject to redemption as provided in paragraph
(a) of subdivision two [hereof] OF THIS SECTION.
  (B) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION OR  ANY
OTHER  PROVISION  OF  LAW, THE AUTHORIZATION GRANTED BY THIS SUBDIVISION
SHALL NOT APPLY TO REAL PROPERTY OF A PERSON WHO  RECEIVES  OR  RECEIVED
ASSISTANCE  OR  CARE  (OR A RELATIVE LIABLE THEREFOR PURSUANT TO SECTION
ONE HUNDRED ONE OF THIS TITLE) INSOFAR AS SUCH REAL 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 SHALL SUCH AUTHORI-
ZATION APPLY TO ANY MANUFACTURED HOME, AS DEFINED IN PARAGRAPH  FOUR  OF
SUBDIVISION  A  OF SECTION TWO HUNDRED THIRTY-THREE OF THE REAL PROPERTY
LAW, OF A PERSON WHO RECEIVES OR RECEIVED ASSISTANCE OR CARE (OR A RELA-
TIVE LIABLE THEREFOR PURSUANT TO SECTION ONE HUNDRED ONE OF THIS  TITLE)
INSOFAR  AS  SUCH  MANUFACTURED  HOME IS OR WAS THE PRIMARY RESIDENCE OF
SUCH PERSON (OR SUCH RELATIVE).
  S 3. Subdivision 2 of section  369  of  the  social  services  law  is
amended by adding a new paragraph (e) to read as follows:
  (E) THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION SHALL
BE  SUBJECT  TO  THE LIMITATIONS IMPOSED BY PARAGRAPH (B) OF SUBDIVISION
ONE OF SECTION ONE HUNDRED FOUR AND PARAGRAPH (B) OF SUBDIVISION ONE  OF
SECTION ONE HUNDRED SIX OF THIS CHAPTER.
  S  4.  This  act  shall  take  effect  immediately  and shall apply to
actions, proceedings, liens, and implied contracts pending or  commenced
on or after such effective date.