senate Bill S311C

Requires applicants for public assistance to be fully informed that they may be liable to reimburse the state for benefits received

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO SOCIAL SERVICES
  • 28 / Feb / 2013
    • 1ST REPORT CAL.143
  • 04 / Mar / 2013
    • 2ND REPORT CAL.
  • 05 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 12 / Jun / 2013
    • AMENDED ON THIRD READING 311A
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO SOCIAL SERVICES
  • 14 / Jan / 2014
    • AMEND AND RECOMMIT TO SOCIAL SERVICES
  • 14 / Jan / 2014
    • PRINT NUMBER 311B
  • 24 / Apr / 2014
    • AMEND AND RECOMMIT TO SOCIAL SERVICES
  • 24 / Apr / 2014
    • PRINT NUMBER 311C
  • 29 / Apr / 2014
    • 1ST REPORT CAL.396
  • 30 / Apr / 2014
    • 2ND REPORT CAL.
  • 05 / May / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Requires applicants for public assistance to be fully informed, orally and in writing, that they may be liable to reimburse the state for benefits received; requires an informed acknowledgment form to be signed by the applicant and kept in the applicant's file.

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Bill Details

See Assembly Version of this Bill:
A9317A
Versions:
S311
S311A
S311B
S311C
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Social Services Law
Laws Affected:
Add ยง110-b, Soc Serv L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S6569, S6569
2009-2010: A8873A, A8873A
2007-2008: A1867A, A1867A

Votes

4
1
4
Aye
1
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Social Services committee vote details
nay (1)
aye wr (1)

Sponsor Memo

BILL NUMBER:S311C

TITLE OF BILL: An act to amend the social services law, in relation
to providing notice to applicants of potential liability for public
assistance benefits

PURPOSE OR GENERAL IDEA OF BILL:

Directs the Office of Temporary and Disability Assistance to inform,
both orally and in writing, applicants for either public assistance
that they may be liable to reimburse the state for benefits received.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the Social Services Law by adding a new section
110-b. Requires an applicant to be informed, both orally and in
writing, that he or she may be liable to reimburse the state for
public assistance benefits received. The applicant shall sign an
acknowledgement form, separate and apart from the application for such
benefits, provided by the OTDA and the local department shall keep
such acknowledgement form in such applicant's file. States that the
production of such from shall not be required for the recovery of
benefits. Provides that the local social services district is not
prevented from keeping its records electronically.

JUSTIFICATION:

Applicants need to know that they may be liable to reimburse the state
for public assistance benefits received. By having this separate
notice given, it provides clear and informed consent to the applicant
for receipt of such benefits.

EXISTING LAW:

None

PRIOR LEGISLATIVE HISTORY:

2014: S.311B-Amended and recommitted to Social Services/A.9317
Referred to Social Services
2013: S.311A-Amended on Third Reading Calendar/A.547A- Amended on
Third Reading Calendar
2012: S.6569 - Referred to Social Services/A.461 Died on Third Reading
Calendar 330
2011: A.461 - Passed Assembly

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on June 30th, 2015.

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

                                 311--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. DIAZ, AVELLA, ESPAILLAT, SAMPSON -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Social  Services -- reported favorably from said committee, ordered to
  first and second report, ordered  to  a  third  reading,  amended  and
  ordered  reprinted,  retaining its place in the order of third reading
  -- recommitted to the Committee on Social Services in accordance  with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the social services law, in relation to providing notice
  to applicants of potential liability for public assistance benefits

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The social services law is amended by adding a new  section
110-b to read as follows:
  S  110-B.  RECOVERY  FROM A PERSON DISCOVERED TO HAVE PROPERTY; NOTICE
AND INFORMED CONSENT.  NOTWITHSTANDING ANY LAW, RULE  OR  REGULATION  TO
THE  CONTRARY,  AN  APPLICANT  FOR  PUBLIC  ASSISTANCE  SHALL  BE  FULLY
INFORMED, ORALLY AND IN WRITING, THAT HE OR SHE MAY BE LIABLE  TO  REIM-
BURSE THE STATE FOR PUBLIC ASSISTANCE BENEFITS RECEIVED, AS PROVIDED FOR
IN  THIS  TITLE.  SUCH  APPLICANT  SHALL  SIGN  AN  ACKNOWLEDGMENT FORM,
PROVIDED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE,  SEPARATE
FROM  OTHER  APPLICATION-RELATED  FORMS,  AND THE LOCAL DEPARTMENT SHALL
KEEP SUCH ACKNOWLEDGMENT FORM IN SUCH APPLICANT'S FILE; PROVIDED, HOWEV-
ER, THAT PRODUCTION OF SUCH FORM SHALL NOT BE REQUIRED FOR THE  RECOVERY
OF  PUBLIC  WELFARE BENEFITS. NOTHING IN THIS SECTION SHALL BE DEEMED TO
PREVENT THE LOCAL SOCIAL SERVICES DISTRICT FROM MAINTAINING ITS  RECORDS
ELECTRONICALLY.
  S 2. This act shall take effect on June 30, 2015.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01004-07-4

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