Senate Bill S3936

2011-2012 Legislative Session

Eliminates the state's recourse to public assistance recipients' residences for reimbursement of expenditures made for their benefit

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Social Services 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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2011-S3936 (ACTIVE) - Details

See Assembly Version of this Bill:
A462
Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Amd ยงยง104, 106 & 369, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2740, A8883, A6251
2013-2014: S2816, A543

2011-S3936 (ACTIVE) - Summary

Eliminates the state's recourse to public assistance recipients' or their relatives' residences, one, two or three family dwelling and the primary residence, including manufactured homes for reimbursement of expenditures made for their benefit.

2011-S3936 (ACTIVE) - Sponsor Memo

2011-S3936 (ACTIVE) - Bill Text download pdf

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

                                  3936

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 10, 2011
                               ___________

Introduced  by  Sen.  ADAMS  -- 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  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.
                                                           LBD00225-01-1

              

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